Transitional Federal Charter of the Somali Republic


The Transitional Federal Charter of the Somali Republic was the principle organizing document of Somalia. Written and approved in February 2004, it represented one of the Transitional Federal Institutions. The other TFIs included the Transitional Federal Parliament, which was the legislative branch, and the Transitional Federal Government, the TFI's executive wing.
The TFC was distinct from the national constitution, which was distinguished as a separate document.
On 1 August 2012, an 825-member national constituent assembly approved a new provisional constitution by a landslide of 96% for the Federal Republic of Somalia.

Chapter 1

The Charter's first Chapter establishes the Transitional Federal Government as the sovereign government of Somalia, and gives the government supremacy of law over the nation.
It defines Somalia in Article 3 as having the following borders:
North; Gulf of Aden.

North West; Djibouti.

West; Ethiopia.

South south-west; Kenya.

East; Indian Ocean.

Article 4 also stipulates that all disputes regarding inconsistencies between national laws and the Charter should be brought before the Supreme Court for adjudication.

Chapter 2

This chapter grants citizenship to all persons who were citizens of the Somali Republic at the time the Charter came into effect, and extends citizenship to all those who were born in the Somali Republic, or whose father is a citizen of the Somali Republic, so long as that did not conflict with other citizenships.

Chapter 4

This Chapter defines the government as a federation and describes the nature of the federal government. It defines the scope and structure of the republic as a hierarchy :
For example, Puntland would qualify as a State Government, if it choose to remain so organized within this structure.
It also calls for a national census to be conducted and a new Constitution to be drafted by a Federal Constitution Commission, and for the Constitution to be approved by a national referendum. It also defines a Ministry of Federal and Constitutional Affairs to implement such affairs.
Auxiliary organs are also called out: auditor general, attorney general, accountant general, and Governor of Central Bank.

Chapter 5

This Chapter deals with a number of personal civil rights:
The next several Chapters define the branches of government:
These sections cover policies regarding administration of the country as a whole.
  • Chapter 11: This chapter delineates policies for Somalia's land, natural resources, and environment.
  • Chapter 12: Independent commissions and administrative committees
  • Chapter 13: International and bilateral relations

    Chapter 15–16

These sections invest Parliament with the power to amend the Charter, state that anything not covered by the Charter is to be governed by the 1960 Somalia Constitution, and defines other factors of the transitional period.

Schedules

  • Schedule I - Powers of the Transitional Federal Government
  • Schedule II - Powers of the State Governments
  • Schedule III - The reports of the five Reconciliation Committees of the Somali National Reconciliation Conference in Kenya 2002-2003.
  • Schedule IV - List of the delegates, political leaders and political groups.