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LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960
Commentary:
Prior to attaining independence on 26 June 1960, Somaliland was very much interested in pursuing the dream of a Greater Somali State encompassing all the five territories inhabited by people of Somali ethnic origin. After discussions in 1960, Representatives of Somaliland and Somalia agreed that an Act of Union will be signed by both states on independence and that this document will be in the nature of an international agreement between the two states. The Legislative Assembly of the independent STATE OF SOMALILAND therefore signed the Union of Somaliland and Somalia Law (set out below) on 27 June 1960. The Law was immediately effective in Somaliland, but as set out in the recital, it was supposed to be signed by the representatives of Somalia, as well. In fact, this never happened. Instead the Legislative Assembly of the Somalia Trust Territory met on 30 June 1960 and decided to approve “in principle” an Act of Union (Atto di Unioni), which was significantly different from this Act of Union. According to Contini, (The Somali Republic: An Experiment in Legal Integration, Frank Cass & Co. Lt 1969: London), the Assembly requested the “Government of Somalia to establish with the Government of Somaliland a definitive single text of the Act of Union, to be submitted to the National Assembly for approval”.
LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960
Commentary:
Prior to attaining independence on 26 June 1960, Somaliland was very much interested in pursuing the dream of a Greater Somali State encompassing all the five territories inhabited by people of Somali ethnic origin. After discussions in 1960, Representatives of Somaliland and Somalia agreed that an Act of Union will be signed by both states on independence and that this document will be in the nature of an international agreement between the two states. The Legislative Assembly of the independent STATE OF SOMALILAND therefore signed the Union of Somaliland and Somalia Law (set out below) on 27 June 1960. The Law was immediately effective in Somaliland, but as set out in the recital, it was supposed to be signed by the representatives of Somalia, as well. In fact, this never happened. Instead the Legislative Assembly of the Somalia Trust Territory met on 30 June 1960 and decided to approve “in principle” an Act of Union (Atto di Unioni), which was significantly different from this Act of Union. According to Contini, (The Somali Republic: An Experiment in Legal Integration, Frank Cass & Co. Lt 1969: London), the Assembly requested the “Government of Somalia to establish with the Government of Somaliland a definitive single text of the Act of Union, to be submitted to the National Assembly for approval”.
LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960
Commentary:
Prior to attaining independence on 26 June 1960, Somaliland was very much interested in pursuing the dream of a Greater Somali State encompassing all the five territories inhabited by people of Somali ethnic origin. After discussions in 1960, Representatives of Somaliland and Somalia agreed that an Act of Union will be signed by both states on independence and that this document will be in the nature of an international agreement between the two states. The Legislative Assembly of the independent STATE OF SOMALILAND therefore signed the Union of Somaliland and Somalia Law (set out below) on 27 June 1960. The Law was immediately effective in Somaliland, but as set out in the recital, it was supposed to be signed by the representatives of Somalia, as well. In fact, this never happened. Instead the Legislative Assembly of the Somalia Trust Territory met on 30 June 1960 and decided to approve “in principle” an Act of Union (Atto di Unioni), which was significantly different from this Act of Union. According to Contini, (The Somali Republic: An Experiment in Legal Integration, Frank Cass & Co. Lt 1969: London), the Assembly requested the “Government of Somalia to establish with the Government of Somaliland a definitive single text of the Act of Union, to be submitted to the National Assembly for approval”.
Passed by !e I"de#e"de" Sae of So$a%&%a"d Le'&s%a()e o" *+ ,UNE 1960
Whereas the State of Somaliland achieved independence and ceased to be under British protection or within the jurisdiction and sovereignty of Her Britannic Majesty on the 26th day of June !"6# being Muharram !st !$%" and Whereas the State of Somalia achieved its independence and ceased to have the status of a &rust &erritory of the 'nited (ations )rganisation administered by the *epublic of +taly on the !st day of July !"6# being Muharram 6th !$%" and Whereas it is the will of the peoples of Somaliland and Somalia that their States shall unite and shall forever be united in the Somali *epublic,
(ow we the signatories hereof being the duly authori-ed representatives of the peoples of Somaliland and Somalia and having vested in us the power to ma.e and enter into this /aw of 'nion on behalf of our respective States and peoples do hereby solemnly and in the name of 0od the 1ompassionate and Merciful agree as follows2
!, 3a4 &he State of Somaliland and the State of Somalia do hereby unite and shall forever remain united in a new independent democratic unitary republic the name whereof shall be the Somali *epublic, 3b4 &he 1apital of the Somali *epublic shall be Mogadishu,
2, Subject to the e5press provisions of this 6ct of 'nion the 'nion hereby constituted shall be upon the following conditions2 3!4 &hat the component administrative units of the government of the Somali *epublic until more suitable administrative arrangements are made shall be firstly the region comprising the territories contained in the boundaries of the presently e5isting Sae of So$a%&%a"d 7hereinafter referred to as the (orthern *egion8 and secondly those presently e5isting territories which comprise the si5 *egions of Mijertein Mudugh Hiran Benadir 'pper Juba and /ower Juba all in Somalia 3hereinafter collectively referred to as the second9named *egions4, 324 &hat the e5isting laws presently in force in the (orthern *egion and in the second9named *egions respectively shall remain in full force and effect within the respective territories where the same presently apply and shall not have force or effect beyond those respective territories where the same presently apply, 3$4 &hat all persons now serving the Somaliland 0overnment in the (orthern *egion and the 0overnment of Somalia in the second9named *egions respectively shall continue to serve the 0overnment of the Somali *epublic upon terms not less favourable than those at present applicable to them, 3:4 &hat the 1ourts as presently constituted in the aforesaid (orthern *egion and the aforesaid second9named *egions shall continue to e5ercise within their respective territories the jurisdiction which is conferred upon them by presently e5isting law and shall be 1ourts of the Somali nation; 3<4 &hat all rights and obligations vested or accruing whether public or private 3including any status of legal personality ac=uired under law by corporate or non9corporate bodies4 shall continue to subsist in accordance with sub9clause 324 hereof be recognised and enforced by the 1ourts of the Somali *epublic referred to in sub9clause 3:4 hereof and by the 0overnment in the Somali *epublic, 364 &hat in the Somali *epublic the national languages of the *epublic shall be as to the spo.en tongue Somali and as to the written language 6rabic >nglish and +talian which shall have e=ual status,
$, 3!4 6ll persons who upon the date of this 'nion possess the citi-enship of Somaliland and Somalia respectively shall by this 'nion now become citi-ens of the Somali *epublic, 324 6ll persons who hereafter would but for this 'nion have become citi-ens of Somaliland or Somalia respectively under the law of either of the two uniting States as presently subsisting shall hereafter become citi-ens of the Somali *epublic,
:, &he Head of State of the Somali *epublic shall be the ?resident of the *epublic chosen in accordance with the provisions of the 1onstitution referred to in 6rticle % hereof,
<, &he >5ecutive 6uthority of the Somali *epublic shall be vested in the 1ouncil of Ministers appointed in accordance with the provisions of the 1onstitution referred to in 6rticle % hereof and shall be e5ercised as therein provided,
6, &he legislative power of the Somali *epublic shall be vested in the (ational 6ssembly constituted in accordance with the provisions of the 1onstitution referred to in 6rticle % hereof and shall be e5ercised as therein provided,
%, &he 1onstitution of the Somali *epublic shall be the 1onstitution of the State of Somalia with such adaptations as may be necessary to bring it into conformity with this 6ct of 'nion but notwithstanding the provisions thereof relating to amendment no amendment of that 1onstitution shall derogate from the conditions of 'nion set forth in clause 2 hereof unless made in accordance with the procedure and provisions set forth in clause !# hereof,
@, 3!4 'pon this 6ct being made the presently subsisting /egislative 6ssemblies of Somaliland and Somalia respectively shall cease as such to subsist2 but the e5isting elected members of the said /egislative 6ssemblies shall constitute the first (ational 6ssembly of the Somali *epublic, +mmediately upon the (ational 6ssembly of the Somali *epublic being constituted under these provisions the members thereof shall each before the person presiding over the (ational 6ssembly ma.e an oath of allegiance to the Somali *epublic, 324 &he e5isting ?resident or Aice9?resident of the /egislative 6ssembly of Somalia shall preside over the (ational 6ssembly of the Somali *epublic for the purpose of ta.ing the oaths of allegiance in accordance with sub9clause 3!4 hereof and for the purpose of electing the first ?resident of the (ational 6ssembly only, 3$4 &he members of the 1ouncil of Ministers after being appointed in accordance with the 1onstitution shall each ma.e an oath of allegiance to the Somali *epublic before the ?resident of the (ational 6ssembly,
", 3!4 (otwithstanding anything in clause 2 hereof the citi-ens of the Somali *epublic shall have the right freely to move for lawful purposes throughout the territory of the *epublic subject to the provisions of any law relating to public order or human or animal health, 324 (otwithstanding anything in clause 2 hereof there shall be no customs e5cise or other ta5 imposed upon the movement of goods 3including animals4 between any parts of the territory of the Somali *epublic providing such goods originate from the *egion from which they are proceeding, 3$4 'ntil unification of customs tariffs is achieved goods imported from foreign countries land moving from the (orthern *egion to the second9named *egions and vice versa shall be subject to the customs laws at present in force2 in the (orthern *egion and the second9named *egions,
!#, 3!4 &here shall he established a Special 1ommission the members of which shall be persons who were immediately prior to this 6ct of 'nion either members of the /egislative 6ssembly of Somalia or members of the /egislative 6ssembly of Somaliland together with a 1hairmen being a member of the (ational 6ssembly a pointed by the members of the 1ommission, 324 &he members of the Special 1ommission 3other than the 1hairman4 shall be appointed by the ?resident of the Somali *epublic acting on the advice of the 1ouncil of Ministers and shall consist of an e=ual number of former members of the /egislative 6ssembly of Somalia and former members of the legislative 6ssembly of Somaliland, 3$4 &he Special 1ommission shall e5amine into and ma.e recommendations 3which in the event of the 1ommission not being unanimous shall be the recommendations of a majority of its members to which a minority report shall be attached4 as to the provisions to be made from time to time by law for the purpose of establishing uniformity between the laws institutions public services and social services presently e5isting in the regions referred to in clause 2 3!4 hereof, 3:4 &he Special 1ommission shall for the aforesaid purposes be empowered to establish sub9commissions or committees the members whereof may include other persons and to engage or call for assistance from any person by way of advice or otherwise, 3<4 6 Special 1ommission shall from time to time report to the 1ouncil of Ministers as to its recommendations under sub9clause 3$4 of this 1lause and the 1ouncil of Ministers shall thereupon with all reasonable dispatch lay such report before the (ational 6ssembly together with the proposed legislation to be made to give effect thereto, 364 &he (ational 6ssembly shall thereupon decide by a majority of the members thereof present and voting upon such proposed legislation whether the same shall be enacted, 3%4 'pon the (ational 6ssembly so deciding then the ?resident shall assent to such legislation and upon the same coming into operation any condition set forth in clause 2 hereof shall so far as it is inconsistent with such legislation be abrogated, 3@4 &he Special 1ommission may with the approval of the 1ouncil of Ministers ma.e rules regulating its procedure and providing for the duration of the appointments of its members the remuneration of any persons whose participation or assistance is called for under sub9clause 3$4 hereof the filling of vacancies in membership and all other matters as may be re=uired for the performance of the functions conferred upon the Special 1ommission by this clause2 ?rovided that if the Special 1ommission fails to ma.e rules under this sub9clause in accordance with a re=uest made to it by the 1ouncil of Ministers the 1ouncil of Ministers may ma.e the said rules, 3"4 6ny rules made under sub9clause 3@4 may be added to amended or revo.ed in the same manner,
!!, 3!4 6ny property 3including any rights arising from contracts or otherwise4 that is immediately before this 6ct of 'nion vested in the 0overnment of Somaliland or in the State of Somalia shall upon this 6ct being made vest in the Somali *epublic or +n any such person or authority on behalf of the Somali *epublic as the 1ouncil of Ministers may direct, 324 6ny liabilities or obligation 3whether arising from contract or otherwise4 incurred by the 0overnment of Somaliland or by the State of Somalia and subsisting immediately before this 6ct of 'nion shall upon this 6ct of 'nion being made be a liability or obligation of the Somali *epublic or of such person or authority on behalf of the Somali *epublic as the 1ouncil of Ministers may direct, 3$4 Bor the purposes of the preceding sub9clause any property which immediately before the ma.ing of this 6ct of 'nion was vested in or any liability or obligation which at that time had been incurred by any person or authority on behalf of the 0overnment of Somaliland the State of Somalia shall be deemed to be property vested in or a liability or obligation incurred by the respective 0overnment or State, 3:4 Without derogation from the foregoing provisions of this 1lause the rights and obligations arising from agreements entered into 9 between the 0overnment of Somaliland and the 0overnment of the 'nited Cingdom of 0reat Britain and (orthern +reland and between the 0overnment of Somalia and the 0overnment of +taly and other States and +nternational )rganisations which are set out in the Schedule 324 to this 6ct shall be binding upon the Somali *epublic,
!2, 3!4 Bor the time being the provision subsisting immediately before the ma.ing of this 6ct of 'nion for the e5penditure of public monies of the Somali *epublic hereby constituted within and upon the (orthern *egion and the second9named *egions shall as far as practicable continue to the intent that those monies which have been authorised to be e5pended within and upon the respective (orthern *egion and second9 named *egions shall continue to be e5pended upon the public service and upon the development and welfare and in the service of the said (orthern *egion and the second9 named *egions and the inhabitants thereof respectively, 324 Bor the time being the presently subsisting provision for the e5penditure of public monies 3including such monies as may be provided by way of assistance from foreign States4 upon the development and welfare of the aforesaid (orthern *egion and second9 named *egions and the inhabitants thereof respectively shall as far as practicable continue to the intent that those schemes of development and welfare which are now current shall be completed and that those schemes of development and welfare which have been planned shall be proceeded with within the respective (orthern *egion and second9 named *egions hereinbefore referred to and for the benefit of their respective inhabitants, 3$4 &he Supreme 1ourt of the Somali *epublic shall have appellate jurisdiction in relation to decisions of the 1ourts now constituted and which will continue to subsist in the aforesaid (orthern *egion,