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LAW OF UNION BETWEEN SOMALILAND AND

SOMALIA: Law No: 1 of 1960 -


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,