PROVISIONAL CONSTITUTION
(2)
(d)
Transparency and accountability;;
(e)
Political neutrality;; and
(f)
Members of the forces shall be trained on the implementation of this Constitution, the laws
of the land and the international treaties to which the Federal Republic of Somalia is a party.
Every Somali citizen is entitled to be considered for positions in the national armed forces at all
levels, without discrimination, and the rights of women shall be protected in this respect.
Article 128. Abuse of Powers
Human rights abuses alleged to have been committed by members of the armed forces against civilians
shall be brought before a civilian court.
Article 129. The Office of the Ombudsman
(1)
This Constitution establishes the Office of the Ombudsman which is an entity where the public
can lodge their complaints against abuses committed by the members of the security forces and the
government administration.
(2)
The office of the Ombudsman can initiate an investigation if it suspects the existence of violation
committed by the security forces against an individual or on a section of the community. If the
investigations reveal convincing results it can take up the matter before a relevant court of law.
(3)
A special law shall determine the powers and duties of the Ombudsman
Article 130. Security Agencies Laws
The two Houses of the Parliament shall enact a law governing the structure, functions and levels of the
security agencies of the Federal Republic of Somalia.
Article 131.
State of Emergency
(1)
A State of Emergency may be declared only if it is necessary to deal with a serious situation arising
from war, invasion, insurrection, disorder, a natural disaster or some other grave public emergency.
(2)
A State of Emergency may be declared affecting the whole or part of the country, but shall not be
more extensive than necessary to deal with the situation.
(3)
The President acting on the request of the Council of Ministers may declare a necessary State of
Emergency, which shall then be debated, and may be approved, by both Houses of the Federal
Parliament within 21 days after that declaration. The debates in the Federal Parliament shall take
place in public unless it is no feasible to do so in the circumstances.
(4)
The Federal Parliament may approve or extend a state of emergency for no more than three
months at a time. If the Federal Parliament does not approve or extend a State of Emergency, the
State of Emergency ceases to be in effect.
(5)
The declaration of a State of Emergency may give the executive special powers that are necessary
to deal with the situation only.
(6)
The powers granted under a State of Emergency shall not include powers to violate the rights under
this Constitution, unless that violation is absolutely necessary for the purposes of dealing with the
emergency situation.
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