PROVISIONAL CONSTITUTION
two-thirds (2/3) of the existing Members, and in a final vote in the Upper House of the Federal
Parliament by at least two-thirds (2/3) of the existing members.
(2)
In a referendum held concerning the Provisional Constitution as amended, held before the end of
the first term of the House of the People, the electorate of the Federal Republic of Somalia may
adopt the new Constitution by a majority vote in favor of the final version of this Constitution.
Article 137. Review of the Constitution of the Federal Republic of Somalia After Ratification
by Referendum
(1)
At the expiry of the first term of the Federal Parliament of Somalia, the Federal Parliament
shall establish a Commission to review the implementation and operation of the Constitution
of the Federal Republic of Somalia, as ratified in terms of Article 136 on adoption of the final
Constitution, and to consult the Federal Member States and members of the public on possible
changes.
(2)
Within six months after its appointment, the Commission shall submit a report to the Federal
Parliament, the Federal Member States and the public.
(3)
After collection and consideration of the views of the Federal Member States, the public, and
monitoring and evaluating the implementation and application of the final Constitution and not
less than six (6) months before the expiry of the second term of the Somali Federal Parliament,
the Commission, in consultation with the Chief Justice of the Constitutional Court to ensure that
the letter and spirit of the Constitution is respected, shall revise its report and submit to the Federal
Parliament its proposals, if any, for amending the Constitution in terms of Article 132.
(4)
If the Federal Parliament approves one or more proposed amendments in terms of Article 132,
the Federal Parliament shall follow the procedures set forth in Article 132 on the proposed revised
Constitution of the Federal Republic of Somalia as amended.
(5)
If a majority of those voting in the referendum mentioned in Clause 4 vote to approve the final
Constitution as amended, that Constitution becomes the Constitution of the Federal Republic of
Somalia.
Title Two: Miscellaneous Provisions
Article 138. Coming Into Effect of this Constitution
(1)
This Constitution comes into effect on the first day after approval by a National Constituent
Assembly convened in terms of the Roadmap Agreement, the Garowe 1 and Garowe II Principles,
the Galkayo and the Addis Ababa Agreements, the Presidential Decree and the relevant Protocols.
(2)
The effect of provisions and Articles related to the Upper House of the Federal Parliament
wherever cited in this Constitution, shall be postponed until such time when all Federal Member
States are formed and their representatives sworn into office as members of the Upper House of
the Federal Parliament. Pending the establishment of the Upper House of the Federal Parliament,
the House of the People shall perform all duties and functions provided for the Upper House in
this Constitution and function as a unicameral federal legislature, faithfully taking into account
the founding principle of power sharing in a federal system as stipulated in Article 3 (3) of this
Constitution and the interests of Somalia·s regions when taking its decisions.
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