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2004 | Transitional Federal Charter of the Somali Republic

This charter was ‘adopted, enacted and given to the Somali people’, by delegates representing the people, in 2004. It established a transitional federal government. Although it was clearly only a transitional instrument, pending completion of drafting and approval (see Article 11), it has many of the characteristics of a constitution and was a legally binding instrument (see Art.71(1)). However, the US State government report on Somalia for 2005 observed that the Transitional Federal Assembly ‘adopted but did not implement the Transitional Federal Charter, which replaced the 1990 Constitution’ and emphasized that ‘for the many issues about which the Charter is silent, the Constitution still applies’ (see Art 71(2)). There was in any case no national judicial system functioning in 2005. Subsequent US State govt. reports confirm the absence of a state-wide functioning civil judicial system.

You can read the new Provisional Constitution of Somalia (approved Aug. 2012) elsewhere on this page.