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National Constitutional provisions – Somalia

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

 

The Constitution of Somalia 25 August 1979, amended 1984

Chapter 2 - Fundamental rights, freedoms and duties of the citizen and the individual

Art.23 - Right to education

Every citizen shall have the right to free education.

Chapter 3 - Socio-Economic foundation

Section 2 - Promotion of education and science

Art.46

1. The State shall give special priority to the promotion, expansion and dissemination of education and science, and shall consider education as the ideal investment which shall play the leading part in the Somali political and socio-economic development.

2. Education in the Somali Democratic Republic shall favor the working class, and shall conform to the special conditions and environment of the Somali society.

Art.47

Education in the Somali Democratic Republic shall be free. It shall be compulsory up to the intermediate school level.

Art.48

Eradication of illiteracy and adult education shall be a national duty towards which the people and State shall pool their resources in its fulfillment.

Art.49

1. The State shall promote science and arts, and shall encourage scientific and artistic creativity. (…)

Art.50

In order to ensure healthy physical and mental growth of the youth, and to raise their level of education and political consciousness the State shall give special importance to the promotion and encouragement of gymnastics and sports

EQUALITY

Article 6

All citizens regardless of sex, religion, origin and language shall be entitled to equal rights and duties before the law.

CITIZENSHIP

GENDER

Article 56

1. The state recognising the family as the basis of society shall protect the family and shall assist the mother and child.

CHILDREN

Article 53

The state shall promote child care homes and revolutionary youth centres.

Article 56

3. The state shall guarantee the care of children whose parents die while defending the country

DISABILITIES

Article 56

2. The state shall be responsible for the care of the handicapped, children of unknown parents and the aged, provided they shall not have anybody to care for them.
LANGUAGE

Article 3

2. Somali is the language which all Somalis speak and through which they recognise each other; Arabic is the language which links the Somali people with the Arab nation, of whom they are an integral part, and the two languages shall constitute the official languages of the Somali Democratic Republic.

RELIGION

Article 3

1. Islam shall be the state religion.

HUMAN RIGHTS MECHANISMS

Article 19

The Somali Democratic Republic shall recognise the Universal Declaration of Human Rights and generally accepted rules of international law.