—Somali Constitution Adopted July 1, 1960 Mogadishu, Somalia

—Somali Constitution
Adopted July 1, 1960
Mogadishu, Somalia

—Article 21

—Freedom of Domicile

—1. Every person shall the right to the inviolability of his domicile.

—2. No inspection, search or seizure shall be carried out in the domicile or in any other place reserved for personal use except in the cases and under the provisions laid down in paragraphs 3, 4 and 5 of Article 17 and in other cases as prescribed by law for judicial purposes, and in the manner prescribed therefore.

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—Cont

—Article 22

—Freedom of Correspondence

—1. Every person shall have the right to freedom and secrecy of written correspondence and of any other means of communication.

—2. Limitations thereon may be imposed only in the cases and under the provisions laid down in paragraphs 3, 4 and 5 of Article 17 and in  other cases as prescribed by law for judicial purposes, and in the manner prescribed therefore.

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—Cont

—Article 23

—Social Equality

—All persons are equal in social dignity

—Article 24

—Property

—1. The right to own property shall be guaranteed by law, which shall define the modes of acquisition and the limits of the enjoyment thereof £or the purpose of ensuring its social function.

—2. Property may be expropriated only for reasons of public interest and in the manner prescribed by law, in exchange for equitable and timely compensation.

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—Cont

—Article 25

—Freedom of Assembly

—1. Every person shall have the right to assemble in a peaceful manner for a peaceful purpose.

—2. The law may provide that previous notice of public meetings be given to the authorities. Meetings may be forbidden only for reasons of public health, safety, morality, order or security.

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—Cont

—Article 26

—Freedom of Association

—1. Every person shall have the right freely to form associations without authorization.

—2. No person may be compelled to join an association of any kind or to continue to belong to it.

—3. Secret associations or those having an organization of military character shall be prohibited.

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—Article 28

—Freedom of Opinion

—1. Every person shall have the right freely to express his own opinionin any manner, subject to any limitations which may be prescribed by lawfor the purpose of safeguarding morals and public security.

—2. Expressions of opinion may not be subject, to prior authorizationor censorship.

—Article 29

—Freedom of Religion

—Every person shall have the right to freedom of conscience andfreely to profess his own religion and to worship it subject to anylimitations which may be prescribed by law for the purpose ofsafeguarding morals, public health or order. However, it shall not bepermissible to spread or propagandize any religion other than the religionof Islam(*). [Note (*): As amended by law No. 16 of 29 June 1963]

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—Article 17

—Personal Liberty

—1. Every person shall have the right to personal liberty.

—2. Subjection to any form of slavery or servitude shall be punishable as a crime.

—3. No person shall be liable to any form of detention or other restriction of personal liberty except when apprehended in flagrante delicto or pursuant to an act of the competent judicial authority, stating the grounds thereof, in the cases and in the manner prescribed by law.

— 4. In cases of urgent necessity, expressly defined by law, the competent administrative authority may adopt provisional measures which shall be communicated without delay to the competent judicial authority and confirmed by it within the time and in the manner prescribed by law failing which such measures shall be deemed to have been revoked and shall be void.

—Cont

—5. In each case of detention or other restriction of personal liberty, the reasons for the measure shall be communicated to the person concerned without delay.

—6. No person shall be subjected to security measures except in the cases and in the manner prescribed by law and pursuant to an act of the competent authority, stating the grounds thereof.

—7. No person shall be subjected to inspection or personal search except in the cases and under the provisions laid down in paragraphs 3, 4and 5, and in other cases as prescribed by law for, judicial, sanitary or fiscal reasons, and in the manner prescribed therefore. In every case, the self-respect and moral dignity of the person concerned must be preserved.

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—Somali Federal Constitution
Adopted August 1, 2012
Mogadishu, Somalia

—Article 16.   Freedom of Association

— Every person has the right to associate with other individuals and groups. This includes the right to form and belong to organizations, including trade unions and political parties. It also includes the right not to associate with others, and a person cannot be forced to associate with any other individual or group.

— Article 17. Freedom of Religion and Belief

— Every person is free to practice his or her religion.

—No religion other than Islam can be propagated in the Federal Republic of Somalia.

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—Article 18. Freedom of Expression and Opinions

— Every person has the right to have and express their opinions and to receive and impart their opinion, information and ideas in any way.

— Freedom of expression includes freedom of speech, and freedom of the media, including all forms of electronic and web-based media.

— Every person has the right to freely express their artistic creativity, knowledge, and information gathered through research.

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—Article 20.   Freedom of Assembly, Demonstration, Protest, and Petition

— Every person has the right to organize and participate in meetings, and to demonstrate and protest peacefully, without requiring prior authorization.

— Every person has the right to present petitions to State Institutions.

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—Article 21. Freedom of Movement and Residence

— Every person lawfully residing within the territory of the Federal Republic of Somalia has the right to freedom of  movement, freedom to choose their residence, and freedom to leave the country.

— Every citizen has the right to enter and to remain in the country, and has the right to a passport.

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—Article 22.   Right of Political Participation

— Every citizen has the right to take part in public affairs. This right includes:

—The right to form political parties and to participate in the activities of political parties; and

—The right to be elected for any position within a political party.

—Every citizen who fulfills the criteria stated in the law has the right to elect and to be elected.

— The rights stated in Paragraph (1) and (2) shall be exercised in accordance with this Constitution and a law enacted by the Federal Parliament

—Cont

—Article 23. Freedom of Trade, Occupation, and Profession

— Every citizen has the right to choose their trade, occupation or profession freely.

—Article 24.Labour Relations

— Every person has the right to fair labour relations.

— Every worker has the right to form and join a trade union and to participate in the activities of a trade union.

— Every worker has the right to strike.

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—Cont.

—Every trade union or employers’ organization or employer has the right to engage in collective bargaining regarding labour-related issues.

— All workers, particularly women, have a special right of protection from sexual abuse, segregation and discrimination in the work place. Every labour law and practice shall comply with gender equality in the work place.

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