The 1960 Constitution of the Somali Republic

In short

The 1960 Constitution set up the state that north and south formed together on 1 July 1960. It was written in Mogadishu, approved by the Constituent Assembly on 21 June 1960, and published in the Official Bulletin No. 1 of 1 July 1960 (Constitution of the Somali Republic, official English text, Parliament of Somalia).

It lasted until 21 October 1969, when the army took power and suspended it (Library of Congress). Every Somali constitution since has drawn on it.

What did it say about the republic?

Article 1 opens: "Somalia is an independent and fully sovereign State. It is a representative, democratic and unitary Republic. The Somali people is one and indivisible" (1960 Constitution, art. 1).

It also says that sovereignty belongs to the people, and that "no part of the people nor any individual may claim sovereignty". Islam is the religion of the State (art. 1).

The preamble begins "In the name of God the Merciful and Beneficent", and calls on "the sacred right of self-determination of peoples" in the UN Charter.

Did it give equal rights?

Yes. Article 3 reads: "All citizens, without distinction of race, national origin, birth, language, religion, sex, economic or social status, or opinion, shall have equal rights and duties before the law" (1960 Constitution, art. 3).

Article 7 bound Somali law to the principles of the Universal Declaration of Human Rights of 1948. Article 2 said no one could lose citizenship "for political reasons" (same source).

The flag and the emblem

The constitution fixed the national symbols in Article 1 (1960 Constitution, art. 1):

• The flag: "azure in colour, rectangular, and shall have a white star with five equal points emblazoned in its centre."
• The emblem: an azure shield with a gold border and a silver five-pointed star, held by two leopards, resting on two crossed spears, with two palm leaves.

See the flag for how it was designed in 1954.

The union of Somali territories

Article 6 says: "The Somali Republic shall promote, by legal and peaceful means, the union of Somali territories". In the same article the Republic "repudiates war as a means of settling international disputes" (1960 Constitution, art. 6).

The words "legal and peaceful means" were a choice. The Library of Congress records that one wing of the Somali Youth League wanted unification "by all means necessary", and the majority changed it to peaceful means (Library of Congress).

Article 4 made the national territory "sacred and inviolable". Any change to it needed a four-fifths majority of the National Assembly (same source as above).

How was power shared?

• The National Assembly made the laws. Its deputies were elected "by universal, free, direct and secret ballot" for five-year terms. A deputy had to be at least 25 (arts. 49, 51, 52).
• Islam in law. Article 50 made "the doctrine of Islam" the main source of the laws of the State.
• The President was elected by the National Assembly, by secret ballot, for six years, and could serve at most two terms in a row. A candidate had to be a Muslim citizen of at least 45 (arts. 70, 71, 72).
• The President's oath: "In the name of God I swear that I will discharge faithfully all my duties as President of the Republic and defend the Constitution with all my strength in the interest of the Country and the Nation" (art. 70).
• The courts could strike down laws that broke the constitution, on the request of the person affected (art. 5).

All from the 1960 Constitution.

Who signed it?

The constitution was signed in Mogadishu on 1 July 1960 by four men (1960 Constitution, final page):

• Aadan Cabdulle Cismaan, President of the Legislative Assembly, acting as Provisional President.
• Maxamed Sheekh Gabiyow, Minister for the Constitution.
• Cabdullaahi Ciise Maxamuud, Prime Minister.
• Sheekh Maxamuud Maxamed Faarax, Minister of Grace and Justice.

The 1961 referendum

The constitution came into force "provisionally" on 1 July 1960. It said it must go to a popular vote within a year, and that until then its text must be posted in every town hall so that "every citizen may become acquainted with it" (1960 Constitution, transitional provisions III and V).

The vote was held on 20 June 1961. The Library of Congress calls it "in effect Somalia's first national election" (Library of Congress). The reported result was about 1.76 million votes in favour and 183,000 against, about 90.6% yes (1961 Somali constitutional referendum, citing Nohlen, Elections in Africa, 1999).

The Library of Congress says the voting pattern showed "northern misgivings" about the union (Library of Congress).

Sources differ

• The referendum figures. The national totals come from election reference books. The separate figures for north and south are not well documented in sources we can link to.
• Which text is official. The Parliament's English copy is "the official version… as amended up to 31 December 1963", so a few articles differ from the text of 1960 (Parliament of Somalia).

What it moved forward

The 1960 Constitution put into law what Somalis had worked for since 1895: one independent state, ruled by its own people, with equal rights for every citizen. It chose peaceful means for the union of Somali lands. Many of its words live on in the constitutions that came after it.

Read the primary source yourself

• The Constitution of the Somali Republic, official English text as amended to 31 December 1963, hosted by the Parliament of Somalia: PDF. Another copy: Citizenship Rights in Africa Initiative.