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Somalia Constitution
The provisional government called for a new constitution to
replace the 1979 document that had been the law of the land at
the time of Siad Barre's overthrow. The provisional government
created a Ministry of Constitutional Affairs, which was charged
with planning for a constitutional convention and revising an
October 1990 draft constitution that Siad Barre had proposed in
an unsuccessful effort to stem opposition to his rule. As of May
1992, however, the lack of consensus among the USC-dominated
government and the various guerrilla groups that controlled more
than half of the nation had prevented completion of a final
version of the new constitution. Consequently, those provisions
of the constitution of 1979 that had not been specifically voided
by the interim government remained in force.
Like its 1984 amendments, the constitution of 1979 had been
approved in a popular referendum. Somalia had universal suffrage
for persons over eighteen years of age, but women did not play a
significant role in politics
(see From Independence to Revolution
, ch. 1). The constitution of 1979 resembled the
constitution of 1961, also approved in a nationwide referendum
after the former Italian and British colonies had been unified as
independent Somalia. The main difference between the two
documents concerned executive power. The constitution of 1961 had
provided for a parliamentary democracy, with the prime minister
and Council of Ministers (cabinet) being drawn from the
membership of the legislature. The legislature also elected the
head of state, or president of the republic. The constitution of
1979 provided for a presidential system under which the president
served as both head of state and head of government. As head of
government, the president selected the members of the Council of
Ministers, which he chaired. The constitution of 1979 initially
called for the president to be elected to a six-year, renewable
term of office by a two-thirds majority vote of the legislature.
Constitutional amendments enacted in 1984 provided for direct
popular election of the president to a seven-year term. The first
presidential election was held in 1986. Siad Barre, the sole
candidate, received 99.9 percent of the votes.
Both the 1961 and 1979 constitutions granted broad powers to
the president. The constitution of 1979 authorized the president
to conduct foreign affairs, declare war, invoke emergency powers,
serve as commander in chief of the armed forces, and appoint one
or more vice presidents, the president of the Supreme Court, up
to six members of the national legislature, and the members of
the Council of Ministers. Both constitutions also provided for a
unicameral legislature subject to stand for election at least
once every five years; the president could dissolve the
legislature earlier.
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