LAW OF UNION BETWEEN SOMALILAND AND

SOMALIA: Law No: 1 of 1960 -

Passed by the Independent State of Somaliland Legislature on 27 JUNE
1960

Whereas the State of Somaliland achieved independence and

ceased to be under British protection or within the jurisdiction and
sovereignty of Her Britannic Majesty on the 26th day of June,
1960, being Muharram 1st 1379, and Whereas the State of
Somalia achieved its independence and ceased to have the status of
a Trust Territory of the United Nations Organisation administered
by the Republic of Italy on the 1st day of July, 1960, being
Muharram 6th 1379, and Whereas it is the will of the peoples of
Somaliland and Somalia that their States shall unite and shall
forever be united in the Somali Republic.

Now we the signatories hereof being the duly authorized

representatives of the peoples of Somaliland and Somalia and
having vested in us the power to make and enter into this Law of
Union on behalf of our respective States and peoples do hereby
solemnly and in the name of God the Compassionate and Merciful
agree as follows:

1. (a) The State of Somaliland and the State of Somalia do

hereby unite and shall forever remain united in a new,
independent, democratic, unitary republic the name whereof
 shall be the Somali Republic.
(b) The Capital of the Somali Republic shall be Mogadishu.

2. Subject to the express provisions of this Act of Union the

Union hereby constituted shall be upon the following
conditions:
(1) That the component administrative units of the
government of the Somali Republic until more suitable
administrative arrangements are made, shall be firstly the
region comprising the territories contained in the boundaries
of the presently existing State of Somaliland [hereinafter
referred to as the Northern Region] and secondly those
presently existing territories which comprise the six Regions
of Mijertein, Mudugh, Hiran, Benadir, Upper Juba and
Lower Juba all in Somalia (hereinafter collectively referred to
as the second-named Regions).
(2) That the existing laws presently in force in the
Northern Region and in the second-named Regions
respectively shall remain in full force and effect within the
respective territories where the same presently apply and
shall not have force or effect beyond those respective
territories where the same presently apply.
(3) That all persons now serving the Somaliland
Government in the Northern Region and the Government of
Somalia in the second-named Regions respectively shall
continue to serve the Government of the Somali Republic upon
terms not less favourable than those at present applicable to
them.
(4) That the Courts as presently constituted in the
aforesaid Northern Region and the aforesaid second-named
Regions shall continue to exercise within their respective
territories the jurisdiction which is conferred upon them by
presently existing law and shall be Courts of the Somali
nation;
(5) That all rights and obligations vested or accruing,
whether public or private (including any status of legal
personality acquired under law by corporate or non-corporate
bodies) shall continue to subsist in accordance with sub-clause
(2) hereof, be recognised and enforced by the Courts of the
Somali Republic referred to in sub-clause (4) hereof and by
the Government in the Somali Republic.
(6) That in the Somali Republic the national languages of
the Republic shall be as to the spoken tongue Somali, and as
to the written language Arabic, English and Italian, which
shall have equal status.
3. (1) All persons who upon the date of this Union possess the
citizenship of Somaliland and Somalia respectively shall by
this Union now become citizens of the Somali Republic.
(2) All persons who hereafter would, but for this Union,
have become citizens of Somaliland or Somalia respectively
under the law of either of the two uniting States as presently
subsisting, shall hereafter become citizens of the Somali
Republic.

4. The Head of State of the Somali Republic shall be the

President of the Republic chosen in accordance with the
provisions of the Constitution referred to in Article 7 hereof.

5. The Executive Authority of the Somali Republic shall be

vested in the Council of Ministers appointed in accordance
with the provisions of the Constitution referred to in Article 7
hereof and shall be exercised as therein provided.

6. The legislative power of the Somali Republic shall be vested

in the National Assembly constituted in accordance with the
provisions of the Constitution referred to in Article 7 hereof
and shall be exercised as therein provided.

7. The Constitution of the Somali Republic shall be the

Constitution of the State of Somalia with such adaptations as
may be necessary to bring it into conformity with this Act of
Union but notwithstanding the provisions thereof relating to
amendment, no amendment of that Constitution shall
derogate from the conditions of Union set forth in clause 2
hereof unless made in accordance with the procedure and
provisions set forth in clause 10 hereof.

8. (1) Upon this Act being made the presently subsisting

Legislative Assemblies of Somaliland and Somalia respectively
shall cease as such to subsist: but the existing elected
members of the said Legislative Assemblies shall constitute
the first National Assembly of the Somali
Republic. Immediately upon the National Assembly of the
Somali Republic being constituted under these provisions, the
members thereof shall each before the person presiding over
the National Assembly make an oath of allegiance to the
Somali Republic.
 (2) The existing President or Vice-President of the
Legislative
Assembly of Somalia shall preside over the National Assembly
of the Somali Republic for the purpose of taking the oaths of
allegiance in accordance with sub-clause (1) hereof and for
the purpose of electing the first President of the
National Assembly only.

(3) The members of the Council of Ministers after being

appointed in accordance with the Constitution shall each
make an oath of allegiance to the Somali Republic before the
President of the National Assembly.

9. (1) Notwithstanding anything in clause 2 hereof, the

citizens of the Somali Republic shall have the right freely to
move for lawful purposes throughout the territory of the
Republic subject to the provisions of any law relating to public
order or human or animal health.

(2) Notwithstanding anything in clause 2 hereof there shall

be no customs, excise or other tax imposed upon the
movement of goods (including animals) between any parts of
the territory of the Somali Republic, providing such goods
originate from the Region from which they are proceeding.

(3) Until unification of customs tariffs is achieved, goods

imported from foreign countries, land moving from the
Northern Region to the second-named Regions and vice versa
shall be subject to the customs laws at present in force: in the
Northern Region and the second-named Regions.

10. (1) There shall he established a Special Commission the

members of which shall be persons who were immediately
prior to this Act of Union either members of the Legislative
Assembly of Somalia or members of the Legislative Assembly
of Somaliland together with a Chairmen being a member of
the National Assembly a pointed by the members of the
Commission.
(2) The members of the Special Commission (other than
the Chairman) shall be appointed by the President of the
Somali Republic acting on the advice of the Council of
Ministers and shall consist of an equal number of former
members of the Legislative Assembly of Somalia and former
members of the legislative Assembly of Somaliland.
 (3) The Special Commission shall examine into and make
recommendations (which in the event of the Commission not
being unanimous shall be the recommendations of a majority
of its members to which a minority report shall be attached)
as to the provisions to be made from time to time by law for
the purpose of establishing uniformity between the laws,
institutions, public services and social services presently
existing in the regions referred to in clause 2 (1) hereof.
(4) The Special Commission shall for the aforesaid
purposes be empowered to establish sub-commissions or
committees, the members whereof may include other persons,
and to engage or call for assistance from any person by way of
advice or otherwise.

(5) A Special Commission shall from time to time report to

the Council of Ministers as to its recommendations under sub-
clause (3) of this Clause and the Council of Ministers shall
thereupon with all reasonable dispatch lay such report before
the National Assembly together with the proposed legislation
to be made to give effect thereto.
(6) The National Assembly shall thereupon decide by a
majority of the members thereof present and voting upon such
proposed legislation whether the same shall be enacted.
(7) Upon the National Assembly so deciding then the
President shall assent to such legislation and upon the same
coming into operation any condition set forth in clause 2
hereof shall so far as it is inconsistent with such legislation be
abrogated.

(8) The Special Commission may with the approval of the

Council of Ministers make rules regulating its procedure and
providing for the duration of the appointments of its
members, the remuneration of any persons whose
participation or assistance is called for under sub-clause (3)
hereof, the filling of vacancies in membership and all other
matters as may be required for the performance of the
functions conferred upon the Special Commission by this
clause: Provided that if the Special Commission fails to make
rules under this sub-clause in accordance with a request made
to it by the Council of Ministers, the Council of Ministers may
make the said rules.

(9) Any rules made under sub-clause (8) may be added to,
amended or revoked in the same manner.

11. (1) Any property (including any rights arising from

contracts or otherwise) that is immediately before this Act of
Union vested in the Government of Somaliland or in the State
 of Somalia shall upon this Act being made vest in the Somali
Republic or In any such person or authority on behalf of
the Somali Republic as the Council of Ministers may direct.
(2) Any liabilities or obligation (whether arising from
contract or otherwise) incurred by the Government of
Somaliland or by the State of Somalia and subsisting
immediately before this Act of Union shall upon this Act of
Union being made be a liability or obligation of the Somali
Republic or of such person or authority on behalf of the
Somali Republic as the Council of Ministers may direct.

(3) For the purposes of the preceding sub-clause, any

property which immediately before the making of this Act of
Union was vested in, or any liability or obligation which at
that time had been incurred by, any person or authority on
behalf of the Government of Somaliland the State of Somalia
shall be deemed to be property vested in or a liability or
obligation incurred by the respective Government or State.

(4) Without derogation from the foregoing provisions of

this Clause the rights and obligations arising from agreements
entered into - between the Government of Somaliland and the
Government of the United Kingdom of Great Britain and
Northern Ireland and between the Government of Somalia
and the Government of Italy and other States and
International Organisations which are set out in the Schedule
(2) to this Act shall be binding upon the Somali Republic.

12. (1) For the time being the provision subsisting immediately
before the making of this Act of Union for the expenditure of
public monies of the Somali Republic hereby constituted
within and upon the Northern Region and the second-named
Regions shall as far as practicable continue to the intent that
those monies which have been authorised to be expended
within and upon the respective Northern Region and second-
named Regions shall continue to be expended upon the public
service and upon the development and welfare and in the
service of the said Northern Region and the second- named
Regions and the inhabitants thereof respectively.
(2) For the time being the presently subsisting provision
for the expenditure of public monies (including such monies as
may be provided by way of assistance from foreign States)
upon the development and welfare of the aforesaid Northern
Region and second-named Regions and the inhabitants thereof
respectively shall as far as practicable continue to the intent
that those schemes of development and welfare which are
now current shall be completed and that those schemes of
development and welfare which have been planned shall be
proceeded with within the respective Northern Region and
second-named Regions hereinbefore referred to and for the
benefit of their respective inhabitants.

(3) The Supreme Court of the Somali Republic shall have

appellate jurisdiction in relation to decisions of the Courts
now constituted and which will continue to subsist in the
aforesaid Northern Region.