Constitution of the Puntland State of Somalia.

This text contains the basic law of the people of Puntland. The Puntland State of Somalia was created in 1998 through a consultative agreement among the different regions that constitute its territory. In the constitutional conference of 1998 it was decided that Puntland would become a State that would be part of a federal Somalia. A charter was approved in that same 1998 conference and later replaced with a provisional constitution that was approved by members of the House of Representatives in 2001. The constitutional review process began in 2007 and continued until 2009. This new Constitution is based on the Islamic shari'a and on these guiding principles: (a) rule by the people; (b) good governance; (c) consultation; (d) promoting positive Somali culture and traditions; (e) advancing public interests over individual interests; and (f) multi-party competition and decentralization of power throughout Puntland (art. 3).
The Constitution is composed of the following Titles: I) Founding principles of Puntland; II) Fundamental rights and individual protections; III) Economy; IV) The structure of the State; V) Puntland system of administration; VI) Supremacy of and amendment to the Constitution and provisional enforcement.
Title II recognizes the fundamental rights of individuals, including property rights: every person shall have the right to own, administer and benefit from property in accordance with the law. The conditions and procedures that may limit the right of property ownership shall be established by the law (art. 17). Moreover, article 53 provides that the legally-acquired property of a person may not be expropriated except for public interest in exchange for equitable compensation. Section II of Chapter I (under Title II) establishes the circumstances under which certain individual rights may be suspended, namely in case of State of emergency in the event of a war, foreign invasion, rebellion, natural disaster, epidemic or serious threat to public order or stability (art. 29). It is established that a state of emergency may be declared only for a period of not more than 30 days; if the conditions that prompted the emergency continue to affect the population, the state of emergency may be renewed for further periods of not more than 30 days and only by the House of Representatives.
Chapter II of Title II aims at protecting social rights, giving special attention to the rights of children (see article 31 on the prohibition of child labour), right to health (art. 33) and social security (art. 38). Article 35 regards the rights of women and stipulates that it is the duty of the State to protect and promote the rights of women, consistent with Islamic religious norms; women have the same rights as men, except the distinctions made by God between the two sexes.
Title III establishes the principles and main rules governing the economic system, which shall be oriented to give all Puntlanders a way of life in accordance with their dignity as human beings, satisfying the basic needs of all the persons in the society, in accordance with the principles of social justice. These provisions set forth the principle of free enterprise (both local and foreign), define the role of the State in the economy and further refer to publicly-owned companies. Puntland State shall promote sustainable economic development and cooperate with the private sector to increase production and entrepreneurism. Support to small-scale producers and cooperatives shall have special priority (art. 50).
It is worth mentioning the following provisions included under Title III on the economic system: article 54 on natural resources and article 55 on protection of the environment. Puntland natural resources belong to the people of Puntland, and the State may make agreements with national or foreign companies to give them the right to benefit from natural resources. Permission to benefit from the natural resources of Puntland shall be granted by the Council of Ministers and approved by the House of Representatives. On the other hand, it is the responsibility of the State and of all Puntland citizens to restore and protect the environment; this duty shall be clearly stated in all contracts and all contracts shall be consistent with the environmental protection laws. Further article 55 sets forth general principles for the protection of forests, wildlife, the land, air and sea. The desertification of forests, extermination of wildlife and destruction of marine life habitat shall be prohibited as well as the pollution of the land, air and sea. The export of charcoal, female animals and wildlife, as well as anything the export of which shall have the effect of degrading the environment, shall be prohibited. Enclosures on pastoral grazing lands shall be prohibited. The State shall protect the seas and define seasons for fishing.