PROVISIONAL CONSTITUTION
(4)
In the case of criminal legislation, if the effect of declaring the law invalid from the enactment date
would be of benefit to a person who has been convicted through this unconstitutional legislation,
the invalidity must be from the time of enactment.
CHAPTER 10: THE INDEPENDENT COMMISSIONS
Article 110. General Principles
(1)
An Independent Commission is a body that is independent of government or political control, and
able to make use of expertise relevant to the particular areas of its work.
(2)
In its mandate and operations, an Independent Commission shall embody and reflect the spirit of
human rights, democracy and transparency.
(3)
An Independent Commission must not be subject to the direction or control of any person or
institution.
(4)
The funding for each Independent Commission shall be allocated by a separate vote in the national
budget.
Article 111. The Formation of Independent Commissions
(1)
The country shall have Independent Commissions both at the Federal Government level as well as
at the level of the Federal Member States, and their obligations, duties and numbers shall be defined
in a law passed by both Houses of the Federal Parliament.
(2)
While putting into consideration the specific tasking that those commissions are entrusted with, the
Federal Member States of Somalia must be consulted when appointing the commissioners.
Article 111A. The Judicial Service Commission
(1)
There shall be a Judicial Service Commission, which shall advise the Federal Government on the
administration of justice including recruitment, dismissal, and any legal action taken against judges.
(2)
The Judicial Service Commission has to be independent, neutral, non-partisan and shall ensure the
independence of the judiciary.
(3)
The Judicial Service Commission shall have powers, and responsibilities as stipulated in the
Constitution and the national laws.
Article 111B. The Human Rights Commission
(1)
There shall be a Human Rights Commission that shall be mandated to:
(a)
Promote respect of human rights, and the culture of human rights;;
(b)
Promote the protection, development, and attainment of human rights;; and
(c)
Monitor and assess the observance of the conduct of human rights in the Federal Republic
of Somalia.
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