PROVISIONAL CHARTER FOR THE SOMALI FEDERATED HINTERLAND STATE

In The Name of Allah the Merciful & Almighty Creator of the Universe. We the Legal Representatives of the Somali population of Hinterland Territory through their Traditional Elders convened in at its first Ordinary Session Meeting have unanimously agreed with full consensus the Establishment of The Hinterland Federal State of Somalia, and immediately approved its Provisional Federal Charter as follows: -

THE PROVISIONAL FEDERATED STATE GOVERNMENT OF HINTERLAND

HAVING SEEN AND CONSIDERED: - The Somali Provisional Federal Charter; the Law of the Country, the culture and tradition of the Somali population, the good ethics and the will of all Somalis;

HAVING SEEN AND CONSIDERED: - The commitment of the Somali Transitional Federal Government to pave the road for a United Federal Somali Republic, the continuation of the reconciliation among all Somali population and its commitment to assist the Somali Regions to establish their Authorities according to The Charter.

HAVING CONSIDERED AND ACCEPTED: - The mandate from The Traditional Leaders of HINTERLAND population that bear the Sovereignty of its population; the Hinterland State Civil Society; and the need to establish back Law and order within the boundaries of FEDERATED HINTERLAND STATE.

HAVING CONSIDERED: - The urgent needs to re-establish solid and acceptable cooperation between FEDERATED HINTERLAD STATE, the Somali Transitional Federal Government, and the International Community in all aspects (Political, economical, and above all Security).

HAVING CONSIDERED: - The destructions and pain inflicted to the FEDERATED HINTERLAND population as a consequence of The Barbaric and Vandalism Somali Civil War that have left these Regions under the mercy of Lawlessness that have violated all internationally recognized Human Rights.

HEREBY DECLARES & ESTABLISHES

Art. 1.

(Name of the State)

It’s officially established THE FEDERATED HINTERLAND STATE, in full respect and observance of The Somali Provisional Federal Charter.

Art. 2

(Population)

All Somalis that inhabit within the Regional Boundaries of FEDERATED HINTERLAND State constitute its population.

Art. 3

(Regions)

The union of the following Somali Regions forms FEDERATED HINTERLAND State: Lower Shabelle; Lower Jubba, and Middle Jubba.

a) It's an open option to all other Somali Regions to join the Federation whenever their Legal Authorities mandated by their population to Sign such Agreement with the Authority of The Federated Hinterland State of Somalia.

Art. 4

(Territorial Boundaries)

FEDERATED HINTERLAND STATE shall have the Right to exercise its Sovereignty within the official borders of the forming regions.

Art. 5

(State Flag)

FEDERATED HINTERLAND State Flag shall have rectangular Size shape with three colors (Green at the Bottom, Black at the middle, and Red at the top all in equal Size, and A White Five horned Star surrounded at equal distance by the smaller white Stars at The Bottom and the east and west sides.)

2) EXPLANATION OF THE FLAG:

a) Green color indicates the fertile nature of the territory.

b) The Black color indicates that FEDERATED HINTERLAND is African State within the Somali Federal Republic.

c) The Red color indicates the Cool Bloodshed inflicted

To the FEDERATED HINTERLAND population by the Somali Civil War and its commitment to end it by any means Possible.

Art. 6

(State Capital)

The City of BRAVA shall be the Provisional Capital of FEDERATED HINTERLAND State, because of its geographical nature and its equidistance between the forming Region States.

Art 7.

(Provisional State Organs)

FEDERATED HINTERLAND CHARTER shall grant an all inclusive State Organs based upon equal opportunity in the participation of political, economical, social, and all Civil Society activities, considering Transparency, technocracy, accountability and tight cooperation with The International Community, Goodwill Donors, Investors, and NGOs.

2) FEDERATED HINTERLAND shall have three State Organs: -

a) The President of the State.

b) The State Legislation Organ, which shall comprise of The Parliament; The Senate, and The House of Traditional Elders.

c) The Judiciary Organ that shall be formed by The State Judiciary System, The Regional, and the districts to be regulated and governed all by elected Judges, prosecutors, and auxiliary organs.

Art. 8

(The President)

The President shall represent The FEDERATED HINTERLAND STATE, bearing the Symbol of the State he/she shall represent the State Interest at The Somalia Central Provisional Federal Government, shall coordinate the Provisional State Governing Council, exercise all related legally conferred responsibilities.

Art 9

(The State Provisional Governing Council)

The State Provisional Governing Council shall comprise of: -

a) The President;

b) The Cabinet of the State Secretaries.

The State Provisional Governing Council shall execute and implement all Government related commitment in accordance with the State Provisional Charter, coordinate all Ministerial activities, and supervise accordingly the developmental activities of the Regions alongside their elected Governors.

1) The Cabinet shall be formed by representatives of all HINTERLAND population Strictly respecting the rules of transparency, technocracy, equal participation,Respect to minority and gender Rights.

2) Shall be responsible for the continuation of The Somali Peace & Reconciliation That was started in Eldoret Kenya and produced as a result the Establishment of The Somali Central Provisional Federal Government.

3) Shall cooperate with The Central Provisional Central Government, The National Provisional Committee, with all Regional and International Organizations in accordance with The Somali Provisional Federal Charter, Federated Hinterland State Provisional Charter, the Law of the Country, the traditions and cultures of the Somali population.

4) Except in the conditions of the State of Emergency, All decisions of the Governing Cabinet must be sent to The Parliament and all other Legislation Organs for Approval and endorsement.

5) All Governing Council Members shall be 40-65 years of age, hold minimum University Degree or equivalent, and have acceptable experience in administration, undergo health and drug check.

6) Duration of The Governing Council is 4 years from the swearing date, and may vacate Office by Resignation, Death, and incapability of executing their duties.

7) The Governing Council shall have immunity except in flagrance cases.

Art 10

(The Legislative Organs)

Shall vest the Legislative Authority, and shall be comprised by the following interactive but independent Organs: -

a) The State Provisional Parliament;

b) And The State House of Elders.

Every Legislative Organ shall be governed by Its own Internal Regulation in order to make sure that The Power is exercised equally and shall start from the Grassroots of The Federated Somali Hinterland Population, no single and small community should left unconsidered.

Art. 11

(The Parliament)

The Parliament shall vest The Legislative Power in accordance with the Hinterland State Provisional Federal Charter.

Shall be comprised of 77 seats allocated in accordance of District distribution criteria, and must be comprised by members that have filled all requirements established by the Internal Regulations of it.

a) MP must 21- 65 years of age, undergo physical and mental health check, and, be at least Secondary School Certificate holder or equivalent.

b) Women quota at the Parliament is 9 members to be allocated at Regional Distribution criteria.

c) All MPs must take Oath before representing their Regions at The Parliament.

d) The Oath shall be as follows: - “ IN THE NAME OF ALLAH, I SWEAR BE LOYAL TO THE SOMALI REPUBLIC, ITS POPULATION, ITS PROVESIONAL FEDERAL CHARTER, AND TO THE POPULATION OF THE FEDERATED HINTERLAND STATE AND TO REPRESENT MY CONSTITUENCY ACCORDING TO THE FEDERATED HINTERLAND PROVESIONAL FEDERAL CHARTER, THE RULES OF THE STATE, THE TRADITION, CULTURE AND OF THE FEDERATED SOMALI HINTERLAND POPULATION”

e) The term and duration of The Parliament is 4 years starting from its first Session day.

f) MPs shall be immune from prosecution unless caught in flagrance.

g) MPs vacate their seats by: - Resignation, Death, incapability of executing his/her duties, five executive unjustified attendance of the parliament Sessions, and Criminal Conviction by a Competent Court.

h) The Parliament shall have its own Internal Regulation.

Art. 12.

(The House of the Elders)

Shall vest a supervisory Legislative Organ’s Power of the Federated Hinterland State, and shall execute its powers according to the Provisional Federal Charter of Hinterland State.

The House of Elders shall endorse the Parliament decisions, or sent back to it for reconsideration to synchronize with the Culture, tradition and moral Ethics of the Federated Hinterland State.

a) The Traditional Leaders of The Federated Hinterland State, Senior Civil Society Group, former senior politicians, and academics shall compose representative of The Elders House.

b) The House of elders shall be composed of 35 Representative to be allocated to the Regions and selected by their Communities with the approval of the Governing Council.

c) All requirements stated in Art. 11 paragraphs (c, d, e, f, g, h) apply to the members of the Elders House.

Art. 13

(Judiciary Organ)

Federated State of Hinterland shall establish an independently elected by the population Judiciary Organ that shall be mandated to execute all judiciary related duties.

a) Internal Judiciary regulation shall guide how the system shall operate according to the Federated Hinterland Provisional Charter, The Somali Federal Transitional Charter, and the Laws of the country.

b) The Judiciary System shall be formed by Legal Professionals that after having fulfilled the Legal requirements shall be directly elected by their Regions or and by their Districts.

c) The State shall have Appeal, Regional, and District Courts that shall function according to the State Judiciary System Regulations.

d) The State Judiciary system shall be mandated for a period of 5 years.

Art. 14.

(Immunity)

All members of the State Judiciary Organs shall be guaranteed immunity during their term or mandate unless caught in flagrant criminal action. There can be no interference by the State Organs in the Judiciary System while they are performing their functions.

Art 15

(Regional and District Authority & Capitals)

1) Existing Regional Capitals shall remain intact and shall continue functioning autonomously in all matters related to Regional developments.

2) Three elected Governors shall govern the Regions alongside the elected Regional Council.

3) All Districts shall remain operational as they were before the Civil War governed by elected District Commissioners alongside the elected district Council.

Art. 16.

(Regional & International Cooperation)

FEDERATED HINTERLAND STATE Shall guarantee full observation of all internationally agreed upon Human Rights, shall adopt an open policy for cooperation with all Regional and International States, Independent Bodies, Goodwill Investors, and NGOs.

1) Shall commit itself to promote and welcome all Foreign Investors by Guaranteeing them Security, Resource explorations, Resource Sharing, security and environmental conservations.

a) Federated State of HINTERLAND shall commit itself to share all its exportable NATURAL RESOURCES with the Somali Central Provisional Federal Government, and the Foreign Mining Corporation Investors as following: -

1) 50% to the Foreign Mining Corporation Investors

2) 17% to the Somali Central Federal Government

3) 26% to the Federated Hinterland State

4) 7% to the foreign contractor Company.

b) Federated State of HINTERLAND shall commit itself to collect 15%
Legally owed TAX Payment by its population, and to be shared as follows:

1) 8% Provincial State Tax to the Federated State of HINTERLAND.

2) 7% to The Somali Provisional Central Federal Government.

2) Shall commit itself to adopt transparent political and economical Cooperation with The Regional, and International Community by opening its borders to the constructive World, accepting goodwill immigrants for Business and Residence Permits, which may lead to the concession of Somali Hinterland Citizenship according to The Somali Provisional Federal Charter and to The FEDERATED HINTERLAND State Provisional Charter.

3) From the date of Inauguration of The FEDERATED HINTERLAND State all Somali born Foreigners before the Somali independence and consequently before the Somali Civil War shall be automatically accepted as Somali Citizens of THE FEDERATED HINTERLAND State with all Constitutionally guaranteed Rights unless they voluntarily renounce it.

4) FEDERATED HINTERLAND shall Commits itself unilaterally to secure Regional According to its capability, to share and cooperate with The Regional and International Community in the Fight against all kinds of destabilization, terror acts, in order to contribute in The Struggle of The World for The establishment of solid and lasting Peace.

Art 17.

(Establishment of Civil Society)

FEDERATED HINTERLAND State shall commit itself to establish an independent Civil Society Body that shall coordinate and advise The Government on the better way to serve its population by abiding to the Rule of Law and Order, and benefiting from the talent resource of The Civil Society that shall help to reach its Goals on Good Governance, transparency, technocracy, equal and all inclusive Government Administrative Body.

Art 18.

(Other Legal Sources)

FEDERATED HINTERLAND State shall commit itself to strictly observe and abide by The Rule of The Somali Provisional Federal Charter, The Federated Hinterland State Provisional Charter, The Law of The Country, the International Regulations of its Organs, and all other Legal Sources that shall not contradict with The Religion, Somali Culture and traditions.

2) Shall commit itself to strictly recognize and respect all International Agreements, bilateral conventional legally signed by the Somali Authorities before the Civil War. Those Agreements shall therefore constitute Legal Sources in a need for dispute solution emerges.

3) Federated Hinterland State shall unilaterally commit itself to defend Somali National Unity as well as of the Federated Hinterland State.

Art 19.

(Entrance into effect)

FEDERATED HINTERLAND State of Somalia shall enter into effect from the date in which The Founders of the State sign and declare its establishment, which shall be endorsed by Traditional Elders as agreed upon and mandated by all Somali Traditional Leaders in the Regions forming the State.

For additional comments please send it to the following e-mail:- fed13hinterland@yahoo.com or fedhinterlandstate@yahoo.com.

Thanks you for your interest and consideration.

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