← Back

Article 133

Provisions Applicable to an Amendment to the Provisional Constitution Schedule One (C), or

One (C), or a Law Mentioned in Schedule One (D) of this Constitution, Proposed Before the Expiry of the First Term of the Federal Parliament: The Oversight Committee

(1) In this Article and in Article 134: (a) vovisional Constitution Review and Implementation Oversight Committee. (b) Review and Implementation Commissionependent Provisional Constitution Review and Implementation Commission

(2) This Constitution establishes the Oversight Committee as a Committee of the Federal Parliament. (a) Each House of the Federal Parliament of the Federal Republic of Somalia shall elect five

(5) of its Members as members of the Oversight Committee. In addition, each existing Federal Member State of the Federal Republic of Somali that qualifies as a Federated State under the Federal Constitution of Somalia shall nominate one Federal Member State Delegate as a member of the Oversight Committee;; (b) The Oversight Committee shall oversee, direct and approve the work of the Review and Implementation Commission, and, generally, the implementation of the Constitution.

(3) The members of the Oversight Committee shall select its Chairperson from among the members of the Oversight Committee.

(4) Not later than one month after the Oversight Committee selects its Chairperson, the Oversight Committee shall by majority vote adopt rules for its functioning.

(5) The Oversight Committee shall from time to time, assign to the Review and Implementation Commission a drafting project based upon the requirements of Schedules 1 (C) and 1 (D) and such other requirements as shall be deemed necessary pursuant to the outcomes of the National Constituent Assembly provisional adoption as set forth in the Protocol Establishing the National Constituent Assembly.

(6) In assigning a drafting project mentioned in Clause 5, the Oversight Committee shall prioritize the project as follows: (a) Analyze the project in terms of the social problem that the proposed Constitutional amendment or bill will address;; (b) Accord high priority to a project that aims at changing the behaviors that constitute a social problem concerning: (i) National security, public safety, the protection of basic human rights, or the environment;; (ii) Inequality in quality of life of different segments of the Somali population, including income inequality, inequality in health care delivery, and inequality in education;; (iii) Economic development, including the availability of jobs, ensuring that a fair proportion of surplus value earned by foreign investors is reinvested in the Federal Republic of Somalia , and ensuring that Somali citizens receive education in, and obtain jobs related to the use of new technologies;; and (iv) Safeguarding public funds against corruption and misuse. (c) Accord lesser priority to a drafting project concerning a social problem related to the responsibility of an existing Ministry other than those concerned with high priority social problems;; (d) So far as possible on the basis of accurate social cost-benefit calculations, assign relative priorities between proposed drafting projects seemingly of equal priority;; (e) Invite Members of both Houses of the Federal Parliament of the Federal Republic of Somalia to discuss prioritization of proposed constitutional amendments and proposed draft bills;; (f) Annually submit to the Federal Parliament of the Federal Republic of Somalia for approval, amendments, approval, or rejection, of a current legislative drafting program of priority proposed Constitutional amendments and proposed draft bills, in the order in which the Oversight Committee will assign projects for drafting to the Review and Implementation Commission, and from time to time add or subtract from that program as the current situation warrants.

(7) As the Review and Implementation Commission, in terms of Clause 6, completes a project assigned to it for drafting, as mentioned in Article 134, it shall submit for the Oversight Committees review the draft Constitutional amendment or draft bill, accompanied by the report mentioned in Article 134

(7)(b).

(8) The Oversight Committee shall: (a) Internally review a draft Constitutional amendment or draft bill and the accompanying report, received in terms of Clause 7;; (b) Inform the public of the proposal and the report;; (c) So far as possible, ensure that adequate opportunity exists for public debate;; (d) Consult with members of the public and other members of the Federal Parliament of the Federal Republic of Somalia;; and (e) Engage Federal Member State legislatures and incorporate harmonized submissions into the proposed amendment, where the matter concerns Federal Member State interests.

(9) If after the consultations mentioned in Clause 8 the Oversight Committee decides to incorporate various suggestions into the proposed Constitutional amendment or bill, it shall return the proposed Constitutional amendment or bill and report to the Review and Implementation Commission for redrafting, with instructions.

(10) If after the consultations mentioned in Clause 8 the Oversight Committee decides to submit the proposed Constitutional amendment or bill for enactment, it shall forward the proposed Constitutional amendment or bill to the Speaker of the House of the People, together with its accompanying report, for further proceedings in terms of this Constitution.

(11) The Oversight Committee shall report not less that once each quarter year to both Houses of the Federal Parliament the progress in completing the projects mentioned in Schedules One (C) and One (D) and as required pursuant to the outcomes of the National Constituent Assembly as stipulated in the Protocol Establishing the National Constituent Assembly.

(12) The Oversight Committee ceases to exist upon the approval of its dissolution by a simple majority (50% plus 1) of each House of the Federal Parliament of the Federal Republic of Somalia.