| 26 |
Can citizens sue the government for infringement of their civil rights? |
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26:
In law, can citizens sue the government for infringement of their civil rights?
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| Score: |
YES |
NO |
 |
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Comments: "Whoever suffers damages from act or omissions in violation of his right by officials or employees of the State or of public bodies in the performance of their duties shall have the right to obtain compensation from the State or the public bodies concerned."
References: Article 40 Constitution 1960, para 1.
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| 27 |
Can the chief executive be held accountable for his/her actions? |
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27a:
In practice, the chief executive gives reasons for his/her policy decisions.
|
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| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: The chief executive gives reasons for his decisions.
His decisions always depends on whether it is related to policy that has been laid down in the country.
References: Abdi Aaadn Foodadde, Director General of Ministry of Labour (Naasa Hablood Hotel, Aug. 2008).
Interview with a freelance journalist who wishes to remain anonymous (Aug. 2008).
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| |
27b:
In law, the judiciary can review the actions of the executive.
|
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| Score: |
YES |
NO |
|
|
| |
Comments:
References: There is no applicable law which gives the judiciary the right to review the actions of the executive.
|
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27c:
In practice, when necessary, the judiciary reviews the actions of the executive.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: There is no applicable law which gives the judiciary the rights to review the actions of the executive.
References: Interview with a government official and a Somali Journalist who wish to remain anonymous (Aug. 2008).
|
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27d:
In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: The chief executive always goes by the policy and procedure laid down by the country. He/she has the authority to guide and control the whole country's administration.
References: Abdi Aaadn Foodadde, Director General of Ministry of Labour (Naasa Hablood Hotel, Aug. 2008).
Habiibo Haji Jimale, General Director, Somali Women Lawyers ( INXA Compound, Aug. 2008).
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| 28 |
Is the executive leadership subject to criminal proceedings? |
| |
| |
28a:
In law, the heads of state and government can be prosecuted for crimes they commit.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: "In case of high treason or attempts against the constitutional order, the President shall be impeached by a decision of National Assembly taken on the motion of at least one fifth of its members and approved by a secret ballot by a majority of two thirds of the deputies; he shall be tried by the Supreme Court constituted as the High Court of Justice."
References: Article 76, para 3.
|
| |
28b:
In law, ministerial-level officials can be prosecuted for crimes they commit.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: "1-The Prime minister and the ministers are responsible for offences committed in the exercise of their functions . "2- In respect of such offences, the Prime Minister and Ministers shall be impeached on a decision of the National Assembly taken on the motion of at least on the fifth of its members and approved by secret ballot by a majority of two thirds of the deputies; they shall be tried by the Supreme Court constituted as High Court of Justice."
References: Article 84, Paragraph 1 and 2.
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| 29 |
Are there regulations governing conflicts of interest by the executive branch? |
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| |
29a:
In law, the heads of state and government are required to file a regular asset disclosure form.
|
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| Score: |
YES |
NO |
|
|
| |
Comments:
References: There is no applicable law which requires the head of state and government to file asset disclosures.
|
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29b:
In law, ministerial-level officials are required to file a regular asset disclosure form.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments:
References: There is no applicable law which requires ministerial-level officials to file asset disclosures.
|
| |
29c:
In law, there are regulations governing gifts and hospitality offered to members of the executive branch.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments:
References: There is no regulation that governs gifts and hospitality offered to the members of the executive branches.
|
| |
29d:
In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: "The law shall regulate the organization of this organ and guarantee the independence of its functions; it shall ensure that the organs and agencies subject to audit have the right to be heard in any judiciary processing connected therewith."
References: Article 90, Paragraph 4.
|
| |
29e:
In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: They always went to work in the private sectors when they resigned or left the office of the government. Somali people are well-oriented business people.
References: There is no restriction on the head of State and minister members entering private sector after leaving government.
|
| |
29f:
In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: They always go to work in the private sector after they leave government positions. Somali people are well-oriented business people. Before and after their work in government position, they are business men and women.
References: A/laahi Dahir Barre, Attorney General. (Sahfi Hotel, Aug. 2008).
Mahamed Nur Warsameh, Professor, Somali University (Somali University Campus, Aug.2008).
|
| |
29g:
In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: There is no regulation that governs the offering of gifts and hospitality to executive branch members in Somalia.
References: Muuse Cali Cumar, Member of Parliament (Bay Region, Aug. 2008).
Mahamed Nur Warsameh, Professor, Somali University (Somali University Campus, Aug.2008).
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| |
29h:
In practice, executive branch asset disclosures (defined here as ministers and above) are audited.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: In Somalia, there there are no branches that audit any government offices because the government offices do not keep regular hours for security reasons.
Somalia had not had effective government since the ouster of Siad Barre.
References: Abdi Aadn Foodadde, Director General of Ministry of Labour ( Naasa Hablood Hotel, Aug. 2008).
A/raxmaan Ali Maxamuud, Teacher, Al-khaliil Primary and Secondary School (Al-Khaliil School, July 2008).
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| 30 |
Can citizens access the asset disclosure records of the heads of state and government? |
| |
| |
30a:
In law, citizens can access the asset disclosure records of the heads of state and government.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: "No person shall be subject to inspection, personal search of his/her property without permission of competent judicial authority related to health and tax. In every case, the self-respect and moral dignity of the person concerned must be preserved."
References: Article 16, Paragraph 3.
|
| |
30b:
In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: Citizens cannot access these asset disclosure records in reasonable time because they do not have the legal right to.
References: A/laahi Dahir Barre, Attorney General (Sahafi Hotel, Aug. 2008).
A/laahi Osmaan Ali, Teacher, Al-khaliil Primary and Secondary School (Al-Khaliil School, July 2008).
|
| |
30c:
In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: Citizens cannot access the asset disclosure records of the head of state and government at a reasonable cost because they do not have the legal right to.
References: Abdi Aadn Foodadde, Director, General of Ministry of Labour (Naasa Hablood Hotel, Aug. 2008).
A/laahi Osmaan Ali, Teacher, Al-khaliil Primary and Secondary School (Al-Khaliil School, July 2008).
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| 31 |
Official government functions are kept separate and distinct from the functions of the ruling political party. |
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| |
31:
In practice, official government functions are kept separate and distinct from the functions of the ruling political party.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: In Somalia, the politicians depends on their clan coalition not their political party.
In Somali, the government is divided into sections known as "four point five." The four represents the major clans who control many regions in the country. The five represents the people who live in those regions who are discriminated against.
References: Abdi Aadn Foodadde, Director, General of Ministry of Labour (Naasa Hablood Hotel, Aug. 2008).
Habiibo Haji Jimale, General Director, Somali Women Lawyers ( INXA Compound, Aug. 2008).
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