Introduction

 

The idea of possible merger of the British and Italian Somalilands surfaced as early as 1959.  In February of that year, British Colonial Secretary, Alan Lennox-Boyd, suggested while he was in Hargeysa that British Somalilanders have the option to choose between early self-Government and an early association with Italian Somaliland, which at that time was scheduled to gain independence in December of 1960.

 

By May of 1960, British Colonial Secretary, Ian Maclead officially stated that Britain was about to grant independence to Somaliland protectorate so that it can unite with Italian Somaliland (Somalia), which was scheduled to become a sovereign state on July 1, 1960.  The Secretary made his announcement while Somaliland leaders were in London for talks on a constitution.  He underlined that the merge between the two Somalilands was in accord with the wishes of the British Somaliland leaders who want to join Italian Somaliland.

 

On April, 1960, the Legislative Council (in British Somaliland) passed a resolution, asking not only for independence but also to unite with Somalia.  And after having a one-week conference in Mogadishu, the two sides jointly announced that the two Somalilands will unite as a Somali Republic, and the two Legislative Councils will be merging into one National Assembly.

 

Again, on June 27, 1960, the Somaliland Legislative Council unanimously passed a bill that unites Somaliland with Somalia.

 

The Joyous Friday – Independence and Union Day

 

On July 1, 1960, the 5-pointed white star flag was hoisted; and the next day, the union of the two Somalilands (British and Italian) was formally ratified by the National Assembly. Margery Perham of The Times has described the birth of the new Republic as Siamese twins whose god-parents were: the United Nations, Britain, and Italy. [See July 4, 1960, the Times]. 

 

Still, Many Somalis seem to have plenty of reasons to be celebrating, this coming July 1^st, the Unification of the two Somalilands (former British and Italian Somaliland). For that reason, the Roobdoon Forum presents to its readership excerpts of Paolo Contini’s report on “Integration of Laws in the Somali Republic”.  In the 1960s, Mr. Contini served as United Nation’s legal adviser to Somalia and helped to draft its constitution. 

 

Integration of Laws in the Somali Republic: Report on the Work of the Consultative Commission for Integration from Its Inception until 31^st March, 1964

 

 

Establishment and membership of the Integration Commission

 

When the Union was formed on 1st July, 1960, the Somali Republic inherited two different legal systems. In the Northern Regions, formerly known as the British Somaliland Protectorate, the laws and institutions were based on the Anglo-Saxon system; in the Southern Regions, formerly known as the Trust Territory of Somalia under Italian Administration, they were based on the Italian system. It was clearly necessary for the Republic to have a single legal system. In order to assist the Somali Government in bringing this about, the Consultative Commission for Integration was created by Presidential Decree of 11^th October, 1960.

 

The President of the Republic appointed the following persons as members of the Commission:

 

Paolo Contini, -----------------------------------Chairman

UN Legal Adviser

Auod Hagi Mussa, ---------------------------- Member (until January 1961)

Somali Government official

P. O’Donoghue, --------------------------------Member (until June 1961)

former Attorney-General of

Somaliland

YusufJama Ali, ---------------------------------Member (until December 1963)

former Deputy Attorney-

General

Mario Tucci, ------------------------------------Member (until August 1962)

former State Attorney of

Somalia

Renato Angeloni, ------------------------------Member

Judge of the Italian Court

of Appeals

Haji N. A. Noor Muhammad, ---------------Member

Judge of the Somali Supreme

Court

Guiseppe Papale, ---------------------------------Member

President of the Somali

Supreme Court

Geilani Scek Bin Scek, --------------------------Member

Somali Government official

Scek Mohamed Mohamud, ---------------------Member

Somali Government official

Vincenzo Mellana, ---------------------------------Member

State Attorney of Somalia

 

Activities of the Commission

 

The scope of the Commission’s work covers the whole range of legislation. All the draft laws have to be prepared in English and Italian, and are published in both languages in the Official Bulletin.

 

In close collaboration with the competent Ministries, the Commission prepares draft legislation for the consideration of the Council of Ministers and the National Assembly.

 

The Commission’s work programme and order of priority are fixed periodically by the Prime Minister on the Commission’s recommendations.

 

The bulk of the work of the Commission is done at meetings of sub-committees and working groups. The Commission also holds formal meetings, the minutes of which are kept in English and Italian.

 

In some instances, members of the Integration Commission participate in special commissions appointed by the Government to prepare draft legislation. For example, the National Assembly established a Special Commission, consisting of eleven deputies and ten legal experts (including all the legal experts of the Integration Commission), responsible for the preparation of the Penal Code, the Code of Criminal Procedure, the Traffic Code and the Judiciary Law. In other cases, individual members of the Commission are requested by Ministers to prepare legislation on specific subjects.

 

The Commission’s aim has been to prepare laws as modern as possible, expressed in simple and clear language, and suited to local conditions. In drafting legislation, it takes into account the existing laws in both parts of the Republic, as well as those of other countries on the subject under consideration.

 

The integrated legislation enacted by the National Assembly since independence includes such fundamental laws as the Act of Union, the Law on the Organization of the Government, the Civil Service Law, the Law on the Organization of the Judiciary, the Citizenship Law, the Finance and Accounting Procedure of the State, the Public Order Law, the Law on Local Administration and Local Council Elections, the Penal Code, the Criminal Procedure Code, the Political Elections Law.

 

[Extracted from report of Dr. P. Contini, Chairman, Consultative Commission for Integration, Mogadiscio, 31st March, 1964]

 

Source: Journal of African Law, Vol. 8, No. 2. (Summer, 1964), pp. 56-58.