The TFC was distinct from the national constitution, which was distinguished as a separate document (Chapter 4, Article 11, Section 3(a)).
On 1 August 2012, an 825-member national constituent assembly approved a new provisional constitution by a landslide of 96% for the Federal Republic of Somalia.[1]
The Charter's first Chapter establishes the Transitional Federal Government as the sovereign government of Somalia (Article 1), and gives the government supremacy of law over the nation (Article 3).
It defines Somalia in Article 3 as having the following borders:
Article 4 also stipulates that all disputes regarding inconsistencies between national laws and the Charter should be brought before the Supreme Court for adjudication.[2]
This chapter grants citizenship to all persons who were citizens of the Somali Republic at the time the Charter came into effect, and extends citizenship to all those who were born in the Somali Republic, or whose father is a citizen of the Somali Republic, so long as that did not conflict with other citizenships (Article 10).
This Chapter defines the government as a federation and describes the nature of the federal government. It defines the scope and structure of the republic as a hierarchy (Article 11):
For example, Puntland would qualify as a State Government, if it choose to remain so organized within this structure.
It also calls for a national census to be conducted and a new Constitution to be drafted by a Federal Constitution Commission, and for the Constitution to be approved by a national referendum. It also defines a Ministry of Federal and Constitutional Affairs to implement such affairs.
Auxiliary organs are also called out: auditor general, attorney general, accountant general, and Governor of Central Bank (Article 12).
These sections invest Parliament with the power to amend the Charter, state that anything not covered by the Charter is to be governed by the 1960 Somalia Constitution, and defines other factors of the transitional period.
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