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Somaliland Public Order & Security Laws Public Order and Security Law 2012
The new Somaliland Maintenance of the Public Order and Security Law (Xeerka Ilaalinta Anshaxa iyo Nabadgelyada Guud) - Law No. 51/2012 came into force on 7 April 2012. The Law repeals the 1963 Public Order Law - Law No 21 of 26 August 1963 but reproduces many of its provisions relating to public order. [ See here for a background article about how the 1963 Law was used, together with the 1980s legislation relating to Security Committees, see this Article. Security committees with extra judicial powers are no longer in operation in Somaliland since July 2010 when the current President was elected and the Security Committees under this new 2012 Law have no such powers].
The new Somaliland Maintenance of the Public Order and Security Law consists of a preamble and 46 articles. A list of the headings of all the provisions of the Law (below) should give a flavour of its wide contents.
Somaliland Maintenance of the Public Order and Security Law Law No. 51/2012 Came into Force: 07 April 2012 (Pres. Decree No. 0226/042012) Contents Preamble PART 1: GENERAL PROVISIONS Article 1 Definitions Article 2 Title of the Law Article 3 Interpretation of the Law Article 4 Scope of the Law Article 5 Membership of the National Security Committees Article 6 Duties & powers of the National Security Committees Article 7 Reinforcements for the activities of the Police Force Article 8 Arrest of persons suspected of posing a danger to the national security Article 9 Other powers of the National Security Committee PART 2: PUBLIC ORDER AND APPROPRIATE CONDUCT Article 10 Public assemblies Article 11 Religious ceremonies and funerals Article 12 Prohibition to carry weapons at public assemblies Article 13 Dispersal of public assemblies Article 14 Procedures for dispersing public assemblies PART 3: PREVENTION OF ACCIDENTS AND DISASTERS Article 15 Manufacture of explosives, poisons which pose dangers to the peace of the society Article 16 Export and Import of substances mentioned in Article 16 Article 17 Destruction of poisons and other dangerous substances Article 18 Explosions of dangerous artificial fireworks Article 19 Fires Article 20 Noisy industries Article 21 Infringements of the provisions of this Part PART 4: LICENSED PUBLIC ENTERTAINMENT VENUES, PROFESSIONS AND COMMERCE Article 22 Theatrical performances and Cinemas Article 23 Committee for the licensing of theatrical performances and film shows Article 24 Sports competitions Article 25 Supervision of sports events and shows Article 26 Opening of public entertainment venues Article 27 Engagement of Children under 15 in films and plays Article 28 Inspection and supervision of public activities Article 29 Gambling Article 30 Register of hotels and rented houses Article 31 Infringements of the provisions of this Part. PART 5: PROTECTION OF YOUNG CHILDREN Article 32 Street Children Article 33 The conduct of the offspring and the responsibilities of the parents Article 34 Neighbourly tranquillity and the responsibilities of Akils PART 6: REGISTRATION OF ASSOCIATIONS AND FIRMS Article 35 The responsibilities of associations and firms Article 36 Dissolution of associations PART 7: MAINTENANCE OF THE SECURITY AND PREVENTATIVE MEASURES Article 37 Surety for good conduct and conditional release Article 38 Procedures for bonds and for conditional release Article 39 Contravention of the bond conditions Article 40 Prevention of criminal offences PART 8: PRIVATE GUARDS Article 41 Authorisation of private guards Article 42 Badges of private guards Article 43 Possession of the badges of the armed Forces PART 9: STATE OF EMERGENCY AND STATE OF WAR Article 44 State of emergency Article 45 State of war PART 10: FINAL PROVISIONS Article 46 Regulations Article 47 Repeals Article 48 Coming into force MORE ON THIS LAW ... to follow... __________________________________________________________________________________________________________________
The 2012 Law and the Penal Code
This new 2012 Law is a special law dealing specifically with public order and security issues. Under Article 13 of the 1962 Penal Code states that where the provisions of two criminal penal laws cover the same issue, the provisions of the special law shall prevail over the general law. The provisions of the more general enal Code, includes both crimes and contraventions against the public order. The crimes unusually carry fines and imprisonment of one to 5 years and the contraventions fines and/or prison for up to one year. If any of these matters are also covered by the 2012 Law, the latter shall prevail. For example, under Article 31 of the 2012 Law infringements of the provisions relating to the licensing of public performances venues is punishable by 3 to 6 months imprisonment or a fine of 3 million shillings. Article 519 to 521 of the Penal Code also deal with public performances and entertainments and in these cases unless they raise anything which is not covered by Articles 22 to 26 and 28 of the new 2012 Law, the Penal Code provisions will be superseded by the 2012 Law provisions.
The crimes against public order in the Penal Code are covered in Articles 320 to 328 and are:
The Contraventions against public order and public tranquillity are covered in Article 505 to 523 and are:
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