Friday July 12, 2024
FILE - The council of ministers of Somaliland votes during their 122nd session on Dec. 7, 2023, in Hargeisa. The session included discussions on the new penal code, which aims to replace the 33-year-old Somali penal code and modernize the legal framework in the self-declared republic.
Hargiesa (HOL) — The self-declared Republic of Somaliland is moving away from the general penal code of Somalia that it has used for 33 years. The new penal code aims to provide clearer legal guidelines that are easily accessible and understandable to all citizens.
Somaliland has relied on Somalia's general penal code since declaring its independence in 1991. The new code, presented in a recent Council of Ministers meeting, marks a marked legal shift for the region.
Abdinassir Muhumed Buuni, the Minister of Parliamentary Relations and Constitutional Affairs, is a key figure in this transition. He told the BBC Somali Service that the courts will cease using Somalia's penal code once the new legislation is approved. "For years, Somaliland has been operating under laws established by Somalia's former government. We have now taken the decision to create and implement our own legal framework," Buuni explained.
The old penal code, in place since the 1960s, has been deemed an obstacle to Somaliland's legal system. "The old penal code was an obstacle to our legal system. It didn't cover Somaliland's specific needs, which is why we've replaced it," said Buuni.
Buuni explained that while the outdated code managed to govern the country and sentence numerous individuals, it was never used in a manner that violated Somaliland's constitution. "While it didn't directly conflict with our national constitution, it was a standing law, and the only available general code," he noted.
Regarding the fate of those sentenced under the old code, Buuni stated that the general penal code was seldom applied in practice. "Most of our legal proceedings didn't rely on the general penal code. We mainly used our regulations, and the old code was not actively enforced," he said.
The new penal code aligns with Somaliland's constitution, Islamic Sharia, and other national regulations. It also addresses modern issues such as internet crimes, social media offences, and mobile money transactions. "This is a contemporary code that covers today's crimes and technological advancements," Buuni said.
Once approved by the Council of Ministers, the new penal code will move to the House of Representatives for final ratification.
Abdinassir Muhumed Buuni, the Minister of Parliamentary Relations and Constitutional Affairs of Somaliland, speaks to the media about the introduction of the new penal code that aligns with the constitution and addresses modern crimes such as internet and social media offenses.