PROVISIONAL CONSTITUTION
Article 31.
Language and Culture
(1)
The state shall promote the positive traditions and cultural practices of the Somali people, whilst
striving to eliminate from the community customs and emerging practices which negatively impact
the unity, civilization and wellbeing of society.
(2)
The state shall collect, protect and preserve the country·s historic objects and sites, whilst
developing the know-how and technology that shall enable the fulfillment of such an obligation.
(3)
The state shall promote the cultural practices and local dialects of minorities.
(4)
The rights mentioned in this Article shall be implemented in accordance with the fundamental
rights recognized in this Constitution.
Article 32.
Right of Access to Information
(1)
Every person has the right of access to information held by the state.
(2)
Every person has the right of access to any information that is held by another person which is
required for the exercise or protection of any other just right.
(3)
Federal Parliament shall enact a law to ensure the right of access to information.
Article 33.
Just Administrative Decisions
Every person has the right to administrative decisions that are lawful, reasonable and conducted in a
procedurally fair manner.
Article 34.
Access to Courts and Legal Defence
(1)
Every person is entitled to file a legal case before a competent court.
(2)
Every person has the right to a fair public hearing by an independent and impartial court or
tribunal, to be held within a reasonable time, and to determine:
(a)
Any question of civil rights and obligations;; or
(b)
Any criminal charge.
(3)
Every person is entitled to defend him or herself from the case he or she is party to, whatever the
level or stage of the proceedings may be.
(4)
The state shall provide free legal defence to the people who do not have the means of doing so
themselves.
(5)
The state shall provide free legal defence to individuals or communities if they are legally pursuing
the public interest.
Article 35.
The Rights of the Accused
(1)
The accused is presumed innocent until proven guilty in a final manner by a court of law.
(2)
Every person arrested or detained has the right to be informed promptly of the reason for their
arrest or detention in a language that the person understands.
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