The self-proclaimed Republic of Somaliland is moving away from the general penal code of Somalia that it has adhered to for 33 years. The updated penal code aims to offer clearer legal guidelines that are more accessible and comprehensible to all citizens.
Since declaring independence in 1991, Somaliland has relied on Somalia’s general penal code. The introduction of the new code, discussed in a recent Council of Ministers meeting, marks a significant legal shift for the region.
Abdinassir Muhumed Buuni, the Minister of Parliamentary Relations and Constitutional Affairs, is a key player in this transition. He informed the BBC Somali Service that the courts would stop using Somalia’s penal code once the new legislation is approved. “For many years, Somaliland has operated under laws established by Somalia’s previous government. We have now decided to create and implement our own legal framework,” Buuni explained.
The old penal code, in place since the 1960s, has been seen as an obstacle to Somaliland’s legal system. “The old penal code was a barrier to our legal system. It didn’t address Somaliland’s specific needs, which is why we’ve replaced it,” said Buuni.
Buuni clarified that while the outdated code managed to govern the country and sentence numerous individuals, it was never applied in a manner that violated Somaliland’s constitution.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 enforced 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 offenses, 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 be submitted to the House of Representatives for final ratification.
