Introduction

 

The term COVID 19 is meant to indicate the corona virus,  which affects the lungs and airways and has been the cause for a pandemic disease in most countries of the world.  Its symptoms include cough, high fever and shortness of breath.  The corona virus spreading can be prevented by frequently washing your hands with soap and water.

 

Measures Taken by the Somali Government against COVID 19

 

The Somali government has undertaken some preventive measures which can help in minimizing the spreading of the COVID 19.  The measures so far taken by the government include the following:

  1. On March 16, 2020, the Ministry of Transport and Civil Aviation has announced a ban on all international departures and arrivals.
  2. On March 21, 2020, the Prime Minister of the Federal Republic of Somalia, HE Hassan Ali Kheyrre, met with representatives of the international community to discuss the redirection of the aid to Somalia to support the prevention of COVID 19.
  3. On March 21, 2020, the Prime Minister of the Federal Republic of Somalia, HE Hassan Ali Kheyrre, has appealed to the business community in Somalia to keep prices of living commodities stable during the period of COVID 19.
  4. On 28 March, 2020, the Somali Government has announced a temporary ban on local flights to prevent the spread of COVID 19.
  5. On 30 March, 2020, the Ministry of Endowments and Religious Affairs has ordered the closure of the places of religious education, schools and other religious centers and advised the Somali people to perform worships at their homes.
  6. On April 6, 2020, the Directorate of Immigration and Citizenship ahs ordered to suspend the issuance of passport due to COVID 19.
  7. On April 12, 2020, the Government of the Federal Republic of Somalia has issued a curfew order during night time from 8 pm to 5 am.
  8. On April 14, the Government of the Federal Republic of Somalia has provided a tax exemption with essential food items to avoid price increase due to COVID 19.

Judicial Measures

Some of preventive measures against COVID 19 have been taken by the judiciary, including:

  1. On March 19, 2020, the President of the Supreme Court (Chief Justice) of the Federal Republic of Somalia, HE Baasha Yuusuf Axmed, has issued a press release on the prevention of COVID 19 within the judiciary. In his press release, he ordered to decrease the judicial activities in a period of two weeks, starting from 21 March, 2020.
  2. On April 5, 2020, the President of the Supreme Court (Chief Justice) of the Federal Republic of Somalia, HE Baasha Yuusuf Axmed, has issued a press release on the prevention of COVID 19 within the judiciary.
  3. On April 2, 2020, the President of the Federal Republic of Somalia, HE Mohamed Abdullaahi Farmaajo, has issued a grace for 148 who were convicted of small crimes.
  4. On April 15, 2020, the President of the Regional State of South West, HE Abdiaziz Hassan Mohamed (Lafta Garen), has issued a grace for prisoners who were detained at Baidoa Prison for various crimes.

Legal Implications of COVID 19 Preventive Measures

The above mentioned preventive measures against COVID 19 get their legal basis from the current pandemic situation of corona virus which affected almost the whole world.  Indeed, such a situation has created as state of emergency which must be legally regulated by the Somali state to minimize its negative effects. The President of the Federal Republic of Somalia has the power to declare a state of emergency according to letter (a) of article 91 of the Provisional Constitution. The requirements of issuing such a presidential declaration are regulated under article 131 of the Provisional Constitution.  According to the text of this article, a state of emergency can be declared when there is “a serious situation arising from war, invasion, insurrection, disorder, or a natural disaster or some other grave public emergencies”.   As the current pandemic situation created by COVID 19 in Somalia can be considered as a grave public emergency, it can be the basis for a declaration of state of emergence by the President of Somalia.

Before declaring a state of emergency, the president of the Federal Republic of Somalia shall receive a request from the Council of Ministers on that regard. Meanwhile, the declaration of state of emergency shall be submitted within a period of 21 days to both houses of the Federal Parliament, namely the House of People and the Upper House, for debate and approval.   If the Federal Parliament approves the declaration of State of Emergency, its validity will be limited to three months time. Otherwise, it will cease to be effective. During such a state of emergency, the government might exercise extended powers and issue measures which may limit or violate the rights and freedoms of people.

 

As far as we know, there is no a declaration of state of emergency which followed the above mentioned procedures and gained a parliamentary approval.  However, there are multiple measures taken by the Federal Government of Somalia including those mentioned under the headline titled “Measures Taken by the Somali Government against COVID 19” of this article.  Therefore, the legitimacy of such measures can be subject for discussion by concerned Somali jurists.

Furthermore, the judicial authorities have issued some preventive measures against COVID 19 as described under the headline titled “Judicial Measures”.   According to the above mentioned press release published by the President of the Supreme Court (Chief Justice), there are suspended judicial activities, including:

  • All types of litigation, court hearing, filing new suits, execution orders and appeals.
  • Meetings, trainings and events.
  • Visit to prisons.

In his second press release, the President of the Supreme Court has extended the two weeks period of suspension of the judicial activities to unknown date and time.  Meanwhile, he ordered to hold an online hearing of the criminal cases, which are not regulated by the Somali Penal Procedure Code.  According to article 79 of this Code, the accused must be physically brought to the court.   Therefore, online hearing cannot be applied unless articles of this Code are amended accordingly.

These judicial measures might bring limitations to the right of access to justice as provided in article 34 of the Provisional Constitution and other relevant articles of the ordinary laws.   Such limitations would cause violations to the constitutional and judicial rights of individuals except when there is a valid declaration of state of emergency.

Finally, the implications of the preventive measures against COVID 19 might be studied from the perspective of their impact on federal as well as state levels.  By law, the measures taken by the Federal Government of Somalia must be indiscriminately applied to all Federal Member States, if not otherwise stated.