Date of publication:

01/08/2026

Somalia

Do domestic laws and policies provide forcibly displaced and stateless persons the right to freely choose their place of residence?

ANALYSIS

Assessment by population

Assessment by population
IDPs
Refugees
Asylum-seekers
Analysis

The Federal Government of Somalia, along with the governments of Somaliland and Puntland, affirms the right of refugees and asylum seekers to freedom of residence, allowing them to choose where to live without mandatory settlement in designated areas. National and regional legal frameworks in these territories recognize and uphold this right, promoting self-reliance and integration within host communities. In Somalia, the Refugees and Asylum Seekers Act explicitly guarantees this freedom, enabling individuals to settle in locations of their choice, in line with broader efforts to ensure dignity and autonomy for displaced populations. Somaliland similarly supports this right through its legal and policy approaches, offering protection from forced relocation and emphasizing voluntary residence decisions. In Puntland, the right to self-settlement is embedded within the legal system, permitting refugees and asylum seekers to reside in areas they prefer, while also maintaining access to assistance and services for those who voluntarily opt into organized settlements. Collectively, these frameworks reflect a rights-based approach that balances the freedom of movement with the provision of humanitarian support where needed.

    LAW & POLICY

    Related provisions of domestic law or policy

    National Policy on Refugee-Returnees and internally Displaced Persons
    • Year: 2019
    • Type: Domestic policy
    • Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
    • Link to external source: https://www.refworld.org/policy/strategy/natlegbod/2019/en/122553

    Legal provision

    Principle 5.1 - Rights to Freedom of Movement and Choice of Residence

    Refugee-returnees and IDPs have: a. the right to seek their safety and welfare, and establish their residence and move freely throughout the country, irrespective of clan affiliation, migration status, gender or other criteria; b. the right to leave their country and seek life in another country; c. the right to seek asylum in another country; and

    Principle 9.1 - Non-discrimination of refugee-returnees and IDPs

    Refugee-returnees and IDPs, whether or not they are living in camps, shall not be discriminated against in the enjoyment of their rights, including the ones listed below, as a result of their displacement: i. the right to move freely throughout the country.

    Constitution of the Republic of Somaliland
    • Year: 2001
    • Type: Domestic law
    • Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
    • Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2001/en/72769

    Legal provision

    Article 23.2 - Freedom of Movement and Association

    The matters (rights) set out in Clause 1 of this Article are subject to any law which forbids the movement to or settlement at specific places or during specific times.

    Article 23.1 - Freedom of Movement and Association

    Every person who is a citizen or lawfully resident in the country shall be free to move to or settle at any place of his choice, or leave or return to the country at will.

    Constitution of Somalia
    • Year: 2012
    • Type: Domestic law
    • Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
    • Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2012/en/97615

    Legal provision

    Article 21.1 - Freedom of Movement and Residence

    Every person lawfully residing within the territory of the Federal Republic of Somalia has the right to freedom of movement, freedom to choose their residence, and freedom to leave the country.

    Puntland IDP Guidelines
    • Year: 2011
    • Type: Domestic policy
    • Rights Category: Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation

    Legal provision

    Section 9.1 - Protection of Freedom of Movement and Choice of Residence

    The Puntland Government respects and protects the right to freedom of movement and choice of residence for IDP women, girls, boys and men in accordance with the Constitution, international human rights and humanitarian law standards and shall allow IDPs to: a) Move freely in and out of IDP settlements; b) Seek safety in another part of the country; c) Leave the country; d) Seek asylum in another country; and e) Be protected against forced return to or settlement in any place where their life, safety, liberty and /or health would be at risk.

    Somalia Refugees and Asylum Seekers Law
    • Year: 2023
    • Type: Domestic law
    • Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation

    Legal provision

    Article 13.3 - Settlement of Asylum Seekers and Refugees

    Pending a decision on their refugee status application, asylum seekers have the right to freedom of movement unless restricted for reasons of national security, public order, or public health.

    Somaliland Refugee Protection Law
    • Year: 2023
    • Type: Domestic law
    • Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation

    Legal provision

    Article 32 - Freedom of Movement

    Anyone who has been recognized as a Refugee or Asylum Seeker is entitled to free movement into any place within the country if he is not in designated places or a refugee camp.

    Somaliland IDP Policy Framework
    • Year: 2015
    • Type: Domestic policy
    • Rights Category: Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation

    Legal provision

    Section 5.4 - Freedom of movement and choice of residence

    The Government shall uphold the right to freedom of movement and residence for internally displaced persons (IDPs)—women, men, boys, and girls—in accordance with the Constitution and applicable international human rights and humanitarian law. Accordingly, IDPs shall have the right to: Be protected against forced return or relocation to any area where their life, liberty, safety, or health is at risk; Leave the country; Move freely within and beyond IDP settlements; Seek asylum abroad; and Seek safety in other parts of the country.