Date of publication:

08/21/2025

Somalia

Do domestic laws and policies provide access to tertiary and other forms of post-secondary education for forcibly displaced and stateless persons?

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Analysis

The Federal Government of Somalia and Somaliland have established legal and policy frameworks that support the provision of tertiary and post-secondary education, including pathways for internally displaced persons (IDPs) and refugee-returnees. National education policies and higher education acts in both jurisdictions recognize the importance of expanding access to universities, technical institutes, and vocational training centers as part of broader development and recovery strategies. These frameworks emphasize inclusive education and, in principle, do not exclude displaced populations from participating in higher education, aligning with international standards such as the Global Compact on Refugees and the Convention on the Rights of the Child (CRC), which promote lifelong learning opportunities for all.

In both Somalia and Somaliland, public and private institutions of higher learning operate under the oversight of national commissions or ministries of education, with some initiatives specifically aimed at supporting marginalized students, including scholarship programs and fee waivers. While these legal provisions establish the right to access post-secondary education, additional measures—such as skills bridging programs and legal aid for documentation—are occasionally implemented in partnership with UN agencies and NGOs to support displaced students. The legal frameworks thus provide a foundation for the inclusion of FDPs in tertiary education, underscoring a national commitment to equitable access, capacity-building, and long-term integration through higher learning opportunities.

    LAW & POLICY

    Related provisions of domestic law or policy

    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 15.1 - Education, Youth and Sports

    1. The state shall pay particular attention to the advancement, extension and dissemination of knowledge and education as it recognises that education is the most appropriate investment that can play a major role in political, economic and social development.

    Article 15.7 - Education, Youth and Sports

    The national policy is that primary education shall be free

    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 30 - Higher Education

    The State shall promote higher education, technical institutes, and technology and research institutions.

    Article 30 - Right to Education

    (1) Education is a basic right for all Somali citizens. (2) Every citizen shall have the right to free education up to secondary school.

    General Education Act
    • Year: 2021
    • Type: Domestic law
    • Rights Category: Education

    Legal provision

    Section 1- Right to Education

    Education is a fundamental human right for every Somali citizen. The State shall ensure the provision of free primary education to all citizens.

    Education Sector Strategic Plan (ESSP 2022-2026)

    Legal provision

    Education Sector Strategic Plan (ESSP 2022-2026) - Generic

    Education Sector Strategic Plan (ESSP 2022-2026) - Generic

    Somaliland National Education Act

    Legal provision

    Section 14.1- Primary Education (Grade 1 - Grade 8)

    Primary education shall be compulsory and free.

    Section 27- Higher Education Institutions

    The government shall accredit and regulate public and private universities. Private universities shall be autonomous but must comply with national education standards. Higher education institutions must be registered under the Higher Education Act.

    National Education Policy

    Legal provision

    National Education Policy

    NATIONAL EDUCATION POLICY - Generic

    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 9.1: Non-discrimination of refugee-returnees and IDPs

    1. 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: b. the right to access to education, health and justice, and all other rights that the Somali National Constitution and international instruments provide

    Principle 6.1 - Right to an adequate standard of living

    All refugee-returnees and IDPs have the right, like any other citizen, to an adequate standard of living, and regardless of any circumstances and without discrimination they shall be provided with: a. essential food and potable water; b. basic shelter and housing; c. essential medical services and sanitation; d. basic education; and e. personal security.

    National Higher Education Bill of Somalia
    • Year: 2024
    • Type: Domestic law
    • Rights Category: Education

    Legal provision

    Section 3- Establishment and Functions of the Commission

    (1) There is hereby established a body corporate to be known as the National Higher Education Commission (hereinafter referred to as "the Commission"). (2) The Commission shall be vested with the following functions— (a) To develop policies and strategies for the regulation, accreditation, and quality assurance of higher education institutions; (b) To establish and enforce academic standards, including curriculum guidelines, faculty qualifications, and infrastructural requirements; (c) To monitor, evaluate, and oversee the implementation of national higher education policies; (d) To facilitate cooperation between Somali universities and international academic institutions; (e) To promote research, innovation, and knowledge dissemination within the higher education sector; (f) To undertake any other function necessary for the advancement of higher education in Somalia.