Date of publication:
01/08/2026
Somalia
Do domestic laws and policies allow individuals to leave the country?
Assessment by population
Analysis
The Federal Government of Somalia, the Somaliland administration, and the Puntland authorities have each adopted refugee legal frameworks that, while primarily focused on the protection and rights of asylum seekers and refugees within their territories, incorporate core principles of international refugee law, including the principle of non-refoulement. This principle—enshrined in the 1951 Refugee Convention and reflected in domestic legislation across the three jurisdictions—prohibits the forcible return of individuals to any country where they may face persecution, torture, or serious harm. It serves as a fundamental safeguard for all forcibly displaced persons (FDPs), ensuring that host states respect their international and regional protection obligations.
While these legal frameworks are comprehensive in defining protection within the host territory, they do not explicitly address the right of individuals to leave their country of origin. However, they do not impose restrictions on those who voluntarily choose to depart, provided that such movement complies with existing immigration laws, border procedures, and international travel requirements. This approach aligns with general human rights principles, including freedom of movement as outlined in Article 12 of the International Covenant on Civil and Political Rights (ICCPR).
In practice, recognized refugees in Somalia, Somaliland, and Puntland are permitted to leave the territory at their own will, consistent with their rights under international refugee protection standards. This ensures that individuals are not forcibly confined within host states and may pursue resettlement, education, employment, or family reunification opportunities abroad. The ability of refugees to depart legally is typically facilitated through the issuance of Convention Travel Documents (CTDs) or other appropriate travel documents, subject to applicable legal and security procedures.
The commitment to upholding non-refoulement and respecting the freedom of voluntary departure underscores the efforts of Somalia, Somaliland, and Puntland to align their legal systems with global standards on refugee protection, even in contexts of limited resources and complex security environments. Continued engagement with UNHCR, civil society, and international partners remains vital to supporting implementation and ensuring that the rights of refugees and asylum seekers are not only protected within the host state but also respected across borders.
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 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.
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
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.
Somali Immigration Act
- Year: 2023
- Type: Domestic law
- Rights Category: Freedom of movement, Documentation
Legal provision
Article 48 - Travel Exit Conditions
1. Somali citizens can leave Somalia freely, unless restricted by a court order. 2. A valid passport & visa is required for international travel. 3. Expired passports cannot be used for travel.