Date of publication:
01/08/2026
Somalia
Do domestic laws and policies provide forcibly displaced and stateless persons the right to move freely within the country?
Assessment by population
Analysis
The Federal Government of Somalia and the Somaliland administration recognize freedom of movement as a fundamental right for refugees and asylum seekers, as provided under their respective refugee laws and policies. These legal frameworks aim to balance the rights of forcibly displaced persons (FDPs)—including refugees and asylum seekers—with the sovereign authority of the state to regulate movement in the interest of national security and public order.
In Somalia, the Refugees and Asylum Seekers Act grants refugees and asylum seekers the right to move freely within the country. However, it also allows the government to impose restrictions where necessary to preserve public safety or national interests. In practice, this may involve directing individuals to reside in designated settlement areas, especially in regions affected by ongoing conflict or insecurity.
In Somaliland, the Refugees and Asylum Seekers Law similarly upholds the right to freedom of movement but grants authorities the discretion to house asylum seekers in temporary or permanent settlements as needed. This approach is designed to ensure adequate service delivery, facilitate protection monitoring, and manage population flows in a context where resources and infrastructure may be limited.
In Puntland, the Refugee Protection Law adopts a comparable approach by recognizing the principle of freedom of movement while permitting regulated settlement in specific areas. However, the implementation of this right has been further constrained by security dynamics in the region. Ongoing counter-insurgency operations targeting ISIS-affiliated groups have led to heightened security measures that, in some cases, limit the ability of refugees and asylum seekers to travel freely within Puntland. These restrictions are typically framed as temporary security precautions, but they may have lasting implications for displaced persons seeking to access services, reunify with family, or pursue livelihoods outside of designated areas.
While the legal provisions across all three jurisdictions reflect alignment with international protection norms, the practical application of freedom of movement remains subject to evolving security considerations, institutional capacity, and the availability of alternative protection arrangements. Continued engagement with UNHCR, civil society, and local communities is essential to ensure that any restrictions are proportionate, lawful, and time-bound, and that refugees can continue to exercise their rights in a manner consistent with both domestic law and international obligations.
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 - 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: c. the right to own secure land and property;
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 23.1 - 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.
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.
Puntland Refugee Protection Law
- Year: 2016
- 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 31.1 - Identification document
Every Refugee and Asylum-seeker who presents himself to the Refugee Affairs Department Office in accordance with Article 9 shall: - a) be issued with an Identification Card in the prescribed form. b) be permitted to remain or move freely throughout Puntland subject to reasonable restrictions as may be imposed by the Minister
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 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.