Date of publication:

01/08/2026

Somalia

Do domestic laws and policies protect forcibly displaced and stateless persons from harm and discrimination on the basis of their ethnic, religious, political, sexual or gender identity or orientation?

ANALYSIS

Assessment by population

Assessment by population
IDPs
Refugees
Asylum-seekers
Analysis

The Federal Government of Somalia and Somaliland have legal frameworks that uphold the right of all individuals, including refugees, asylum seekers, and stateless persons, to access justice and report crimes such as harassment, threats, and rights violations. These frameworks guarantee the right to legal representation and the ability to seek redress through both administrative and judicial channels. National laws mandate that all individuals, regardless of status, have the right to due process and to challenge violations of their rights before competent and impartial authorities. Law enforcement agencies, in coordination with national human rights institutions, are tasked with receiving complaints, conducting investigations, and ensuring accountability for abuses, in line with international legal standards such as the International Covenant on Civil and Political Rights (ICCPR).

In South and Central Somalia, UNHCR works closely with the National Commission for Refugees and IDPs (NCRI) to advocate for the rights of forcibly displaced persons, including support for those unlawfully detained or denied access to justice. In Puntland, legal aid services are facilitated by Kullow, a legal aid partner that provides refugees and asylum seekers with legal advice, representation, and support in navigating the justice system. In Somaliland, legal aid clinics—established in partnership with the University of Hargeisa—offer critical legal support to displaced persons, ensuring they are able to pursue judicial remedies and assert their rights effectively. These coordinated efforts across regions reinforce a broader commitment to ensuring that all individuals, regardless of nationality or legal status, are protected under the rule of law and have meaningful access to justice.

    LAW & POLICY

    Related provisions of domestic law or policy

    Protection and Assistance to Internally Displaced Persons Bill
    • Year: 2021
    • Type: Domestic law
    • Rights Category: Education, Freedom of movement, Health, Housing, land & property, Social protection, Work & Workplace rights, Family life, Documentation

    Legal provision

    Article 11 - Protection and Assistance

    1. The National Commission for Refugees and IDPs shall: a) Provide protection and assistance, including providing sustainable solutions, to all internally displaced persons and communities affected by displacement, regardless of the cause and location of displacement. b) Provide protection and assistance, including providing sustainable solutions, to all internally displaced persons without discrimination as to any type of displacement as stipulated in Article 11 of the Provisional Constitution of the Federal Republic of Somalia, such as gender (male, female), political or any other affiliation, country of origin, legal, social status, age, disability, nationality, or due to displacement, or any other similar condition , as per Principle 4(1) of the Guiding Principles and Article 9(1)(a) of the Kampala Convention. c) Ensure special protection for internally displaced persons who have special needs, including children, especially unaccompanied children, pregnant mothers, mothers with young children, women responsible for families, people with disabilities, and the elderly, in accordance with Principle 4 (2) of the Guiding Principles. d) Work with relevant government institutions to ensure that anyone found guilty of an offense under this Act does not escape justice

    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 11 - Equality

    (1) All citizens, regardless of sex, religion, social or economic status, political opinion, clan, disability, occupation, birth or dialect shall have equal rights and duties before the law. (2) Discrimination is deemed to occur if the effect of an action impairs or restricts a person’s rights, even if the actor did not intend this effect. (3) The State must not discriminate against any person on the basis of age, race, colour, tribe, ethnicity, culture, dialect, gender, birth, disability, religion, political opinion, occupation, or wealth. (4) All State programs, such as laws, or political and administrative actions that are designed to achieve full equality for individuals or groups who are disadvantaged, or who have suffered from discrimination in the past, shall not be deemed to be discriminatory.

    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

    Principal 6.3 - Protection from displacement

    Special measures must be taken to protect against displacement of minorities, pastoralists and other groups with a special dependency on, and attachment to, their lands

    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 5 - Non-discrimination

    1. This law shall be applied without discrimination as to race, religion, tribe, nationality, membership of a particular group, or political opinion. 2. The protection and assistance to Refugees should be provided without discrimination as stipulated in subarticle 5(1).

    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 8 - Equality of Citizens

    1. All citizens of Somaliland shall enjoy equal rights and obligations before the law, and shall not be accorded precedence on grounds of colour, clan, birth, language, gender, property, status, opinion etc. 2. Precedence and discrimination on grounds of ethnicity, clan affiliation, birth and residence is prohibited; and at the same time programmes aimed at eradicating long lasting bad practices shall be a national obligation. 3. Save for the political rights reserved for citizens, foreigners lawfully resident in Somaliland shall enjoy rights and obligations before the law equal to those enjoyed by citizens.

    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 17: Right to Equality and Non-Discrimination

    1. All persons are equal before the law and have the right to equal protection without discrimination. 2. Without prejudice to Paragraph (1), asylum seekers and refugees must not be subjected to direct or indirect discrimination on any grounds, including age, race, color, gender, disability, region, nationality, membership in a particular social group, or political opinion.