Date of publication:
01/08/2026
Somalia
Do domestic laws and policies protect forcibly displaced and stateless persons from discrimination on any grounds?
Assessment by population
Analysis
The Federal Government of Somalia and Somaliland have both enshrined the principle of non-discrimination in their respective constitutions, reflecting a formal commitment to equality before the law. These constitutional guarantees underscore the importance of inclusive governance and equal protection, but their scope is largely confined to citizens, offering limited explicit safeguards for non-citizens, including refugees, asylum seekers, stateless persons, and internally displaced persons (IDPs).
In Somalia, the Provisional Constitution of 2012 articulates this commitment in Article 11, which affirms: “All individuals 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.” While the provision strongly asserts the principle of equality, it is clearly citizen-centric, lacking specific references to non-citizens or forcibly displaced persons, whose legal and social vulnerabilities may require heightened protection.
Similarly, the Constitution of Somaliland upholds non-discrimination in Article 8, which states: “The State shall not discriminate against any person on the grounds of color, clan, birth, language, gender, property, status, opinion, religion, or political inclination.” Although the wording here is somewhat broader, and refers to “any person,” its interpretation and application in practice has largely focused on citizenship-based rights, with limited formal recognition of the protection needs of refugees, stateless persons, and IDPs. Neither constitutional framework includes specific protections for non-citizens or articulates positive obligations to prevent discrimination against displaced populations, many of whom fall outside the purview of citizenship-based legal entitlements.
Despite these constitutional principles, forcibly displaced populations—especially IDPs and stateless persons—continue to face systemic discrimination and human rights violations in both Somalia and Somaliland. Numerous reports document instances of forced evictions, gender-based violence, and barriers to accessing essential services, such as housing, education, healthcare, and legal redress. These challenges are particularly acute in informal settlements, where legal ambiguity, weak rule of law, and discriminatory social attitudes exacerbate the exclusion of displaced persons from public services and protection mechanisms.
Related provisions of domestic law or policy
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.
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.
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
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
Article 4.2 - Roles and Responsibility
IDPs shall enjoy the same rights and freedoms as all other nationals and, in particular, should not be discriminated against in the enjoyment of any rights and freedoms on the grounds that they are internally displaced.
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.