Date of publication:

08/21/2025

Somalia

Do domestic laws and policies provide forcibly displaced and stateless persons with access to administrative or judicial remedies when they are denied access to education?

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Analysis

The Federal Government of Somalia and Somaliland have established domestic legal and policy frameworks that recognize education as a fundamental right and provide individuals, including forcibly displaced persons (FDPs) such as internally displaced persons (IDPs) and refugee-returnees, with the ability to seek administrative or judicial remedies if access to education is denied. These frameworks are grounded in national constitutions, education laws, and policies that affirm the state's responsibility to uphold the right to education without discrimination.

In Somalia, the Federal Education Act (2017) and the National Policy on Refugee-Returnees and Internally Displaced Persons (2019) explicitly recognize the entitlement of all children, including displaced populations, to basic education. The legal framework enables individuals to file complaints through education authorities or pursue legal action through courts if they face exclusion from education services. Similarly, in Somaliland, the Refugee and Asylum Seekers Act of 2023 and the Education Policy include provisions that ensure equal access to public services, including education, and reinforce the right to redress in cases of rights violations.

Both jurisdictions also work in partnership with civil society organizations and legal aid providers to support displaced persons in navigating administrative processes and accessing justice. These remedies may involve appealing school admissions decisions, addressing discrimination in education settings, or challenging systemic barriers. The inclusion of legal pathways to contest the denial of educational access reflects a broader commitment to upholding education as a right for all individuals, including those affected by displacement, in line with international human rights and refugee protection standards.

    LAW & POLICY

    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 39.1 - Redress of Violations of Human Rights

    The law shall provide for adequate procedures for redress of violations of human rights.

    Article 39.2 - Redress of Violations of Human Rights

    Redress of violations of human rights must be available in courts that the people can readily access.

    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 28.2 - Right to Sue and Defend

    Every person shall have the right to defend himself in a court.

    Article 28.1 - Right to Sue and Defend

    Every person shall have the right to institute proceedings in a competent court in accordance with the law.

    National Education Policy

    Legal provision

    National Education Policy

    NATIONAL EDUCATION POLICY - Generic