Date of publication:
01/07/2026
Somalia
Do domestic laws and policies provide forcibly displaced and stateless persons with access to administrative or judicial remedies when they are denied the registration of vital events or the recognition, issuance, or replacement of civil, identity and tr
Assessment by population
Analysis
The Federal Government of Somalia and the Somaliland administration have established legal and policy frameworks that uphold the right of all individuals—including forcibly displaced persons (FDPs) such as internally displaced persons (IDPs) and refugee-returnees—to access civil registration systems and obtain official recognition of vital events, including birth, marriage, divorce, and death. Importantly, these frameworks provide administrative and judicial remedies for individuals who are denied recognition or documentation, ensuring that legal identity and civil status can be pursued through formal recourse mechanisms.
Both Somalia and Somaliland recognize that access to civil documentation is essential for the realization of a wide range of legal and socioeconomic rights, including access to healthcare, education, inheritance, social protection, and justice. In cases where civil registration requests are denied or delayed, individuals have the right to file administrative appeals with relevant civil registration authorities or pursue judicial remedies through national or regional courts. These pathways are supported by domestic laws that affirm the right to identity and due process, enabling individuals to challenge denials, correct records, or seek the issuance of missing documentation.
In Somalia, the evolving civil registration framework—guided in part by the National Civil Registration and Vital Statistics (CRVS) Policy (2021)—outlines principles of accessibility, non-discrimination, and legal redress, encouraging accountability within registration services. In Somaliland, local civil authorities and judicial bodies are similarly empowered to review civil registration decisions, resolve disputes, and uphold the rights of individuals to secure vital records, including those displaced by conflict or disaster.
These mechanisms are further supported by legal aid providers, community paralegals, and humanitarian partners, who assist displaced persons in navigating the administrative and legal processes required to assert their identity and family status. Ongoing efforts to strengthen legal awareness, train registry officials, and streamline complaint and appeal procedures aim to make these remedies more accessible, especially for vulnerable groups with limited legal literacy or documentation.
By ensuring that accessible recourse mechanisms are in place, both Somalia and Somaliland are reinforcing the rule of law, promoting inclusive governance, and advancing the right to identity for all individuals, including those affected by displacement.
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 107 - Judicial Procedure
(1) Judicial proceedings shall be open to the public, but the courts may decide, in the interests of ethics, national security, the protection of witnesses, in cases involving juveniles, or concerning rape, that the proceedings be held in private. (2) No judicial decision shall be made unless all parties have had the opportunity to present their case. (3) Reasons shall be given for all judicial decisions
Article 105 - The Judicial Authority of the Federal Republic of Somalia
(1) Judicial authority is vested in the courts. (2) The judicial structure shall be regulated in a law enacted by the Federal Parliament
Article 106 - Judicial Independence
(1) The judiciary is independent of the legislative and executive branches of government whilst fulfilling its judicial functions. Members of the judiciary shall be subject only to the law. (2) No civil or criminal proceedings shall be instituted against a judge in respect of the exercising of any judicial function. (3) The home or person of a judge cannot be searched without the authorization of the Judicial Service Commission.
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 31 - The Right to Own Private Property
1. Every person shall have the right to own private property, provided that it is acquired lawfully. 2. Private property acquired lawfully shall not be expropriated except for reasons of public interest and provided that proper compensation is paid. 3. The law shall determine matters that are within the public interest, which may bring about the expropriation of private property
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 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
Principal 8.5 - Documentation of refugee-returnees and IDPs
In matters of legal dispute, refugee-returnees and IDPs should have the same access to justice as any other citizen of Somalia, without prejudice.