Date of publication:
04/22/2025
Somalia
Do domestic laws and policies provide the right of recourse to effective administrative or judicial remedies, for forcibly displaced and stateless persons who are denied the choice of residence?
Assessment by population
Analysis
The Federal Government of Somalia and the government of Somaliland have established domestic legal frameworks that provide for judicial and administrative remedies for individuals denied the right to freely choose their place of residence. In Somalia, the 2012 Provisional Constitution guarantees access to justice for all, including for violations related to freedom of residence, while the 2019 National Policy on Refugee-Returnees and Internally Displaced Persons outlines mechanisms to address forced relocation and land disputes. The National Commission for Refugees and IDPs (NCRI) plays a central role in promoting these legal remedies and supporting affected populations. In Somaliland, the 2001 Constitution and Land Law enable individuals to seek redress for denial of residence or land-related displacement, and the 2023 Somaliland Refugee and Asylum Seekers Act provides legal protections for refugees, though it excludes undocumented migrants from full entitlements. Legal assistance is further reinforced through partnerships with UNHCR and legal aid clinics affiliated with the University of Hargeisa. In Puntland, legal provisions recognizing residence rights are in place, and UNHCR, through its partner Kullow, offers legal aid to refugees and asylum seekers pursuing judicial remedies related to residence. These frameworks collectively demonstrate a commitment to upholding legal protections and offering avenues for redress, reinforcing the right to choose one's place of residence within the region.
Related provisions of domestic law or policy
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 23.2 - Freedom of Movement and Association
The matters (rights) set out in Clause 1 of this Article are subject to any law which forbids the movement to or settlement at specific places or during specific times.
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.
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.
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.
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 37 - Access to Justice
Everyone who has been recognized as a refugee or asylum seeker has the right to access justice and an independent judiciary.