Date of publication:

01/09/2026

Somalia

Do domestic laws and policies provide forcibly displaced and stateless persons who face violations of their right to social protection with access to effective administrative or judicial remedies?

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Analysis

The Federal Government of Somalia and the Somaliland administration are progressively working toward the development of comprehensive social protection systems that encompass both social assistance and social insurance for vulnerable populations, including forcibly displaced persons (FDPs). While notable strides have been made in policy development and institutional capacity-building, mechanisms for individuals to seek redress for violations of their social protection rights are still emerging and not yet fully institutionalized.

In Somalia, the National Social Protection Policy (2019) articulates the government’s commitment to supporting individuals and households facing poverty, displacement, and other forms of vulnerability. The policy outlines the strategic vision for delivering social transfers, safety nets, and basic services to those in need, particularly in fragile and conflict-affected areas. However, it does not currently include detailed provisions for administrative or judicial remedies in cases where individuals are denied access to social assistance. The absence of a consolidated legal framework and implementing legislation for social protection limits the ability of affected individuals to pursue formal redress through the courts or administrative bodies.

In Somaliland, efforts to improve access to justice and the rule of law are gaining momentum through initiatives such as the Expanding Access to Justice (EAJ) program, which seeks to enhance the quality and availability of legal services across communities. While these efforts contribute to broader institutional strengthening and legal empowerment, there are currently no explicit mechanisms tailored to address grievances related specifically to social assistance or social protection entitlements. As a result, individuals whose access to social protection is compromised may find limited pathways for appealing decisions or seeking legal remedies.

    LAW & POLICY

    Related provisions of domestic law or policy

    Somaliland Social Protection Policy

    Legal provision

    Somaliland Social Protection Policy - Generic

    Somaliland Social Protection Policy - Generic

    Somalia Social Protection Policy

    Legal provision

    Somalia Social Protection Policy - Generic

    Somalia Social Protection Policy - Generic

    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 27.3 - Economic and Social Rights

    Every person has the right to full social security

    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 39.1 - 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.

    Expanding Access to Justice (EAJ) Program:

    Legal provision

    Expanding Access to Justice (EAJ) Program: - Generic

    Expanding Access to Justice (EAJ) Program: - Generic