Date of publication:
04/09/2025
Somalia
Do domestic laws and policies specify the grounds for immigration and displacement-related detention?
Assessment by population
Analysis
The Federal Government of Somalia and the Somaliland administration have established legal frameworks that clearly define the specific grounds under which immigration-related detention may be applied, ensuring that such measures are not imposed arbitrarily. Legal provisions outline permissible circumstances for detention, including threats to national security, violations of immigration laws, or failure to comply with lawful entry and stay procedures. These frameworks are designed to ensure that detention decisions are based on lawful and justifiable criteria, in line with due process guarantees. Both jurisdictions mandate that individuals subjected to immigration detention must be promptly informed of the reasons for their detention and be granted access to legal assistance and the opportunity to challenge the lawfulness of their detention through judicial or administrative review. These safeguards reflect adherence to international legal standards, such as the International Covenant on Civil and Political Rights (ICCPR) and UNHCR’s Detention Guidelines, reinforcing the commitment of both Somalia and Somaliland to protecting the rights and liberties of all individuals within the context of immigration enforcement.
Related provisions of domestic law or policy
Somali Immigration Act
- Year: 2023
- Type: Domestic law
- Rights Category: Freedom of movement, Documentation
Legal provision
Article 37 - Undesirable Foreigners
A foreigner may be denied entry or deported if: 1. They violate Somali laws or pose a security risk. 2. They engage in drug trafficking, human trafficking, or illegal trade. 3. They carry weapons or explosives illegally. 4. They suffer from dangerous infectious diseases. 5. They enter Somalia illegally. 6. Their asylum application has been denied. 7. They threaten public order or national security.