Liberty & security of person

The Federal Government of Somalia and Somaliland have established legal frameworks that prohibit arbitrary detention and uphold the right to liberty and security for all individuals, including refugees, asylum seekers, and stateless persons. Key instruments such as Somalia’s Provisional Constitution, the Puntland Constitution, and Somaliland’s Refugees and Asylum Seekers Act align with international standards by ensuring that individuals may not be deprived of liberty except in accordance with the law.

Despite these legal safeguards, violations are widespread. Refugees and asylum seekers are frequently subjected to arbitrary arrests and detention, particularly during security operations in Puntland and Somaliland targeting undocumented migrants or individuals suspected of extremism. These detentions often occur without due process and, in some cases, result in deportations carried out without legal review or procedural safeguards.

Both Somalia and Somaliland provide legal guarantees for detainees, including the right to be informed of the reasons for detention, access to legal counsel, and judicial oversight. Legal aid services, often provided through partnerships with UNHCR and local legal aid organizations, are available in theory. However, these safeguards are inconsistently applied. Many detainees are unaware of their rights, do not have access to interpreters, and face significant delays in accessing judicial processes.

While alternatives to detention—such as reporting requirements or community-based accommodation—are permitted by law, they are rarely implemented. Authorities frequently resort to detention even when less restrictive measures would suffice. Although children should not be detained for immigration-related reasons, unaccompanied minors are sometimes held in adult facilities due to the absence of adequate child protection systems.

Legal provisions mandate humane treatment in detention, including access to healthcare and the separation of immigration detainees from criminal offenders. However, detention facilities are often overcrowded, poorly maintained, and lack basic services. Vulnerable groups, including women, children, and persons with disabilities, are particularly at risk of abuse and neglect. While laws require vulnerability assessments, these are seldom conducted in practice.

Refugees and asylum seekers have a formal right to challenge detention and pursue administrative or judicial remedies. Yet legal illiteracy, fear, corruption, and weak institutional capacity often block access to justice. Many detainees remain unaware of available legal channels, and courts may lack independence or be physically inaccessible.

Legal protections against gender-based violence (GBV) and trafficking are enshrined in national laws, with mandated services such as shelters, legal aid, and medical support. Nonetheless, enforcement is weak, and survivors face stigma and limited access to care. Children and minority groups are especially vulnerable to abuse, with minimal redress options available.

Although legal frameworks outline permissible grounds and maximum timeframes for immigration detention, vague enforcement and lack of clear procedures contribute to arbitrary and prolonged detentions, undermining the formal rights protections in place.