Date of publication:
01/07/2026
Somalia
Do domestic laws and policies provide for protection from expulsion of refugees?
Assessment by population
Analysis
The Federal Government of Somalia and Somaliland's domestic laws and policies provide explicit protections against the removal of individuals to territories where they may face serious human rights violations, aligning with international legal frameworks. Both jurisdictions uphold the principle of non-refoulement, ensuring that no asylum-seeker or refugee is forcibly returned to a country where their life, freedom, or physical integrity would be at risk due to persecution, torture, external aggression, or generalized violence. Somalia's Refugees and Asylum Seeker's Law, Puntland’s Refugee Protection Law and Somaliland’s Refugees and Asylum Seekers Law reinforce these protections by prohibiting expulsion or return when such risks exist. These legal frameworks recognize that removal to unsafe territories would constitute a breach of fundamental human rights obligations, thereby ensuring compliance with international refugee law and human rights standards.
Related provisions of domestic law or policy
Puntland IDP Guidelines
- Year: 2011
- Type: Domestic policy
- Rights Category: Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
Legal provision
Section 9.1 - Protection of Freedom of Movement and Choice of Residence
The Puntland Government respects and protects the right to freedom of movement and choice of residence for IDP women, girls, boys and men in accordance with the Constitution, international human rights and humanitarian law standards and shall allow IDPs to: a) Move freely in and out of IDP settlements; b) Seek safety in another part of the country; c) Leave the country; d) Seek asylum in another country; and e) Be protected against forced return to or settlement in any place where their life, safety, liberty and /or health would be at risk.
Puntland Refugee Protection Law
- Year: 2016
- 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 7 - Prohibition of expulsion, “non-refoulement”
No person shall be refused entry into Puntland or extradited from Puntland or returned to any other country or subjected to any similar measure if as a result of such refusal, expulsion or turn or any other measure, such person is compelled to return in a country where: (a) he may be subject to persecution or torture on account of his race, tribe, religion, nationality, membership of a particular social group or political opinion or (b) his life, physical integrity or liberty would be threatened on account of external aggression, occupation, foreign domination or events seriously disturbing public order in part or the whole of that country.
Article 14 - Legal Immigrant Status
Any person whose application for refugee status and asylum has been rejected in accordance with this Law shall be deemed to be a legal immigrant and shall be dealt with in accordance with the provisions of the Immigration laws of Puntland unless such person has been accorded a mandate refugee status by UNHCR pending his resettlement or relocation by UNHCR to another country within a specified period.
Protection and Assistance to Internally Displaced Persons Bill
- Year: 2021
- Type: Domestic law
- Rights Category: Education, Freedom of movement, Health, Housing, land & property, Social protection, Work & Workplace rights, Family life, Documentation
Legal provision
Article 12 - Protective Measures
To not be forcibly returned or resettled to a place where their safety, liberty, or health may be at risk, in accordance with Principle 15(a)(d) of the Guiding Principles and Article 9(2)(e) of the Kampala Convention.
Somalia Refugees and Asylum Seekers Law
- Year: 2023
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
Legal provision
Article 5 - Somalia Refugee Law
Non-refoulement (prohibition of forced return
Article 19.1 - Rights of Asylum Seekers
An asylum seeker who has applied for refugee status under Article 8 has the right to remain in the Federal Republic of Somalia: - Until the Committee makes a decision on their application. - If their application is denied, until they have exhausted all administrative and legal remedies
Article 18.1 - Somalia Refugee Law:
Any person who meets the criteria set out in Article 11 of this law has the right to enter the country and seek asylum.
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 5 - Principles and Basis of the Act
Properly dealing with them, and not repatriating them forcibly.