Date of publication:
01/07/2026
Somalia
Do domestic laws and policies provide for the “inclusion criteria” in the 1951 Refugee Convention definition of a refugee, and, where applicable, broader regional definitions, or other definitions?
Assessment by population
Analysis
The Federal Government of Somalia and Somaliland incorporate both the 1951 Refugee Convention definition and the broader 1969 OAU Convention definition into their domestic legal frameworks. The Somalia Refugees and Asylum Seekers Law and The Puntland Refugee Protection Law and Somaliland’s Refugees and Asylum Seekers Law define refugees as individuals fleeing persecution, war, or events seriously disturbing public order, aligning with international and regional legal standards. By adopting both instruments, Somalia and Somaliland provide protection not only to those escaping individual persecution but also to those fleeing generalized violence or mass displacement, in accordance with international best practices.
Related provisions of domestic law or policy
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 3.1 - Meaning of Refugee
A person shall be regarded a Refugee for the purpose of this Law if such person a) Owing to a well-founded fear of being persecuted for reasons of race, religion, sex, nationality, membership of a particular social group or political opinion is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it; or b) Owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or whole of his country of origin or nationality is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality.
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 21 - Qualifications for Refugee Status
A person is entitled to be granted Refugee status under this Act if: (a) He has crossed an international border and arrived at the border of the Republic of Somaliland, and has a substantial fear based on the punishment he has faced or is afraid of being punished for reasons related to his ethnicity, nationality, religion, gender, and his political opinion, and he is unable or unwilling to return to his country.
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 3: Definitions
Refugee refers to an individual or group fleeing with a well-founded fear of harm due to race, religion, nationality, membership in a particular social group, or political opinion, who is outside their country of origin and unable or unwilling to avail themselves of the protection of their country. This person is recognized as a refugee under this law or under international or regional human rights law that Somalia adheres to.