Date of publication:
01/08/2026
Somalia
Do domestic laws and policies provide forcibly displaced and stateless persons with access to administrative or judicial remedies regarding decisions on the right to family life, including family reunification?
Assessment by population
Analysis
The Federal Government of Somalia and the Somaliland administration recognize the importance of family reunification as a fundamental aspect of protecting the rights and dignity of individuals, including forcibly displaced persons (FDPs) such as internally displaced persons (IDPs), refugees, and returnees. Domestic laws and policies in both jurisdictions provide avenues for individuals to seek administrative and judicial remedies in the event that family reunification applications are denied. While the specific legal instruments and procedural mechanisms may differ between the two contexts, both regions uphold the right to challenge adverse decisions through established legal and institutional frameworks.
In Somaliland, for example, the judicial system includes District Courts with jurisdiction over family law matters. These courts offer individuals a formal platform to appeal or review decisions related to personal status, guardianship, marriage, and family reunification. Through these proceedings, applicants are afforded the opportunity to present their case, ensuring that family-related decisions are subject to legal scrutiny and due process.
In support of these national systems, international and humanitarian organizations—such as the United Nations High Commissioner for Refugees (UNHCR)—play an important role in ensuring access to justice and procedural fairness. UNHCR provides counseling, legal information, and technical support to applicants navigating the reunification process. By helping individuals understand their rights and available remedies, these actors contribute to strengthening the overall protection environment and ensuring that family reunification procedures remain accessible, fair, and rights-compliant.
Related provisions of domestic law or policy
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 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 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 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 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.
Constitution of the Republic of Somaliland
- Year: 2001
- 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/2001/en/72769
Legal provision
Article 28.2 - Right to Sue and Defend
Every person shall have the right to defend himself in a court.
Article 28.1 - Right to Sue and Defend
Every person shall have the right to institute proceedings in a competent court in accordance with the law.
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 37 - Access to Justice
Everyone who has been recognized as a refugee or asylum seeker has the right to access justice and an independent judiciary.