Date of publication:
04/09/2025
Somalia
Do domestic laws and policies recognize the right to adequate housing?
Assessment by population
Analysis
The Federal Government of Somalia and the Somaliland administration recognize the right to adequate housing as a fundamental component of human dignity and social protection. Domestic laws and policy frameworks emphasize key elements such as security of tenure, access to shelter, and equitable land allocation. The Provisional Constitution of Somalia (2012) explicitly upholds the right to adequate housing and the protection of property rights, while Somaliland’s legal and policy instruments similarly support access to land and housing, particularly for vulnerable groups affected by displacement.
For forcibly displaced persons (FDPs), including internally displaced persons (IDPs) and refugee-returnees, both governments have developed policies and initiatives aimed at addressing land disputes, facilitating voluntary resettlement, and providing housing assistance. These efforts are often implemented in collaboration with UN agencies, non-governmental organizations (NGOs), and local authorities, creating a multi-stakeholder approach to durable solutions. Special measures—including temporary shelters, subsidized housing programs, and legal aid services for property and land claims—are designed to ensure that displaced populations can transition from emergency accommodation to stable, long-term housing arrangements.
These frameworks reflect a broader commitment to inclusive development and social reintegration, recognizing housing as not only a basic human need but also a critical enabler of protection, recovery, and resilience for displaced communities. Ongoing collaboration between government actors and humanitarian partners continues to strengthen institutional capacity and improve access to housing rights for all, including those affected by conflict and displacement.
Related provisions of domestic law or policy
National Eviction Guidelines
- Year: 2019
- Type: Other
- Rights Category: Housing, land & property
- Link to external source: https://www.regionaldss.org/e-library/national-eviction-guidelines/#:~:text=These%20Guidelines%20make%20provision%20for,to%20adequate%20housing%20and%20other
Legal provision
National Eviction Guidelines - Generic
National Eviction Guidelines - Generic
National Policy on Refugee-Returnees and internally Displaced Persons
- Year: 2019
- Type: Domestic policy
- 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/policy/strategy/natlegbod/2019/en/122553
Legal provision
Principle 6.1 - Right to an adequate standard of living
All refugee-returnees and IDPs have the right, like any other citizen, to an adequate standard of living, and regardless of any circumstances and without discrimination they shall be provided with: a. essential food and potable water; b. basic shelter and housing; c. essential medical services and sanitation; d. basic education; and e. personal security.
Interim Protocol on Land Distribution for Housing to Eligible Refugee-Returnees and Internally Displaced Persons
- Year: 2019
- Type: Other
- Rights Category: Housing, land & property
- Link to external source: https://www.refworld.org/legal/decreees/natlegbod/2019/en/122889
Legal provision
Interim Protocol on Land Distribution for Housing to Eligible Refugee-Returnees and Internally Displaced Persons - Generic
Interim Protocol on Land Distribution for Housing to Eligible Refugee-Returnees and Internally Displaced Persons - Generic
National Durable Solutions Strategy (2020-2024)
- Year: 2020
- Type: Other
- Rights Category: Nationality & facilitated naturalization, Work & Workplace rights
- Link to external source: https://data.unhcr.org/en/documents/details/85880
Legal provision
National Durable Solutions Strategy (2020-2024) - Generic
National Durable Solutions Strategy (2020-2024) - Generic
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.
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 33 - Accommodation
Anyone who is recognized as a Refugee or Asylum Seeker may have accommodation or another designated place to reside.
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 23 - Temporary Solution
The temporary solution is intended to improve the living conditions and livelihoods of the displaced persons until a durable solution is realized. Temporary solutions may include provision of money donations, rental or temporary housing or rented land
Somaliland IDP Policy Framework
- Year: 2015
- Type: Domestic policy
- Rights Category: 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
Section 5.12 - Land, property and possession
The Government shall respect and protect the property rights of internally displaced persons (IDPs), ensuring no one is arbitrarily deprived of land, possessions, or other property. IDPs shall have the right to: Own property, including land, homes, businesses, and livestock; Be deprived of property only in accordance with the law; Have abandoned property protected by the State; Receive government assistance in reclaiming lost property as part of restitution; Obtain replacement of lost documentation; Be allocated land and shelter where necessary; Access a property registration system for claims and dispute resolution; and Utilize traditional dispute resolution mechanisms.