Date of publication:
01/08/2026
Somalia
Do domestic laws and policies allow forcibly displaced and stateless persons to own, lease, rent or inherit housing and land?
Assessment by population
Analysis
The Federal Government of Somalia and the Somaliland administration generally permit individuals—including forcibly displaced persons (FDPs), such as internally displaced persons (IDPs) and refugee-returnees—to acquire, use, and transfer both movable and immovable property in accordance with domestic laws and policies. These frameworks reflect a commitment to upholding property rights as a key aspect of social and economic reintegration for displaced populations.
In Somaliland, property ownership is governed primarily by the Urban Land Management Law (Law No. 17/2001), which establishes clear procedures for land allocation, registration, and transfer. The law allows both citizens and foreigners to purchase and sell property, and provides legal safeguards to uphold ownership rights. This framework supports urban development and ensures tenure security, particularly in growing municipalities where many returnees and displaced families settle.
In Somalia, the Provisional Constitution (2012) affirms the right to own property and obliges the state to protect this right. While comprehensive legislation regulating land acquisition is still under development, existing laws provide a foundation for property transactions. Notably, the Agricultural Land Law of 1975—which abolished private ownership of agricultural land and vested it in the state—remains a historical reference point, although its practical enforcement has evolved. In contemporary practice, individuals may acquire land through leasehold arrangements, with growing emphasis on registration and legal documentation.
Importantly, in both Somalia and Somaliland, customary law (xeer) and Islamic principles continue to play a significant role in governing property rights, particularly in rural areas and among pastoralist communities. These traditional systems often operate in parallel with formal legal mechanisms, offering culturally recognized processes for land access, inheritance, and dispute resolution. The coexistence of statutory, customary, and religious frameworks contributes to a pluralistic property rights environment, which, while complex, provides multiple avenues through which FDPs can access and secure property.
Related provisions of domestic law or policy
Public Procurement, Concessions, and Disposal Act
- Year: 2015
- Type: Domestic law
- Rights Category: Housing, land & property
- Link to external source: https://mof.gov.so/sites/default/files/2018-09/Public%20Procurement%2C%20Concession%20and%20Disposal%20Act%202015.pdf
Legal provision
Article 37 - Functions of the Authority
1. The Authority shall in furtherance of the Act perform the following functions: a. Disseminate information related to this Act b. Monitor and enforce compliance with this Act c. Formulate, promote, support, and implement capacity-building programs d. Formulate policy and standards for procurement, disposal, and concession 24 e. Develop and issue procurement, disposal, and concession standard documents f. Review and assess the operations of public procurement, disposal, and concession and make improvements as and when necessary g. Prepare an annual report on the overall functioning of the public procurement, disposal, and concession system, including a profile of procurement activities, to be presented to the Minister to be tabled before Parliament h. Conduct, at least annually, a public procurement forum bringing together public sector, private sector, members of public, and development partners to address issues related to public procurement i. Publish a quarterly bulletin on public procurement, disposal, and concession, which shall include as applicable, procurement notices, notices on concessions, list of debarred firms, notices of invitation to bid, and information on contract awards; and a list of complaints and appeals received and their outcomes j. Advise Government on issues related to this Act k. Investigate and debar from participating in public procurement, disposal, and concession any bidders who have committed fraud and corruption pursuant to Article 15 or who have seriously neglected their obligations under a public procurement disposal and concession contract or done anything in contravention of this Act l. Maintain a list of suppliers, contractors, consultants, and prospective bidders who have been debarred from public procurement disposal and concession and communicate the list to procurement entities on a regular basis m. Conduct in accordance with Articles 120 and 121, independent inspections and reviews of complaints and appeals related to the procurement process other than complaints related to its own procurement as under this Act and Regulations and make decisions thereon. Complaints arising from procurement undertaken by the Authority will be reviewed by a competent panel as stipulated in the Regulation. n. Provide interpretations of the Act and other instruments governing the procurement processes under this Act o. Provide administrative and secretarial services to the Independent Procurement Review Panel p. Perform such other functions as are incidental to the attainment of the objectives of this Act
Somali Civil Code
- Year: 1973
- Type: Domestic law
- Rights Category: Housing, land & property
- Link to external source: https://www.scribd.com/document/602137427/SOMALI-CIVIL-PROCEDURE-CODE-2
Legal provision
Section 168 - Definition of Ownership
- Ownership is the absolute right of a person over property, entitling them to its possession, use, enjoyment, and disposal, subject to the limits established by law and the rights of third parties. - The owner of a thing may, within the limits of the law, enjoy, use, and dispose of the property at their discretion, including by sale, lease, donation, or inheritance.
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 43 - Land
(1) Land is Somalia’s primary resource and the basis of the people’s livelihood. (2) Land shall be held, used and managed in an equitable, efficient, productive and sustainable manner. (3) The Federal Government shall develop a national land policy that shall be subject to constant review. That policy shall ensure: (a) Equity in land allocation and the use of its resources; (b) The guarantee of land ownership and registration; (c) That land is utilised without causing harm to the land; (d) That any land and property dispute is resolved promptly and satisfactorily for all; (e) That the amount of land that a person or a company can own is specified; (f) That the land and property market is regulated in a manner that prevents violations of the rights of small land owners; (g) That the Federal Member States may formulate land policies at their level. (4) No permit may be granted regarding the permanent use of any portion of the land, sea or air of the territory of the Federal Republic of Somalia. The Federal Parliament shall enact a law regulating the size, timeline and conditions of permits of land use. (5) The Federal Government, in consultation with the Federal Member States and other stakeholders, shall regulate land policy, and land control and use measures
Article 26 - Property
(1) Every person has the right to own, use, enjoy, sell, and transfer property. (2) The state may only compulsorily acquire property if doing so is in the public interest. Any person whose property has been acquired in the name of the public interest has the right to just compensation from the State as agreed by the parties or decided by a court
Resettlement Policy Frameworks (RPFs)
- Year: 2022
- Type: Domestic policy
- Rights Category: Freedom of movement, Documentation
- Link to external source: https://mop.gov.so/resettlement-policy-framework-rpf/
Legal provision
Resettlement Policy Frameworks (RPFs) - Generic
Resettlement Policy Frameworks (RPFs) - Generic
Alternative Dispute Resolution (ADR) Centers
- Year: 2021
- Type: Other
- Rights Category: Work & Workplace rights
- Link to external source: https://www.idlo.int/sites/default/files/pdfs/publications/report-somalia-adr_centers-web.pdf
Legal provision
Alternative Dispute Resolution (ADR) Centers - Generic
Alternative Dispute Resolution (ADR) Centers - Generic
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 36 - Acquisition of Property
Anyone who is recognized as a refugee can own immovable property. He has the right to buy, sell or otherwise lawfully use his private property in accordance with this law and other laws of the country.
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
Article 15 - Property and Possessions
The Puntland Government respects and protects the rights to property and possessions of IDP women, girls, boys, and men in accordance with the constitution, international human rights and humanitarian law standards and shall: a) Ensure that no one is arbitrarily deprived of property and possessions; b) Recognizes the rights of IDPs to their abandoned property and possessions, including the right to protection, restitution and/ or compensation.
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.