Date of publication:

01/08/2026

Somalia

Do domestic laws and policies provide administrative or judicial remedies for forcibly displaced and stateless persons whose housing, land and property rights are denied or violated, including restitution and/or compensation for housing, land and/or prop

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Analysis

The Federal Government of Somalia and the Somaliland administration have established legal and policy frameworks that enable individuals—including forcibly displaced persons (FDPs) such as internally displaced persons (IDPs) and refugee-returnees—to access administrative and judicial remedies in cases where their housing, land, and property (HLP) rights are denied or infringed. These mechanisms are designed to uphold the principles of due process, fairness, and legal protection for all, regardless of displacement status.

In Somalia, key national frameworks such as the National Policy on Refugee-Returnees and Internally Displaced Persons (2019) and the National Eviction Guidelines (2019) provide structured procedures to protect the rights of FDPs. These instruments set out safeguards against forced evictions, emphasizing the importance of consultation, due notice, legal justification, and compensation in any relocation or resettlement process. They also reinforce the right to challenge eviction orders and land-related decisions through formal administrative and legal channels.

Both Somalia and Somaliland have established institutions such as Land Dispute Tribunals and local courts with jurisdiction over civil and property matters, offering accessible platforms for resolving disputes and reclaiming land or property. These bodies apply statutory law, and in many cases, incorporate customary and religious principles to ensure culturally appropriate and context-sensitive outcomes. In addition to state-led mechanisms, legal aid providers, community-based paralegals, and humanitarian actors play an important role in helping FDPs navigate the legal system, file claims, and pursue remedies.

Collectively, these systems reflect a growing commitment to rule of law, tenure security, and the restoration of property rights for displaced populations. By institutionalizing clear procedures for redress, Somalia and Somaliland are working to ensure that FDPs can access justice and reclaim their property rights through transparent, fair, and legally recognized channels.

    LAW & POLICY

    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 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

    Article 27.2 - Economic and Social Rights

    Every person has the right to healthcare, and no one may be denied emergency healthcare for any reason, including lack of economic capability.

    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 9.1: Non-discrimination of refugee-returnees and IDPs

    1. Refugee-returnees and IDPs, whether or not they are living in camps, shall not be discriminated against in the enjoyment of their rights, including the ones listed below, as a result of their displacement: b. the right to access to education, health and justice, and all other rights that the Somali National Constitution and international instruments provide

    National Eviction Guidelines

    Legal provision

    National Eviction Guidelines - Generic

    National Eviction Guidelines - Generic

    Interim Protocol on Land Distribution for Housing to Eligible Refugee-Returnees and Internally Displaced Persons

    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

    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.