Date of publication:
01/08/2026
Somalia
Do domestic laws and policies prescribe the use of alternatives to detention for immigration-related reasons?
Assessment by population
Analysis
The Federal Government of Somalia and the Somaliland administration have incorporated into their legal frameworks the principle that detention should be used only as a measure of last resort, particularly in the context of refugees, asylum seekers, and other vulnerable groups. Both jurisdictions promote the use of non-custodial alternatives that uphold individual rights while ensuring compliance with immigration and asylum procedures. These alternatives include reporting obligations, designated residence requirements, and supervision arrangements, which are designed to balance the need for state oversight with respect for personal liberty. The Somaliland Refugee and Asylum-Seekers Act of 2023 explicitly reflects this approach, underscoring the importance of applying the least restrictive measures necessary in line with international standards such as the UNHCR Detention Guidelines. Similarly, Somalia’s broader constitutional and policy frameworks encourage the use of alternatives to detention in administrative and immigration contexts. These legal provisions reflect a rights-based approach that prioritizes humane and proportionate responses to migration management, reinforcing both governments' commitment to protecting the dignity and freedoms of forcibly displaced persons
Related provisions of domestic law or policy
Somali Penal Code
- Year: 1962
- Type: Domestic law
- Rights Category: Liberty & security of person, Nationality & facilitated naturalization
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1964/en/72335
Legal provision
Article 59 - Persons Under Fourteen Years of Age
Whoever, at the time he committed an act, had not attained fourteen years of age, shall not be liable.
Article 60 - Persons Under Eighteen Years of Age
Whoever, at the time he committed an act, had attained fourteen years of age but not eighteen years, shall be liable if he had the capacity of understanding and of volition; but the punishment shall be reduced. When imprisonment imposed is less than five years, or in cases of pecuniary punishment, conviction shall not entail any accessory penalties. In cases of more serious punishment, conviction shall only entail interdiction from public offices for a period not exceeding five years.
Puntland Juvenile Justice Law
- Year: 2007
- Type: Domestic law
- Rights Category: Liberty & security of person
Legal provision
Article 16 - Duties of Juvenile Rehabilitation Centers
Rehabilitating and reforming juvenile who commit offenses without resorting to imprisonment. Separating juvenile from the adult prison population to safeguard juvenile’s well-being and to avoid the negative influences through adult offenders. Providing protection, education, and training to juvenile. "Providing all other necessary support, care, and services juvenile may require."