Date of publication:
01/08/2026
Somalia
Do domestic laws and policies prohibit the detention of children for immigration-related reasons?
Assessment by population
Analysis
The Federal Government of Somalia and the Somaliland administration have adopted legal and policy provisions that discourage the detention of children for immigration-related reasons, emphasizing that the best interests of the child must be the guiding principle in all decisions affecting them. Both jurisdictions promote protective care over detention, particularly for unaccompanied or separated minors, in accordance with international child protection standards. Legal frameworks prioritize alternative care arrangements such as supervised community housing, foster care, and guardianship programs to ensure the safety, dignity, and well-being of children. In Somaliland, the Refugee and Asylum-Seekers Act of 2023 reinforces the importance of non-custodial measures for children and calls for the involvement of child welfare authorities in all cases involving minors. Similarly, Somalia’s national child protection and social welfare policies recognize the vulnerability of displaced children and emphasize family-based or community-based care as a preferred alternative to detention. These provisions reflect a strong alignment with international instruments such as the Convention on the Rights of the Child (CRC) and UNHCR’s guidelines on child protection, demonstrating both governments’ commitment to safeguarding the rights of refugee and asylum-seeking children.
Related provisions of domestic law or policy
Somali Immigration Act
- Year: 2023
- Type: Domestic law
- Rights Category: Freedom of movement, Documentation
Legal provision
Article 44 - Travel for Minors Under 18
Children under 18 cannot travel alone without a legal guardian’s consent
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."
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 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.
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.