Date of publication:

04/09/2025

Somalia

Do domestic laws and policies guarantee physical security?

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Analysis

The Federal Government of Somalia and the Somaliland administration recognize, through their legal frameworks, the right to physical security and the protection of all individuals, including refugees and asylum seekers. Authorities are legally obligated to ensure the safety and well-being of persons held in detention and reception facilities, with specific provisions mandating protective measures against violence, abuse, and mistreatment. Both jurisdictions require that security protocols be implemented to maintain order and safeguard the dignity of detainees, particularly those belonging to vulnerable groups. Oversight mechanisms, including facility inspections and monitoring by relevant government bodies and humanitarian partners, have been established to promote accountability and uphold humane conditions. In Somaliland, the Refugee and Asylum-Seekers Act of 2023 reinforces these protections, while in Somalia, national legal standards and policy frameworks support the development of safe and secure environments in detention settings. These measures align with international human rights obligations and reflect the commitment of both governments to uphold the physical integrity and security of all persons under their protection.

    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 15.1 - Liberty and Security of the Person

    Every person has the right to personal liberty and security

    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

    Principal 8 - Protection and Assistance during and after displacement

    The Puntland Government respects and protects the right to life, dignity and physical, mental and moral integrity, and the right of liberty and security of IDP women and girls, boys and men in accordance with the Constitution, international human rights and humanitarian law standards, and shall: a) Protect the inherent right to life by law; b) Protect IDP women, girls, boys and men equally from attacks or other acts of violence, as well as assaults on their dignity and physical, mental or moral integrity; c) Protect IDPs from discriminatory arrests and detention as a result of their displacement; and d) Protect IDPs against discriminatory practices of recruitment into any armed forces or groups as result of their displacement. In particular, any cruel, inhumane or degrading practices that compel compliance or punish non compliance with recruitment are prohibited in all circumstances. Under no circumstance shall displaced children be recruited nor be required or permitted to take part in hostilities

    Somali Penal Code

    Legal provision

    Article 6 - Offences Committed in the Territory of the State

    1. - Whoever commits an offence [15 P.C.] in the territory of the State [4 Const., 42 P.C.] shall be punished according to Somali penal law. 2. - An offence shall be deemed to be committed in the territory of the State whene the act or omission constituting it occurred therein in whole or in part, or where the consequences of the act or omission occurred therein

    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 12 - Protective Measures

    1. The National Commission for Refugees and IDPs shall take measures to protect internally displaced persons during displacement, in accordance with Principles 10 to 23 of the Guiding Principles and Article 9 of the Kampala Convention. The National Commission for Refugees and IDPs shall take specific measures to protect the right of the internally displaced persons: a) To seek safety elsewhere in the Federal Republic of Somalia. b) To not be forcibly returned or resettled to a place where their safety, liberty, or health may be at risk, in accordance with Principle 15 (a) (d) of the Guiding Principles and Article 9 (2) (e) of the Kampala Convention. c) To protect Internally Displaced Persons from rape and other related abuses, maiming, child recruitment in conflict areas, forced labor, and human trafficking and smuggling