Date of publication:
04/09/2025
Somalia
Do domestic laws and policies prevent and respond to violence, abuse and exploitation of forcibly displaced and stateless children?
Assessment by population
Analysis
The Federal Government of Somalia and the Somaliland administration have established specific legal protections for forcibly displaced and stateless children to safeguard them from violence, abuse, and exploitation. Both jurisdictions prioritize child protection through legal provisions that guarantee access to essential services, including education, safe shelter, healthcare, and psychosocial support. Special attention is given to unaccompanied and separated children, who are entitled to additional protections such as formal guardianship arrangements, foster care, and social welfare services. Child protection authorities, working in close collaboration with humanitarian partners and community-based organizations, are responsible for identifying at-risk children and coordinating timely responses to cases of abuse, neglect, or exploitation. These frameworks align with international child protection standards, including the Convention on the Rights of the Child (CRC), and reflect a strong commitment by both governments to ensuring the safety, dignity, and well-being of displaced and stateless children within their jurisdictions.
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 15.4 - Liberty and Security of the Person
Female circumcision is a cruel and degrading customary practice, and is tantamount to torture. The circumcision of girls is prohibited.
Article 29 - Children
(1) Every child has the right to a good and righteous name and a nationality from birth. (2) Every child has the right to be protected from mistreatment, neglect, abuse, or degradation. (3) No child may perform work or provide services that are not suitable for the child’s age or create a risk to the child’s health or development in any way. (4) Every child may be detained only as a last resort, for a limited time, in appropriate conditions, and must be detained separately from adults with the exception of the child’s immediate family. The child’s immediate family must be informed of the child’s detention as soon as practicable. (5) Every child shall have the right to legal aid paid for by the State if the child might otherwise suffer injustice. (6) Every child has the right to be protected from armed conflict, and not to be used in armed conflict. (7) In every matter concerning a child, the child’s best interests are of paramount importance. (8) In this Article a “child” is defined as any person under 18 years of ag
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 11 - Protection and Assistance
1. The National Commission for Refugees and IDPs shall: a) Provide protection and assistance, including providing sustainable solutions, to all internally displaced persons and communities affected by displacement, regardless of the cause and location of displacement. b) Provide protection and assistance, including providing sustainable solutions, to all internally displaced persons without discrimination as to any type of displacement as stipulated in Article 11 of the Provisional Constitution of the Federal Republic of Somalia, such as gender (male, female), political or any other affiliation, country of origin, legal, social status, age, disability, nationality, or due to displacement, or any other similar condition , as per Principle 4(1) of the Guiding Principles and Article 9(1)(a) of the Kampala Convention. c) Ensure special protection for internally displaced persons who have special needs, including children, especially unaccompanied children, pregnant mothers, mothers with young children, women responsible for families, people with disabilities, and the elderly, in accordance with Principle 4 (2) of the Guiding Principles. d) Work with relevant government institutions to ensure that anyone found guilty of an offense under this Act does not escape justice
Somalia Refugees and Asylum Seekers Law
- Year: 2023
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
Legal provision
Article 22: Special Protection for Vulnerable Persons
1. The Agency shall take the necessary measures to protect the rights of asylum seekers and refugees in accordance with this law, national laws, and international human rights regulations that the Federal Republic of Somalia adheres to. 2. While carrying out its obligations under this law, the Federal Government shall make special efforts to protect the interests of vulnerable persons, including women, unaccompanied children, separated children, the elderly, persons with disabilities, and other vulnerable individuals who have specific needs requiring special protection.
Article 22 - Special Protection for Vulnerable Persons
The Agency shall take the necessary measures to protect the rights of asylum seekers and refugees in accordance with this law, national laws, and international human rights regulations that the Federal Republic of Somalia adheres to.