Date of publication:
01/08/2026
Somalia
Do domestic laws and policies provide forcibly displaced and stateless persons who face violations of their right to freedom of movement and choice of residence the right of recourse to effective administrative or judicial remedies?
Assessment by population
Analysis
The Federal Government of Somalia and the Somaliland administration have established legal frameworks that uphold the right to effective administrative and judicial remedies for individuals lawfully residing in their territories—including refugees, asylum seekers, and other forcibly displaced persons (FDPs)—who face restrictions on their freedom of movement. These legal protections are designed to ensure that any limitations imposed due to security concerns, administrative barriers, or discriminatory practices can be challenged through fair, transparent, and accessible legal channels.
In South and Central Somalia, the National Commission for Refugees and IDPs (NCRI) plays an active role in promoting the legal rights of refugees and returnees. The Provisional Constitution (2012), along with other national laws, affirms the right to freedom of movement and provides avenues for individuals to seek judicial and administrative recourse when these rights are infringed. NCRI advocates for the application of these protections and works in coordination with government institutions and humanitarian actors to support displaced persons in accessing justice.
In Somaliland, both the Constitution of Somaliland (2001) and the Refugees and Asylum Seekers Act (2023) guarantee legal protections for individuals whose rights—including freedom of movement—have been violated. The legal framework establishes the right to challenge unjust restrictions through formal legal processes. In support of these mechanisms, UNHCR, in collaboration with local legal aid providers and the University of Hargeisa, offers free legal assistance and representation to refugees and asylum seekers, helping to ensure that justice is accessible and that rights are meaningfully upheld.
In Puntland, legal aid services are facilitated through UNHCR’s implementing partner, Kullow, which provides legal counseling, representation, and support to refugees and asylum seekers facing restrictions on their movement. These services are particularly critical in contexts where security operations or local administrative practices may unintentionally infringe on the rights of displaced individuals.
Across all regions, the existence of legal remedies represents a critical safeguard for FDPs and underscores a broader commitment to the rule of law, due process, and non-discrimination. While practical challenges remain—such as resource constraints, limited legal awareness, and varying institutional capacities—ongoing efforts to strengthen legal aid networks and judicial responsiveness are helping to ensure that freedom of movement is not only legally protected but also practically enforceable for all displaced populations.
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 39.1 - Redress of Violations of Human Rights
The law shall provide for adequate procedures for redress of violations of human rights.
Article 39.2 - Redress of Violations of Human Rights
Redress of violations of human rights must be available in courts that the people can readily access.
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.