Date of publication:
08/21/2025
Somalia
Do domestic laws and policies take into account the right to family life, the principle of family unity, and the best interests of the child in proceedings that may result in the expulsion or deportation of an individual?
Assessment by population
Analysis
The Federal Government of Somalia and the Somaliland administration incorporate international legal principles into their domestic laws and policies concerning expulsion or deportation, with particular emphasis on the protection of family unity, the right to family reunification, and the best interests of the child. These principles are rooted in globally recognized human rights instruments, including the Universal Declaration of Human Rights (UDHR) and the Convention on the Rights of the Child (CRC), both of which affirm the importance of safeguarding family life and ensuring that children’s welfare is a primary consideration in all legal and administrative decisions.
In practice, procedures that may result in expulsion or deportation are guided by these foundational principles, requiring that any action taken respects the integrity of the family unit and avoids unnecessary separation of family members. The best interests of the child serve as a key guiding standard, ensuring that decisions affecting children are made with careful consideration of their physical, emotional, and developmental well-being. This approach is consistent with the guidance provided by international bodies such as the United Nations High Commissioner for Refugees (UNHCR), which underscores the centrality of family unity and child protection in all actions involving forcibly displaced persons.
Although the specific legal instruments and procedural safeguards in Somalia and Somaliland may vary, both administrations demonstrate an overarching commitment to upholding international standards in matters relating to expulsion or deportation. This commitment provides an important legal and ethical foundation for ensuring that families remain protected and that children’s rights are preserved in all contexts, including those involving return, removal, or migration-related enforcement actions.
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 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
Somaliland Policy on Alternative Care
- Year: 2020
- Type: Domestic policy
- Rights Category: Liberty & security of person, Family life
- Link to external source: https://mesaf.govsomaliland.org/site/downloadfile/file/MjAyMC8xMi8yMDIwLTEyLTAxLTEwLTUwLTEyLTMzNDEtMTYwNjgxOTgxMi5wZGY%3D
Legal provision
Somaliland Policy on Alternative Care - Generic
Somaliland Policy on Alternative Care - Generic
Somaliland IDP Policy Framework
- Year: 2015
- Type: Domestic policy
- Rights Category: 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
Section 5.10 - Family tracing and family life
The Government reaffirms the right of internally displaced persons (IDPs) to family life and shall take measures to preserve and protect family unity. Through the Ministry of Labour and Social Affairs, relevant line ministries, law enforcement, NGOs, and aid agencies, the Government shall: Allocate adequate resources; Establish a coordinated system for tracing, locating, and reuniting separated family members, including community-based methods; Maintain an updated database with relevant information; and Ensure stakeholder participation, including IDPs and affected communities. Alternative Care for Children In accordance with the UN Convention on the Rights of the Child (UNCRC) and the UN Guidelines for the Alternative Care of Children, the Government shall ensure that displaced children remain with or are reunited with their families, and where not possible, have access to appropriate alternative care. Measures shall: Address care and protection needs of vulnerable children and families; Prevent and respond to family separation; Prioritize tracing and reunification of separated and unaccompanied children; Promote community-based, stable care arrangements; Allocate sufficient resources to meet the needs of children and caregivers; Ensure care institutions meet minimum registration and monitoring standards, and expand alternative care where needed; Conduct comprehensive assessments of children’s needs prior to placement; and Prevent discrimination in service delivery to unaccompanied children, child-headed households, and others in need of care and protection.