Date of publication:

01/08/2026

Somalia

Do domestic laws and policies provide forcibly displaced and stateless persons who are victims of crime with access to administrative or judicial remedies?

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Analysis

The Federal Government of Somalia and the Somaliland administration have legal frameworks that guarantee the right of all individuals, including refugees, asylum seekers, and stateless persons, to access justice and report crimes such as harassment, threats, and other rights violations. These legal provisions ensure that displaced and stateless individuals are entitled to legal assistance and are empowered to challenge any infringement of their rights through formal judicial and administrative channels. Law enforcement agencies and national human rights institutions are mandated to receive complaints, conduct impartial investigations, and ensure accountability for perpetrators, thereby reinforcing the rule of law and the protection of vulnerable populations. In both Somalia and Somaliland, these protections are aligned with international human rights standards, including the International Covenant on Civil and Political Rights (ICCPR), guaranteeing due process, equal access to legal remedies, and the right to be heard before an independent authority. These commitments reflect a broader legal and institutional dedication to upholding justice and safeguarding the rights of forcibly displaced and stateless persons across both jurisdictions.

    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 34.2 - Access to Courts and Legal Defence

    Every person has the right to a fair public hearing by an independent and impartial court or tribunal, to be held within a reasonable time, and to determine: (a) Any question of civil rights and obligations; or (b) Any criminal charge

    Article 15.1 - Liberty and Security of the Person

    Every person has the right to personal liberty and security

    Article 105 - The Judicial Authority of the Federal Republic of Somalia

    (1) Judicial authority is vested in the courts. (2) The judicial structure shall be regulated in a law enacted by the Federal Parliament

    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.

    Sexual Offences Act

    Legal provision

    Article 29 - Right to Legal Aid Services

    A victim has the right to legal representation by a lawyer of their choice. If the victim cannot afford legal representation, the state is responsible for providing free legal aid services.