Last Change:

04/07/2025

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

Description

The Protection and Assistance to Internally Displaced Persons (IDPs) Bill, 2021 is Somalia's legal framework for the protection and support of internally displaced persons. It aligns with the Kampala Convention and international human rights standards, outlining the rights of IDPs and the responsibilities of the government and humanitarian act.

Selected provisions
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

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

Article 12 - Protective Measures

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.

Article 24 - Public Awareness

The National Commission for Refugees and IDPs shall:
a) Provide situational updates on the situation of displaced persons and returnees and the importance of addressing their specific needs.
b) Facilitate the provision of training and learning opportunities to build community awareness on issues related to internally displaced persons.

Article 18 - Assets Owned by displacement affected community

1. The National Commission for Refugees and IDPs shall:
a) Ensure that the property of internally displaced persons is protected from all possible unlawful targeting and illegal seizure of their properties, as well as illegal use.
b) Take into account the application of the United Nations Principles on Housing and Asset Recovery.
c) Guarantee equal access to housing, land, and property rights for all, including for the internally displaced persons.
d) Ensure that internally displaced persons and returnees, upon return to their original areas, recover their property with the help of local authorities, cultural leaders and the government.
e) To compensate for losses, in the event houses, land or property owned by displaced persons and returnees are sold to someone for a monetary value without notice

Article 23 - Temporary Solution

The temporary solution is intended to improve the living conditions and livelihoods of the
displaced persons until a durable solution is realized. Temporary solutions may include
provision of money donations, rental or temporary housing or rented land

Article 15 - Implementation Measures

1. The National Commission for Refugees and IDPs shall enforce and coordinate the implementation of measures that are important for the mission of protecting, supporting and empowering internally displaced persons to achieve sustainable solutions. These steps
shall include:
a) Assisting internally displaced persons with civilian or personal documents, whether new or replacement, such as passports, personal identification documents, and marriage or divorce certificates, as soon as possible, in accordance with Principle 20 of
the Guiding Principles and Article 13 (2) of the Kampala Convention