Asylum

The Federal Government of Somalia and Somaliland have developed domestic legal frameworks that broadly align with international standards on the right to seek asylum and protection from refoulement. National laws—including Somalia’s Federal Refugee Law, Puntland’s Refugee Protection Law, and Somaliland’s Refugees and Asylum Seekers Law—prohibit the return of individuals to countries where they may face persecution, torture, or serious harm. These instruments enshrine the principle of non-refoulement and guarantee that asylum-seekers are not returned to danger. However, enforcement is frequently undermined by weak institutional capacity, limited border screening, political pressures, and security-related challenges.

The legal frameworks allow asylum-seekers to access national territory, even without valid documentation, and protect them from penalties for irregular entry. Provisions confirm that asylum-seekers are lawfully present while their claims are under review. Despite these protections, implementation is inconsistent. Border officials often lack training, resulting in arbitrary rejections, detention, or even deportation. Practical barriers such as inadequate documentation, a shortage of legal aid, and limited procedural safeguards further undermine access to protection.

While existing laws outline fair refugee status determination (RSD) procedures—including interviews, confidentiality, and appeal rights—neither Somalia nor Somaliland has a centralized, efficient asylum system. Many applicants face long delays, inconsistent decisions, and limited access to legal representation or interpreters. In Puntland, groups such as Yemenis and Syrians are granted prima facie refugee status under group-based recognition. However, such practices are inconsistently applied and depend on limited legal and institutional structures.

Complementary protection for individuals who do not meet the strict refugee definition but still face danger is recognized in law but not systematically implemented. As a result, many asylum-seekers remain in prolonged legal uncertainty. Protections for vulnerable groups—including unaccompanied children, trauma survivors, and persons with disabilities—are acknowledged in law but rarely operationalized due to inadequate resources and weak referral systems.

Laws governing the cessation, revocation, and expulsion of refugee status are generally in line with international standards. They provide procedural safeguards, the right to appeal, and consider national security concerns. However, the lack of transparency and procedural clarity in applying these provisions can lead to arbitrary decisions influenced by political or security considerations, increasing the risk of wrongful exclusion or forced return.

Recognized refugees are entitled to lawful residence and receive identity documentation. Nonetheless, they continue to face significant barriers to accessing employment, education, and essential services, as durable solutions are limited. Although legal frameworks offer formal protection, enforcement gaps, poor interagency coordination, and resource constraints hinder effective implementation.