Freedom of movement

The Federal Government of Somalia and Somaliland recognize the right to freedom of movement for forcibly displaced persons (FDPs), including refugees, asylum seekers, and internally displaced persons (IDPs). Domestic legal frameworks in Somalia, Somaliland, and Puntland affirm this right for individuals lawfully present in their territories. Somalia’s Refugee Law (Article 13) and Somaliland’s Refugees and Asylum Seekers Law (Article 32) guarantee freedom of movement and residence unless lawfully restricted for reasons of national security or public order. Puntland adopts similar legal principles, although implementation tends to be more restrictive in practice.

Despite these legal guarantees, displaced populations face significant barriers to exercising their right to movement. Insecurity, lack of identity documentation, clan-based restrictions, and poor infrastructure routinely impede mobility. For instance, counter-terrorism operations in Puntland have resulted in movement restrictions that disproportionately affect displaced and undocumented populations. In urban areas, movement may be informally restricted due to local power dynamics or fears of targeted violence.

Access to justice for those whose movement rights are denied is provided for under constitutional and refugee laws. Somalia’s Constitution (Articles 39.1 and 39.2) and Somaliland’s Constitution (Article 28) guarantee the right to redress for rights violations. Somaliland’s Refugees and Asylum Seekers Law (Article 37) specifically extends legal remedies to asylum seekers and refugees. Nevertheless, access to these remedies remains limited due to weak legal institutions, low public awareness, and insecurity that hinders court operations or deters individuals from seeking legal redress.

Even for persons unlawfully present—such as irregular migrants—legal safeguards prohibit arbitrary movement restrictions. Somalia’s Refugee Act requires that such restrictions follow due process, while Somaliland and Puntland laws only permit limitations that are legally justified. However, in practice, irregular migrants often experience arbitrary detention, deportation, and denial of legal remedies, driven by institutional weaknesses and the absence of functional legal aid systems.

The right to leave one’s country is legally enshrined in Somalia’s Constitution (Article 19), Somaliland’s Constitution (Article 23.1), and Puntland’s IDP Guidelines. However, lack of travel documentation, bureaucratic inefficiencies, corruption, and restrictive gender or political norms limit the ability of many individuals—particularly women, stateless persons, and dissidents—to exercise this right.

Legal guarantees also affirm the right to choose one’s residence freely. Nonetheless, displaced persons face informal barriers, including land disputes, clan discrimination, and de facto encampment policies. While legal recourse is available to challenge such restrictions, enforcement is uneven and legal services are often out of reach.