Housing, land & property

The Federal Government of Somalia and Somaliland have developed domestic laws and policies that recognize the housing, land, and property (HLP) rights of forcibly displaced persons (FDPs), including internally displaced persons (IDPs), refugee-returnees, and asylum seekers. Key frameworks include Somalia’s National Eviction Guidelines (2019), the National Policy on Refugee-Returnees and IDPs (2019), and Somaliland’s IDP Policy and Refugees and Asylum Seekers Law. These instruments affirm the right to adequate housing and aim to prevent arbitrary evictions. Puntland’s IDP Guidelines also commit to ensuring a minimum standard of shelter and housing.

Despite these commitments, FDPs face significant barriers to adequate housing. Tenure insecurity, limited enforcement, and the coexistence of statutory, customary (Xeer), and Sharia legal systems result in contradictions that complicate access to and protection of land and property rights. In urban settings especially, informal settlements are common, and lack of documentation exposes FDPs to a high risk of forced eviction.

Somalia and Somaliland have adopted strategies to expand access to public or social housing. The Interim Protocol on Land Distribution for Housing and the National Durable Solutions Strategy (2020–2024) aim to promote equitable housing and tenure security. Some practical initiatives, such as the Danwadaag Consortium’s rental subsidy programs in Mogadishu, have shown promise. However, implementation remains hampered by limited funding, inadequate infrastructure, and administrative inefficiencies.

Legal protections against discrimination in property access are codified. Somalia’s Provisional Constitution (Articles 11 and 26) and Somaliland’s Constitution (Articles 8 and 31) uphold non-discrimination and equal property rights. Somaliland’s Refugees and Asylum Seekers Law (2023) specifically reinforces these rights for asylum seekers. Nonetheless, discriminatory practices persist, particularly against minority clans and marginalized communities. Reliance on customary dispute resolution mechanisms often disadvantages FDPs, especially women and stateless persons.

Mechanisms for restitution and redress exist through courts and bodies like Land Dispute Tribunals. However, these mechanisms are underutilized due to corruption, limited public awareness, and the widespread lack of ownership documents. Many FDPs cannot establish legal claims to land or housing, impeding access to compensation or recovery.

While domestic law allows land ownership and property acquisition, enforcement is weak. Somalia’s Civil Code and Constitution affirm these rights, and Somaliland’s Urban Land Management Law (2001) regulates urban land use. Yet weak governance and legal pluralism limit effectiveness.

Property ownership and use carry fiscal obligations, including registration and municipal taxes. Refugees who engage in economic activities are also subject to income tax. However, FDPs face additional burdens from unofficial levies imposed by non-state actors, such as Al-Shabaab, further constraining their security and mobility.

While Somalia’s national policy supports the relocation of personal property, legal guarantees for asset transfer are lacking. Overall, structural, legal, and financial barriers continue to obstruct the full realization of HLP rights for FDPs.