The new law establishes a fair and transparent process for recognising and protecting refugees and asylum seekers.
Somalia has enacted Law No. 18, the Law on Refugees and Asylum Seekers. The law provides a legal framework for the recognition, protection, and management of refugees and asylum seekers within the country.
The Act was enacted to give Somalia a clear and fair system for handling claims for asylum and refugee status. Its purpose is to establish transparent procedures, protect the rights of applicants, and align Somalia's practice with international refugee standards.
Law No. 18, the Law on Refugees and Asylum Seekers was enacted and entered into force on February 13, 2024.
A fair and transparent asylum system protects vulnerable people while giving the state orderly control over who is recognised as a refugee. This law was designed to provide that system for Somalia.
Article 3 (Definitions) defines key terms such as refugee, asylum seeker, and family members, giving the law clarity, while Article 5 (Guiding Principles) sets out the principles that guide the recognition and protection of refugees and asylum seekers.
The law confirms the state's authority over asylum decisions. Article 6 (Authority to Grant Asylum or Refugee Status) affirms the Federal Government's independent authority to grant or deny status.
Fair procedure is central to the law. Article 8 (Application for Refugee Status) sets out how applications are made, and Article 9 (Right to Be Heard) guarantees asylum seekers the right to be heard before a decision is made.
The law also addresses larger movements and decision-making. Article 12 (Recognition of Groups and Temporary Protection) allows for the recognition of groups in situations of mass influx, while Article 27 (Refugee Status Determination Committee) establishes the committee responsible for deciding claims.
This law is important because it gives Somalia a fair and transparent framework for handling refugees and asylum seekers. Clear procedures, the right to be heard, and a dedicated determination committee protect applicants while giving the state orderly control.
“A fair asylum system protects vulnerable people and upholds the rule of law at the same time. By setting clear procedures, guaranteeing the right to be heard, and creating a determination committee, this law gives Somalia a credible refugee framework. Consistent and fair application of these procedures will be essential to its integrity.”
, Asha-Kin F. Duale, LL.M. (Master of Laws), LL.B. (Bachelor of Laws)
Managing Partner at Mogadishu Law Office
This release is provided for general information and does not constitute legal advice. Professional legal advice should be obtained before acting on any matter discussed here.