The new law restructures the national intelligence agency and sets clear rules for its powers and accountability.
Somalia has enacted Law No. 3, the National Security and Intelligence Act. The law reorganises the National Security and Intelligence Agency (NISA) and provides it with a modern legal framework.
The Act was enacted to strengthen Somalia's security institutions while setting clear limits on their powers. It aims to make the intelligence agency more effective and more accountable, with explicit safeguards for fundamental rights.
Law No. 3, the National Security and Intelligence Act was enacted and entered into force on March 8, 2023 upon the President's signature.
An intelligence agency needs both the authority to protect the country and clear rules to prevent abuse. The National Security and Intelligence Act was designed to balance these needs as it overhauls NISA's structure, functions, and powers.
Article 3 (Guiding Principles) requires NISA to operate with transparency, integrity, and accountability while respecting the rights and freedoms set out in the Constitution. Article 4 (Re-establishment of the Agency) formally re-establishes NISA as a federal security agency with a clear chain of command.
The law defines what the agency does and how. Article 7 (Functions) sets out NISA's core tasks, including gathering and analysing intelligence and countering terrorism, while Article 8 (Powers) allows it to conduct surveillance and investigations, subject to court approval.
The law builds in safeguards against abuse. Article 44 (Budget) brings NISA's budget within the national budget and subjects it to audit, while Article 49 (Prohibition of Secret Prisons) expressly forbids the agency from operating secret prisons.
This law is important because it modernises Somalia's intelligence agency while placing it within a framework of accountability. Clear functions, court oversight of certain powers, budget transparency, and a ban on secret prisons help balance security with respect for rights.
“Security and accountability are not opposites; the strongest institutions hold both. This Act gives NISA a clear mandate while subjecting key powers to court oversight and prohibiting secret detention.”
, Aweis Osman Ahmed, M.Sc. (Master of Science in Information Systems), 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.