The new law creates a federal agency to protect and assist refugees, returnees, and internally displaced persons.
Somalia has enacted Law No. 2, which establishes the National Refugee and Displacement Agency. The law creates a federal body responsible for the protection and assistance of refugees, returnees, and internally displaced persons.
The Act was enacted in response to years of conflict and natural disaster that have caused widespread displacement. Its purpose is to provide a clear legal framework for protecting vulnerable groups and finding durable solutions in line with international standards.
Law No. 2, the National Refugee and Displacement Agency Act was enacted and entered into force on February 21, 2016.
This law responds to years of displacement by creating a dedicated institution to coordinate the country's response and to align it with international commitments, including the Geneva Refugee Convention and the Kampala Convention.
Article 2 (Establishment of the Agency) creates the Agency as an independent federal entity responsible for refugee, returnee, and displacement affairs.
The law gives the Agency a clear internal structure. Article 7 (Structure of the Agency) provides for a Commissioner, a High Management Committee, two Deputy Commissioners, and supporting staff.
Appointments and staffing are also set out. Article 11 (Deputy Commissioner) provides that the Deputy Commissioners are appointed by the President on the nomination of the Council of Ministers, while Article 12 (Employees) ties staff rights to the Civil Service Law.
The law ensures the Agency has resources and reach.
This law is important because it gives Somalia a clear legal foundation for protecting some of its most vulnerable people. A dedicated agency with defined powers and resources improves the coordination of humanitarian work and brings Somalia's response in line with international conventions.
“Protecting refugees, returnees, and displaced people requires more than goodwill; it requires a clear institution with a clear mandate. This law gives Somalia that foundation and aligns its response with international conventions and the coordinated humanitarian effort they require.”
, Hawa A. Wehelie, JD (Juris Doctor), MBA (Master of Business Administration)
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.