Somalia’s Landmark IDP Law: A New Chapter for Protection, Inclusion, and Durable Solutions

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On 4 December 2025, Somalia signed into law its first legal framework dedicated to internally displaced persons: the Act for Internally Displaced People (Law No. 42 of 2025). The law arrives after decades in which conflict, insecurity, climate shocks, forced evictions, and recurrent disasters have displaced 3.4 million Somalis (UNHCR 2026) from their homes, often without adequate legal protection or access to sustainable solutions.

The law marks a historic milestone in the country’s efforts to address displacement through a rights-based, government-led approach. It establishes a national framework for preventing displacement, protecting displaced populations, and advancing durable solutions for the country’s internally displaced population.

From Advocacy to Legislation

One of ReDSS’ most significant contributions to Somalia’s displacement agenda was its support to the development and review of the country’s IDP Law. Recognizing that the draft legislation was available only in Somali, ReDSS identified a critical barrier that limited meaningful engagement by international partners, donors, and technical experts. To address this gap, ReDSS facilitated the translation of the draft law into English, creating a platform for broader consultation and informed dialogue among government institutions, UN agencies, NGOs, donors, and durable solutions actors through production of analytical briefs and coordination meetings.

Building on this effort, ReDSS coordinated technical reviews and advocacy to strengthen the law’s alignment with international and regional frameworks, including the Kampala Convention, the UN Guiding Principles on Internal Displacement, and the Nairobi Declaration. That input fed into provisions on durable solutions, protection from forced evictions, and a whole-of-government approach that clarifies responsibilities across the Federal Government, Federal Member States, BRA, and local authorities.

Several recommendations submitted by ReDSS and its partners were incorporated into the final legislation, contributing to a stronger legal framework for the protection and inclusion of displacement-affected communities. At the same time, the review process highlighted areas where further efforts will be needed during implementation to ensure that the rights and needs of internally displaced persons are fully realized.

A Rights-Based Framework Aligned with Global Standards

One of the law’s most significant achievements is its explicit alignment with international and regional protection frameworks. The legislation incorporates principles from the Kampala Convention on the Protection and Assistance of Internally Displaced Persons in Africa, the 1998 UN Guiding Principles on Internal Displacement, the Nairobi Declaration and its Comprehensive Action Plan, the IASC Framework on Durable Solutions, Somalia’s National Durable Solutions Strategy, the National Policy on Returning Refugees and Internally Displaced Persons, and the National Evictions Regulatory Framework.

By embedding these standards within domestic legislation, Somalia has taken a significant step toward strengthening legal protection for internally displaced persons while aligning national systems with internationally recognized principles and obligations. A key achievement of the law is its recognition that displacement does not diminish a person’s rights or citizenship. Internally displaced persons remain full Somali citizens and are entitled to the same civil, political, social, and economic rights as everyone else. This includes the right to access public services, obtain legal documentation, participate in public affairs, own property, and pursue livelihoods without discrimination.

The law also explicitly prohibits the creation of a separate legal status for IDPs that could result in unequal treatment, exclusion, or stigmatization, and it sets out the specific non-discrimination safeguards behind that prohibition in its own text, even where a summary of this length cannot walk through each one. In practical terms, this means that displaced people should not face barriers to accessing services, opportunities, or government support simply because they have been forced to leave their homes. By affirming equality before the law, the legislation helps promote the inclusion, dignity, and long-term integration of displacement-affected communities into society.

Broad Recognition of Displacement Drivers

The law adopts a comprehensive definition of internal displacement, recognizing that people may be displaced by conflict, violence, forced evictions, disasters, climate-related shocks, development projects, and human rights violations. It also recognizes displacement-affected communities, including host communities, return areas, and locations where displaced populations integrate locally, reflecting a growing understanding that displacement affects entire communities and requires area-based responses rather than assistance targeted at displaced populations alone.

The legislation strengthens definitions for key concepts, including durable solutions, forced eviction, humanitarian assistance, and displacement governance, giving future implementation greater legal clarity.

Strengthening Government Leadership and Accountability

A major advancement within the law is the clear assignment of responsibilities across all levels of government. The legislation confirms that the Federal Government of Somalia, Federal Member States, the Benadir Regional Administration, and local authorities share primary responsibility for preventing displacement, protecting displaced populations, and supporting durable solutions.

This represents an important shift away from treating displacement solely as a humanitarian issue, toward recognizing it as a governance, development, and state-building priority. The law creates a formal Technical Committee on Displacement Affairs, bringing together 16 ministries and government institutions responsible for planning, housing, education, health, environment, justice, finance, security, and social affairs. This institutional framework creates a platform for whole-of-government coordination and supports greater policy coherence across the sectors that shape displacement outcomes. This governance structure also connects the law to two other national frameworks: the National Transformation Plan (NTP), Somalia’s broader roadmap for moving from humanitarian response to sustainable development, and the National Durable Solutions Action Plan (NSAP), which sets out how durable solutions are delivered within it.

Dedicated Financing for Displacement Responses

Among the law’s most progressive provisions is the establishment of a financing mechanism for displacement responses. The legislation requires that at least 3 percent of the national budget be allocated annually to a Unified Humanitarian Fund dedicated to humanitarian and development interventions, while still permitting contributions from international partners and access to other humanitarian and durable solutions financing mechanisms.

If effectively operationalized, this provision could significantly strengthen national ownership, improve funding predictability, and reduce dependence on short-term external assistance.

Stronger Protection Against Evictions and Arbitrary Displacement

The law introduces several safeguards to prevent unlawful displacement. Government institutions must strengthen early warning and preparedness systems, address the drivers and root causes of displacement, ensure that relocations are voluntary, comply with national eviction regulations, protect populations affected by climate-related displacement, and prevent trafficking, exploitation, and smuggling of displaced persons.

The legislation also recognizes the growing impact of climate change and development projects on displacement patterns across Somalia, marking an important step toward ensuring that development initiatives proceed responsibly while safeguarding the rights and livelihoods of affected populations.

Three Pathways to a Durable Solution

Perhaps the law’s most transformative feature is its strong emphasis on durable solutions. It recognizes three internationally accepted pathways: voluntary return, local integration, and resettlement elsewhere in the country. It further requires that displaced persons be able to make informed, voluntary choices about their preferred solution and participate actively in planning and decision-making.

The legislation promotes a whole-of-society approach involving government institutions, civil society, private sector actors, development partners, and displacement-affected communities, and encourages the integration of durable solutions into urban development, service delivery, livelihoods, and self-reliance initiatives. This marks a significant shift away from short-term displacement management toward long-term recovery and inclusion.

ReDSS's Contribution Beyond Legislative Advocacy

Beyond supporting the law’s technical development, ReDSS conducted a comprehensive legal analysis comparing the final text against international standards and the recommendations submitted by durable solutions actors. The review assessed the law’s quality, inclusiveness, and comprehensiveness, while identifying areas where future implementation measures and regulations may need additional strengthening.

To make the law accessible to a wider audience, ReDSS also led its translation from Somali into English, an initiative intended to support government institutions, donors, UN agencies, NGOs, researchers, and other stakeholders working on displacement issues in Somalia. The translated version has been finalized and submitted for government review and validation. Once endorsed, it will become an important resource for learning, implementation, advocacy, and accountability across the durable solutions sector.

What the Law's Success Will Depend On

The adoption of Somalia’s IDP Law marks a significant milestone in the country’s efforts to strengthen the protection, inclusion, and rights of displacement-affected communities, and it connects directly to the National Transformation Plan (NTP) and the National Durable Solutions Action Plan (NSAP), the frameworks introduced earlier that are moving national planning from a humanitarian footing to a sustainable development one. The NSAP is embedded within the NTP and carries a milestone of resolving displacement for 1 million IDPs within three years of 2025. As Somalia continues its journey toward stability, recovery, and sustainable development, the law demonstrates how national leadership, evidence-based advocacy, and collective action can turn policy commitments into tangible progress for the displaced communities it is meant to serve.

The law’s enactment is a major achievement, but its true impact will depend on effective implementation, adequate resources, strong institutional coordination, and meaningful participation by displacement-affected populations. The real test will not be the law’s passage but whether the 3 percent budget allocation materializes and whether the pledge to resolve displacement for 1 million people by 2028 holds.

About the author
Picture of Mubarik Mohamoud

Mubarik Mohamoud

Mubarik Mohamoud Ahmed currently serves as the ReDSS Somalia Manager. He is a seasoned development professional with over 14 years of experience in Somalia and South Sudan, specializing in project management, monitoring, and forging effective partnerships. Through his work on durable solutions programming, Mubarik equips communities with the tools and resources they need to chart their own path toward a more sustainable future. He has extensive experience in areas like food security, livelihood development, and capacity building, all focused on fostering self-reliance and long-term stability.
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