* Category includes ratification, accession, or succession to the treaty

In March 2026, the Federal Government and Parliament formally adopted a new permanent constitution, replacing the 2012 Provisional Constitution. The adoption was not universally accepted. Jubaland and Puntland have publicly rejected the new constitution, citing a lack of inclusive consultation and procedural violations. This creates fragmentation in the legal framework and uncertainty for civil society organizations operating across federal member states.

The new constitution establishes a formal separation of powers and requires senior officials to declare assets. Its provisions on fundamental rights (including freedoms of association, expression, and assembly) largely mirror those in the Provisional Constitution, but implementation remains uneven.

Chapter 2 of the national Constitution grants fundamental rights to citizens: “Every person has the right to organize and participate in meetings, and to demonstrate and protest peacefully, without requiring prior authorization. Every person has the right to present petitions to State Institutions.” (Art. 16) However, the Constitution does not specifically mention NGOs; civil society, therefore, operates based on the provisions of Art. 16. The rights set in the Constitution may be limited by law, provided that the limitations do not target any particular individuals or groups and that they are demonstrable, reasonable, and justified according to the values underlying the constitution. (Art. 38)

In Somaliland, Art. 23(3) of the Constitution provides for the freedom of association: “All citizens shall have the right to form, in accordance with the law, political, educational, cultural, social, and occupational or employee associations.” However, “[a]ssociations with objectives which are contrary to the national interests or are secret or are military in nature or armed or are otherwise against the law, whatever their outward appearance might be, are prohibited.” (Art. 23(4))

Puntland is subject to the national Constitution, but as an autonomous region, has its own Constitution as well, which similarly enshrines the freedom of opinion, freedom of association and freedom of the press. Like South Somalia and Somaliland, Puntland’s Constitution forbids political parties and associations that are contrary to national interests or that fail to abide by the law (Art. 28(2)).

Almost all of the constitutions of the regional states in Somalia, such as Jubaland, Southwest, Galmudug, Hirshabelle as well as Puntland and Somaliland, have similar protections for the right to form political parties and associations and the freedoms of expression and assembly.

The national Constitution and all state constitutions have also recognized and protected the freedoms of expression and of the media. Under Article 18 of the national constitution, for example:

• Every person has the right to have and express their opinions and to receive and impart their opinion, information and ideas in any way. 
• Freedom of expression includes freedom of speech, and freedom of the media, including all forms of electronic and web-based media.
• Every person has the right to freely express their artistic creativity, knowledge, and information gathered through research.

Article 32 of the Somaliland constitution states:

• Every citizen shall have the freedom, in accordance with the law, to express his opinions orally, visually, artistically or in writing or in any other way.

Article 25 of the Puntland constitution states:

• Every person shall have the right to display free expression of his/her opinion. 
• The person can freely express his/her opinion in oral, press, writing, media, audio-visual, literature and other methods according to the law without any interference.

The constitutional limitations under the federal and all regional state constitutions are similar. As noted above, under Article 38 of the national constitution:

• The rights set out in this Chapter may be limited by law, provided that the law is not targeted at any particular individuals or groups. 
• A right may be limited by law, or by specific exceptions in this Chapter, only if that limitation is demonstrably reasonable and justified according to the values underlying this Constitution.

Under Article 25(4) of the Somaliland constitution:

• The freedoms of the person shall not override the laws protecting the public morals, the security of the country or the rights of other individuals.

Under Article 32(3) of the Puntland constitution:

• All forms of personal liberty shall be in conformity with the Islamic Sharia, Law, moral dignity, national stability or the personal rights of the others.

In April 2023, the Somali government appointed five members to the Commission for the Review and Implementation of the Transitional Constitution. This is a significant step forward in the process of finalizing the country’s Constitution, which has been in an interim state for many years. The Commission will be responsible for reviewing the current constitution and making recommendations for its finalization. It will also be responsible for overseeing the implementation of the finalized Constitution.

In May 27, 2023, the Somalia National Consultative Committee (NCC), which consists of the president, prime minister, deputy prime minister, presidents of federal member states, and the governor of Mogadishu, agreed to a new proposal that would establish a new electoral model and affect the constitution. However, one of the federal member states declined to participate in the NCC meetings and criticized the constitutionality of the agreement. As a result, the Parliament of Somalia and the Ministry of Interior began the process of legalizing the NCC agreement, which will require amendments to the Constitution and the enactment of a new electoral legal framework.

Generally, all national legislation in Somalia before 1991 is still applicable and effective nationwide, with the exception of oppressive laws imposed by the previous military regime, which were repealed. There is also legislation passed since 2012, when the country officially adopted federalism under the Garowe (II) Principles of February 15–17, 2012. These principles were approved by six signatories and are enforceable only in South Somalia; Somaliland and Puntland have adopted separate legislation for their own governance.

The list of legislation and regulations affecting civil society and civic freedoms is classified below, with updates reflecting recent changes:

South Somalia (Somali Federal Government)

• Civil Code Law No: 37 of 1973
• Draft NGO law (as of 2018)
• Federal tax legislation
• Public Order Law No. 21/1963
• Somali Police Law No. 2/1972
• Somali Labour Law No. 5/1980
• Somalia Media Law 2007
• National Human Rights Commission Law, 2016

Somaliland

• Civil Code Law No: 37 of 1973
• NGO Law No. 43/2010
• By Laws For The Completion and Clarification of the NGO Law No. 43/2010
• Code of conduct for the NGOs
• Inland Revenue Law No. 72/2016
• Public Order and Security Law No. 51/2012
• Somaliland Police Law (amended in 2018)
• Labour Law No. 31/2004
• Press Law No. 27/2004
• National Human Rights Commission Law No. 39/2010
• Legal professionals Law No. 30/2004 (amended in 2013)

Puntland

• Civil Code Law No: 37 of 1973
• Law No. 3/2016
• Income Tax Legislation (Lr. No. 5) (Direct Tax law)
• Public Order Law No. 21/1963
• Somali Police Law No. 2/1972
• Puntland Labour Code No. 65
• Puntland Media Law (as of 2016)
• Office of Human Rights Defender Law No. 11/2011

Federal NGO Bill (South Somalia)

The Federal Government has not yet passed a comprehensive law to regulate civil society. A collaborative drafting process was launched in 2018, with the Somalia NGO Consortium providing input. In December 2019, the Cabinet passed the NGO Bill, but it has not been enacted by Parliament as of 2026. NGOs have since formed advocacy groups to urge the federal Parliament to prioritize the bill.

The bill remains pending and its fate remains uncertain amid broader political divisions following the adoption of the new constitution in March 2026 and the rejection of that constitution by Jubaland and Puntland. Jurisdictional disputes between the Ministry of Interior and the Ministry of Planning over which ministry should oversee NGOs have contributed to the delay. In late January 2026, the Ministry of Interior committed to sharing the latest draft with civil society for consultation and to accelerating the legislative process. The latest draft:

• Defines an NGO as “an autonomous, independent body or association of persons, or any institution established for a public benefit or purpose; and the income and property of which is not distributable to its members or office‑bearers except as reasonable compensation for services rendered.” (Art. 2)
• Provides for only two types of NGOs (international and local).
• Mandates the Federal Ministry of Planning to register, regulate, and oversee NGOs through registrars‑general or registrars in South Somalia and regional states.
• Outlines registration requirements to include submission of the organization’s constitution, names of founders and office bearers, proof of fee payment, and a name search form (Art. 10).

In addition, the Income Tax Bill is pending before Parliament as of early 2026. It would create exemptions for charitable or not‑for‑profit organizations.

The above list is not exhaustive. If you are aware of other pending legislative initiatives not included here, please contact asia@icnl.org.

Somalia still lacks a unified federal law establishing formal legal forms for civil society organizations, forcing NGOs to register under multiple, inconsistent systems across jurisdictions. This fragmentation creates legal uncertainty, increases administrative costs, and complicates compliance for organizations operating across regions.

At the federal level, NGOs based in Mogadishu register with the Ministry of Interior, Federal Affairs and Reconciliation, but this does not automatically confer recognition in all federal member states.

In Somaliland, NGO Law No. 43/2010 distinguishes between local and international NGOs, with oversight and registration conducted by the Ministry of Planning and National Development (MoPND), which also maintains an electronic register of organizations and international staff.

Puntland follows Law No. 3/2016, which separates local and international organizations and requires annual renewal with the Ministry of Planning.

Galmudug uses its own standardized “Registration Form,” often requiring extensive supporting documentation, including proof of donor funding and criminal clearances, before approval.

Jubaland and South West State operate online registration systems under the Ministry of Planning and Ministry of Interior for the South West State, which provides digital forms and submission pathways not yet available in all states.

The newly created federal state “North Eastern” and Hirshabelle currently do not maintain online registration portals, instead requiring NGOs to engage directly with state administrations and ministries for physical registration processes.

In some districts, such as Galkayo (which spans areas within Puntland), authorities have attempted to impose separate district- level registration requirements independent of the state system, further complicating compliance for NGOs operating there. The long‑pending federal NGO Bill, which would harmonize classification into local and international NGOs and establish the federal Ministry of Planning as the central authority, remains stalled. Its future is uncertain, particularly after the March 2026 constitutional process and subsequent rejection by Puntland and Jubaland, which has deepened governmental fragmentation and made national legislation harder to advance.

There is no formal, nationally recognized “public benefit” or “charitable” status for NGOs in Somalia. Tax exemptions are granted on an ad‑hoc basis, often negotiated individually with the Ministry of Finance or tied to specific donor‑funded projects. This lack of a clear status creates financial uncertainty for CSOs and complicates long‑term planning.

In Somaliland, the Inland Revenue Law No. 72/2016 does not provide a general exemption for NGOs; instead, exemptions must be requested on a case‑by‑case basis. Puntland’s Income Tax Legislation (Lr. No. 5) similarly lacks a standing charitable exemption. The pending federal Income Tax Bill would, if passed, create a framework for exempting charitable and not‑for‑profit organizations, but it has not yet been enacted.

The absence of a standardized public benefit status also affects donor confidence, as international funders often require proof of tax‑exempt status for compliance with their own regulations.

CSOs in Somalia remain key actors in service delivery, humanitarian coordination, and limited advocacy, but formal participation in lawmaking or national policy processes is weak and inconsistent. Umbrella bodies, such as the Somalia NGO Consortium, continue to facilitate coordination between CSOs, government actors, and international donors. Allied platforms such as the NGO Advisory Board and sector‑specific networks provide additional opportunities for collaboration and joint planning. However, strategic engagement with government institutions is sporadic and often dependent on personal or institutional relationships rather than structured mechanisms.

At the regional level, the ratification of the revised Intergovernmental Authority on Development (IGAD) Treaty in January 2026 is a positive development for civil society engagement, as IGAD has launched initiatives such as the IGAD Civil Society Organisations’ Forum for Peace, which creates a space for CSOs from member states, including Somalia, to engage on peace-building, conflict prevention, and regional policy dialogues.

Despite these regional gains, national engagement remains limited. The stalled federal NGO Bill, with renewed discussion in early 2026 when the Ministry of Interior pledged to circulate a draft for consultation, has yet to result in a coherent legal framework governing CSO participation at the national level. Public participation in major political processes, such as the adoption of the new constitution in early 2026, was criticized by civil society for lacking inclusive consultation, particularly with federal member states that later rejected the document, reducing CSOs’ ability to influence constitutional implementation.

Formation of an NGO in Somalia involves navigating multiple, often duplicative, registration systems. An organization that wishes to operate in more than one federal member state typically must register separately with each jurisdiction, incurring additional fees, paperwork, and delays.

Documentation requirements are onerous. Galmudug’s registration checklist, for example, requires:

1. A profile of the organization (vision, mission, structure);
2. A one‑year activity plan with itemized budget;
3. Proof of funds secured from a donor not resident in Galmudug;
4. Criminal clearance for founders and board members;
5. A letter of intent with the relevant line ministry;
6. Proof of an owned or leased office in Galmudug;

For International NGOs, a registration certificate from the country of origin, CVs of international staff with criminal clearance, and justification for international staff are required.

Fees are imposed at multiple levels, with Somaliland charging $110 for initial registration and $60 annually for renewal and Puntland charging $200 initial and $100 annual. Fees in Galmudug and South-West State are not publicly specified but must be paid as shown on the registration forms.

The absence of a federal law means that officials have broad discretion to deny registration on security or political grounds. In practice, organizations perceived as critical of the government or operating in sensitive areas face additional scrutiny or outright rejection.

NGO operations in Somalia are limited by insecurity and fragmented legal frameworks. In high-risk areas, paid police or security escorts are often required, increasing costs and restricting access.

NGOs registered at the federal level in Mogadishu may need separate registration or permits to operate in other states, including Galmudug, Puntland, and Somaliland. In Somaliland, project approval depends on alignment with “national priorities,” a vague criterion that allows discretionary decisions.

Financial operations are constrained by laws in Somaliland and Puntland restricting NGO resources for undefined “commercial activities,” limiting legitimate cost-recovery or income-generating initiatives.

Access to resources is constrained by the absence of a unified registration and tax- exempt system. International donors typically require a formal registration certificate, but NGOs may hold multiple certificates from different authorities, complicating due diligence. The lack of a public benefit status means that NGOs cannot easily demonstrate eligibility for tax exemptions, which are instead granted on a case-by-case basis.

Donor funding is also affected by the security environment. The presence of al-Shabab and other armed groups restricts access to populations and increases the cost of delivering aid. Some donors have reduced their presence or shifted to remote management, limiting the resources available to local CSOs.

Freedom of expression remains severely restricted. In 2025, Somalia was a top detainer of journalists, with at least 46 media workers arrested in the first four months of the year alone. The government has repeatedly banned reporting on security threats, and authorities have detained journalists covering sensitive topics such as military operations, political opposition, and corruption.

In early 2026, these patterns continued. Journalists and social media users were arrested for content critical of government officials, and media outlets faced threats of closure. The federal government has not taken steps to repeal or reform restrictive media laws, including the 2007 Media Law in South Somalia and the 2004 Press Law in Somaliland.

Human rights defenders also face harassment. Those who speak out on issues such as electoral integrity, constitutional processes, or security forces’ conduct risk arbitrary detention, surveillance, and intimidation. The climate of impunity for attacks on journalists and activists remains a major barrier to civic expression.

The right to peaceful assembly is formally guaranteed in the constitution but is heavily restricted in practice. Both the federal Public Order Law No. 21/1963 and Somaliland’s Public Order and Security Law No. 51/2012 require organizers to notify the district commissioner at least three days in advance of any public gathering. Vague language in these laws gives law enforcement broad discretion to deny permits or disperse assemblies.

In early 2026, protests related to the adoption of the new constitution were forcibly dispersed in Mogadishu and Galkayo. Authorities used security concerns to justify the use of force against demonstrators. In Somaliland, opposition political rallies are routinely banned, and permits are frequently denied to groups perceived as critical of the government.

The Public Order Law in Somalia is written in English, making it largely inaccessible to Somali‑speaking citizens, and its provisions on protest dispersal, suspension of assemblies, and contingency arrest powers are vaguely drafted. This lack of clarity invites arbitrary enforcement and leaves organizers uncertain of their legal rights.

Civil society in Somalia has long played an active role in public life, mobilizing communities, building awareness, advocating for policy reform, and providing essential services. During the civil wars, aid agencies relied on NGOs to deliver relief to remote areas. Under the Siad Barre regime (1969- 1991), civil liberties were abolished, but civic space re- emerged after the government’s collapse. With widespread devastation and weak state institutions, voluntary groups stepped in to provide education, health, and other critical services, while later, youth, women, and people with disabilities organized to defend their rights.

Today, professional associations, community and clan committees, policy think tanks, relief organizations, and foundations operate across Somalia.

Interest groups such as business associations have also shaped politics. Since the late 2010s, new policy institutes and think tanks have leveraged digital platforms to reach broader audiences, contributing to policy dialogue as the country’s political situation has stabilized.

Regional Differences

State-building progress has been uneven, and insecurity continues to shape civic space. In South Somalia, human rights defenders and activists face threats from both state and non- state actors, including terrorist groups. Somaliland and Puntland, by contrast, have experienced greater stability, though political repression has risen in recent years, marked by arrests of writers, poets, activists, and journalists on charges of undermining stability.

The transition from a unitary to a federal system has created legal fragmentation. NGOs often face multiple registration processes with different requirements across federal member states, and disputes between the federal government and member states have periodically disrupted operations (e.g., restrictions on flights to Kismayo during the 2019 Jubaland election dispute).

Constitutional and Legal Background

Somalia’s legal landscape combines pre-1991 unitary legislation with newer laws adopted since the introduction of federalism in 2012. The country operated under a Provisional Constitution from 2012 until March 2026, when a new permanent constitution was formally adopted. Somaliland and Puntland have their own constitutions, which are expected to align with federal law. While the federal constitution guarantees fundamental rights drawn from international instruments, enforcement has been inconsistent, and key implementing legislation such as a federal NGO law has remained pending for years.

Somalia president signs new constitution into law (March 2026)
President Hassan Sheikh Mohamud has signed the country’s new constitution into law to help create a legal framework to strengthen governance and enhance political stability. The revised document, which ends years of provisional governance, is the most important pillar for reinforcing national unity and institutionalizing a governance system, said Mohamud, who signed the new charter Sunday evening in Mogadishu, the capital. “Today concludes the extensive process of revising Somalia’s Federal Constitution, which has been provisional for some time and recently ratified by the Federal Parliament,” he said, according to a statement issued by the presidency. Somalia’s parliament approved the long-awaited new constitution on March 4, ending a process that spanned more than 13 years.

Authorities must secure accountability for attacks on journalists by security forces (March 2026)
The IPI global network strongly condemns the killing this week of Somali journalist Abshir Khalif Shidane – the latest incident of violence against the press carried out by Somali security forces, which also includes the detention and reported torture of another journalist. Somali authorities must conduct thorough and independent investigations that lead to accountability in these and all other attacks on journalists. In a separate incident, Somali Cable TV journalist Abdihafid Nur Barre was detained by Somali National Army officers in Mogadishu on February 24. Barre’s detention is believed to be linked to a publication on the dismissal of four commanders of the Gorgor Forces who objected to orders to reduce the allowances of injured or sick officers.

Somali Civil Society SONSA Monthly Bulletin (January 2026)
Members of Somali civil society, led by the Somalia Non-State Actors (SONSA) Chairperson Osman Moallim, met with the Director General of the Ministry of Interior, Federal Affairs and Reconciliation (MoIFAR) in late January to discuss the long-awaited NGO Bill. SONSA representatives highlighted that delays have been caused by unresolved institutional responsibilities between the Ministry of Interior and the Ministry of Planning. The Director General committed to sharing the latest draft with civil society for review and to accelerating the legislative process. Both parties agreed to develop a Framework Cooperation Agreement between MoIFAR and Somali Civil Society.

Aid Cut Strains Government and Civil Society in Somalia (April 2025)
In the wake of recent U.S. aid cuts, Puntland officials and civil society groups have begun discussions on how to bridge the funding gap and invest in local solutions, particularly in the health sector. The Puntland Ministry of Health hosted the region’s largest-ever conference on health investment in Garowe, the state capital, bringing together government leaders, entrepreneurs, and civil society representatives on 21-22 April. The two-day gathering also included participation from the deputy president, ministers, parliamentarians, medical professionals, and experts from both local and international communities. “This is an important meeting. Our discussions focused on how Puntland can become more self-sufficient,” said Daud Mohamed Omar, Puntland’s Minister of Planning.

U.S. Calls for Dialogue On Controversial Somali Media and Information Bills (August 2024)
U.S. Ambassador to Somalia, Richard H. Riley, has called for the Somali government to engage in good faith dialogue with journalists’ unions and civil society to resolve concerns over the controversial Somalia Media Council and proposed Official Information Bill. The Ambassador’s remarks come amid growing criticism from various groups, including the International Federation of Journalists (IFJ) and the National Union of Somali Journalists (NUSOJ), regarding the potential impact of the proposed legislation on media freedom and access to information. Riley encouraged the Somali government to work closely with civil society to find mutually acceptable solutions to the issues raised by the media and civil society organizations. “The United States stands firmly in support of a free and professional media and the principle that government and civil society should always engage in good faith to peacefully resolve differences of opinion,” said Ambassador Riley.

“The Work of Women’s Rights Groups is Vital in Changing the Perceived Role of Women in Society” (April 2024)
The brutal killing of a pregnant woman who was burned alive by her husband, alongside two other femicides that took place in the first week of February, sparked protests in Mogadishu, Somalia’s capital. These cases were not exceptional – Somalia has a very high femicide rate – but their extreme brutality deeply shocked and outraged the public. In taking to the streets, people in Somalia became part of a wider regional trend of protests in reaction to brutal femicides. Protesters demanded justice for victims and survivors, recognition of and respect for women’s rights and the end of a variety of forms of gender-based violence (GBV) that can escalate all the way to femicide.

ATMIS Trains Public Officers on Human Rights in Jubaland State (September 2023)
Twenty-one officers from Jubaland Federal Member State ministries and CSOs have completed a five-day training of trainer’s course on human rights and civilian protection in the port city of Kismayo. The course is part of a series of training organized by the African Union Transition Mission in Somalia (ATMIS) to equip Federal Member States and CSO officials with the necessary knowledge on how to protect and promote human rights in their respective regions.

The Arbitrary Detention of Bushaaro Ali Mohammed (May 2023)
The Human Rights Centre condemns the arbitrary detention of Bushaaro Ali Mohammed, a freelancer who has worked for many media houses in Somaliland. Bushaaro was arrested on May 15, 2023 and remanded on May 17, 2023. As a result of her capture, she sustained considerable wounds to her forehead and knee. During her court appearance for the remand period, the allegations against her are related to covering the conflict in Las’Anod and seditious act against the Somaliland government. At the current moment, it is difficult to access visitation rights to Bushaaro.

Somalia PM Urges Commission to Speed Up Work on Constitution (April 2023)
Prime Minister Hamse Abdi Barre has urged the Independent Commission for the Review and Implementation of the Transitional Constitution to speed up its work on the country’s Constitution. Barre met with the Commission and stressed the importance of completing the Constitution as a priority for the government. He stated that the Constitution is a key document for the country and that it is important to have a Constitution that is agreed upon by all Somalis.

SJS Condemns Arbitrary Arrests of Journalists in Mogadishu and Somaliland (February 2023)
The Somali Journalists Syndicate (SJS) condemns the multiple, but separate arrests against journalists and media community in Mogadishu, Banadir region and Wajale town in Somaliland, which are the latest in a string of attacks against journalists in the country. “Federal and regional authorities should respect both the federal and regional constitutions that guarantee the press freedom and the freedom of expression and guarantee the safety and security of the journalists in order for them to be able to exercise their profession without fear,” stated SJS president Mohamed Ibrahim.

Deadly clashes between protesters and security forces in Somaliland (January 2023)
Local media have reported deadly clashes between protesters and Somaliland’s security forces in Laascaanood, the capital of Sool region. At least twenty people had been killed over five days of protests. Internet and phone lines have now been cut off by Somaliland’s security forces in the city. Laascaanood is near the border between the self-proclaimed republic of Somaliland and the Somali semi-autonomous region of Puntland. The protesters want their city to be run by Puntland rather than Somaliland.

Somaliland postpones presidential election (September 2022)

Somalia’s election raises more questions than answers (May 2022)