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

Somalia adopted an interim national Constitution in August 2012,^* which governs all of South Somalia – that is, all of Somalia except for Somaliland, Puntland, Jubbaland, Galmudug, Hirshaballe, and Southwest. Somaliland, which is technically a regional state and is considered by the international community to be part of Somalia, considers itself independent and has its own constitution, which was adopted in 2001. In addition, each of the other regional states (Puntland, Jubbaland, Galmudug, Hirshaballe, and Southwest) has its own constitution, which must be in line with the federal one.

The finalization of the Somali Constitution, which has remained in draft form since 2012, became one of Hassan Sheikh Mohamud’s top priorities after he assumed the presidency in May 2022. The newly elected houses also appointed constitutional review committees in charge of finalizing the Constitution consultation process, and the Senate and Lower House will play a crucial role in resolving outstanding issues and putting the current interim national Constitution to a public referendum. On August 2, 2022 , the Prime Minister appointed a new Minister of Justice and Constitutional affairs to lead the Constitution consultation process.

Chapter 2 of the current 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 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.

* 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.

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, which were approved by the six signatories and are enforceable only in South Somalia; Somaliland adopted separate legislation for its own governance after 2012. The list of legislation and regulations affecting civil society and civic freedom may be classified as below:

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

South Somalia Draft NGO Bill

The national government has not yet been able to pass parliamentary legislation to regulate civil society. A collaborative drafting process was launched in 2018, with the Somalia NGO Consortium providing input on behalf of civil society. In December 2019, the Cabinet passed the NGO Bill. NGOs have since formed an advocacy group to urge the federal Parliament to actively engage NGOs and pass the Bill. Although it still remains a draft, there is optimism among NGOs that the new Parliament and its sub-committees will prioritize its passage. For example, on August 20, 2022, Parliament appointed sub-committees. One of the sub-committees’ responsibilities is to assess outstanding bills and unfinished business of the previous Parliament and present those bills for discussion and approval. It is anticipated that newly constituted sub-committees will review the NGO bill.

The Bill intends to regulate the operations and registration of NGOs in Somalia, to create an enabling environment, and to provide for the appointment of the registrar-general and registrars for registering NGOs. It defines 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) With respect to classifications, the law provides for only two types of NGOs: international and local NGOs.

The Federal Ministry of Planning would be mandated to register, regulate the operations of, and oversee NGOs through registrars-general or registrars in South Somalia and the regional states. The procedure for recognition and certification of NGOs under South Somalia’s draft bill is similar to the procedures in the existing NGO laws in Somaliland and Puntland.

Under Article 10 of the South Somalia draft bill, NGOs may apply for registration by submitting to the Registrar-General or their appointees the completed registration form, along with the following documents:

• Three copies of the constitution of the organization;
• Names and contacts of the founders of the organization;
• Names of the office bearers of the organization;
• Suggested names for registration in name search form; and
• Proof of payment of prescribed fees for name search and registration paid into a specified bank account.

The Bill would exempt from taxation funds raised to finance an NGO’s operations. The individuals employed by NGOs would be, however, subject to income tax. The draft Income Tax Bill, which is pending before the South Somalia’s parliament, would create exemptions from taxing charitable or not-for-profit organizations.

South Somalia Media Law

The current South Somalia Press Law is widely believed to restrict media freedom. It was passed in 2007 when the country was under transitional institutions and there was a war between the Ethiopian forces and transitional institutions on the one hand and militants of nationalist liberation forces and al-Shabab on the other. While the Law was amended in 2016, media organizations have advocated for a further review to ensure the fundamental rights of the media to operate freely are protected. In response, the South Somali cabinet approved a package of amendments in July 2017 and forwarded them to the parliament for approval and adoption. The amendments remain pending but are not readily available to the public.

Somaliland Press Law No. 27/2004

Journalists have been struggling to advocate for amendments to Somaliland’s Press Law, but there has been no progress. The government applies criminal legislation for offences such as defamation. Journalists are advocating for a Press Law that decriminalizes defamation and establishes civil liability for violations.

Puntland Media Draft Law

This draft law was amended by the Puntland Parliament in June 2016 with the objective of increasing media protection. The law is pending and has moved between parliament and the executive several times.

Development Cooperation Frameworks in Somaliland

Somaliland and its international partners have developed a number of frameworks to coordinate working relationships. Accordingly, Somaliland has primarily requested that the UN and INGOs work with Somaliland as independent nations rather than through Mogadishu, which has affected working relationships and INGOs’ operations. To resolve this issue, the Somaliland Government, the UN, and international partners organized a committee tasked with drafting a new working framework; this framework has been accepted and is ready for implementation.

Revisions to the Penal Code of 1964

According to the February 2023 UN Security Council report on Somalia, the country is revising the Somali Penal Code of 1964. As part of this revision, Somalia intends to incorporate a definition of torture that aligns with Article 1 of the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT/C/SOM/1). On November 9, 2022, a delegation from Somalia engaged in dialogue with the Committee Against Torture regarding Article 19 of the CAT/C/SOM/1.

The Somaliland and Puntland authorities have adopted legislation governing NGOs, while South Somalia’s draft law on NGOs has yet to be passed.

Somaliland recognizes three types of NGOs: local NGOs, international NGOs, and foreign NGOs. According to the Somaliland NGO Law No. 43/2010, a local NGO is any organization registered in and thus operating only in Somaliland. (Art. 1) A wide variety of organizational types, including community associations, foundations, think-tanks, pressure or interest groups, community-based committees, and ad hoc fora, among others, are all able to register as “local NGOs”. (Art. 1) Legal and professional organizations are an exception, regulated under a separate law by the Ministry of Justice.

Although the law distinguishes between international and foreign NGOs, it does not provide for substantially different treatment. The only difference is that foreign NGOs are those registered in only one country, while international NGOs are those registered in more than one country. The law also recognizes NGO consortia and provides for an advisory committee to facilitate the activities of NGOs.

Puntland’s NGO Law is similar to Somaliland’s law in its scope of administration, classification, registration procedure, duties, and restrictions. However, it does not include an advisory committee to facilitate the activities of NGOs.

The exact number of domestic NGOs and INGOs operating in Somalia is difficult to determine because the data is scattered across the regions. In October 2018, Oxfam reported 52 INGOs were working in all of Somalia. Registered domestic NGOs total around 2,000 in Somaliland, 1,000 in Puntland, and 2,000 in Mogadishu.

On January 2023, the Ministry of Planning, Investment, and Economic Development launched an online portal to manage NGO projects. The Ministry’s online dashboard displayed 708 registered organizations with 1,323 active projects and over $31 million in committed funds as of January 2023. The Somalia Aid Information Management System (AIMS), which the Ministry of Planning, Investment and Economic Development (MoPIED) operationally and technically administers, is a web application that enables partners to share information on development and humanitarian aid flows in Somalia. It also aims to increase transparency, accountability, and coordination in aid efforts and make aid more effective.

In Somaliland, Puntland, and South Somalia, NGO transactions are taxed on the same basis as private sector businesses and are subject to the value added tax (VAT), income tax charged against staff income working with NGOs, vehicle road tax, and property tax.

According to the Somaliland Inland Revenue Act, “[t]he charitable or not-for-profit private organizations that are approved by and registered with the Somaliland Revenue Authority are referred to as ‘exempt persons’ and are exempt from tax to the extent provided by this Act.” (Art. 5) Under Article 217, the donations given to these organizations are similarly tax-exempt. The procedure for obtaining tax exempt status is based on Somaliland’s Guidelines for Working in Somaliland for International Organizations. (Page 19) The applicant for tax exempt status is required to work with the Ministry of Planning and the Ministry of Finance. The applicant submits a memo to the Ministry of Planning, as described in the chart in the Guidelines. The Ministry of Planning then reviews and approves the request and submits it to the Ministry of Finance’s revenue department. The Ministry of Finance then facilitates the effectuation of the request. There is no timeframe to process a request even though NGOs invest considerable time and effort to navigate these various hurdles.

As part of public finance management system (PFM), Somaliland’s inland revenue is adopting a tax identification number (TIN) that requires all INGOs and local NGOs to register and pay their taxes, such as staff payroll income tax, project tax, and contract tax, via a digital system. INGOs and local NGOs are unable to renew their registration certificates with the Ministry of planning unless they have obtained a TIN number and tax clearance certificate from the Ministry of finance.

Somalia’s Ministry of Interior and Somaliland’s Ministry of Planning have added links to their websites and forms that INGOs and NGOs need to fill out when they want to register a new organization or renew their certificates. Obtaining information is, therefore, easier now than it was in the past.

Puntland is considered to have had most inclusive public participation in Somalia historically, with participants in Puntland’s state formation process in 1998 including traditional elders, political elites, civil society representatives and business people. Nevertheless, there has been a pattern of limited public consultation and opportunities for public participation in key political processes throughout Somalia, which have been primarily elite driven and ineffective in reconciling the various stakeholders in Somali society. Factors inhibiting inclusive public participation include top-down and externally driven political processes, lack of security, clan-based power-sharing formulas, the absence of multi-party political systems, and low levels of civic education.

Registration

In both Somaliland and Puntland, to register an NGO, an applicant must comply with a list of requirements at the registrars in the Ministry of Planning. The laws require annual registration, with application and renewal forms submitted each year. In Somaliland, the application and annual renewal forms for local and international NGOs are uploaded on the Ministry’s webpage. According to the January 15, 2019 Ministerial decree, the application and renewal form templates have been revised and translated into Somali.

According to Article 13(1) of the Somaliland NGO law:

Any non-governmental organization to be registered should submit to the registrar the following documents:

• The prescribed registration form completed and attached to:
• Organizational constitution;
• Photographs of the founding members;
• Criminal record clearance of the founding member;
• Resumes of the founding members;
• Organizational asset; and
• Annual workplan.
• Functional office, address, unique suggested name, and logo for registration 
• Copies of the constitution authenticated by attorney and equally signed off by all founding members;
• Organizational structure with job descriptions; 
• List of qualified staff to operationalize;
• Organizational objectives, goals and activities has to be in line with the national legislations; and
• Proof of payment of prescribed fee for registration paid to the inland revenue office

According to Article 13(2) of the Puntland NGO law:

Any non-governmental organization to be registered should submit to the registrar the following documents:

• Application for the registration of the NGO detailing suggested name, headquarters, and branches and the founding members and address
• Organizational objectives and the geographical coverage of the organization 
• Proof of payment of prescribed tax for registration paid to the revenue office ( 10(1)).

Community-based committees and ad hoc groups are the only unregistered groups that are allowed to form or operate under all three laws, and these groups do exist. Under the Puntland and Somaliland NGO laws, unregistered national NGOs are not mentioned, but international NGOs not registered with the Ministry of Planning are prohibited from any operations in both locations (Art. 24 of Puntland NGO Law and Art. 29 of Somaliland NGO Law). However, these laws do not provide any specific penalties for unregistered organizations carrying out activities.

As there is no legislation on NGOs in South Somalia, it has different registration practices in place. The Ministry of Interior Affairs licenses NGOs, but the Ministry of National Planning regulates their performance. In addition, in South Somalia and in other states, local governments also license NGOs, creating a multi-layered registration and licensing system.

The registration of international NGOs in Somaliland and Puntland is subject to specific requirements, including submitting their registration license from their country of origin and detailing resources raised from outside Somalia. (Art. 31 of Somaliland NGO law and Art. 26 of Puntland NGO law) In Somaliland, registration and renewal for an international NGOs are limited to the duration of the project they are implementing, while in Puntland international NGOs are required to seek annual registration. In practice, international NGOs frequently operate from Nairobi, Kenya and are represented in Somalia by field offices. The federal government has been pressuring NGOs to minimize the operational costs and reduce bureaucracy by basing their operations in Somalia instead of in Kenya.

On January 29, 2023, the Somaliland Ministry of Planning and Development issued a letter addressed to local NGOs, INGOs, and non-state actors. It discussed the registration of new NGOs and the renewal of existing ones and instructed NGOs to start the registration and annual renewal process on February 1, 2023 and to follow a provided form to avoid submitting incomplete information. All required data should be submitted to the registration office and the processing time for a certificate issuance was estimated to be one to five days.

Founding Members

The South Somalia draft NGO bill and Puntland NGO Law do not discriminate by nationality, age, or number of founding members for registration of an NGO. However, under the Somaliland NGO law, at least five citizens or resident foreigners are required to establish a national NGO. (Art. 12) In addition, the Somaliland and Puntland laws designate the number of NGOs required to form a consortium: 15 NGOs in Somaliland (Art. 11) and 5 NGOs in Puntland (Art. 16). In Somaliland, according to a Ministry of National Planning update on new registration/renewal of NGOs (Ref: WQHQ/D5/32/2019 of January 15, 2019), the application forms also include a requirement to submit the organization’s assets, list of staff, and budget, although there is no minimum required amount of assets.

Review of Registration Applications

Both the South Somalia draft NGO bill and Somaliland NGO law mandate that their respective Ministries of Planning, advisory committees/boards, and registrars all play a role in the registration of NGOs. (Art. 6 of the South Somalia draft NGO bill and Art. 6 of Somaliland NGO law) By contrast, the Puntland NGO law does not provide for an oversight committee or board.

Under the Somaliland and Puntland laws, the Ministry of Planning has discretionary authority to refuse registration on the grounds of false or misleading information. The South Somalia draft NGO bill, by contrast, would require registration to be processed within 90 days of submission of all required documents. The three laws provide different remedies after refusal. The South Somalia draft NGO bill would provide the opportunity to lodge an appeal to the relevant court within 30 days of receipt of the decision, while the Somaliland NGO Law provides no opportunity to appeal and requires the organization to wait for one year before it renews its request for registration. The Puntland NGO Law does not mention any next steps if the initial request is refused. The South Somalia draft bill states that a certificate of registration is valid for five years from the date of issuance and renewable after expiration. (Art. 10) In Somaliland and Puntland, registration must be renewed annually.

Under the Somaliland and Puntland NGO laws and the South Somalia draft NGO bill, an organization’s registration may be cancelled for failure to comply with provisions of the laws, provided that the organization receives a warning (Art. 41 of Somaliland NGO Law, Art. 37 of Puntland NGO law, and Art. 17 of the South Somali draft NGO bill).

Fees and Penalties

NGOs are required to pay a registration fee and charges, which amount to $110 in Somaliland and $200 in Puntland. In addition, NGOs must pay an annual renewal registration fee of $60 in Somaliland and $100 in Puntland. The South Somalia draft NGO bill does not require registration or renewal fees.

The Somaliland and Puntland NGO laws prohibit NGOs from pursuing the following activities:

• Political activities and campaigns for specific political parties or associations;
• Inciting, organizing or assisting violent confrontations, fighting or obtaining of arms;
• Involvement in the use of arms and explosive materials or dealing in the importation of narcotic substances;
• Using the organization’s resources for activities against the national interest, religious values, public morality or discrimination (Art. 16 of Somaliland NGO law and Art. 8 of Puntland NGO law).

The South Somalia draft NGO bill includes general provisions related to violations of the law. Suggested penalties include fines determined based on the circumstances.

Comparison of Somaliland and Puntland Entry Requirements

New Aid Coordination System

On May 9, 2023, Somalia’s government held a meeting to discuss aid coordination and inform its international partners about the new architecture and the federal government’s plan to coordinate aid and development activities. However, Puntland, which is one of the federal member states, did not attend the meeting and opposed the new system because its government is against the centralization of aid coordination that the new system will bring about. Puntland’s disagreement may disrupt the operations of NGOs and INGOs if Puntland, as expected, uses its own independent coordination mechanism instead of the federal government’s system.

The new federal government system is summarized below:

• High-level engagement will serve as the apex of the Somali aid architecture and will be led by the office of the President.
• Somalia Partnership Forum will serve as the policy-level and decision-making body for the revised aid architecture and will be led by the prime minister.
• Humanitarian Development and Peace Nexus will serve as a convergence point for the three forums mentioned below.
  • Development Coordination Forum (including federal member states), whose objective is to revitalize the pillar working groups and to ensure the effective implementation of the national development plan.
  • Humanitarian Coordination Forum (Including FMS), which aims to aid the government and humanitarian actors to fast-track humanitarian interventions on the ground.
  • Aid Coordination Office, which is led by the Ministry of Planning, Investment and Economic Development to coordinate the revised Somalia Aid Architecture.
• Somalia also restructured the Donor Engagement Office as the new Development and AID Coordination Office, which will manage all the donor-related activities.

In addition, the Ministry of Planning and Development has accelerated the process of moving INGOs from Kenya to Somalia. The Ministry has appointed relocation taskforce teams that have conducted several meetings with INGOs to ensure that they have all the necessary support from the government. As a result, some INGOs have already relocated their offices, while others are in the process of doing so.

Jurisdictional Conflict

In 2018, Somaliland moved to expel national NGOs registered in South Somalia. As a result, the registrations of six NGOs were cancelled on grounds of unspecified violations of the Somaliland NGO law, according to a Ministerial press release by the deputy Minister of Planning. They were apparently expelled as part of Somaliland’s disengagement from South Somalia. The NGOs were registered in “another country” (i.e., Somalia), so they could not be registered in Somaliland as domestic NGOs.

Termination on Grounds of National Security

According to the Somaliland Public Order and Security Law (Art. 36) and the Somalia Public Order Law (Art. 61), the security committee/public order authority may request the court to dissolve an organization within three months on the grounds of national security. The court can give the organization a warning, and if nothing changes, can dissolve the organization. However, the organization may appeal the dissolution in court. Because the power to register and cancel NGOs rests only with the Ministry of National Planning, this creates a conflict between government entities.

Duplicative Reporting

The Somaliland Public Order and Security Law and Somalia Public Order Law require associations, regardless of their nature, to submit their constitution, regulations, activities, founders, and office details to the regional governors. Not only is this duplicative of the requirements under the NGO laws of Somalia, Somaliland, and Puntland, but it also makes NGOs accountable for reporting to both the Ministry of Planning and the Ministry of Interior, as well as possibly line ministries.

In early 2018, the federal government notified all international NGOs stationed outside Somalia with projects in Somalia that they must relocate their main offices to Somalia, with the stated intention of minimizing NGO operational costs and facilitating closer coordination with government line ministries. In January 2019, Puntland also issued a new directive on the information required from international organizations seeking tax exemption in Puntland state. At the same time, Somaliland revised the registration and renewal application templates and annual reporting templates for both national and international organizations.

Lastly, international and national NGOs must work with the relevant line ministries that have jurisdiction over the area of their work. For instance, organizations focused on women’s empowerment work with the Ministry of Youth, and those addressing gender-based violence work with the Ministry of Social Affairs. These Ministries monitor the NGOs’ performance. As a result, each organization must report to both the line ministry and the Ministry of National Planning, the latter of which oversees all NGOs (Art. 6 of Somaliland NGO law and Art. 5 of Puntland NGO law).

Interference in NGOs’ Internal Affairs

Throughout Somalia, NGOs implement their programs in collaboration with government authorities, and in high-risk areas they usually move escorted by the police, with cost recovery required for the police. Although allegations of government interference in civil society have been longstanding, they have escalated since the government’s 2014 financing of the construction of offices for the consortium of Somaliland youth NGOs. In exchange, the government was accused of manipulating the consortium’s internal elections by backing its candidate for the chairmanship. In 2017, the main opposition party also accused other NGOs, including the Somaliland Non-State Actors Forum (SONSAF) and Academy for Peace and Development (APD), of affiliating with the government in the electoral period; as a result, the party stopped working with both SONSAF and APD.

The Public Order Law of Somalia establishes public order authorities at the national, regional and district levels (Art. 2) which, in cases of “urgent necessity” (Art. 10), have the right to enter premises where activities are carried out at any time. The law does not specify the nature of activities subject to the law, however. These public order authorities may also order someone to appear before them, prohibit or suspend a public meeting, or make activities subject to special conditions as to the time and place. (Art. 13(4)) The authorities can also make further restrictions in a state of emergency.

Threats from al-Shabaab

Somalia’s newly elected president in 2022, Hassan Sheikh Mohamud, declared war against the al-Shabaab insurgency and successfully regained control of various districts. The fight against al-Shabaab has become the Federal Government’s primary focus. However, al-Shabaab has responded through retaliatory attacks, including the use of suicide bombings and setting up roadblocks. These actions pose a significant threat to the security and operations of NGOs in the country.

The international community is also providing support to the government in its efforts to combat terrorism and maintain peace and security. The ongoing conflict against al-Shabaab has significantly impacted large parts of southern and central Somalia. In response to the war and al-Shabaab’s retaliation, many INGOs, the UN, and other NGOs have been forced to reduce their activities in the affected regions. For example, NGO staff members are often unable to travel due to security concerns.

Barriers to International Contact

There are no barriers to international contact in Somaliland, Puntland, or South Somalia. In fact, international development partners cooperate with local NGOs in all regional states.

Despite the often tenuous security situation in the country, on January 30, 2023, the Somalia Federal Ministry of Planning, Investment, and Economic Development (MoPIED) released a press statement to instruct all INGOs and UN offices that have offices outside of the country to relocate their offices into the country between January 30 and March 31, 2023. The Ministry stated that the current security situation in Somalia now allows INGOs and UN agencies to operate safely within the country. Previously, a large number of international NGOs and UN agencies had their headquarters in Nairobi due to the insecurity in Somalia and conducted most of their senior meetings, workshops, and conferences in neighboring countries, such as Kenya, Ethiopia, and Uganda. The Ministry emphasized that it will take measures against any INGO that fails to comply and relocate within the specified time frame. Furthermore, the Ministry informed and encouraged INGOs to hold their meetings and workshops inside Somalia and to take advantage of the improved security situation.

Domestic NGOs have not reported any impediments to accessing funding. They are generally able to receive funds from international or foreign partners without permission from the government. Similarly, NGOs can mobilize local resources, including revenue-generating activities to support their programs, despite some legal uncertainty about NGOs’ economic activities. The NGO laws of Puntland (Art. 8(6)) and Somaliland (Art. 11(7)) restrict the use of NGO resources for “commercial activities”; the articles do not, however, provide details on the nature and scope of the prohibited commercial activities.

Throughout Somalia, individuals and organizations may criticize public authorities, advocate for certain policies, and support social groups. NGOs advocate for human rights, good governance, democratization, and other issues of concern. NGOs may contact and cooperate with regional and international agencies inside and outside of the country, and there are no restrictions on travel to international fora. There are also no laws to prohibit or restrict access to international platforms or online communications, engagements, or information-sharing.

At the same time, however, there are unwritten red lines that prevent NGOs and individuals from expressing their views on certain topics, such as security authorities and law enforcement agencies.

Indeed, in recent years, available space for the freedom of expression seems to have narrowed. In its 2018 report, the Human Rights Center in Somaliland claimed that 28 journalists and seven non-journalists were arrested for expressing their views, including on social media, and certain media centers were shut down or suspended. Similarly, 16 journalists were detained for their reporting in South Somalia. In 2018, a young female poet from Somaliland traveled to South Somalia and was arrested for expressing her desire for a united Somalia, while others were arrested for commenting on social media about the situation of the country. In December 2018, another young person was dismissed from his government position after he performed a comedy routine about the travels of the president. In January 2019, another poet was arrested for publishing a poem about the prisons and custodial conditions, while six other government employees were put under investigation because of comments and likes and shares on social media.

The restrictions on journalists have continued since the series of arrests and detentions in 2019. For example, in May 2023, Somaliland police arrested Bushaaro Ali Mohamed shortly after she entered the border town of Wajale from Ethiopia. The authorities then transferred her to police custody in the Somaliland capital of Hargeisa.When she appeared at the Hargeisa regional court without any legal representation, authorities accused her of disseminating propaganda and undermining Somaliland’s national security and unity, but did not formally charge her with a crime. The reason for her detainment was seemingly her posting of critical commentary on her Facebook page, where she has about 790,000 followers. In July 2023, a court adjourned the case without setting a specific date for a subsequent hearing.

Media Regulation

On August 26, 2020, the Somali president signed and published the Somalia Media Law. A number of federal member states and media organizations, such as the Media Association of Puntland (MAP), criticized the law and its adoption process.

The government of South Somalia frequently restricts media professionals’ access to information and reporting of significant events. For instance, the government has restricted media access to presidential elections. NGOs also have a limited role in observing the election process.

Somaliland journalists have been subjected to threats, harassment, intimidation, beatings, arbitrary arrests, and prosecution since 2020. In April 2022, the government apprehended and imprisoned 15 journalists covering a gunfight in Hargeisa central prison. The government also shut down two television stations, MMTV and CBA, without any legal procedure. The government later revoked its closure of MMTV but fined it $10,000 USD for operating without a license.

Somalia journalists have expressed concern over the increase in arbitrary arrests of journalists in the country. Dozens of journalists have been arrested in different parts of Somalia in 2023 without being charged for any crime or being given the opportunity to present a defense in court. For example:

• On February 12, 2023, two journalists from Risaala Media Corporation, Qasim Ibrahim Adani and Abdikarin Mohamud Mohamed, were apprehended by Somali police in the Kaaraan district of Mogadishu. The two journalists were covering a protest by local transporters, who were expressing their discontent regarding the closure of roads at an intersection in the Kaaraan district. Following their detention, the police demanded that the journalists erase the footage they had taken of the protesters and desist from reporting on any subsequent protests. The journalists were later released without any charges being filed against them.
• On February 20, 2023, Ali Elmi Salaad and Sakariye Mohamed Salad of Radio Kulmiye in Mogadishu were briefly detained by Somali intelligence agents. The journalists were covering a disputed election by the Banadir Truck Owners Cooperative at the time of their arrests. After being taken into custody, they were transported to the NISA headquarters, also referred to as “Habar Khadijo,” where they underwent an hour-long interrogation before being released without charges filed against them.
• Abdalle Ahmed Mumin, the Secretary general of the Somali Journalists Syndicate (SJS), was apprehended by security officers while attending a public meeting organized by a senatorial committee during which he had been invited to speak. According to media reports and the SJS, the security officers did not present a warrant or provide any explanation for the arrest. Following the arrest, Abdalle was transferred to the central prison in Mogadishu.
• SJS reported that two journalists in Somalia were intimidated and threatened with prosecution for reporting on allegations of corruption and injustices in Mogadishu. Specifically, this incident occurred on May 10, 2023 to Ahmed Said Ahmed of KNN Radio, who was summoned by the Mogadishu police criminal investigation department (CID) for questioning.

Meanwhile, a journalist and activist from Somaliland, who is based in the UK, was arrested by the police in the town of Wajale, which is located on the border of Ethiopia and Somaliland. The journalist, Bushaaro Ali Mohammed (also called Bushaaro-Bande), is known for her work on social media. She has been critical of the government’s policies, corruption, the conflict in Las’anod, and delayed elections and was arbitrarily detained by authorities in Somaliland. The Somaliland Human Rights Centre condemned this detention, which occurred on May 15, 2023 and led to injuries on Bushaaro’s forehead and knee. During her court appearance on May 17, 2023, she faced allegations related to covering the conflict in Las’anod and engaging in “seditious acts” against the Somaliland government. Opposition parties and media activists have also condemned the arrest of Bushaaro and called for her immediate release and an independent investigation into the allegations of torture and wounds on her. Likewise, in Burao, young activists held a protest against her detention. The police arrested several of the activists, but some were released soon afterwards.

Restrictions on Radio

Somaliland has outlawed the operation of independent radio stations. Only state-run stations are permitted in Somaliland. In Puntland and Somalia, a large number of private radio stations operate and penetrate all rural areas, but Somaliland’s government-controlled radio station is unable to reach rural areas.

The BBC’s activities in Somaliland have also been halted, and the government has shut down the BBC’s FM frequency, according to an announcement made by the country’s minister of information on July 19, 2022. Five days after that announcement, the Somaliland government closed the office of BBC Media Action, an independent NGO partner with BBC World.

The national and regional constitutions protect the freedom of assembly either explicitly or implicitly. According to Article 20 of the national constitution, every person has the right to organize and participate in meetings and to demonstrate and protest peacefully without requiring prior authorization. Similar protections are found in Somaliland and Puntland. For instance, under the Somaliland constitution, every citizen has the freedom, in accordance with the law, to organize or participate in any peaceful assembly or demonstration. Although Puntland’s constitution does not expressly mention this, it provides that every citizen has the right to address a written petition to the President of Puntland, the House of Representatives, and the Government. (Art. 27)

Legislation regulates the exercise of this right. According to Art. 13 and 59 of the Public Order Law, 1963 in Somalia and Art. 10 and 36 of the Public Order and Security Law, 2012 in Somaliland, administrative powers are given to the executive branches. The scope of government’s power to maintain order has been a consistent subject of debate.

Accessibility of Law 

The 1963 Public Order Law of Somalia is written in English, and as such, has been largely inaccessible and incomprehensible to many people. In 2012, Somaliland looked to the 1963 Public Order Law as a model for its new law, the Public Order and Security Law, which was drafted and enacted in Somali.

Excessive Discretion

The provisions related to protests, dispersing protestors, suspending ongoing protests, administrative interim remedies, and contingency arrest powers under the Public Order Law of Somaliland (Arts. 8, 9) and the Public Order and Security Law of Somalia (Art. 13) are vaguely drafted, thus inviting law enforcement to exercise discretion in applying the law. Moreover, the military may be deployed to accompany police operations when there is a “need or necessity” under of the Somaliland Public Order Law. (Art. 7) The law does not clarify what “need or necessity” means, which compounds the opportunity for abuse.

Advance Notification

According to the Somalia Public Order and Security Law (Art. 13) and Somaliland Public Order Law (Art. 13), the organizers of an assembly, gathering, or protest to be held in a public place or in a place open to the public shall notify the district commissioner at least three days in advance.

Even if a gathering is convened as a private meeting, it is deemed public if it assumes the character of a meeting that is not private because of the location where it is held, the number of persons involved, or its purpose or object. (Art. 13 of Somalia Public Order and Security Law and Art. 10 of Somaliland Public Order Law) There is no requirement to specify the number of participants of the gathering or protest.

In Somaliland the notification of an assembly, gathering, or protest is subject to the approval of the Minister of Interior or governor or district commissioner, who has the authority to deny permission. In practice, no spontaneous demonstrations are allowed. For instance, on January 28, 2019, 22 street children who spontaneously demonstrated in front of the Ministry of Social Affairs were detained by the police. After only two days of court proceedings, they were convicted and sentenced to six months imprisonment. According to the Hadhwanaag news website, the children had complained about the dire circumstances they faced in the cold winter. The Human Rights Center lawyers in Hargeisa argued that these children went to the Ministry only to complain about their situation and that they deserved support rather than arrest.

Time, Place, and Manner Restrictions

Political demonstrations, campaigns, or rallies are not permitted at religious places, social service centers (such as schools and hospitals), and public service offices. The Somaliland Public Order Law and Security Law also restricts any religious assembly for the purpose of public incitement, criticism, or propagating religious confrontations (Art. 11).

Carrying arms in public gatherings is also prohibited by the Somalia Public Order Law (Art. 15 and 28) and Somaliland Public Order and Security Law (Art. 12), while the use of uniforms, badges, and emblems are specifically prohibited under the Somalia Public Order Law (Art. 19).

Excessive Force

In February 2022, Somalia denied and stopped opposition demonstrations with force. For its part, Somaliland has often refused to allow opposition parties hold peaceful demonstrations, as required by Somaliland’s constitution. In Somaliland, protests have regularly resulted in the government’s forceful intervention and, in many cases, injuries sustained by protest participants. Crackdowns resulting in casualties occurred at a July 2008 protest in Hargeisa against the failure of government’s plan to drill water; at a December 2012 protest in Hargeisa against reported rigging of local election votes; at a November 2014 protest in Burao against government’s interference in the parliament; and at November 2017 protests in Hargeisa and Burao against alleged vote rigging of the presidential election. In December 2018, the federal government of Somalia forcefully dispersed protests in Baidoa against the federal government’s alleged manipulation of regional leader elections, resulting in casualties. These protests were about demands for civil liberty but were confronted with force by the respective authorities.

More recently, On July 9, 2021, the Waddani party held a protest in Somaliliand. Party leaders, supporters, and journalists were arrested, and a number of MPs and supporters were hurt. One month later, on August 11, 2021, the two main opposition parties in Somaliland held a country-wide protest against postponing elections. In an effort to silence opposition voices, the government shut down the internet. During the protest, the government also arrested more than 80 people, killed five people, and wounded close to 100 others.

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)