Protection of socioeconomic rights of internally displaced persons in Somalia

Abstract

Internal displacement in Somalia is one of the most enduring and intricate humanitarian crises worldwide, driven by decades of armed war, clan-based violence, governmental instability, and recurrent climate-related calamities. As a result, over 4.1 million individuals, predominantly women and children, continue to be internally displaced, enduring persistent infringements of their socioeconomic rights. The rights to appropriate housing and decent education are significantly compromised due to forceful evictions, precarious land tenure, congested informal settlements, and restricted access to educational facilities.

Despite Somalia's ratification of essential international and regional human rights agreements, such as the ICESCR, the African Charter, and the Kampala Convention, and its provision of basic social benefits in its 2012 Provisional Constitution, implementation has been inadequate. This study used a doctrinal research methodology to examine Somalia's legal and policy framework for the protection of internally displaced persons (IDPs), assess its compliance with international obligations, and compare it with Kenya's IDP law and policy implementation. Research indicates that although advancements have been achieved in establishing normative and institutional frameworks, significant deficiencies persist in enforcement, coordination, monitoring, and service provision.

The study indicates that Somalia urgently requires enhanced legislative enforcement, sustainable solutions, and integrated governance mechanisms to fulfil the right to housing and education for IDPs. Proposed actions include fortifying the legal framework to safeguard land rights and avert forced evictions, broadening educational access, augmenting institutional capacity, and incorporating exemplary practices from Kenya to enhance policy implementation. Implementing these measures is crucial to protecting the dignity, equality, and sustainable living conditions of Somalia's internally IDPs.