Somalia

Summary of Domestic Prohibition

Slavery and slave trade

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Practices similar to slavery

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Servitude

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Forced or compulsory labour

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Human trafficking

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Forced marriage

Provisions related to forced marriage in Somalia are found in the 1964 Criminal Code which addresses violence, threat, deceit, abduction or detention for purposes of marriage an unmarried person at Article 401, with a potential penalty of imprisonment from one to three years. Provisions related to forced marriage in Somalia are also found in the 1975 Family Law, which addresses marriages contracted under compulsion or by an insane person at Article 7.

Consent to marriage

Provisions requiring consent to marriage in Somalia are found in the constitutional law 2012, section 28 of which states that no marriage shall be legal without the free consent of both the man and the woman, or if one or both of them have not reached the age of maturity. Section 7 of family law 1975 further recognises that the consent of a party or prospective party to a marriage is invalidated where the person was intoxicated or was subjected to coercion or is of unsound mind.

Servile marriage

There appears to be no legislation in Somalia that prohibits servile matrimonial transactions.

Marriage trafficking

Although legislation in Somalia does not prohibit marriage trafficking as such, it does prohibit abduction of detaining for marriage under article 401 (2) of the Criminal Code 1964, with a potential penalty of imprisonment from one to three years.

Minimum age for marriage

The minimum age for marriage in Somalia is 18, without differentiation by gender, as set out on Article 16(1) of the 1975 Family Law. However, marriages below the minimum age are permitted with the consent of the guardian, as set out on Article 16(2) of the 1975 Family Law. These exceptions are not differentiated by gender, and allow marriage as early as 16. However, the Court, in case of necessity, may allow marriages below the age of 16.

Region

Africa

Regional Court

Not party to a court

Legal System

Mixed

International Instruments

1926 Slavery Convention
Not Party
1953 Protocol to the Slavery Convention
Not Party
1956 Supplementary Slavery Convention
Not Party
1966 ICCPR
24 January 1990
1930 Forced Labour Convention
18 November 1960
2014 Protocol to the 1930 Forced Labour Convention
Not Party
1957 Abolition of Forced Labour Convention
08 December 1961
1999 Worst Forms of Child Labour Convention
20 March 2014
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
Not Party
1998 Rome Statute of the ICC
Not Party
1956 Supplementary Slavery Convention
Not Party
1966 ICCPR
24 January 1990
1966 Optional Protocol to the ICCPR
24 January 1990
1966 ICESCR
24 January 1990
2008 Optional Protocol to the ICESCR
Not Party
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
Not Party
1957 Convention on the Nationality of Married Women
Not Party
1989 Convention on the Rights of the Child
01 October 2015
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
Not Party
2011 Optional Protocol to the CRC on a communications procedure
Not Party
1979 Convention on the Elimination of All Forms of Discrimination against Women
Not Party
1999 Optional Protocol to CEDAW
Not Party
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
Not Party
1998 Rome Statute of the ICC
Not Party
1999 Worst Forms of Child Labour Convention
20 March 2014

International Obligations

  • Slavery
  • Servitude
  • Forced Labour
  • None

Regional Organisations

  • African Union
  • Organisation of Islamic Cooperation
  • Arab League

Legislative Provisions

AWAD REPORT

Paragraph 431

In the Somali Republic, there is no slaver or institution of practice similar to slavery. The Constitution and the Penal Code (Legislative Decree No. 5 of 16 December 1962) prohibit them.

The Constitution provides in Article 17:

“1. Every person shall have the right to personal liberty.

“2. Subjection to any form of slavery or servitude shall be punishable as a crime…”

Crimes relating to slavery:

[Note: the penal provisions listed in the report are reproduced below]

THE CONSTITUTION OF THE FEDERAL REPUBLIC OF SOMALIA 2012

Article 10. Human dignity

  1. Human dignity is given by God to every human being, and this is the basis for all human rights.
  2. Human dignity is inviolable and must be protected by all.

Article 14. Slavery, servitude and forced labour

A person may not be subjected to slavery, servitude, trafficking, or forced labour for any purpose.

Article 15. Liberty and security of the person

  1. Every person has the right to personal liberty and security.
  2. Every person has the right to personal security, which shall be safeguarded through the prohibition of illegal detention, all forms of violence, including any form of violence against women, torture, or inhumane treatment.
  3. The physical integrity of every person is inviolable. No one may be subjected to medical or scientific experiments without their consent or, if a person lacks the legal capacity to consent, the consent of a near relative and the support of expert medical opinion.

Article 21. Freedom of movement and residence

  1. Every person lawfully residing within the territory of the Federal Republic of Somalia has the right to freedom of movement, freedom to choose their residence, and freedom to leave the country.

Article 23. Freedom of trade, occupation and profession

Every citizen has the right to choose their trade, occupation or profession freely.

Article 24. Labour relations

  1. Every person has the right to fair labour relations.

Article 28. Family care

  1. No marriage shall be legal without the free consent of both the man and the woman, or if one or both of them have not reached the age of maturity.

Article 29. Children

3. No child may perform work or provide services that are not suitable for the child’s age or create a risk to the child’s health or development in any way

The Constitution of the Federal Republic of Somalia 2012 (PDF)

THE PENAL CODE

Note: This Code is still applied in the Republic of Somaliland and in northern Somalia region of Puntland. It is still current in South and Central Somalia.

Article 407. Instigation, aiding and exploitation of prostitution

(1) Whoever instigates another to commit prostitution, or aids or in any manner facilitates prostitution, or exploits, wholly or in part, the proceeds of prostitu7tion, shall be liable to the punishment provided for in paragraph 1 of article 405 [imprisonment from two months to two years and with fine from Sh. So. 100 to 2,000].

(2) The punishment shall be increased where:

(a) the act is committed against a person who is incapable of giving consent;

(b) the offender is an ascendant, spouse, brother, sister, or guardian of the person;

(c) the act is committed against a person entrusted to the offender for care, education, instruction, supervision or custody.

Article 408. Compulsion to prostitution

(1) Whoever, by violence or threats, compels another to commit prostitution shall be punished with imprisonment from two to six years and with fine from Sh. So. 5,000 to 15,000.

(2) Where any of the conditions referred to in paragraph 2 of the preceding article exists, the punishment shall be increased.

Article 455. Reduction to Slavery

Whoever reduces a person to slavery or to a similar condition, shall be punished with imprisonment from five to twenty years.

Article 456. Dealing and Trading in Slaves

Whoever deals or in any manner trades in slaves or persons in a condition similar to slavery, shall be punished with imprisonment from five to twenty years.

Article 457. Sale and Purchase of Slaves

Whoever, other than in the cases referred to in the preceding articles, disposes of or transfers a person who is in a state f slavery or a similar condition, or takes possession of or purchases or holds such person in such state, shall be punished with imprisonment from five to fifteen years.

Article 458. Enforced subjection

Whoever compels another to submit to his own power, so as to reduce him to a total state of subjection, shall be punished with imprisonment from five to fifteen years.

Article 464. Compulsory Labour

Apart from the cases of military or civil emergency, or the cases in which compulsory labour is expressly provided for by law [2 Labour Code], whoever forces another to compulsory labour, shall be punished, where the act does not constitute a more serious offence, with imprisonment [96 P.c.] from six months to five years an fine [97 P.c.] from Sh. So. 5,000 to 20,000.

The Penal Code (PDF)

PUNTLAND LAW AGAINST TRAFFICKING IN PERSONS 2017

Article 13-

It shall be unlawful for any person natural or legal, to commit any of the following acts:

  1. To recruit, transport, transfer, harbour, provide or receive a person by any means, for the purpose of prostitution, pornography, sexual exploitation, forced labour, slavery, involuntary servitude or debt bondage;
  2. To introduce for money, profit or material, economic or other consideration, any person or acquire, buy, offer, sell or trade him/her to engage in prostitution, pornography, sexual exploitation, forced labour, slavery, involuntary servitude or debt bondage;
  3. To force or maintain a person in prostitution or pornography (art.408 p.c.);
  4. To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labour, slavery, involuntary servitude or debt bondage;
  5. To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person;
  6. Whoever commits the offences set forth in paragraphs 1,2,3,4,5 of this article, shall be liable to the punishment of an imprisonment from eight (8) years to twenty (15) years [sic] (art. 96 p.c.) and a fine from $4,000 to $7.000 (art. 97 p.c.).

Article 14 – Acts of child trafficking

The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered trafficking in persons even if this does not involve any of the means set forth in article 13 of this law.

Whoever commits the offence of child trafficking shall be liable to the punishment of an imprisonment from ten (10) to twenty (20) years (art. 96 p.c.) and a fine from $7,000 to $9,000 (art. 97 p.c.)

PENAL CODE 1962

Part IX Crimes against morals and decency

Chapter I Crimes of Sexual Violence

Art 401 Abduction for purpose of lust or marriage

1) Whoever, with violence, threat or deceit, abducts or detains a person for purpose of carnal violence or lust shall be punished with imprisonment form two to five years.

2) Whoever, with violence, threat or deceit, abducts or detains for purpose of marriage an unmarried person, shall be punished with imprisonment from one to three years.

3) Whoever abducts or detain a person who is incapable of giving consent, for purpose of carnal violence, or lust, or marriage, shall be subject to the punishment prescribed respectively in the two preceding articles.

Part XI Crimes against the family

Chapter I Crimes against family decency and morals

Art 425 Illegal marriage

Whoever contracts a marriage when, owning to his personal status, such marriage is not allowed, shall be punished with imprisonment from six months to three years.

 

Somalia Penal Code 1962 – English (PDF)

CONSTITUTION

Article 28: Family Care

  1. Marriage is the basis of the family, which is the foundation of society. Its protection is a legal duty of the state.
  2. Mother and child care is a legal duty of the state.
  3. Every child has the right to care from their parents, including education and instruction. In instances where this care is not available from the family, it must be provided by others. This right applies to street children and children of unknown parents, the rights of whom the state has a particular duty to fulfil and protect.
  4. Adults have a duty to support their parents if the parents are unable to care for themselves.
  5. No marriage shall be legal without the free consent of both the man and the woman, or if one or both of them have not reached the age of maturity.

Somalia Constitution 2012 – Constitute Project – English (PDF)