Somalia

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]

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

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.

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)

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)

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.)