PUNTLAND GOVERNMENT OF SOMALIA

Ministry of Interior,
Local Governments
LAW NO. XXX

PUNTLAND REFUGEE PROTECTION LAW

3RD DRAFT
DECEMBER 2016

GAROWE, PUNTLAND

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Table of Contents
Preamble..................................................................................... 6
Part I: Interpretation ....................................................................... 8
Article 1: (Short title, Extent and commencement) ................. 8
Article 2: (Interpretation)........................................................... 8
Article 3: (Meaning of Refugee) .............................................. 10
Article 4: (Declaration of prima facie refugee) ....................... 11
Part II: General Principles ............................................................. 12
Article 5: (Non-discrimination) ................................................ 12
Article 6: (Confidentiality and privacy) .................................... 12
Article 7: (Prohibition of expulsion, non-refoulement) ....... 14
Article 8: (Exception) ................................................................ 14
Part III: Application for Refugee Status ....................................... 15
Article 9: (Recognition of a Refugee) ...................................... 15
Article 10: (Disqualification from grant of refugee status) .... 18
Article 11: (Appeal to Appeal Board)....................................... 19
Article 12: (Appeal to Supreme Court) .................................... 20
Article 13: (Grant of permission) ............................................. 20
Article 14: (Legal Immigrant) ................................................... 21
Article 15: (Cessation of refugee status) ................................. 21
Article 16: (Withdrawal of refugee status) ............................. 23

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Part IV: Administration of Refugee Affairs .................................. 23
Article 17: (Administration of Refugees) ................................. 23
Article 18: (Refugees Affairs Department) .............................. 24
Article 19: (Appointment and qualifications of the Director) 25
Article 20: (Duties of the Director) .......................................... 26
Article 21: (Staff) ...................................................................... 28
Article 22: (Establishment of Camps) ...................................... 28
Part V: Eligibility Committee ........................................................ 29
Article 23: (Eligibility Committee) ........................................... 29
Article 24: (Functions of Eligibility Committee) ...................... 30
Part VI: Appeal Board ................................................................... 31
Article 25: (Establishment of Appeals Board) ......................... 31
Article 26: (Membership and term of office).......................... 32
Article 27:(Vacancy in office of member) ............................... 33
Article 28: (Meetings, quorum, and decisions) ...................... 34
Article 29: (Board Rules) .......................................................... 34
Part VII: Rights and Duties of Refugees ....................................... 35
Article 30: (General rights and obligations of Refugees) ....... 35
Article 31: (Identification document) ...................................... 36
Article 32: (Employment) ......................................................... 37
Article 33: (Education) ............................................................. 37
Article 34: (Testate) .................................................................. 37
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 Article 35: (Durable Solutions)................................................. 37
Part VIII: Miscellaneous ................................................................ 38
Article 36: (Offences) ............................................................... 38
Article 37: (Regulations)........................................................... 39

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An Act of Parliament of Puntland Government of Somalia to
govern recognition, protection and management of matters
relating to refugees and other connected purposes.

Preamble

COGNIZANT that the world is witnessing huge movement of

people due to conflicts, human calamity, droughts and
displacement,

ACKNOWLEDGING the strategic location of the Horn of

Africa in relation to neighboring states, and to the Arab Sea,

ACKNOWLEDGING that within this region the people of

Puntland witness recurrent unrest political developments
amongst its neighbours,

RECOGNIZING that the territory of Puntland Government of

Somalia has received increasing numbers of asylum seekers
following political unrest in some neighboring countries
beginning in late 1991, followed in 2006 by increasing mixed
migration flows of Ethiopians crossing to Yemen and the latest
wave of refugees as a result of generalized violence in Yemen in
2015,

MINDFUL of the need for immediate shift of the Puntland

Government attention on refugee and asylum issues and finding
legal and humanitarian solution for refugees,

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MINDFUL of the objectives of Islamic Shariah, which is the
prevailing basis of the legal framework in Puntland, and the
social values among Somali society,

IN PURSUANCE of the words and the spirit of the Somali

Provisional Constitution and the Puntland Constitution, which
affirm the principles of human rights, equality and, granting
asylum and protection for refugees,

RECOGNISING the Presidential Decree on Refugee issued on

1984 by the former government of Somali Democratic Republic,

AWARE that Somalia acceded to the 1951 Convention relating

to the Status of Refugees and its 1967 Protocol in 1978
(henceforth referred to jointly as the 1951 Convention) and
signed the Organization of African Unity (OAU) 1969
Convention Governing the Specific Aspects of Refugee
Problems in Africa in 1969 (henceforth referred to as the OAU
Convention),

PROUD that Puntland peoples support to refugee and asylum

seekers living in Puntland is considered to be a key ingredient in
assisting refugees to live peaceful and to feel welcome in
Puntland,

HAVING thoroughly considered the spirit and words of the

preamble and the content of its articles,

NOW, THEREFORE, the Parliament of Puntland hereby

promulgates a Refugee Protection Law to govern recognition,
protection, and management of matters relating to refugees and
other connected purposes and to implement the state policy on
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refugee affairs and to guide state institutions on the course of
refugee management, as follows:

Part I: Interpretation

Article 1: (Short title, extent and commencement)

1. This Law may be cited as the Refugee Protection Law.

2. It extends the whole of the territory of Puntland
Government of Somalia.
3. It will come into force as soon as the Puntland President
signs it and on the date of its publication in the Official
Gazette.

Article 2: (Interpretation)

In this Law unless the context otherwise requires:

Asylum means protection granted by the government to
persons qualifying for refugee status in accordance with the
provisions of this Law and in accordance with international
conventions relating to refugees matters, including the 1951
Convention and the OAC Convention;
Asylum-seeker means a person seeking refugee status in
accordance with the provisions of this Law;

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Authorized Officer shall mean any official or group of
officials entrusted with the power to register an applicant,
determine eligibility in accordance with provisions of this
Law, and to conduct such other duties as assigned by the
Director.
Country of origin means country or countries of which one
is a national;
Director means the Director for Refugee Affairs
Department under Ministry of Interior;
Dependent means any person who is substantially
dependent on a Refugee or an Asylum-seeker for provision
of ordinary necessities of life suitable for that persons
situation;
Eligibility Committee means Eligibility Committee
established under Part V;
Habitual residence means a country where refugee resided
and where s/he suffered or fears s/he would suffer
persecution if s/he returned;
Identification Card means the identity document provided
to the refugee under Article 16;
Member of family of a refugee means:
a) Any spouse or spouses of the refugee,
b) Any dependent child, brother, sister, grandparent, parent,
grandchild or ward living in the same household as the
refugee,
c) Any person with disabilities in the care of the refugee
whether or not he has attained the age of 15-year;
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 Minister means Minister of Interior of Puntland;
Puntland means Puntland Government of Somalia, or
Puntland territory, as the context requires;
Refugee means a refugee recognized in accordance with
the Articles of Part III;
Appeal Board means an appeal board as established under
Part VI;
"Refugee Affairs Department" means the Refugee Affairs
Department under Ministry of Interior established under
Article 18;
Refugee Camp means any such place as may be
designated by the Minister to be a refugee camp under
Article 22.
UNHCR means the Office of the United Nations High
Commissioner for Refugees Representation in Puntland.

Article 3: (Meaning of Refugee)

1. A person shall be regarded a Refugee for the purpose of

this Law if such person-
a) Owing to a well-founded fear of being persecuted for
reasons of race, religion, sex, nationality,
membership of a particular social group or political
opinion is outside the country of his nationality and is
unable, or owing to such fear, is unwilling to avail
himself of the protection of that country; or who, not
having a nationality and being outside the country of
his former habitual residence as a result of such
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 events, is unable or, owing to such fear, is unwilling
to return to it; or
b) Owing to external aggression, occupation, foreign
domination or events seriously disturbing public
order in either part or whole of his country of origin
or nationality is compelled to leave his place of
habitual residence in order to seek refuge in another
place outside his country of origin or nationality.
2. In the case of a person who has several nationalities, the
term ''the country of origin or nationality'' shall mean
each of the countries of which he is a national, and a
person shall not be deemed to be lacking the protection
of the country of which he is a national if, without any
valid reason based on well-founded fear, he has not
availed himself of the protection of one of the countries
of which he is a national.

Article 4: (Declaration of prima facie refugee)

1. The Minister may, if it is evident that a class of persons

qualifies to be refugees under Article 3 of this Law,
declare that class of persons to be prima facie refugees or
such other related declaration as prescribed by
regulation.
2. The Minister shall cause a declaration made under sub-
article 4(1) to be published in any manner that will best
ensure that the declaration is brought to the attention of
the Authorized Officers and persons to whom it relates
and may, at any time, cause such declaration to be
revoked in a similar manner.

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 3. If the Minister expressly excludes or exempts any
persons from a declaration made under sub-article 4(1),
such exclusion or exemption shall not preclude the
persons concerned from applying under sub-articles 3(1)
or (2) for recognition of their status as a Refugee.

Part II: General Principles

Article 5: (Non-discrimination)

1. This law shall be applied without discrimination as to

race, religion, tribe, nationality, membership of a
particular group, or political opinion.

2. The protection and assistance to Refugees should be

provided without discrimination as stipulated in sub-
article 5(1).

Article 6: (Confidentiality and privacy)

1. No one shall disclose information acquired under this

Law except;
a) as required under this Law; or
b) with the written consent of the Minister or
Director; or
c) with the written consent of the subject of the
information.

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2. A person may be authorized by the Minister in
consultation with the Director to access or receive
information collected pursuant to this Law.
Authorization shall be provided in writing in a
prescribed form.
3. No person who accesses or receives information in the
course of his or her duties under this Law shall disclose
or publish said information to a person or persons that
have not been authorized by the Minister to access or
receive information.
4. Provisions of confidentiality and privacy apply to the
following information:
a. records, minutes and reports of the Eligibility
Committee ;
b. records, minutes and reports of the Appeal
Board;
c. forms, files and photos of Asylum-seekers and
Refugees;
d. any other documents of or relating to Asylum-
seekers or Refugees.
5. The Minister will issue by regulation procedures for
preserving confidentiality and privacy under this Law.
6. A person who contravenes any provision of this Article
commits an offence and shall on conviction be liable to a
penalty as prescribed under the Somalia Penal Code.

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Article 7: (Prohibition of expulsion, non-refoulement)

1. No person shall be refused entry in to Puntland or

extradited from Puntland or returned to any other country
or to subjected any similar measure if as a result of such
refusal, expulsion or turn or any other measure, such
person is compelled to return in a country where:-

a) he may be subject to persecution or torture on

account of his race, tribe, religion, nationality,
membership of a particular social group or
political opinion or

b) his life, physical integrity or liberty would be

threatened on account of external aggression,
occupation, foreign domination or events
seriously disturbing public order in part or the
whole of that country.

Article 8: (Exception)

1. If the Minister considers the expulsion is to be necessary

or desirable in the interest of national security or public
order, the Minister may refer a written request,
accompanied by sufficient evidence, to the High Court
for an order of expulsion of a Refugee or Asylum-seeker
from Puntland.

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 2. Except where compelling reasons of national security
otherwise require, the Refugee or Asylum-seeker shall be
allowed to submit evidence to clear himself, and to
appeal to and be represented for the purpose before the
High Court.

3. A person whose expulsion has been ordered under this

Article may be arrested or detained upon the order of the
High Court if such detention is necessary for purpose of
effecting the expulsion order or to ensure that he does
not endanger the security or public order of Puntland
pending the expulsion.

Part III: Application for Refugee Status

Article 9: (Recognition of a Refugee)
1. Any person who has entered Puntland, whether lawfully
or otherwise, and wishes to remain within Puntland as a
Refugee in terms of this Law shall make his intention
known by appearing in person before an Authorized
Officer of the Refugee Affairs Department immediately
upon his entry or, in any case within thirty days after his
entry into Puntland.
2. Notwithstanding sub-article 9(1), the Authorized Officer
may receive application after expiry of thirty days if the
applicant can show justifiable cause for failing a late
application.
3. In case of a person who is lawfully within Puntland and
is subsequently unable or unwilling to return to his
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 country of origin or his place of habitual residence for
any of the reasons specified in Article 3, he shall, prior to
the expiration of his lawful stay, present himself before
an Authorized Officer of the Refugee Affairs
Department and apply for recognition as a Refugee in
accordance with the provisions of this Law.
4. Without prejudice to the provisions of this section, no
person claiming to be a Refugee within the meaning of
Article 3 shall merely, by reason of illegal entry be
declared a prohibited immigrant, detained or penalized in
any way, save as provided for under Article 36.
5. In applying for refugee status,
a. the applicant shall fill in the application form as
prescribed by regulation and the application shall
be registered by an Authorized Officer within the
local area of the applicants point of entry into
Puntland,
b. the Authorized Officer shall interview the
applicant and reduce the interview into writing.
The transcript shall be read to the applicant who
may make corrections before it is signed by both
the interviewing officer and the applicant. If the
applicant does not wish to sign the transcript the
reasons for declining shall be indicated,
i. in the case of female Asylum-seekers,
the Authorized Officer shall make
arrangements for a female interviewer
and a female interpreter, as necessary,
to conduct the interview,

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 ii. in the case of unaccompanied and
separated children and persons with
mental disabilities, the Authorized
Officer shall make arrangements for
suitably qualified legal representatives,
at no cost to the applicant, to assist them
to present their claim for asylum.,
c. the Authorized Officer shall as soon as possible
transmit the application forms and any
statements, transcripts, or evidence in support
thereof to the Director;
d. the Director shall upon receipt of the application
submit the same before the Eligibility
Committee,
e. the Director shall ensure that the Eligibility
Committee convenes and considers the
application within a period of sixty days from the
time of making application,
f. the Minister, for reasonable cause, may extend
the period described in clause 9(1)(e) for an
additional sixty days.
6. Without prejudice to the requirement for a just and
equitable procedure for the determination of refugee
status, the Refugee Affairs Department shall deal in an
expeditious manner with applications requiring urgent
attention, in accordance to procedures prescribed under
this Act.
7. The Refugee Affairs Department shall expedite
procedures with regard to applications of:

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 a) persons with disabilities;
b) trauma victims;
c) detained persons;
d) victims of torture;
e) vulnerable persons; and
f) unaccompanied children.
8. A person claiming to be a Refugee shall be permitted to
enter and remain in Puntland pending a decision on his
application. He shall be given appropriate documentation
attesting to his lawful presence.
9. No person claiming to be a refugee within the meaning
of Article 3 shall merely, by reason of illegal entry, be
declared a prohibited immigrant, detained, imprisoned or
penalized in any other way merely by reason of his
illegal entry or presence, save as provided for under
Article 36 pending examination of his application for
refugee status.

Article 10: (Disqualification from grant of refugee status)

1. A person shall not be regarded as a Refugee for the

purpose of this Law if there are serious reasons for
considering that:
a) he has committed a crime against peace, a war
crime or a crime against humanity as defined in
the international instruments which have been
drawn up to make provision in respect of such
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 crimes which Somalia Republic has ratified and
which are binding upon Puntland; or
b) he has committed a serious non-political crime
outside Puntland prior to his admission to
Puntland as a Refugee; or
c) he has been guilty of acts contrary to the
purposes and principles of the United Nations,
the League of Arab states, or the African Union;
or
d) having more than one nationality, has not availed
himself to the protection of one of the countries
of which he is a national and has no valid reason
for not doing so.
2. Where the Eligibility Committee rejects an application
for recognition of refugee status, it shall so notify the
applicant in written and shall inform him/her of grounds
for rejection. In such a case, the applicant shall be
entitled to appeal to the refugee appeal Board in
accordance with the provisions of this Part.

Article 11: (Appeal to Appeal Board)

1. Any person whether by himself or by representative may

lodge an appeal for consideration to the Appeal Board
within thirty days of receiving a written communication
from the Director relating to a rejection of his claim for
refugee status.
2. Notwithstanding sub-article 11(1), the Appeal Board
may hear an appeal filed after the expiry of thirty days if
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 the appellant can show justifiable cause for having filed
a late appeal.
3. At the hearing of an appeal pursuant to this Article, the
appellant may appear before the Appeal Board in person
or may be represented by an advocate at his or her
expense.

4. Notwithstanding the foregoing, the Appeals Board may

on own volition investigate into an allegation that has
come to its attention where the matter is of public
concern.

5. The Appeal Board shall notify the appellant in writing of

its decision within thirty days.

Article 12: (Appeal to Supreme Court)

1. Any person dissatisfied by the decision of the Appeal

Board may lodge appeal for administrative review of the
decision to the Supreme Court.
2. The judgment rendered by the Supreme Court will be
considered final.

Article 13: (Grant of permission)

1. With the approval of the Minister, the Refugee Affairs

Department may grant permission to the Dependents of
the Refugee upon application to enter and reside within
Puntland and such Dependents shall be entitled to the
rights and privileges accorded to the Refugee for the
period of the Refugees stay within Puntland.
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 2. Where the applicant is recognized as a Refugee, the
members of his family who accompany or subsequently
join him shall be recognized as Refugees, unless they
possess a nationality other than that of the Refugee and
enjoy the protection of the country of their nationality.
3. If, subsequent to the recognition of the head of the
family as a refugee, his family is broken up as a result of
divorce, separate or death, the members of his family
who have been accorded refugee status by virtue of sub-
article 13(2) shall continue to be regarded as refugees,
unless one of the clauses of Articles 15 or 16 apply.

Article 14: (Legal Immigrant)

Any person whose application for refugee status and asylum, has
been rejected in accordance with this Law, shall be deemed to be
legal immigrant and shall be dealt with in accordance with, the
provisions, of the Immigration laws of Puntland unless such
person has been accorded a mandate refugee status by UNHCR
pending his resettlement or relocation by UNHRC to another
country within a specified period.

Article 15: (Cessation of refugee status)

1. A person shall cease to be a Refugee for the purposes of

this Law if that person:
a) Voluntarily re-avails himself of the protection of
the country of his nationality; or

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b) Having lost his nationality voluntarily reacquires
it; or
c) Acquires the nationality of another country and
enjoys the protection of the country of his new
nationality; or
d) Continues to refuse to avail himself of the
protection of the country of his nationality when
the circumstances in connection with which he
has been recognized as a Refugee have ceased to
exist; or
e) Voluntarily re-establishes himself in the country
which he left or outside which he remained
owing to fear of persecution; or
f) Being a person who has no nationality he is,
because of the circumstances in connection with
which he has been recognized as a Refugee have
ceased to exist, able to return to the country of his
former habitual residence, provided that this
clause shall not apply to a refugee who is able to
invoke compelling reasons arising out of previous
persecution for refusing to return to the country
of his former habitual residence; or
g) He has committed serious non-political crime
outside of Puntland after his admission as
refugee; or
h) He has seriously infringed the purpose and
principles of the United Nations, League of Arab
states, or the African Union.

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 2. Clause (1)(d) shall not apply to a refugee who is able to
invoke compelling reasons arising out of previous
persecution for refusing to avail himself of the protection
of the country of nationality.
3. The Minister shall consult UNHCR before a decision is
reached on the cessation of refugee status.

Article 16: (Withdrawal of refugee status)

1. If at any time the Minister considers that there are

serious grounds for believing that a person who has been
recognized as a Refugee should not have been
recognized or has ceased to be a refugee, it may cancel
the refugee status given after notifying the refugee
concerned in writing and giving him the opportunity to
explain about the issue.
2. A person aggrieved by the decision by the Minister can
appeal within thirty days of receiving the decision to the
Appeal Board.
3. Notwithstanding sub-article 16(1), the Appeal Board
may hear an appeal filed after the expiry of thirty days if
the appellant can show justifiable cause for having filed
a late appeal.

Part IV: Administration of Refugee Affairs

Article 17: (Administration of Refugees)
The Ministry of Interior is the mandated government body
responsible for management, setting guidelines, coordination

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and oversight management of matters relating to Asylum and
Refugees in Puntland.

Article 18: (Refugees Affairs Department)

1. There is a dedicated department under Ministry of

Interior to be known as the Refugee Affairs Department.
2. The Refugee Affairs Department shall be responsible for
all administrative matters concerning refugees within the
Puntland and shall have powers to coordinate activities
and programmes relating to refugees including:-
a) Register refugees under prima facie recognition
and process their applications;
b) Consider asylum cases identified by Border
Patrol or Immigration Department and submit to
Eligibility Committee as necessary;
c) Proceed registration of all asylum cases endorsed
by Eligibility Committee;
d) Contact the applicants rejected or approved by
Eligibility Committee;
e) Receive the renewal or separation cases for
review and processing;
f) Consider and review the applications for family
re-unification with Refugees in Puntland;
g) Consider and make recommendations to the
Minister on requests from refugees for local
integration in Puntland;
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 h) Coordinate and monitor all activities rendered by
United Nations agencies and other organizations
working for refugee welfare and basic services;
i) Advocate promotion of protection and rights of
refugees;
j) Manage the camps and registration centers;
k) Receive the complaints and concerns of refugees;
l) Propose formulation of relevant policies in
accordance with international standards on
refugee matters.

Article 19: (Appointment and qualifications of the Director)

1. There shall be a Director of Refugee Affairs Department

who shall head the Refugee Affairs Department.
2. The Director shall be proposed by the Minister,
following process prescribed under Civil Service Law,
and appointed by the President of Puntland Government
of Somalia.
3. Qualifications of a person for the position of a director
shall include but are not limited to:-
a) possession of a university degree from a
recognized university,
b) having knowledge of and at least five years
experience in matters of human rights, law or
humanitarian background.

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 c) be a person of high moral character, integrity and
impartiality.
d) shall not have been convicted of any criminal
offence.

Article 20: (Duties of the Director)

3. The Director shall exercise the following function/duties:

a) Act as the head of Refugee Affairs Department
b) Co-ordinate all measures necessary for promoting
the welfare and the protection of refugees and
advise the Minister.
c) Ensure in liaison with the United Nations High
Commissioner for Refugees and other United
Nations agencies and other institutions, for the
provision of adequate facilities and services for
the reception, protection and care of refugees.
d) Promote durable solutions for refugees.
e) Convene meetings of the Committee and
implement decisions of the Committee.
f) Receive and process applications for refugee
status.
g) Register all Refugees and Asylum-seekers.
h) Issue refugee Identification Cards and travel
documents.

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 i) Manage registration centres and Refugee Camps.
j) Advise the Minister on the care and welfare of
refugees and on the rehabilitation of refugee
hosting areas.
k) Act as the spokesperson for the Department and
represent the Department on such foreign
missions as he may be assigned from time to
time.
l) Initiate, in collaboration with traditional leaders
on peaceful co-existence and accommodation and
other basic services required.
m) Initiate, in collaboration with development
partners, projects that promote peaceful and
harmonious co-existence between the host
community and refugees.
n) Advise the government on soliciting funds from
development partners for refugee welfare
programmes.
o) Ensure sustainable use of resources in designated
refugee hosting areas.
p) Act as custodian of the seal of the Department.
q) Perform any other duties that may be assigned to
him.
4. The Director shall take measures to ensure the protection
of women refugees, refugee children elderly refugees
and other persons with specific needs requiring special
protection.

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 5. The Director, while endeavoring to perform the above
functions, shall submit on regular basis reports on
matters pertaining to refugees to the Minister.

Article 21: (Staff)

1. The Minister shall determine the staffing needs of the

Refugee Affairs Department in consultation with the
Director of the Refugee Affairs Department.
2. The staff of the Refugee Affairs Department shall consist
of Authorized Officers and such other staff as the
Minister considers necessary to assist the performance of
the functions of the Refugee Affairs Department.
3. The Civil Service Law of Puntland shall regulate the
appointment and recruitment of Authorized Officers.

Article 22: (Establishment of Camps)

The Minister in consultation with the cabinet and the local

community may designate specific areas within Puntland to
serve as:
a) registration center.
b) transit centre or reception centre for the purpose
of temporarily accommodating Asylum-seekers
and members of their families while the Asylum-
seekers applications for refugee status are being
processed.

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 c) Refugee Camp, established in accordance with
international standards regarding security, which
shall be maintained and managed in an
environmentally sound manner.

Part V: Eligibility Committee

Article 23: (Eligibility Committee)

1. There is established a committee to be known as

Eligibility Committee.
2. The Eligibility Committee shall assist the Director in
matters concerning recognition of persons as asylum and
refugee for the purpose of this Law.
3. The membership of the Eligibility Committee shall
consist of:
a) Director of Refugee Affairs Department from
Ministry of Interior;
b) A member from Ministry of Security (Criminal
Investigation Division);
c) A member from Ministry of Justice;
d) A member from Puntland Immigrant Department;
e) A member from Office of Attorney General;
4. The Director of Refugee Affairs Department shall chair
the Eligibility Committee.

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 5. The members of the Eligibility Committee should have
the relevant experience and professions.
6. The Eligibility Committee shall prepare its own bylaws
for discharging its duties.
7. The Chair of the Eligibility Committee shall ensure
female representation during meetings and deliberations
of the Eligibility Committee.
8. UNHCR shall have a supervisory role in matters related
to the status and protection of Refugees, and this shall
include:
a) exchanging information and statistical data with
the Eligibility Committee on the condition of
refugees in Puntland;
b) advising the Eligibility Committee on the
implementation of the relevant international
refugee treaties, and on any laws, regulations, and
decrees related to refugees, and
c) attending meetings of the Eligibility Committee
as an observer

Article 24: (Functions of Eligibility Committee)

The functions of the committee shall be as follows:

(a) To consider and review all asylum and refugee
cases and recommend to the Refugee Affairs
Department:
i. grant of asylum and refugee status;
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 ii. denial of asylum status;
(b) Consider for endorsement any refugee status
determination recommendations for all asylum
cases;
(c) Propose the critical cases for resettlement;
(d) To advise the Minister or the Director on any
matter referred to it by either of them or both.

Part VI: Appeal Board

Article 25: (Establishment of Appeals Board)

1. There shall be established an Appeal Board, which shall

consider and decide appeals arising from the actions and
decisions in accordance with the law.
2. The Appeal Board may exercise the following
functions/duties:
a. receive an appeal to an order of the Minister or
Eligibility Committee made pursuant to Part III
of this Law;
b. confirm, reverse, or substitute its own decision;
c. refer the matter back to the Director for a fresh
assessment in accordance with Part III of this
Law.
3. Before reaching a final decision, the Appeal Board may:

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 a. refer the matter for reconsideration to the
Director;
b. seek any further inquiry or investigation into the
matter as it deems necessary;
c. make any other interim order as it deems fit.

Article 26: (Membership and term of office)

1. The Appeal Board shall consist of the following

membership:
a. A Chairperson who shall be appointed by the
Minister with the knowledge of legal background
and at least ten years experience in matters of
human rights.
b. Four other members appointed by the Minister
from among persons having knowledge of, or
experience in: -
i. Refugee matters;
ii. Women and children matters;
iii. National security matters;
iv. Traditional dispute resolution.
2. All appointments to the Appeal Board shall be made by
the Minister and published in the Official Bulletin. All
appointees shall serve for a four-year term renewable
once for a further and final term of four years.

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 3. Notwithstanding any vacancy in the composition of the
Appeal Board, it shall be properly constituted.

Article 27:(Vacancy in office of member)

1. The office of an Appeal Board member shall become

vacant if the member:
a) dies.
b) has attained the age of retirement.
c) resigns from office by notice in writing to the
Minister.
d) has been absent without written permission from
attending three consecutive meetings of the
board.
e) is unable to discharge the functions of his office
by reason of mental or physical infirmity,
evidenced in writing by a qualified medical
doctor.
f) is convicted of an offence punishable by a term
of imprisonment.
g) is adjudged bankrupt.
h) is otherwise unable or unfit to discharge his
duties.
2. Any vacancy occurring in the membership shall be filled
in accordance with the provisions of this Law.

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 3. The members in the first meeting shall elect a vice-chair
who will preside over the meetings in the absence of the
Chairperson.

Article 28: (Meetings, quorum, and decisions)

1. The Appeal Board shall hold such meetings as may be

necessary for the performance of its functions under this
Law.
2. Notwithstanding the above provision the Appeal Board
shall at least hold quarterly meetings.
3. The majority of the members for the time being holding
office as members of the Appeal Board shall constitute a
quorum at any meeting.
4. The decision of the Appeal Board shall be based on a
majority of members present and voting. Where a vote of
members present is split equally the Chairperson shall
exercise a deciding vote.

Article 29: (Board Rules)

Except as expressly provided in this Law, the Board shall

regulate its proceedings as it deems fit.

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Part VII: Rights and Duties of Refugees
Article 30: (General rights and obligations of Refugees)

4. Subject to this Law, every Refugee and any Member of

his family:
a) shall be entitled to the rights and be subject to the
obligations contained in international conventions
to which Somalia ratified, and
b) entitled to identity documents referred in sub-
article 31(1), and
c) entitled to Convention Travel Documents on
application as contemplated under sub-article
31(2), and
d) entitled to apply of other types of civil documents
as prescribed by the Law, and
e) shall be subject to the Puntland constitution, and
f) must observe the laws and regulations which are
in force in Puntland as well as measures taken to
maintain security in general. He/she must not get
involved in activities that are prejudicial to the
interest of Puntland.
5. No one shall be subjected to arbitrary arrest or detention.
No one shall be deprived of his or her liberty except on
such grounds and in accordance with such procedure as
are established by law.
6. In cases where a Refugee demonstrates the inability to
afford or obtain legal assistance, the Puntland
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 Government shall appoint a lawyer for any Refugee who
is accused in a criminal matter or who is subject to an
application for an order under Article 8 of this Law.

Article 31: (Identification document)

1. Every Refugee and Asylum-seeker who presents himself

to the Refugee Affairs Department Office in accordance
with Article 9 shall: -
a) be issued with an Identification Card in the
prescribed form.
b) be permitted to remain or move freely throughout
Puntland subject to reasonable restrictions as may
be imposed by the Minister.
c) be permitted to remain in the Puntland until the
factors that led to his fleeing no longer exist.
2. A Refugee may be issued travel documents in
accordance with the United Nations Convention relating
to the Status of Refugees and the Schedule and Annex
thereto, for the purpose of travel outside Puntland unless
compelling reasons of national security or public order
otherwise require.
3. Refugees may apply to obtain such other civil documents
as prescribed in law.

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Article 32: (Employment)
Every Refugee and member of his family shall in respect to
wage earning employment, be subject to the same restrictions as
those imposed on aliens.

Article 33: (Education)

The Puntland Government shall provide education to refugee

children in the same manner that aliens are accorded generally.

Article 34: (Testate)

1. Upon death, divorce, separation, or detention of the

Refugee every person who immediately before such
death, divorce, separation or detention was within
Puntland as a Dependent or Member of the family of
such Refugee shall be permitted to continue to remain
within Puntland.
2. Notwithstanding the above provision any Dependent or
Member of the family of a Refugee may apply for
refugee status as prescribed in the Law.

Article 35: (Durable Solutions)

1. Every Refugee has the right, of his own volition, to seek

to repatriate from Puntland to his country of nationality
or former habitual residence in safety and dignity.

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 2. A voluntary decision by a Refugee to repatriate shall be
deemed to be a decision of all members of his family
accompanying him, save where it appears that such
family member of family members is or are likely, upon
return to the country of nationality or former habitual
residence, to be persecuted or placed in danger for the
reasons set out in Article 3.

3. Where appropriate, the Refugee Affairs Department will

facilitate the assimilation and naturalization of refugees.
The assimilation and naturalization of refugees is a
discretionary decision of the Minister, which may be
made in consultation with his legal advisor and the
Parliament.

Part VIII: Miscellaneous

Article 36: (Offences)

1. Any person who:

a) Is in Puntland contrary to the provisions of the
applicable law;
b) Makes any false declaration or statement to an
Authorized Officer knowingly; or
c) Knowingly misleads any Authorized Officer
seeking information material to the exercise of
his powers under this act; or

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 d) Having left or been removed from Puntland in
consequence of an order made by the Minister, is
found in within Puntland while the order is still in
force; or
e) Not being a Refugee, or not having a valid
identification document as a Refugee or Asylum-
seeker, fails to comply with an order of the
Minister; or
f) Resides without authority outside the designated
areas as may be specified by regulation pursuant
to Article 37 of this Law,
is in violation of this Law.
2. Whosoever contravenes a clause of sub-article 36(1) or
any other Article of this Law, or who otherwise obstructs
the implementation of this Law, is in violation of this
Law and shall be punishable in accordance with the
Somalia Penal Code.

Article 37: (Regulations)

The Minister may make regulations generally for the better

carrying out of the provisions of this Law.

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