DƆNÙESÈ Data Center / Women’s Rights Laws by Country / Somalia
East Africa · Country law profile
Somalia: women’s rights and civic space laws
Somalia has not ratified CEDAW or the Maputo Protocol. The Provisional Constitution of 2012 prohibits female genital mutilation and workplace sexual harassment, but there is no national FGM law and the 1964 Penal Code does not criminalise marital rape. A Sexual Offences Bill approved by the Council of Ministers in 2018 was never adopted. A 2024 electoral law reserves 30% of seats for women. Civic space is rated repressed, and many journalists have been detained.
At a glance
| Capital | Mogadishu |
|---|---|
| Legal system | Plural legal system in which federal statutory law coexists with Sharia, customary law (xeer) and the laws of federal member states such as Puntland |
| Official languages | Somali and Arabic |
Key indicators
19.0% (52 of 274)Women in House of the People (2026)
18 (16 with consent)Minimum legal age of marriage (2023)
45%Women aged 20 to 24 married before 18 (2023)
99.2%FGM prevalence (women 15 to 49) (2023)
46.9World Bank Women, Business and the Law 1.0 index (2024)
32.5World Bank Women, Business and the Law 2.0 legal frameworks score (2024)
Regional and international treaties
| Treaty | Status | Reservations or notes |
|---|---|---|
| Maputo Protocol | signed 23/02/2006; not ratified (AU list dated 19/09/2023) | |
| CEDAW | Not a party (not listed in UN Treaty Collection status) | |
| CEDAW Optional Protocol | Not a party | |
| African Charter on the Rights and Welfare of the Child | signed 01/06/1991; not ratified (AU list dated 14/02/2023) | |
| ICCPR | accession 24/01/1990 | |
| Kampala Convention | signed 23/10/2009 / ratified 26/11/2019 / deposited 06/03/2020 | |
| AU Convention on Cyber Security and Personal Data Protection (Malabo) | Not signed or ratified (AU list dated 02/02/2026) |
Constitution
| Constitution | Provisional Constitution of the Federal Republic of Somalia, 2012 |
|---|---|
| Equality guarantees | Article 11 guarantees equal rights regardless of sex and bars discrimination on that ground. Article 15 protects the right to be free from violence, including violence against women, and prohibits female circumcision. Article 24(5) prohibits sexual harassment at work. |
| Quotas or parity | The 2024 National Electoral Law reserves 30% of parliamentary seats for women. |
National laws
Gender-based and domestic violence
No domestic violence law
No legislation on domestic violence or protection orders exists at federal level.
Gaps: The World Bank could locate no applicable provisions.
Rape and sexual offences
Penal Code (Law No. 5 of 1962, in force 1964), Article 398
Criminalises rape with 5 to 15 years’ imprisonment where violence or threats are used.
Gaps: Marital rape is excluded from the offence, and customary practice may exonerate a rapist who marries the victim.
Source: genderjustice.unescwa.org, webfs.oecd.org
Rape and sexual offences
Sexual Offences Bill, 2018 (not adopted)
Approved by the Council of Ministers in May 2018 after five years of consultation, with 63 articles defining sexual offences and setting prison terms such as 10 to 15 years for rape.
Gaps: It was submitted to the House of the People but never tabled for debate.
Rape and sexual offences
Sexual Intercourse and Related Offences Bill, 2020 (tabled August 2020)
A parliamentary committee bill that replaced the 2018 bill and refers to Sharia and the Penal Code for punishments.
Gaps: Rights groups called it a regression for women and girls, including because it treats child marriage as lawful once puberty is reached.
Rape and sexual offences
Puntland Sexual Offences Act, 2016
State law in Puntland that criminalises sexual offences, including sexual harassment, and contains FGM provisions.
Gaps: Applies only in Puntland.
Source: genderjustice.unescwa.org, femnet.org
Sexual harassment
Provisional Constitution 2012, Article 24(5)
Prohibits sexual harassment in the workplace.
Gaps: No federal law gives civil remedies for workplace harassment.
Source: webfs.oecd.org, genderjustice.unescwa.org
Female genital mutilation
Provisional Constitution 2012, Article 15(4)
Prohibits female circumcision (FGM).
Gaps: No national legislation expressly criminalises FGM; the Penal Code can only treat it as bodily injury (Article 440).
Source: femnet.org, webfs.oecd.org
Female genital mutilation
Puntland FGM policy (2014) and decree on medicalisation (2014)
Puntland outlawed all forms of FGM by policy and prohibited its medicalisation by decree.
Source: femnet.org
Child marriage and age of marriage
Family Law No. 23 of 1975, Articles 16 and 19
Sets 18 as the marriage age for both sexes but lets girls marry from 16 with the consent of a guardian or judge.
Gaps: The Family Law is rarely applied and Sharia and customary rules prevail, so in practice there is no enforced minimum age.
Family and personal status
Family Law No. 23 of 1975
Permits polygamy, though women may prohibit it in the marriage contract. Husbands can divorce out of court while wives need court approval on specific grounds.
Gaps: Fathers are the legal guardians of children, and mothers lose custody on remarriage.
Source: genderjustice.unescwa.org
Inheritance and succession
Family Law 1975, Article 158; Provisional Constitution 2012, Article 2(3)
The Family Law states equal inheritance rights.
Gaps: Sharia rules apply in practice and the World Bank finds unequal inheritance rights for daughters and surviving spouses.
Land and property
Family Law 1975, Articles 1 and 29(3)
Gives spouses equal ownership rights and equal administrative power over property.
Source: wbl.worldbank.org
Harmful practices
Penal Code, Articles 422 and 443
Provide reduced penalties for killings of female relatives committed in sudden rage over alleged sexual offences, so-called honour crimes.
Gaps: These provisions remain in force.
Source: webfs.oecd.org, genderjustice.unescwa.org
Abortion and sexual and reproductive health
Provisional Constitution 2012, Article 15; Penal Code, Articles 418 to 422
Abortion is criminalised except where needed to save the woman’s life.
Gaps: There is no exception for rape or defilement, and no national sexual and reproductive health strategy.
Source: genderjustice.unescwa.org, femnet.org
Political participation and quotas
National Electoral Law, 2024
Legally reserves 30% of parliamentary seats for women.
Gaps: Women held 19% of seats in the House of the People.
Source: data.ipu.org, webfs.oecd.org
Labour and maternity
Labour Code (Law No. 65 of 1972), Articles 3, 70, 88, 90 and 91
Prohibits sex discrimination in employment and requires equal pay for work of equal value. Article 91 provides 14 weeks of maternity leave.
Gaps: Maternity leave is paid at half pay, and Articles 88 and 90 restrict women’s night work and allow other work bans.
Social protection
Civil Service Employees Law, 2006
Gives civil servants four months of fully paid maternity leave and equal spousal pension rights.
Gaps: The retirement age is 55 for women and 60 for men.
Source: genderjustice.unescwa.org
Nationality
Law No. 28 of 22 December 1962 on Somali Citizenship, Articles 2 and 13
Governs acquisition and transmission of Somali citizenship.
Gaps: Women cannot pass nationality to their children or foreign spouses on an equal basis with men.
Trafficking
No comprehensive anti-trafficking law
Trafficking offences are not covered by a dedicated federal law with prevention and protection measures.
Source: genderjustice.unescwa.org
Access to justice and legal aid
Provisional Constitution 2012, Article 52
Recognises the informal justice system and traditional law.
Gaps: No law defines the jurisdiction of informal justice, and there is no legal aid in civil and family matters.
Online violence and cybercrime
No specific law on online violence against women
Cyber violence is not criminalised at federal level.
Source: genderjustice.unescwa.org
Same-sex relations
Penal Code, Article 409
Criminalises consensual same-sex conduct.
Gaps: The Human Dignity Trust lists the death penalty as the maximum possible punishment.
Civic space
| CIVICUS Monitor rating | Repressed (28/100) |
|---|---|
| Cybercrime law | No specific cybercrime law documented |
| Human rights defenders law | No specific law protecting human rights defenders |
| Notes | CIVICUS names Somalia among the top detainers of journalists in Africa, with 46 media workers arrested between January and April 2025. |
Recent developments
- May 2018. The Council of Ministers approved the Sexual Offences Bill; it was never tabled in parliament.
- August 2020. The Sexual Intercourse and Related Offences Bill was tabled, drawing criticism from rights groups.
- 2024. The National Electoral Law reserved 30% of parliamentary seats for women.
- 2025. Authorities arrested 46 media workers between January and April 2025.
Reforms recommended
Reforms recommended by the African Commission, UN treaty bodies or national organisations, as reported in the sources below.
- Adopt the 2018 Sexual Offences Bill and withdraw the 2020 Sexual Intercourse and Related Offences Bill.
- Pass a national law criminalising all forms of FGM and set 18 as the minimum age of marriage without exceptions.
- Ratify CEDAW and the Maputo Protocol.
- Allow safe abortion in cases of rape and defilement, and adopt a domestic violence law with protection orders.
Being verified. RFLD is checking the laws on the following topics against official texts and will add them to this page: girls’ education, data protection, older persons, women and girls with disabilities, human rights defenders. Corrections and documents are welcome at programs@rflgd.org.
African Union treaties
Status of 29 African Union treaties as recorded in the official AU status lists published by the African Union Commission. The date of each list is shown: a ratification deposited after that date may not appear yet. 1 of the 13 human rights and governance treaties below are ratified.
| AU treaty | Status | AU list dated |
|---|---|---|
| Maputo Protocol (rights of women) | Signed 2006, not ratified | 19/09/2023 |
| African Charter on Human and Peoples’ Rights | Ratified 31/07/1985 | 15/06/2017 |
| African Charter on the Rights and Welfare of the Child | Signed 1991, not ratified | 14/02/2023 |
| Protocol establishing the African Court on Human and Peoples’ Rights | Signed 2006, not ratified | 14/02/2023 |
| African Charter on Democracy, Elections and Governance | Signed 2013, not ratified | 08/07/2024 |
| AU Convention on Ending Violence against Women and Girls | Not signed | 22/05/2026 |
| Protocol on the Rights of Persons with Disabilities | Not signed | 22/05/2026 |
| Protocol on the Rights of Older Persons | Not signed | 22/05/2026 |
| Protocol on Social Protection and Social Security | Not signed | 22/05/2026 |
| African Youth Charter | Not signed | 19/09/2023 |
| OAU Refugee Convention | Signed 1969, not ratified | 16/05/2019 |
| AU Convention on Preventing and Combating Corruption | Signed 2006, not ratified | 14/02/2023 |
| AU Convention on Cyber Security and Personal Data Protection (Malabo) | Not signed | 02/02/2026 |
Other AU treaties (16)
Sources (19)
- data.ipu.org · data on women
- webfs.oecd.org · country profile SOM Somalia
- wbl.worldbank.org · WBL2024 Economy Scores
- wbl.worldbank.org · WBL24 2 0 Somalia
- au.int · 37077 sl PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEO…
- treaties.un.org · iv 8.en
- genderjustice.unescwa.org · somalia
- treaties.un.org · iv 8 b.en
- au.int · 36804 sl AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE…
- treaties.un.org · IV 4.en
- au.int · 36846 sl AFRICAN UNION CONVENTION FOR THE PROTECTION AND …
- au.int · 29560 sl AFRICAN UNION CONVENTION ON CYBER SECURITY AND P…
- somalipublicagenda.org · SPA Governance Briefs 11 2021 ENGLISH
- legalactionworldwide.org · somalia sexual intercourse bill a brief
- girlsnotbrides.org · Strategies to End Child Marriage in the Horn Of Africa Li…
- femnet.org · SOMALIA final min
- humandignitytrust.org · map of criminalisation
- monitor.civicus.org · data
- monitor.civicus.org · africa
Other countries in East Africa
DjiboutiCountry law profileEritreaCountry law profileEthiopiaCountry law profileKenyaCountry law profileSouth SudanCountry law profileSudanCountry law profileUgandaCountry law profile
Information verified as of October 2026. This page is for information and advocacy and is not legal advice. Laws change: check the official text before relying on it. Part of the DƆNÙESÈ Data Center of the Women Leaders Network for Development (RFLD). See also the Maputo Protocol Hub and the Maputo Barometer.