Guidance note

GUIDANCE NOTE
Last update: October 2025

In Somalia, a wide range of groups and individuals can be considered as actors of persecution or serious harm, including State and non-State actors, such as the Federal Government of Somalia (FGS) forces, Federal Member States (FMS) forces and Somaliland forces, Al-Shabaab, clans and clan militias, Islamic State in Somalia (ISS) and other non-state armed groups. Members of the extended family and community can also be perpetrators of human rights violations. See Actors of persecution or serious harm.

Among the most commonly encountered profiles of applicants for international protection, the following would be highly likely to qualify for refugee status, irrespective of the specific region of origin:

• Journalists and other media workers seen as critical of actors particularly active in an area or in control of a specific area

• Individuals (perceived as) contravening Sharia in Al-Shabaab controlled areas

• Individuals (perceived as) apostates, converts, proselytisers or blasphemers outside Al-Shabaab controlled areas

• Persons with diverse SOGIESC

• Girls who have not undergone FGM/C

• Single women and female heads of households without support from the extended family or clan

Furthermore, the following profiles in South-Central Somalia only would also highly likely qualify for refugee status: 

• Prominent and high-ranking federal and state officials

• Members of the federal and state armed forces

• Electoral delegates

• Civilians perceived as ‘spies’ by Al-Shabaab

• Deserters and defectors from Al-Shabaab

• Individuals refusing to pay ‘taxes’ to Al-Shabaab

• Humanitarian workers

• Women who have left Al-Shabaab

For these profiles in Puntland, an assessment of risk-impacting circumstances which may affect the probability of granting refugee status is required. The same profiles in Somaliland would likely not qualify for refugee status. 

Further guidance is provided on the risk-impacting circumstances which may affect the probability of granting refugee status for the following profiles, irrespective of the specific region of origin:

• Persons fearing forced recruitment by Al-Shabaab

• Journalists and other media workers (other than those seen as critical of actors particularly active in an area or in control of a specific area)

• Individuals (perceived as) contravening other social or religious laws/tenets outside Al-Shabaab controlled areas (other than apostates, converts, proselytisers or blasphemers)

• Individuals involved in clan disputes

• Persons belonging to low status occupational minorities

• Persons belonging to ethnic minorities

• Persons belonging to groups specialised in Islamic services

• Persons belonging to clans which can be considered minority groups in local contexts

• Individuals in mixed marriages

• Women and girls in relation to child marriage and forced marriage or other forms of GBV

• Women who have not undergone FGM/C as well as Women and girls who have undergone FGM/C

• Single women and female heads of households with support from the extended family or clan

• Children

• Persons living with disabilities and/or with severe medical issues

The treatment faced by Somalis who have resided for a long time in neighbouring countries or other countries in the region would in general not amount to persecution. However, belonging to this profile might be a risk-enhancing factor for other profiles.

If an applicant is not considered eligible for refugee status, case officers should proceed to consider the granting of subsidiary protection.

If there is a reasonable degree of likelihood of death penalty or execution, and no nexus to a reason for persecution can be substantiated, subsidiary protection under Article 15(a) QD/QR shall be granted. Death sentences continued to be imposed and carried out both by state authorities and Al-Shabaab courts. 

Article 15(b) QD/QR relating to the risk of torture, or inhuman or degrading treatment or punishment, may be applicable in certain cases. For example, in Somalia prison conditions, corporal punishments or forced evictions may reach the threshold of serious harm.

With regard to subsidiary protection under Article 15(c) QD/QR, the guidance provides an assessment per administrative region as per following:

• There are no areas in Somalia where the degree of indiscriminate violence reaches such an exceptionally high level that substantial grounds are shown for believing that a civilian, returned to the relevant area, would, solely on account of their presence there, face a real risk of being subject to the serious threat referred to in Article 15(c) QD/QR.

• Indiscriminate violence in situations of armed conflict reaches a high level in the regions Lower Juba, Bay, Lower Shabelle, Benadir/Mogadishu, Hiraan, Middle Shabelle, Mudug, Galgaduud. Accordingly, a lower level of individual elements is required to show substantial grounds for believing that a civilian, returned to the area, would face a real risk of serious harm.

• In the regions Gedo, Middle Juba, Bakool, Bari, Sool, Sanaag, indiscriminate violence is taking place, however not at a high level. Accordingly, a higher level of individual elements is required to show substantial grounds for believing that a civilian, returned to the area, would face a real risk of serious harm.

• In the regions Awdal, Nugal, Wogoyi Galbeed, Todgheer, it is considered that there is no real risk of serious harm under Article 15(c) QD/QR.