Human Trafficking in Somalia: Legal Frameworks and Victim Protection

Abstract

Somalia remains highly vulnerable to human trafficking, with women and children bearing a disproportionate burden of exploitation, including forced labour, sexual exploitation, forced marriage, child recruitment by armed groups, and forced begging. Although Somalia has adopted constitutional and statutory measures to combat trafficking, persistent legal and institutional shortcomings continue to hinder effective prevention, prosecution, and victim protection. This study examines Somalia’s anti-trafficking legal framework through a gender-responsive lens, evaluating the effectiveness of the Provisional Constitution of 2012, the Penal Code, and the 2025 Draft Bill on Combating Human Smuggling and Trafficking in Persons in safeguarding the rights of women and children. Employing a doctrinal legal research methodology, the study analyses primary legal sources alongside relevant international instruments, including the Palermo Protocol, the Convention on the Rights of the Child (CRC), and the Optional Protocol on the Involvement of Children in Armed Conflict (OPAC), supported by secondary data from international and national trafficking reports. The findings indicate that while the Constitution and Penal Code provide a legal basis for addressing trafficking, important deficiencies remain in enforcement, victim protection, and the treatment of gender-specific forms of exploitation. The study concludes that the enactment of the Draft Bill, together with harmonized penalties and strengthened victim-centered, genderresponsive protection mechanisms, would significantly enhance Somalia’s capacity to prevent trafficking, prosecute offenders, and protect vulnerable victims.