This briefing paper aims to provide a comprehensive overview of the legal frameworks addressing sexual violence in Somalia and Somaliland. It also seeks to shed light on existing laws and the processes undertaken by the respective governments to address sexual offenses legislatively. The paper highlights the inherent challenges within the judicial structures of both regions, where the coexistence of multiple legal systems, including, Xeer (clan law), and formal law often leads to ambiguity and lack of clarity. Additionally, it explores the persistence of the outdated Penal Code of Somalia (1963) in both territories, while acknowledging the efforts of activists and progressive government officials who have faced significant opposition from religious groups in their attempts to pass comprehensive anti-sexual violence offences legislation.
Section two of this paper focuses on the situation in Somalia, providing a conclusive analysis and recommendations on sexual violence prevention and response, while section three delves into the context of Somaliland, concluding with its own set of recommendations.
