Somalia: Establishing Somali nationality outside of Somalia, in particular for individuals without identity documents and for those who have left Somalia since 1991; prevalence of fraudulent identity documents (2021–February 2023)
1. Verifying Somali Nationality Outside the Country
In an interview with the Research Directorate, a representative of the Somali Canadian Society of Calgary (SCSC), a non-profit community organization addressing the needs of Somali immigrants and refugees (SCSC n.d.), stated that the Somali Embassy in Canada does not issue passports (SCSC 2023-02-23). The same source noted that Somali individuals living in Canada are able to access their birth certificates by having a relative from their father's side visit the registry in Somalia, state that their relative is living in Canada and needs their birth certificate, then submit the person's photo and a letter from their local tribesperson (SCSC 2023-02-23). The source further noted that this procedure varies by region and may not be followed consistently (SCSC 2023-02-23). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
In correspondence with the Research Directorate, the Director of Programs for the Somali Canadian Association of Etobicoke (SCA), a non-profit organization that assists newcomers from Somalia transition to life in Canada (SCA n.d.), stated that there is a "well used" method for Somali individuals to establish their identity: the individual goes to an established community organization with two witnesses [who have identity documents (Director of Programs 2023-02-21)] that have known the individual for over three years and these two individuals help to establish the person's identity and swear that the given information is correct (Director of Programs 2023-02-14). The same source stated that the individual is asked questions by the community organization regarding information such as language, region of birth and if they are nomadic; if the organization finds this information to be true, they provide a letter which "should have" the organization's letterhead and the signature of the executive director or a board member, indicating the individual's name and date of birth, and that to the best of the organization's knowledge, the person is Somali (Director of Programs 2023-02-14). Similarly, the SCSC representative stated that their organization issues letters that certify that individuals are from Somalia; the organization conducts an interview to ensure that the individual speaks Somali and no letter is issued if they do not speak the language (SCSC 2023-02-23). Following the interview, two people who know the individual is from Somalia are interviewed to attest to having seen the individual or their family in Somalia and state how they met the individual (SCSC 2023-02-23). The SCSC representative also stated that the letter they provide is to "support" that the individual is from Somalia and that the organization does not assist in acquiring identification from Somalia (SCSC 2023-02-23). The SCA Director of Programs further noted that documents from Somalia establishing proof of nationality can vary by region and the time period in which they were issued, with "[m]ost" having the name of the "region/government" on it and the signature of an official (Director of Programs 2023-02-14). However, the source noted that they had not seen proof of identity issued in Somalia in "years" (Director of Programs 2023-02-21).
The information in the following paragraph was provided in a "Query response," regarding passport applications at the Somali Embassy in Brussels, produced in 2019 by Landinfo, the Norwegian Country of Origin Information Centre responsible for "collecting, analysing and presenting" information to the Norwegian immigration authorities (Norway n.d.a):
Passport applications at Somali embassies "appear to be fairly similar" and "[a]ll passport applications are sent to the main office of the Somali Immigration and Naturalization Directorate (IND) for checking, approval and issuance." For applications at the embassy in Brussels, along with paying a fee of 180 euros (EUR) [C$260] and submitting passport photographs, an application form and biometric data (fingerprints and signature, in addition to the photo), applicants must also complete the following steps:
✓ Supporting documents
…
✓ According to the embassy's website, applicants must submit a Somali birth certificate, but in the email, the embassy states that this is not essential, as applicants can be issued a "Declaration of Nationality" from the embassy. This is in line with information [Landinfo has] received from IND and other embassies, which in this context highlights that very few applicants have a Somali birth certificate. A "Declaration of Nationality" is normally issued based on an interview (see below).
✓ Interview
The sources [interviewed by Landinfo] agree that applicants must complete an interview at the embassy. Information from IND and visits to the Somali Embassy in Nairobi indicate that the interview is more of a formality unless, for example, the applicant is not an ethnic Somali, does not speak Somali fluently or does not have a Somali name. In an email, the Somali Embassy in Brussels g[a]ve the impression that it is primarily applicants who do not speak fluent Somali or who are otherwise "suspicious" who are interviewed.
✓ References
IND and the Somali Embassy in Nairobi note[d] that applicants are asked to provide a reference, normally an elder representative of the clan or group to which the applicant claims to belong, who can confirm that the applicant has provided the correct identity. However, the reference is usually not contacted unless the applicant is not ethnically Somali, does not speak Somali or does not have a Somali name. (Norway 2019-05-21, 1–4, italics in original, footnotes and in-text references omitted)
Regarding applications for a residence permit or citizenship in Norway, which have "more stringent" requirements for proof of identity than when applying for asylum, the Norwegian Directorate of Immigration (UDI) states that although Somali passports have been accepted in Norway since 2018, they are "not reliable enough" to be the sole proof of identity; thus, other information is required, such as information from the asylum interview including name, age, area the individual is from, clan membership, and family; the applicant may also need to take a language test (Norway n.d.b). UDI also states that they "may" look at information shared via social media or information provided to authorities by family members (Norway n.d.b).
The SCSC representative stated that the Somali Embassy in Washington, DC submits requests for passports for individuals living in the US and that people must provide their information and fingerprints; their request for a passport is then submitted to [immigration authorities] in Somalia (SCSC 2023-02-23).
2. Fraudulent Identity Documents or Documents Obtained Fraudulently
According to sources, passports issued by Somalia are not valid in Canada (Canada 2020-01-30) or other countries including the UK and Germany, resulting in individuals "often [being] forced" to use fraudulent documents (CBC 2022-03-26). According to the US Department of State's Reciprocity Schedule for Somalia, there is no "recognized competent civil authority to issue civil documents" and Somali passports are not valid for issuing visas by US authorities (US n.d.). The US Department of State's Country Reports on Human Rights Practices for 2019 states that "many" countries do not accept Somali passports due to "widespread" fraud (US 2020-03-11, 21). According to a 2016 World Bank report, Somalia's system for issuing passports and identity cards "lends itself to corruption and widespread fraud" due to a "financial governance model" that "incentivizes" bribes and the system being based on documents that "are not widely available, do not exist, or are unverified in Somalia" (2016, 28). The Australian Department of Foreign Affairs and Trade (DFAT) notes that document fraud is "highly prevalent" and can occur through fake documents or genuine documents acquired using false information (Australia 2017-06-13, para. 5.20). US Country Reports 2020 states that the advisory body of Somalia's Financial Governance Committee (FGC) was "assisting with initiating" the selection of a new passport supplier (US 2021-03-30, 30). According to the SCSC representative, in the past people were able to acquire fraudulent passports but the situation has become "very strict" with a federal system in which documents are issued out of Mogadishu (2023-02-23). The same source further noted that state governments issue documents such as birth certificates, which vary in appearance by state and that birth certificates from Mogadishu have serial numbers, while other regions do not (SCSC 2023-02-23). For further information on birth certificates, see Response to Information Request SOM201367 of March 2023.
2.1 Document Fraud Outside Somalia
Information on document fraud outside Somalia was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.
According to an article from Irish Legal News (ILN), a daily legal news website that also provides case reports (ILN n.d.), on a naturalization application submitted in May 2017, a Somali woman included a Somali passport she had obtained through "unofficial channels" and it was found to be "invalid" (2022-11-16). The article further notes that the individual's lawyer had flagged that the passport might not be genuine; the woman had also unsuccessfully attempted to travel to the Somali embassy in Belgium to apply for a new passport (ILN 2022-11-16).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Australia. 2017-06-13. Department of Foreign Affairs and Trade (DFAT). DFAT Country Information Report: Somalia. [Accessed 2023-02-27]
Canada. 2020-01-30. Immigration, Refugees and Citizenship Canada (IRCC). "Valid Passports and Other Travel Documents Needed to Come to Canada." [Accessed 2023-02-15]
Canadian Broadcasting Corporation (CBC). 2022-03-26. Shanifa Nasser & Jessica Ng. "'We Had to Escape': Growing Number of Somalis Face Possible Deportation over False Documents, Advocates Say." [Accessed 2023-02-15]
Director of Programs, Somali Canadian Association of Etobicoke (SCA). 2023-02-21. Correspondence with the Research Directorate.
Director of Programs, Somali Canadian Association of Etobicoke (SCA). 2023-02-14. Correspondence with the Research Directorate.
Irish Legal News (ILN). 2022-11-16. Killian Flood. "High Court: Decision to Refuse Naturalisation Application on Good Character Grounds Failed to Properly Record Exculpatory Factors." [Accessed 2023-02-27]
Irish Legal News (ILN). N.d. "About." [Accessed 2023-02-27]
Norway. 2019-05-21. Landinfo. Query Response. Somalia: Passport Application at the Somali Embassy in Brussels. [Accessed 2023-02-15]
Norway. N.d.a. Landinfo. "About Landinfo." [Accessed 2023-02-24]
Norway. N.d.b. The Norwegian Directorate of Immigration (UDI). "Identity." [Accessed 2023-02-23]
Somali Canadian Association of Etobicoke (SCA). N.d. "About Us." [Accessed 2023-02-21]
Somali Canadian Society of Calgary (SCSC). 2023-02-23. Interview with a representative.
Somali Canadian Society of Calgary (SCSC). N.d. "About SCSC." [Accessed 2023-02-23]
United States (US). 2021-03-30. Department of State. "Somalia." Country Reports on Human Rights Practices for 2020. [Accessed 2023-02-17]
United States (US). 2020-03-11. Department of State. "Somalia." Country Reports on Human Rights Practices for 2019. [Accessed 2023-02-17]
United States (US). N.d. Department of State. "Somalia Reciprocity Schedule." [Accessed 2023-02-14]
World Bank, et al. 2016. Tariq Malik, et al. Toward a Somali Identification System: ID4D Diagnostic. [Accessed 2023-02-23]
Additional Sources Consulted
Oral sources: Legal Action Worldwide; Somalia – embassies in Canada, Kenya, and the US, Immigration and Naturalization Directorate; Somalia Development Centre; Somali-Canadian Cultural Society of Edmonton; Somali Canadian Education and Rural Development Organization; Somali Centre for Family Services; Somali Public Agenda.
Internet sites, including: Al Jazeera; Amnesty International; Australia – Department of Home Affairs; Austrian Red Cross – ecoi.net; BBC; Belgium – Commissariat général aux réfugiés et aux apatrides; CBS News; Denmark – Ministry of Immigration and Integration; EU – EU Agency for Asylum, European Council; France – Office français de protection des réfugiés et apatrides; Freedom House; Garowe Online; Goobjoog News; Haatuf Online; Henley & Partners – Henley Passport Index; Hiiraan Online; Human Rights Watch; The Irish Times; Keesing Technologies – Keesing Documentchecker; National Public Radio; The New Humanitarian; The New York Times; Norwegian Refugee Council; Puntland Times; Radio Muqdisho; Somalia – embassies in Belgium, Canada, Kenya, Türkiye, and the US, Immigration and Naturalization Directorate, Ministry of Foreign Affairs and International Cooperation; Somalia Report; Somaliland Sun; Transparency International; UK – Home Office; UN – Office of the High Commissioner for Human Rights, Refworld, Security Council, Statistical Commission, UNDP, UNHCR; US – CIA, Library of Congress, US Agency for International Development; Voice of America; The Waaberi Project.