Internal protection alternative

GUIDANCE NOTE
Last updated: June 2022

The assessment should take into account:

• general security situation in relation to indiscriminate violence

The general security situation in the particular part of the country that is being examined as an alternative for internal protection in the individual case should be assessed in accordance with the analysis under the section on Article 15(c) QD.

The conclusions with regard to the three cities of Mogadishu, Garowe and Hargeisa are as follows:

In Mogadishu: indiscriminate violence reaches a high level, and, accordingly, a lower level of individual elements is required to show substantial grounds for believing that a civilian, returned to the territory, would face a real risk of serious harm within the meaning of Article 15(c) QD

In Garowe: there is, in general, no real risk for a civilian to be personally affected within the meaning of Article 15(c) QD

In Hargeisa: there is, in general, no real risk for a civilian to be personally affected within the meaning of Article 15(c) QD.

• actor of persecution or serious harm and their reach

In case where the person fears persecution or serious harm by State actors (e.g. journalists), there is a presumption that IPA would not be available (Recital 27 QD).

In specific cases, where the reach of a certain State actor is clearly limited to a particular geographical area (e.g. FMS authorities, Somaliland authorities), the criterion of safety may be satisfied with regard to other parts of Somalia.

In case of persecution by Al-Shabaab, the criterion of safety, in general, would not be satisfied in South-Central Somalia. With regard to Puntland and Somaliland, IPA may be considered safe, depending on individual circumstances. Among other relevant factors, the capacity of Al-Shabaab to track and target individuals in areas outside of its control, the way the applicant is perceived by Al-Shabaab, and whether a personal enmity is at stake should be given due consideration.

With regard to other actors of persecution or serious harm, such as ISS and clans, their presence is generally geographically more limited. In some cases, the criterion of safety under IPA could be satisfied, depending on individual circumstances.

Where the applicant faces persecution or serious harm for reasons related to the prevalent social norms in Somalia and the actor of persecution or serious harm is the Somali society at large (e.g. LGBTIQ persons), IPA would in general not be considered safe.

For certain particularly vulnerable individuals, such as some women and children, if the actor of persecution or serious harm is the (extended) family or clan (e.g. FGM, forced marriage), taking into account the reach of these actors, the lack of State protection and their vulnerability to potential other forms of persecution or serious harm, IPA would in general not meet the requirement of safety.

See the section Actors of persecution or serious harm.

• whether the profile of the applicant is considered a priority target by the actor of persecution or serious harm

The profile of the applicant could make them a priority target, increasing the likelihood that the actor of persecution or serious harm would attempt to trace them in the potential IPA location.

• behaviour of the applicant

It cannot be reasonably expected that the applicant abstains from practices fundamental to his or her identity, such as those related to their religion or sexual orientation and gender identity, in order to avoid the risk of persecution or serious harm.

• other risk-enhancing circumstances

The information under the section 2. Refugee status should be used to assist in this assessment.

GUIDANCE NOTE
Last updated: June 2022

Alternatively, it may be determined that the requirement of safety is satisfied if the applicant would have access to protection against persecution or serious harm, as defined in Article 7 QD, in the area where IPA is considered. In the case of persecution by the State, a presumption of non-availability of State protection applies.

GUIDANCE NOTE
Last updated: June 2022

The general situation in the area in consideration should be examined in light of the criteria described above, and not in comparison with standards in Europe or other areas in the country of origin.

The general circumstances prevailing in Mogadishu, Garowe and Hargeisa assessed in relation to the factors above entail significant hardship. However, they do not preclude the reasonableness to settle in the cities as such. A careful examination should take place, particularly when assessing the reasonableness of IPA to Mogadishu. The person’s ability to navigate the above circumstances in the three cities will mostly depend on access to clan support and financial means and in individual cases, the reasonableness requirement may be satisfied. The impact of COVID-19 on the economic situation, as well as on the healthcare system, should also be considered.

GUIDANCE NOTE
Last updated: June 2022

In addition to the general situation in the area of potential IPA, the assessment whether it is reasonable for the applicant to settle in that part of the country should take into account the individual circumstances of the applicant, such as:

• clan affiliation and support network
• age
• gender
• state of health
• religion
• local knowledge
• social, educational and economic background
• civil documentation
• etc.

The individual considerations could relate to certain vulnerabilities of the applicant as well as to available coping mechanisms, which would have an impact when determining to what extent it would be reasonable for the applicant to settle in a particular area. It should be noted that these factors are not absolute and they would often intersect in the case of the particular applicant, leading to different conclusions on the reasonableness of IPA.

GUIDANCE NOTE
Last updated: June 2022

The general conclusions on the reasonableness of IPA for particular profiles of applicants are based on an assessment of the general situation in Mogadishu, Garowe and Hargeisa and the individual circumstances of such applicants, as outlined in the sections above.

Mogadishu

Based on the general situation in Mogadishu, and taking into account the applicable individual circumstances, internal protection alternative in Mogadishu may be reasonable only in exceptional cases. Such exceptional cases would in particular include some able-bodied men and married couples without children with no additional vulnerabilities, who belong to locally majority clans and who have educational and professional background facilitating their access to employment, or a support network who is able to assist them in accessing basic subsistence, or those who otherwise have sufficient financial means. In the cases of couples, basic subsistence has to be ensured for both spouses in the IPA location.

Garowe and Hargeisa

In the case of single able-bodied men and married couples without children, IPA could be reasonable for those who belong to the local majority clan and can rely on its support and have no additional vulnerabilities.

In the case of families with children and unaccompanied children, internal protection alternative would in general not be reasonable. Individual circumstances and the best interests of the child should be duly assessed. In the case of applicants from minority groups, including clans who can be considered minorities in the local context of the suggested IPA location, internal protection alternative would in general not be reasonable.

In the case of other profiles, the individual circumstances of the applicant, in particular in relation to clan affiliation, gender, age, the existence of a support/clan network, etc should be given due consideration, when assessing the reasonableness to settle in one of these cities.