Last Change:
05/14/2025
Refugees Proclamation No.1110/2019
Year: 2019
Type: Domestic law
Rights Category: Asylum, Freedom of movement, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Family life, Documentation
Description
The Previous Refugee Proclamation, Proc. No. 409/2004 was repealed by the current Refugee Proclamation, Proc. No. 1110/2019 in Feb. 2019. The law was enacted with a view to have a legal framework that is in line with international standards and provides better protection to refugees and promotes sustainable solutions. The Refugee Proclamation recognizes a wide range of rights of refugees and asylum seekers including, inter alia, the right to work, access to documentation, freedom of movement, acquisition and transfer of property, local integration as well as access to education, health, justice and other socio-economic services.
Selected provisions
1/ Where the fundamental changes referred to in Article 9(1) (e ) of this Proclamation are considered to have taken place in a country of nationality or former place of habitual residence of a person or persons recognized as refugees under this Proclamation, the Agency, working in collaboration and coordination with the United Nations High Commissioner for Refugees and subject to such other special procedures as may be established for this purpose, shall initiate an assessment and verification of the nature and durability of the changes having regard to the circumstances which justified the grant of refugee status.
2/ Following such assessment and verification, the Agency shall, in collaboration with the United Nations High Commissioner for Refugees, make a decision as to whether or not the refugee status of the person or group of persons concerned shall be declared to have ceased.
3/ The decision made pursuant to Sub-Article (2) of this Article shall also set out the consequences and implications for the refugee or refugees affected by the cessation of refugee status, including the right of individual refugees to appeal against the decision.
1/ No person shall be refused entry into Ethiopia or expelled or returned from Ethiopia to any other country or be subject to any similar measure if as a result of such refusal, expulsion or return or any other measure, such person is compelled to return to or remain in a country where:
a) he may be subject to persecution on account of his race, religion, nationality, membership of a particular social group or political opinion: or
b) b) his life, physical integrity or liberty would be threatened on account of external aggression, occupation, foreign domination or events seriously disturbing public order in part or whole of the country.
2/ The benefit of sub-article (1) of this Article may not, however, be claimed by a person whom there are serious reasons for regarding as a danger to the national security, or who having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community.
3/ the Agency shall, in line with this Proclamation and other laws, ensure whether serious grounds exist for regarding a person as a danger to national security.
1/ a recognized refugee shall not be expelled except on the grounds of national security or public order.
2/ an order to expel, pursuant to this article shall be made by the Agency. Such an order shall be reached in accordance with due process of law allowing the concerned refugee to present his case.
3/ any expulsion order shall be communicated in writing to the refugee along with the reasons for the order.
4/ The execution of any expulsion order may, if the concerned refugee requests, be delayed for a reasonable period to enable such refugee to seek legal admission to another country.
A family member of an asylum-seeker, as provided for in this Proclamation, shall be permitted to enter and remain in Ethiopia until his case is finally decided.
A family member of an asylum seeker or recognized refugee in Ethiopia shall be entitled to all the rights and be subject to the duties of the refugee or asylum-seeker. Article 14(3) of the Refugees Proclamation.
The Agency shall facilitate reunification when requests are made by recognized refugees or asylum-seekers to reunify with their family members within Ethiopia.
1/ Without prejudice to Article 21 of this Proclamation, any person who is at the frontier or any other entry point or within Ethiopia, whether he has entered the country lawfully or otherwise, and who wishes to remain within the country as a refugee in terms of this Proclamation, shall within thirty days, apply to the nearest Agency office or branch office; or police station.
2/ The Agency may, up on the request of the applicant, accept applications made after the expiry of the period stated under sub-Article (1) of this Article if the late application is due to justifiable reasons.
3/ The police station receiving the application in accordance with this Article shall, as soon as possible forward the application to the Agency.
4/ The Agency may permit a person to submit his application for refugee status through another person if he is unable to submit his own application due to circumstances beyond his control.
5/ An application for refugee status made in accordance with Sub-Article (1) of this Article is deemed to have been made on behalf of all members of the family of the applicant except where individual members of the family choose to submit behalf separate application. An unaccompanied or separated child may, individually, or through his guardian, lodge an application for refugee status.
6/ The applicant shall complete the relevant forms issued by the Agency and vouch for the truth of the statement therein.
7/ The Agency may discontinue the processing of application for refugee status if the asylum-seeker withdraws or abandons his application.
8/ No criminal charge shall be commenced or continued or penalties be imposed against a person who has applied or is about to apply pursuant to this Proclamation on account of his illegal entry and presence in the country.
Without prejudice to Article 21 of this Proclamation, any person who is at the frontier or any other entry point or within Ethiopia, whether he has entered the country lawfully or otherwise, and who wishes to remain within the country as a refugee in terms of this Proclamation, shall within thirty days, apply to the nearest Agency office or branch office, or police station.
1/ The Agency shall examine and decide on the application presented to it in accordance with Article 15 of this Proclamation within six months period of time of registering the application after verifying that the criteria provided under Article 5 or 6 of this Proclamation are fulfilled.
In deciding asylum applications, the Agency shall take into primary consideration the best interests of the child when examining and making decision on the application of a minor for refugee status.