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 No. 409/2004 was repealed by the current Refugee Proclamation, Proc.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
An Appeal Hearing Council (herein after referred to as the “Council”) that reviews the decision of the Agency in relation to recognition of refugee is hereby established under this Proclamation.
In the exercise of its function, the Council shall: take into primary consideration the best interests of the child when reviewing the appeal petition of minors.
1/ The Council shall within ninety days decide on appeals submitted to it in accordance with this Proclamation.
2/ In the exercise of its function, the Council shall:
a) ensure that every appellant is given reasonable time to present his case;
b) ensure the presence of a qualified interpreter during all stages of the hearing having due regard to the applicant’s preference to have an interpreter of a particular sex;
c) take into primary consideration the best interests of the child when reviewing the appeal petition of minors.
3/ The Council may after examining an appeal confirm, vary or reverse the decision of the Agency.
4/ The Council shall notify the appellant of its decision, and the reason thereof, in writing.
5/ The decision of the Council shall be final; provided, however, that any party claiming error of law may appeal to the Federal Supreme Court within 30 days from the date of receipt of the written decision of the Council.
6/ The Council shall issue its own rules of procedure.
1/ The Agency may declare any group of persons that meet the criteria set out in Article 5 of this Proclamation as refugees.
2/ When recognizing a group of asylum-seekers as refugees in accordance with this Article, the Agency shall, in consultation with United Nations High Commissioner for Refugees, issue a detailed Directive containing a description of the events in the country of origin or former habitual residence of the asylum-seekers underlying the decision, the characteristics of the group of beneficiaries to whom the decision applies and the applicable date of the decision.
3/ Notwithstanding sub-Article (2) of this Article, the Agency may decide to give group refugee status benefit for those who left their country of origin or former habitual residence prior to the applicable date of the decision.
4/ The Agency shall issue a Directive terminating the group refugee recognition procedure when determining, giving due consideration to country-of-origin information and in consultation with United Nations High Commissioner for Refugees, that the circumstances which led to the group refugee recognition has ceased to exist.
1/Any person who has applied for recognition of his status as a refugee pursuant to this Proclamation shall be allowed to remain in Ethiopia until the Agency determines his application; or if his application is unsuccessful, until he exhausts his right of appeal.
2/ Without prejudice to Article 11 of this Proclamation, the person may be subject to removal from the country in accordance with applicable immigration laws if he withdraws or abandons his application for refugee status or fails to submit an appeal against a negative decision of the Agency within the appeal period, or his appeal against the decision of the Agency is rejected by the Appeal Hearing Council.
3/ Notwithstanding sub-Article (2) of this Article, the person may be allowed to remain in Ethiopia for a reasonable period within which he may be able to seek legal admission to another country.
4/ Every recognized refugee has the right to remain in Ethiopia in accordance with provisions of this Proclamation.
Recognized refugees and asylum-seekers may receive the most favorable treatment as accorded to foreign nationals in respect to education other than primary education as regards access to studies, the recognition of foreign school certificates, diplomas and degrees, the remission of fees and charges and the award of scholar ships.
Every recognized refugee or asylum-seeker shall receive the same treatment as accorded to Ethiopian nationals with respect to access to pre-primary and primary education. Every recognized refugee and asylum-seeker may have access to secondary education; higher education; technical and vocation education and training; and adult and nonformal education within available resources and subject.
Every recognized refugee and asylum-seeker may have access to secondary education; higher education; technical and vocation education and training; and adult and non-formal education within available resources and subject to the education policy of Ethiopia.
Every recognized refugee and asylum seeker shall have access to health service in Ethiopia.
Recognized refugees and asylum-seekers engaged in rural and urban projects jointly designed by the Ethiopian government and the international community to benefit refugees and Ethiopian nationals, including in environmental protection, industry and small and micro enterprises, shall be given equal treatment as accorded to Ethiopian nationals engaged in the same projects.