Refugees Proclamation No. 1110/2019
صدر في 2019 · النص بتاريخ 2026-10-01
القانون العام والإرشادات الرسمية منشورة بوصفها أبحاثاً. ليست مشورة قانونية أو ضريبية أو مالية.
البحث نفسه مكتوب بالإنجليزية. العناوين والوسوم مترجمة؛ أما النتائج والاقتباسات فغير مترجمة.
عن هذا القانون
- اللغة
- English; Amharic
- النوع
- قانون
- الدولة
- إثيوبيا
- الموضوعات
- Land and soil, General
- الكلمات المفتاحية
- access-to-justice, economic/social/cultural rights, equity, gender, human rights, labour, migration, social protection, youth, public health, intellectual property rights, internal trade, international trade, hazards, risk assessment/management, lease, ownership, property rights, transfer rights, contracts
- الفئات
- *
أين تقرؤه
النص
نص القانون نفسه، مادةً مادة، كما هو محفوظ. لكل مادة رابطها.
I FEDERAL NEGARIT GAZETTE OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA a A!7q 5B -." {| 25th Year No.38 A 7 A% } ~ NF 402/ 5.! I ADDIS ABABA 27th February, 2019 .! !" # $%& '() Content A+, -." /0/12/402/ 5.! Proclamation No. 1110/2019 7 8 9:; A+, …………………=> 2/0?@ Refugees Proclamation .................--Page 11,075 A+, -." /0/12/402/ PROCLAMATION NO. 1110 /2019 7 8 9:; A+, REFUGEES PROCLAMATION I A7 8 B$CD EA F WHEREAS, Ethiopia is providing asylum !G. EF I! IJKL MNO C P%Q( and protection to refugees and promoting the search RS T & BUV EF =W !KXKK for durable solutions whenever conditions permit; BYZ[ I G 8 F BAE N WHEREAS, Ethiopia has ratified \ N]Q( 5A'N^ 7!!_ B` Q(D International Treaties relating to Refugees and a=b cR A 'dXe[ EF I! A 7 A% make integral part of the law of the land ; and is \ N( AU G 8 F R" GZ party to the OAU Convention Governing the =fKL g=h( AU AFd d", Specific Aspects of Refugee Problems in Africa, done in Addis Ababa; iFjFkF A% BYl[ E ; $Nm 5A! ANU 7!!_ WHEREAS, it is necessary to have a ; NBn B_ F To A7 8 pA comprehensive legal framework, in accordance with EA gG.D A RS]Q( T & BUV international standards, that contains rights and EF =W g7 5A! ANU BBTqL entitlements embodied in the aforesaid International Conventions, provides better protection to refugees BGX NXr s R 'ENU '7MA9[ and promotes sustainable solutions; 7 8 9:; A+, -." u1v//0v1wx WHEREAS, the existing Refugee .y YD TXTX EBYZ! ; AIZ Proclamation No. 409/2004 is not painstaking and y 7 8 F A7B_ A(F A$z ; does not reflect the current overall developments A(.D A:C IJKL R! (7. 7=% and progresses made in refugee protection, it has %ABYZ A=b Ay! gMy ( B$F become necessary to enact a new Refugees Proclamation to improve, within available means, 7 8 F A A'pp EF 7 comprehensive protection and assistance to 7 8 9:; A+,F EF =D '( refugees; '7MA9[ ÃNÇ êU nU¶T Uz¤È ±.œ.q.Ü *¹þ1 Unit Price Negarit G. P.O.Box 80001 gA 2/0?x Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11076 I NOW, THEREFORE, in accordance with = BFR7 AFN> @/// BX Article 55(1) of the Constitution of the Federal gEA( K( Democratic Republic of Ethiopia, it is hereby Proclaimed as follows. U AFd PART ONE $y General /. A" "E7 1. Short Title ;c A+, “7 8 9:; A+, -." This Proclamation may be cited as “Refugees /0/12/402/” $N7 ; Proclamation No.1110/2019.”
4. "e 2. Definition zP ;! X9 A=% "9! In this Proclamation, unless the context gG$( Y 7N" c A+, (7.- otherwise requires: 1/ “F” 'A BFR7 A7Mg 1/ “Agency” means the Agency for Refugees A F FD R%" ABGF ( and Returnees Affair established as per Article A+, -." /0w/402/ AFN> {(u)(X) 33(4)(f) of the Definition of Powers and BGX B( 7 8 D E7 Duties of the Executive Organs of the Federal B 9:; F 'A ([ Democratic Republic of Ethiopia, Proclamation No. 1097/2018; 2/ “% BFR7K 7 8 EUq 2/ "United Nations High Commissioner for igk"” 'A I g=( Refugees" means the Office of the United % BFR7K d", 7 8 Nations High Commissioner for Refugees in EUq igk" >cM # ([ Ethiopia. 3/ “7 8 iFjFkF” 'A E..A ; 3/ "The Refugee Convention" means the ~| NF /0v1/ J \ N( Convention Relating to the Status of Refugees 7 8 F IJK gBAE( iFjFkF done at Geneva on 28th day of July, 1951,and ED E..A F+ {/ NF /0v1 the Protocol Relating to the Status of Refugees (" \ N( 7 8 F IJK done at New York on 31st day of January, 1967; gBAE( S_i 'A ([ 4/ “AU AFd d", 7 8 4/ "The OAU Refugee Convention" mean the iFjFkF” 'A E..A !" 2 NF Organization of African Unity Convention /0v1v A 7 A% \ N(D AU Governing the Specific Aspects of the 7 8 F R" GZ =fKL g=h( Refugee Problems in Africa, done at Addis Ababa on 10th day of September ,1969; AU AFd d", iFjFkF 'A ([ 5/ “R A="” 'A 7 q( Y 5/ "Country of Nationality" means a country of A=" ([ which the refugee is a national; 6/ “Nd B q B` A="” 'A AFd 6/ "Country of Former Habitual Residence" G( g ;`"D EA =¡ X means the country in which the person A=" ([ established himself permanently and which enjoyed its protection; gA 2/0? Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11077 7/ “7 q” 'A c A+, AFN> @ ;! 7/ "Refugee" means any person who fulfils the AFN> ~/ $NG(F B7M" gs criteria under the provisions of Article 5 or G( ([ Article 21 of this Proclamation; 8/ “.=¡ $&” 'A dF" ;! 8/ "Asylum-seeker" means any person or group $XU ; Y` 7 ¡ E(yD of persons who presents himself or themselves EF G$( g$;y BYZF 7KN ;! at the border or frontier or within the territory I (7. Y` 7 ¡ E(yD of Ethiopia seeking refugee status and wait EF G$( F A( A AB_ for decision of the Authority; B¢Xp (£J g$y 'Fq(! G( ;! GL ¤dF ([ 9/ “#G A%” 'A- 9/ "The Family Members" means: ¥) 7 q ;! .=¡ $& % ;! a) any spouse of the recognized refugee or g7o asylum-seeker; A) EA7 7!F 5B K Y =% b) any unmarried child of the recognized 7 q ;! .=¡ $& ,o ;! refugee or asylum-seeker under the age of eighteen years; or ) 7 q( ;! .=¡ $&( c/ any person the Agency may consider, upon B A=" R BX G$( assessment, as member of a family taking #G "9! EF I! E"7 "7 into account the meaning of family in the Q(F .=¡ R! (7. '7=% laws of their country of origin and F( g "=( ' EF existence of dependency among them.. #G ¦$X( G([ (
0/ “E(yD = 7 q” 'A- 10/ "Recognized Refugee" means a person who: ¥) c A+, AFN> @ BX 7 ¡ a) has been recognized as a refugee in terms of E(yD =o ;! Article 5 of this Proclamation; or A) c A+, AFN> ~/ BX 7 q b) is a member of group of persons declared to DQ( %P GL ¤dF A% Y[ be refugees in terms of Article 21 of this ( Proclamation. 01/ “BK& Gd” 'A E(yD = 11/ “Identification Document” means 7 q ;! .=¡ $& F( documents, issued by the Agency, to gG. EF BK& XNo Bee§ recognized refugees and asylum-seekers, Gdo ;AU XNo !=% 'X=) including identity paper, travel document, pass Gdo !7" XN ED B££; permit, proof of registration, birth certificate or similar documents that attest as to the 'FF g=¨ G© F ;BAEK[ identity of the bearer; 24/ “EA%ª '«XG " '+ad” 'A 12/ “Local Integration” means a process by I (7. AX,! ABK 7 which individual refugee or groups of refugees ` E(yD =W 7 8 D$! who have lived in Ethiopia for a protracted ;IF ¤dF g$;- y EI period are provided, up on their request, with ¬ " IAFD -"¡ EF ` Q( permanent residence permit to facilitate their broader integration with Ethiopian nationals g B` Mzd AR¡( T & BUV until they fully attain durable solutions to their E7=W dX7 E¬ " N yA( problems; g` ® 'A ([ gA 2/0?| Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11078 2/ "G(" 'A M.S G( ;! cR 13/ "Person" means a natural person or a G( B G$( A ([ juridical person; 04/ 'Fq(! Fd °K =Ar( A=" 14/ Any expression in the masculine gender °KF! ;¢! ± includes the feminine. . Mg GF 3. Scope of Application c A+, dF²L - Provisions of this Proclamation shall be applicable to any person who: 1/ I 7 ¡ EA A'R .³ 1/ is a refuge apply for recognition or is a %NX ;! 7 ¡ E(yD G$( recognized refugee in Ethiopia; and G(o ED 2/ c A+, B G$(o R´K 2/ has a right or is subjected to obligations A ;! 9 AMµr! ; £¶ arising from this Proclamation; or participates g`X( 'Fq(! G( ;o in the implementation of this Proclamation. Mg ;YDP U IA PART TWO $y B"YL D B7M"_ General Principles and Criteria
u. · AA'dXR 4. Non-discrimination ;c A+, T"o ¸;'`o Ro AFd This Proclamation shall be applied without «XG U A%o ¹A} A7£G discrimination as to race, religion, Nationality, ;! B££; !F_ · membership of a particular social group, £; XR Mg ;YD political opinion or other similar grounds. @. 7 ¡ B7M" 5. Refugee Criteria 1/ 'Fq(! G(º 1/ Any person shall be considered as a refugee where: ¥/ To ¸;'`bo Rbo AFd a) owing to a well-founded fear of being «XG ¤dF A% BYZ ;! persecuted for reasons of race, religion, ¹A} E!b !F E"R. ;! nationality, membership of a particular social group or political opinion he is ¢% '£ d ;! A ;! outside his country of nationality and is EFR ;! 7z; ; "7q unable or, owing to such fear, is unwilling, B7b !F ER A= to avail himself of the protection of that G D EI 7_ !F country; R A=F .z A'R ]A ;! MA= EF Yo A/ R A( EY To ¸;'`bo b) not having a nationality and being outside AFd G ¤dF A% BYZ ;! the country of his former habitual residence, he is unable, or owing to a well- ¹A} E!b !F E"R. ;! founded fear of being persecuted for ¢% '£ d ;! A ;! reasons of race, religion, membership of a EFRD 7z; ; "7q particular social group or political opinion, B7 ENd B q B` he is unwilling to return to it; or U ( A¦ G ED BBA7 ]A ;! MA= EF Yo ;! gA 2/0?v Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11079 / ( X o Rh Bo ( c) owing to external aggression, occupation, A=ho (d ;! R A=F foreign domination or events seriously c% "5 E»! Y ¼P disturbing public order in either part or the gD E%d 7 !F E(d whole of his country of origin or ;! ER A= ( .=¡ nationality, he is compelled to leave his place of habitual residence in order to seek AB$y B q B` U (F refuge in another place outside his country ABNy = EF Y[ of origin or nationality. EF 7 q ;¦$
2/ AFd G( EAFd ; R A( EEc 2/ In the case of a person who has more than one A=S AFO gG$(F EA E"R$q nationality, a person shall not be deemed to be ;! ¢% 7 £;`X( A& lacking the protection of the country of which !F $NB EY R A=F he is a national if, without any valid reason based on well-founded fear, he has not availed .z EF: = A;¦$"! himself of the protection of one of the countries of which he is a national. x. EA=" B( ½ gM$ IJKL 6. Recognizing Refugee Status Sur Place 7AgG. 7 ¡ E(yD 'Fq¾! G( ER ;! ENd B` A person shall be considered as a refugee where A= E ½ c A+, AFN> @ FU7 the conditions stipulated under Sub Article AFN> (1)(¥) o (A) ;! () $Nm (1)(a), (b) or (c) of Article 5 of this Proclamation IJKL EGb EF 7 q ;¦$ have taken place after he has left the country of his nationality or habitual residence. . EF 7 q 7 AB¦$" 7. Exclusion from Refugee Status c A+, AFN> @ ED x ==( ª`"! Notwithstanding the provisions of Article 5 and 'Fq(! G(- 6 of this Proclamation a person shall not be considered as a refugee if there are serious reasons for considering that: 1/ I NA]Q( 5A! ANU 1/ he has committed a crime against peace, a war 7!!_ (7. EF ==( G !D crime, or a crime against humanity, as defined 7ED ; F ;! À" F in the international instrument drawn up to 7ABM\¼[ make provision in respect of such crimes; 2/ I EBR%b » E¹A} 2/ he has committed a serious, non-political F ( E%d F 7ABM\¼[ crime prior to his entry into Ethiopia as a refugee; or 3/ % BFRK d", ;! 3/ he has been guilty of acts contrary to the AU cX ]"" (7. b purposes and principles of the United Nations 5 'L FD B"YL F B7 .^q or the African Union as embodied in their 7ABYZ[ respective Charters. A£'¡ !F_ =W EF Y EF 7 q A;¦$"! |. 7 ¡ E(yDF 7ABX ED Bp" 8. Cancellation and Revocation of Refugee Status 1/ F(- 1/ The Agency may: gA 2/0à Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11080 ¥) 7 ¡ E(yD G$( G( a) cancel the refugee status of a person, if he 7 ¡ (£J G$( c A+, should not have been considered to be a AFN> @ NBnF 7 ¡ refugee because the inclusion criteria B7M"_ %A's b !F provided by Article 5 of the Proclamation EF 7 q B¦$" X EYo was not met at the time of the initial decision; ;! A) 7 ¡ E(yD G$( G( b) cancel the refugee status of a person, if he 7 ¡ E(yD (£J G$( c should not have been considered to be a A+, AFN> b EF 7 q refugee because the exclusion criteria '7¦. 7 ¡ B7M"_ provided under Article 7 of the !F EF 7 q B¦$" X Proclamation had not been applied at the time of the initial decision. EYo 7 ¡ E(yD(F G" ;
2/ 7 ¡ E(yD G$( G( c A+, 2/ The Agency may revoke the refugee status of AFN> (1) ED (3) 7" $Nm a person recognized in Ethiopia if it is EF 7 q EF:;¦$" g "9 established that, after he is granted refugee B7M"_ E(yD(F = ½ R% status, the exclusion criteria provided by gYZ EY F( 7 ¡ Article 7 (1) or (3) of this Proclamation E(yD(F k" ; applies to the person. 3/ c AFN> BX 7 ¡ E(yD 3/ The Agency shall give the person, whose EBGXÁ ;! EBp » F( refugee status is cancelled or revoked, a prior A7 q( 7AIJK( >IU 7K(N(D written notification and an opportunity to 9:·F EF 7X: MydA ; explain about the issue. 4/ 7 ¡ E(yDF 'F£ ;! Bp" 4/ The decision to cancel or revoke refugee (£J (£J( AM G( #G status by the Agency shall also apply to family A% ;! Mµg ;YD Y`! members of the person with respect to whom #G A%P c A+, BX D$ the decision has been made; provided, however, that the family member affected by 7 ¡ E(yD EF G$( 'BE] the decision has a right to submit his 'yX Bb $N ( individual application for refugee status in accordance with this Proclamation. 5/ c AFN> BGX F( G$( (£J 5/ Any person aggrieved by the decision of the y" G 7 q (£J( >IU Agency made in accordance with this article =A\A 7d£ ND C (7. c may appeal within sixty days of receiving A+, BX AB( ;R%¡ Gg 9% written notification of the decision to the ;R%¡ 'BE] 'yX ; Appeal Hearing Council established in accordance with this Proclamation. 6/ c AFN> FU7 AFN> 5 dF² ª`"! 6/ Notwithstanding the provisions of sub-Article ;R%¡ %· A£'¡ !F NX ;R%¡ (5) of this Article, the Appeal Hearing Council Gg 9%( E7d£ ND ½ NXF may hear an appeal filed after the expiry of ;R%¡ A#bK G' ; sixty days if the appellant has justifiable cause for having filed a late appeal. gA 2/0Ã/ Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11081 v. EF 7 q B¦$" 7Agz IJK 9. Cessation of Refugee Status 1/ 'Fq(! G(- 1/ Any person shall cease to be considered as refugee if: ¥) m U ¬ R A= gG. .z a) he has voluntarily re-availed himself of the BÄ $zg Y EF Y[ protection of the country of his nationality; A) RbF A._ X EY Mz ¡ b) having lost his nationality, he has BÄ =[ voluntarily re-acquired it;
) g "7F '£ d BU A¦ c) he has voluntarily re-established himself in ( A=" ;! g g`" the country which he left or outside of A=" (7. mF BÄ B EF Y[ which he remained owing to fear of persecution; B) I ;! A=" R d) he has acquired the nationality of Ethiopia, AR¡_ I A m R A= gG. or that of another country and enjoys the EA $zg Y EF Y[;! protection of his new country of nationality; or ) 7 ¡ E(yD EF =¡ !F e) he can no longer, because the IJKL N ;! An circumstances in connection with which he Y( R A= gG$(F EA was recognized as a refugee have ceased to exist, continue to refuse to avail himself of %AB$N! A¼ N$A EF Y[;! the protection of the country of his RbF A._ EY Nd B q nationality: or if he has lost his nationality B` A= ABA7! A'A or has no nationality and is able to return to g7 IJK A EF Y[ his country of former habitual residence EF 7 q B¦$ N ;YD but continue to refuse to do so. 2/ c AFN> FU7 AFN> 1() dF²L 2/ The provision of Sub-Article (1) (e) of this c A+, AFN> @ 7" =A¨ Article shall not apply, however, to a refugee !F_ R A= ;! Nd who is able to invoke compelling reasons arising out of previous persecution as set out B q B` A= gG. EA AB$N! in Article 5 of this Proclmation, for refusing to ABMAR gBÅ A7=:, !F_ F avail himself of the protection of the country 'yX g 7 q ; Mg of his nationality or country of his former A;YZ! habitual residence. 3/ c AFN> BX F( G$ 3/ Any person aggrieved by the decision of the (£J y" G 7 q (£J( >IU Agency made in accordance with this Article =A\A 7d£ ND C (7. c may appeal within sixty days of receiving A+, BX AB( ;R%¡ Gg 9%Â written notification of the decision to the ;R%¡ 'BE](F 'yX ; Appeal Hearing Council established in accordance with this Proclamation. 4/ c AFN> FU7 AFN> 3 dF² ª`"! 4/ Notwithstanding the provision of sub-Article ;R%¡ %· A£'¡ !F NX ;R%¡ (3) of this Article, the Appeal Hearing Council Gg 9%( E7d£ ND ½ NXF may hear an appeal filed after the expiry of ;R%¡ A#bK G' ; sixty days if the appellant has justifiable cause for having filed a late appeal.
gA 2/0Ã4 Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11082 2. IJKL BXK A(. 10. Fundamental Change of Circumstances 1/ c A+, AFN> v (1)() BAEb 1/ Where the fundamental changes referred to in BXK A(À c A+, BGX Article 9 (1)(e) of this Proclamation are 7 ¡ E(yD %=( G( ;! GL considered to have taken place in a country of R A=" ;! Nd B q B` nationality or former place of habitual residence of a person or persons recognized as ÆK BEGb EKB F( E% refugees under this Proclamation, the Agency, BFRK 7 8 EUq igk" " working in collaboration and coordination B%" AI R%" AM\! % with the United Nations High Commissioner gT,F · -"5 BX for Refugees and subject to such other special 'dXR EF I! BB 7 ¡ procedures as may be established for this E(yD AB7$ !F YZ IJKL F purpose, shall initiate an assessment and ER! (7. '7=% EG( A(. verification of the nature and durability of the $%;D ¦;K( ; !"B D ' changes having regard to the circumstances EF Çd " which justified the grant of refugee status. 2/ EI !"B D ' ½ F( 2/ Following such assessment and verification, E% BFRK 7 8 EUq the Agency shall, in collaboration with the igk" " B%" AG(( ;! United Nations High Commissioner for A¤dZ A% G$( 7 ¡ E(yD Refugees, make a decision as to whether or N g XR BYZF ;! AABYZF not the refugee status of the person or group of persons concerned shall be declared to have BAE (£J ;G ceased. 3/ c AFN> FU7 AFN> 2 BX gG. 3/ The decision made pursuant to Sub-Article (2) (£J 7 ¡ E¾yD N Y 7 q of this Article shall also set out the ;! 7 8È ; 7Ag7EA( (É consequences and implications for the refugee EF I! EF:FO 7 q ;R%¡ 'yX or refugees affected by the cessation of refugee status, including the right of individual B EF:A( BRA> AA refugees to appeal against the decision. 2/. =© 7 ABBA7 11. Non-Forceful Repatriation 1/ 'Fq(! G( I EF:;=% 1/ No person shall be refused entry in to Ethiopia BEEP ;! EI A¦ EF or expelled or returned from Ethiopia to any ;! B EF BA7 B X9 other country or be subject to any similar ;! 'DQ(! E"! !F- 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: ¥) TFo ¸;'`bFo RbFo AFd a) he may be subject to persecution on 'c ¤dF A%bF ;! ¹A} account of his race, religion, nationality, E!bF !F 'dXR '£ do membership of a particular social group or BGz ;! BF= K g "7 political opinion: or A="[ ;! A) ( X o Rh Bo ( A=h b) his life, physical integrity or liberty would ;! A=bF % "5 ;! \.K be threatened on account of external E» ;! ¼P ¼P E%d IJK aggression, occupation, foreign domination gD IJK c;bo APo 7ED( or events seriously disturbing public order ;! b A ; gdy A="o in part or whole of the country.
gA 2/0à Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11083 EF BA7 ;! ( EF ¦; g7=d ( EY I EF:;=% A;EAE![ ;! EI A¦ EF ;! B EF BA7 A; XR! 2/ AA=" cF A7C ABYZ A£'¡ 2/ The benefit of Sub-Article (1) of this Article !F_ =W EY ;! E%d F may not, however, be claimed by a person Mf U"d # B¢Xp (£J BGX whom there are serious reasons for regarding A«XG¤ A =q ( .^q %A as a danger to the national security, or who 'Fq(! G( c AFN> FU7 AFNf 1 having been convicted by a final judgment of a particularly serious crime, constitutes a dF² $zg A;YF! danger to the community. 3/ F( ;cF A+,D ¬ F 3/ The Agency shall, in line with this BX 'dXR AFd G( AA=" cF Proclamation and other laws, ensure whether A7C ABYZ E%d !F_ B` Q(F serious grounds exist for regarding a person as XR a danger to national security. 24. EA=" 7A'7 12. Expulsion 1/ V \.K ;! ! 1/ A recognized refugee shall not be expelled !F Y 7N" E(yD = except on the grounds of national security or 7 q EA=" EF A; XR! public order. 2/ c AFN> BGX EA=" '7 2/ An order to expel, pursuant to this Article, Eh gG$( F( (F( shall be made by the Agency. Such an order EhÁF gG$( R 7"5 BED shall be reached in accordance with due 7 q( 9:· ; ! ËF Ay"Æ process of law allowing the concerned refugee to present his case. EF 7X: BUNd ;YD 3/ 'Fq(! EA=" '7 Eh 3/ Any expulsion order shall be communicated E!Fb A7 q( fIU EF "G( in writing to the refugee along with the ; X reasons for the order. 4/ EA=" EF KTT 7 q .³ N" 4/ The execution of any expulsion order may, if '7b Eh 7 q( A=" the concerned refugee requests, be delayed for AB`" EF MNdA A'BE a reasonable period to enable such refugee to EF 7 A( & AY C T=; ; seek legal admission to another country. 2. AC( E7" 7A'¦ 13. Temporary Detention c A+, AFN> 04 BX EA=" EF A refugee whose expulsion has been ordered KTT 7 q EA=" E7 dX7 '7 under Article 12 of this Proclamation may be EhÁF A'7Mr! A7M C EY ;! temporarily arrested or detained pending his a=bF cF A'7$y ;! ¤F expulsion upon the order of the Agency, if such detention is necessary for purposes of executing G ! A'7E" F( gG$( Eh the expulsion order or to ensure that he does not BGX AC( KG" ;! 'X» endanger the national security or public order of EF ¦; XR ; Ethiopia.
gA 2/0Ãu Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11084 2u. #G AFd 14. Unity of the Family 1/ c A+, ==( BX .=¡ 1/ A family member of an asylum-seeker, as $&( #G A% .=¡ .³( provided for in this Proclamation, shall be 9:; (£J E7=¡ dX7 I (7. permitted to enter and remain in Ethiopia until ABR%D AB¦ ;MNdAK his case is finally decided. 2/ E(yD = 7 q #G A% Y G( 2/ A family member of a recognized refugee, as c A+, BX I BR%D provided for in this Proclamation, shall be B¦ ;MNdAK permitted to enter and remain in Ethiopia. 3/ .=¡ $&( ;! E(yD = 3/ A family member of an asylum-seeker or 7 q( #G A% I (7. recognized refugee in Ethiopia shall be %P C .=¡ $&( ;! E(yD entitled to all the rights and be subject to the duties of the refugee or asylum-seeker. = 7 q( A( B $zg ED AR´KLÈ! =Ì DQ( 4/ ;c AFN> .=¡ $& ;! E(yD 4/ Nothing in this Article prevents a family = 7 q #G A% I (7. member of a recognized refugee or asylum- %A C c A+, BX 7 ¡ seeker in Ethiopia from himself applying for a refugee status. E(yD EF G$( 'BE] E'yX A;EAA(! 5/ I (7. A #G A% " AFd 5/ The Agency shall facilitate reunification when ; BYF .³ .=¡ $& ;! requests are made by recognized refugees or asylum-seekers to reunify with their family E(yD %= 7 q gN" C members within Ethiopia. F( #G¤ A% AFd ; EF YZ IJKL F B]] U Ä7 PART THREE 7 ¡ IJK A£GF -"5 Procedures for Determination of Refugee Status 2@. 7 ¡ E(yD EF G. 7AgN" 15. Application for Recognition of Refugee 'BE] Status 1/ c A+, AFN> ~/ BAE( 1/ Without prejudice to Article 21 of this EF $N Y` dF" ; Y` ;! Proclamation, any person who is at the frontier 'Fq(! BRª " ! Y or any other entry point or within Ethiopia, %Y IJK I =% ED I whether he has entered the country lawfully or (7. c A+, BX 7 ¡ AB¦ otherwise, and who wishes to remain within MA= 'Fq(! G( G £ ND (7. the country as a refugee in terms of this Ay ª( Ag=¡ F( >cM # Proclamation, shall within thirty days, apply to ;! y"F)U ;! ¹7 ª the nearest Agency office or branch office; or 'BE](F 'yX AA police station. 2/ F( ABÈ .³ BGX 2/ The Agency may, up on the request of the 'BE]( TR;_ NX( A£'¡ Y applicant, accept applications made after the !F BYZF X=$ c AFN> FU7 expiry of the period stated under sub-Article (1) of this Article if the late application is due AFN> (1) $NG( C AM ½ to justifiable reasons. EF BA MydA ;
gA 2/0Ã@ Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11085 3/ c AFN> BX 'BE] NA 3/ The police station receiving the application in ¹7 ª 'BE](F (Z accordance with this Article shall, as soon as AF( '7 AU AA possible forward the application to the Agency. 4/ EAy! ; Y !F 'BE](F 4/ The Agency may permit a person to submit A 'yX ]A .=¡ $& his application for refugee status through G( A'¡ EF N" F( another person if he is unable to submit his MydA ; own application due to circumstances beyond his control. 5/ #G A% R Q( 'BE] 'yX 5/ An application for refugee status made in MA9 7N" c AFN> FU7 AFN> accordance with Sub-Article (1) of this Article (1) BGX 7 ¡ E(yD EF G. is deemed to have been made on behalf of all NX 'BE] IP! ABÈ #G members of the family of the applicant except A% EF X= ;¦$ E , ;! where individual members of the family choose to submit behalf separate application. EA£: A AAA B$F XG , An unaccompanied or separated child may, m ;! A£:( A'; 7 ¡ individually, or through his guardian, lodge an E(yD EF G$( 'BE] N" application for refugee status. ; 6/ ABÈ F( gT(F yf 6/ The applicant shall complete the relevant B¼ G$( BRA) E( BYZF forms issued by the Agency and vouch for the 'X=. AA truth of the statement therein. 7/ 'Fq(! .=¡ $& 7 ¡ E(yD 7/ The Agency may discontinue the processing EF G$( 'BE] NX ½ of application for refugee status if the asylum- 'Fq(! C ® bF E F( seeker withdraws or abandons his application. 'BE](F ' ® bF " 8/ 7 ¡ E(yD A'R %BAE ;! 8/ No criminal charge shall be commenced or 'BE ; g=¡ G( ; A=" (7. continued or penalties be imposed against a BR%b ;! A=" (7. B=b person who has applied for refugee status or is !F F 7 A;N"!oA;N.! about to apply pursuant to this Proclamation on account of his illegal entry and presence in ;! y A;! the country. 2x. F( 7AgG. (£J 16. Decision by the Agency 1/ F( c A+, AFN> 0@ BGX 1/ The Agency shall examine and decide on the gN" 'BE]F B"!S c A+, application presented to it in accordance with AFN> @ ;! x ==( B7M" Article 15 of this Proclamation within six Bs bF XR. 'BE](F months period of time of registering the EBT= NF !S 7d7 C application after verifying that the criteria provided under Article 5 or 6 of this (7. AABÈ 7 ¡ E(yD (£J Proclamation are fulfilled. ;G
2/ F( NXAF 'BE] ABGF 2/ In deciding asylum applications, the Agency gBX!" yº shall: gA 2/0Ãx Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11086 ¥) A7M C( BX A;! 7AE(yD a) ensure that the applicant is provided with AG. -"5 ED 7 8 D relevant information, in a language he .=¡ $&L B_ D R´KL understands, in particular relating to the BAE AABÈ g=%( F procedures for refugee status determination G$( BYZFo and rights and obligations of refugees and asylum-seekers; A) ABÈ 9:·F Ay"Æ A'7X: & b) ensure that the applicant is given reasonable C G$( BYZFo time to present his case; ) 9:· gG' C 'BE] c) ensure the presence of a qualified interpreter during all the stages of the Ay ª(F °K !") R! (7. hearing giving due regard to the applicant’s '7=% - Y A7"eg BB ¤Fo preference to have an interpreter of a particular sex; B) 'BE]( gBXB" y d) ensure that the personnel conducting the V ED 5A! AN^ 7 8 refugee status determination interview has 9:; ¬ ; A7M C( E(N A(o adequate knowledge of Ethiopian and .=¡ $&L F · IJKL R! international refugee laws; is competent to take into account the particular (7. '7=% g D E'BE] circumstances of asylum-seekers; and is Ay ª( °K !") " gÇd - selected having due regard to the %A¼ BB ¤Fo applicant’s preference to be interviewed by a member of a particular sex; ) AAA B$F XG , 7 ¡ e) take into primary consideration the best E(yD 'BE] gBX!" ED interests of the child when examining and g7F C N:g F making decision on the application of a minor for refugee status. B! A7: R ED .y! BE" K£ª B X9Fo X) % BFRK 7 8 EUq f) invite the United Nations High igk" Khª EF =¡ BÁFo Commissioner for Refugees to participate as an observer. 'X=. AA 3/ F( 7 ¡ 'BE] ; 3/ The Agency shall cause the person concerned gG$(F (£J E7E!Fb AABÈ to be notified of its decision and the reason >ÍU '£y AA thereof in writing;
4/ F( G$( (£J y" G AB 4/ Any asylum-seeker who is aggrieved by the (£J(F G' 7d£ ND C (7. c decision of the Agency may, within sixty days A+, BX AB( ;R%¡ Gg 9% of being notified of such a decision, appeal in ;R%¡ 'BE](F >IU 'yX writing to the Appeal Hearing Council established in accordance with this ; Proclamation. 5/ c AFN> FU7 AFN> (4) dF² ª`"! 5/ Notwithstanding the provision of sub-Article ;R%¡ %· A£'¡ !F NX ;R%¡ (4) of this Article, the Appeal Hearing Council Gg 9%( E7d£ ND ½ NXF may hear an appeal filed after the sixty days if ;R%¡ A#bK G' ; the appellant has justifiable cause for having filed a late appeal. gA 2/0à Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11087 2. ;R%¡ Gg 9% 7AB! 17. Establishment of the Appeal Hearing Council F( E7 ¡ E(yD " T An Appeal Hearing Council (herein after gG$( (£J ; gN"F yÎK referred to as the “Council”) that reviews the gBAE ;R%¡ Gg 9% (Ec ½ decision of the Agency in relation to recognition ‘’9%’’ E%A g$ ) c A+, of refugee is hereby established under this Proclamation. -s 2|. 9%Â( A% 18. Members of the Council 1/ 9%Â( gEP A% ;`Kº 1/ The Council shall have the following members: ¥) F( ; …………………G£ª a) The representative of the Agency... .....................................................Chairman A) ( 9:; g7 " ;……….A% b) The representative of the Ministry of Foreign Affairs...............................Member ) $y ; Az# R ; c) The representative of the Federal Attorney …………………………………..……....A% General……................................ Member B) ¹7 igkF ;….A% d) The representative of the Federal Police Commission….............................. Member ) IgRÎkFoRD £¡ Ñ_ F e) The representative of Immigration, ;.............................................A% Nationality and Vital Events Agency .....................…………………......Member 2/ % BFRK 7 8 EUq 2/ The United Nations High Commissioner for igk" Khª EF £U F( Refugees shall be invited by the Agency to ;h participate as an observer.
3/ F( A9%Â( \» ;Bd% 3/ The Agency shall appoint a secretary for the Council. 4/ F( 9%Â( A% a= ED 5A! 4/ The Agency shall facilitate, for members of AN^ 7 8 9:; ¬ EF I! the Council, to acquire the necessary 7 q E(yD AG. (£J B"YL o knowledge and skills related to the relevant National and International refugee laws, and B7M"_ D -"5_ ; & E(ND applicable principles, standards and c EF ` Q( IJKL F B]] procedures of refugee status determination. 2v. 9%Â( 7FD R%" 19. Powers and Functions of the Council 1/ 9%( c A+, BGX gN"AF 1/ The Council shall within ninety days decide ;R%¡ B"!S T$D ND C (7. on appeals submitted to it in accordance with (£J ;G this Proclamation. 2/ 9%Â( NXAF A#bK B"!S (£J 2/ In the exercise of its function, the Council EB7$b »º shall: ¥) A#bK Ay ª( 9:·F Ay"Æ a) ensure that every appellant is given A'7X: & C G$( BYZFo reasonable time to present his case; gA 2/0Ã| Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11088 A) 9:· gG' C A#bK Ay ª(F b) ensure the presence of a qualified °K !") R! (7. '7=% - interpreter during all stages of the hearing A7"eg BB ¤Fo having due regard to the applicant’s preference to have an interpreter of a particular sex; ) E , ;! EA£: A AAA c) take into primary consideration the best B$F XG , 9:; ;R%¡ interests of the child when reviewing the gK; C N:g F appeal petition of minors. B! A7: R ED .y! BE" K£ª B X9Fo 'X=. AA 3/ 9%Â( NXAF ;R%¡ A#bK B"!S 3/ The Council may after examining an appeal F(F (£J A'>Do A'ppo confirm, vary or reverse the decision of the ABA. ;! ABp" ; Agency. 4/ 9%Â( gG$(F (£J E!Fb 4/ The Council shall notify the appellant of its AA#bK Ay ª( >ÍU EF (y decision, and the reason thereof, in writing. " 5/ 9%Â( (£J B¢Xp ;YD[ Y`! 5/ The decision of the Council shall be final; 9%Â( G$( (£J R 7c AA( provided, however, that any party claiming g!F =F (£J( >IU XG( error of law may appeal to the Federal G £ ND (7. ;R%WF A $y ; Supreme Court within 30 days from the date of receipt of the written decision of the U"d # 'yX ; Council. 6/ 9%Â( mF 7G% -"5 g7F 6/ The Council shall issue its own rules of (7$ F procedure.
~. 7ABhRD zA 9%ÂL A 20. Records and Minutes 7 ¡ E(yDF A'R NX The records and minutes of meetings in relation 'BE]F gBAEb BhR ED zA to application for refugee status shall be kept in a 9%ÂL ABÈF .zD cF AA confidential and secure manner so that the safety EF:n Y( g7."D A7''¡ and security of an asylum-seeker may not be in danger. IJK B$y AA%Q( ~/. ¤dF 7 ¡ E(yD 7AB7$ 21. Declaration of Class of Persons as Refugees 1/ F( c A+, AFN> @ ==(F 1/ The Agency may declare any group of B7M" gsP AFd GL ¤dF persons that meet the criteria set out in Article 7 8 DQ( ABGF ; 5 of this Proclamation as refugees. 2/ c AFN> BX ¤dF 7 ¡ 2/ When recognizing a group of asylum-seekers E(yD G. F( E% as refugees in accordance with this Article, the BFRK 7 8 EUq igk" " Agency shall, in consultation with United BBE" (£J( ; ABdX7 !F Nations High Commissioner for Refugees, issue a detailed Directive containing a YZ .=¡ $&LÈ R A=" ;! description of the events in the country of B q B` U M$ 7_ Fo origin or former habitual residence of the (£J( $zg ABYF g- gA 2/0Ãv Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11089 B7M"_ F EF I! (£J( Mg asylum-seekers underlying the decision, the gYFF C BRA> "" BB characteristics of the group of beneficiaries to whom the decision applies and the applicable date of the decision. 3/ c AFN> FU7 AFN> (2) ==( 3/ Notwithstanding the provission of sub-Article ª`"! F( (£J( Mg EgYF (2) of this Article, the Agency may decide to C = » ER ;! EB q give group refugee status benefit for those B` A= Q( AN- .=¡ $&L who left their country of origin or former habitual residence prior to the applicable date ¤dF 7 ¡ E(yD (£J( $zg of the decision. EF YZ "R ; 4/ F( c AFN> BX ¤dF 4/ The Agency shall issue a Directive 7 ¡ E(yD AB7$ !F YZ terminating the group refugee recognition 7_ N ;! An BYZFD procedure when determining, giving due consideration to country of origin information ¢% 7 BYDQ( IJK 'zbF and in consultation with United Nations High .=¡ $&LÈ Bp A=" BAE Commissioner for Refugees, that the =(F BX R! (7. '7=%D circumstances which led to the group refugee E% BFRK 7 8 EUq recognition has ceased to exist. igk" " BBE" XR. ¤dF 7 ¡ E(yD (£J B7$ ® b 'zbF BRA> BB
U A PART FOUR .=¡ $&L ED E(yD =W Rights and Obligations of Asylum-seekers 7 8 B_ D R´KL and Recognized Refugees ~4. A$z ; B_ D R´KL 22. General Rights and Obligations 'Fq(! .=¡ $& ED E(yD = Every recognized refugee and asylum-seeker: 7 qº 1/ 7 8 iFjFkFo AU AFd 1/ is entitled to the rights and be subjected to the d", 7 8 iFjFkF EF I! obligations contained in the Refugee AR% % Q( 5A! ANU Ò Convention, the OAU Refugee Convention =9 B_ $zg ;YD[ and applicable international laws; R´KL F E [ 2/ I (7. 7 ; %P 'DQ(! 2/ shall be subject to the laws and Provisions in ¬ D dF²L ;=h force in Ethiopia. ~. I (7. B¦ B 23. The Right to Stay in Ethiopia 1/ c A+, BX 7 ¡ E(yD 1/ Any person who has applied for recognition EF G$( BAE 'Fq(! G( of his status as a refugee pursuant to this F( 9:· ; (£J E7G. dX7o Proclamation shall be allowed to remain in ;! 'BE]( N%; £=¡ NX Ethiopia until the Agency determines his EF Y ;R%¡ Bb E7z dX7 application; or if his application is unsuccessful, until he exhausts his right of I (7. EF ¦; ;MNdAK appeal. gA 2/0w Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11090 2/ c A+, AFN> 0/ ==( 2/ Without prejudice to the provision of Article EF $N Y` ABÈ 7 ¡ 11 of this Proclamation, the person may be E(yD EF G$( NX(F 'BE] subject to removal from the country in Eo F( (£J ; ;R%¡ NX accordance with applicable immigration laws ;! ;R%¡ Gg 9%Â( ;R%¡ if he withdraws or abandons his application for refugee status or fails to submit an appeal A#bK(F NA( AR% % Q( against a negative decision of the Agency IgRÎkF ¬ BX EA=" EF within the appeal period, or his appeal against ; X the decision of the Agency is rejected by the Appeal Hearing Council. 3/ c AFN> FU7 AFN> (2) ==( 3/ Notwithstanding the provision of sub-Article ª`"! RAG¤ A=" BR% (2) of this Article, the person may be allowed EF & AY C I (7. to remain in Ethiopia for a reasonable period EF ¦; MNdA ; within which he may be able to seek legal admission to another country. 4/ 'Fq(! E(yD = 7 q c A+, 4/ Every recognized refugee has the right to dF²L BX I (7. B`" remain in Ethiopia in accordance with B AA( provisions of this Proclamation.
~u. !c" 7A'R 24. Access to Education 1/ 'Fq(! E(yD = 7 q ;! 1/ Every recognized refugee or asylum-seeker .=¡ $& ydB B qD BB shall receive the same treatment as accorded to X !c"F BAE I Ethiopian nationals with respect to access to ¬ F $zg ;YD pre-primary and primary education. 2/ 'Fq(! E(yD = 7 q ;! 2/ Every recognized refugee and asylum-seeker .=¡ $& A=b Ay! gMy ( may have access to secondary education; B$F ED A=b !c" ¹ BGX higher education; technical and vocation IAq X !c"o EUq !c"o education and training; and adult and non- D ¼ !c"D 7$Do formal education within available resources and subject to the education policy of ¬'Ä D B q Y !c" Ed Ethiopia. $zg YF ; 3/ E(yD =W 7 8 ED .=¡ $&L 3/ Recognized refugees and asylum-seekers may EBB X !c" ( YZ receive the most favourable treatment as !c" T"¶ (7. A;! !c" accorded to foreign nationals in respect to ko ( A=" !c" !7" education other than primary education, in XN_ o 'L ED RL F particular, as regards access to studies, the recognition of foreign school certificates, E(yD 'Ro !c" U 7Xh ED diplomas and degrees, the remission of fees !c" Ed F 'R BAE and charges and the award of scholar ships. AR% % Q( Ò BGX A( A=" Ò Eg X=( pA(F c $zg ;YDP ~@. ÉD ARR 7A'R 25. Access to Health Services 'Fq(! E(yD = 7 qD .=¡ $& Every recognized refugee and asylum seeker I (7. gG. ÉD A=R shall have access to available health services in $zg ;YD Ethiopia. gA 2/0w/ Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11091 ~x. B7 B 26. The Right to Work 1/ E(yD =W 7 8 ED .=¡ $&L 1/ Recognized refugees and asylum-seekers shall have the right to engage in wage earning y." 7 F BAE AR% % Q( employment in the same circumstance as the ¬ BX A( A=" ¬ EGn most favorable treatment accorded to foreign B_ pA(F c $zg ;YDP nationals pursuant to relevant laws. 2/ 'Fq(! E(yD = 7 q ED .=¡ 2/ Every recognized refugee and asylum-seeker $& AR% % Q( ¬ BX EF shall have the right to engage, individually or E"po IFO7o A7qD .zyFo in group, in agriculture, industry, small and E .%D FRd B£GP T"¶ (7. micro enterprise, handicrafts and commerce, in the same circumstance as the most R ;! ¤dF ABG' A( A=" favorable treatment accorded to foreign ¬ EGn B_ pA(F c nationals pursuant to relevant laws. $zg ;YD 3/ F G$( BFR7 A X=$ 3/ Every recognized refugee who has academic !c" '7X A( E(yD = 7 q credentials authenticated by the competent ¼( AB7 EMA= A(Ó A=" ¬ government authority, and who desires to MNO 7 B7i (7. A( A=" practice his profession, may be accorded the most favorable treatment as accorded to ¬ EGn B_ pA(F c foreign nationals in areas permitted to foreign $zg ; X nationals. 4/ I BFR7D 5A! ANU cXG 4/ Recognized refugees and asylum-seekers gN"ÔQ( 7 8 D I(FF engaged in rural and urban projects jointly g$y¼ EF A%ª .zo IFO7D designed by the Ethiopian government and the A7qD .zyF T"¶ B£GP =$"D international community to benefit refugees E' S_ ; gG E(yD =W and Ethiopian nationals, including in environmental protection, industry and small 7 8 D .=¡ $&L AX+Q( and micro enterprises, shall be given equal EgG I ¬ " B££; treatment as accorded to Ethiopian nationals A ; X engaged in the same projects.
5/ c AFN> FU7 AFN> (4) ==( 5/ Without prejudice to the provisions of sub- EF $N Y` E"pD B7` BÎ Article (4) of this Article, the use of A$zN!F BAE a=b BÎ agricultural and irrigable lands shall be made A$zN! cR ED F 7!! in accordance with national land use laws, and in agreement with Regional States using a land BX 'dXR + gM\! Y` lease system, subject to payment of lease TBZ G% 5Bb gK 7 price, for a period renewable every seven ;YD years. 6/ F( c AFN> FU7 AFN> (4) ED 6/ The Agency may issue a residence permit, FU7 AFNf (5) BGX =A¨ S_ subject to renewal every five year, to any ; EF £U ABX$ E(yD = recognized refugee selected to engage in the projects indicated under sub-Articles (4) and 7 q A!7 5Bb gK 7 B` (5) of this Article. Mzd G. ; 7/ 7 ; G' E(yD =W 7 8 7/ There shall not be any discrimination between ;! .=¡ $&L ED I recognized refugees or asylum-seekers and ¬ BE BdO A; XR! Ethiopian nationals who are engaged in activities stipulated under this Article. gA 2/0w4 Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11092 8/ AR% Q( B_ ED R´KL F 8/ Recognized refugees and asylum-seekers who g R9 A=b Ò 7 ; gG' are engaged in activities stipulated under this E(yD =W 7 8 D .=¡ $&L Article shall be entitled to the rights conferred ; Mg ;YDP and be subjected to the obligations imposed by applicable national laws. 9/ AR% % Q( ¬ A=" (7. 7 9/ Restrictive measures imposed, by applicable =F ABE E ( A=" ¬ ; laws, on employment of foreign nationals for y." 7 BF A7B_ P the protection of the national labor market E L EI " ] M\B shall not be applicable to recognized refugee ;! AFdD EAFd ; I R or asylum seeker who is married to Ethiopian national or has one or more child in possession T , A( E(yD = 7 q ;! of Ethiopian nationality. .=¡ $& ; Mg A;` Q(! 0/ c AFN> ==( ª`"! 'Fq(! 10/ Notwithstanding to the provisions of this E(yD = 7 q ;! .=¡ $& Article, any recognized refugee or asylum- 'Fq(! ¥=" BE Eo ¥=" ÖFo seeker shall have no right to be employed in the National Defense, Security, Foreign ;! ( 9:;D BG ¹A} Affairs and other similar political BFR7 B7 #_ N.S B7 establishments. B A(!
~. B B 27. Right to Association E¹A} YZ ED A"U %¼ Recognized refugees and asylum-seekers have '« EF I! q '« the right to association, as regards non-political B BF A7B_ A( A=" and non-profit making associations and trade ¬ EGn B_ pA(F c E(yD unions in the same circumstances as the most favorable treatment accorded to foreign nationals =W 7 8 D .=¡ $&L $zg pursuant to relevant laws. ;YDP ~|. BT+" 28. Freedom of Movement 1/ 'Fq(! E(yD = 7 q ;! 1/ Subject to laws applicable to foreign nationals .=¡ $& A(Ó A=" ¬ A$z ; generally in the same circumstances, every B££; IJK Mg gYZ ¬ F recognized refugee or asylum-seeker has, R% 'dXR BX$( A=× A%ª within the national territory, the right to liberty of movement and freedom to choose his BT+"D B` ÆK BB7X residence, as well the freedom to leave the EF I! MA=( C EA=" B( country at any time he wishes too. AA( 2/ c AFN> FU7 AFN> (1) dF² ª`"! 2/ Notwithstanding to the provisions of Sub- F( 7 8 D .=¡ $&L Article (1) of this Article, the Agency may g`%Q(F ÆKL D A%ªL B] arrange places or areas within which refugee ; gB]Q( B` ÆK and asylum-seekers may live. The arranged residence place shall be located at a reasonable 7 8 D .=¡ $&L EBn distance from the border of the country of R ;! Nd B q B` A=" origin or former habitual residence of the =ª( "N EF `X( 'dXR BYF recognized refugees and asylum-seekers. AA gA 2/0w Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11093 3/ F( 7 8 D .=¡ $&L EÆK 3/ The Agency may facilitate enabling ÆK BT+" BKQ(F EF $N¼ conditions for recognized refugees and A'7] IJKL F B] ; asylum-seekers to use their right of movement. ~v. FX 'U D '7 AU B 29. Right to Acquisition and Transfer of Property 1/ E¾yD = 7 q ;! .=¡ $& 1/ Recognized refugees and asylum seekers shall gFN£N7 ;! ';FN£N7 FXF be entitled to the most favorable treatment %A# B ED Ec " Á accorded to foreign nationals as regards B_ F EF I! EFX " acquisition of movable or immovable property, to leases and other contracts relating T ;D ( " to the property. ghBO B_ F gBAE A( A=" Ò EGn B_ E,R pA(F c .z ; XRAK 2/ E¾yD =W 7 8 ED .=¡ 2/ Recognized refugees and asylum-seekers shall $&L AR% % Q( ¬ =9 be treated in the same circumstance as AE!S5 FX_ 'A! ØFo Ethiopian nationals as regards intellectual yÙD h', B_ o FRd !o property rights including patent, copy right and neighboring rights, trademarks, industrial IFO7 FdUD B£GP B_ F designs, and other similar rights contained in BAE I g=(F other applicable laws. B c B££; =qP
3/ .=¡ $&L AR% % Q( 9! 3/ Without prejudice to provisions of applicable ¬ BGX A=" (7. EF:;=¤ Customs laws regarding prohibited and restricted imports, asylum seekers shall be EAEP ;! = A%Q( EzL F allowed to bring their assets and property to BAE NBn dF²L EF $- Ethiopia free of tariff at the time of their first Y( A=" (7. ABB C =¤ admission to Ethiopia. ;T( gBnF aD FX ANX. EF 7=¤ ;MNd Q+ 4/ AR% % Q( ¬ BGX EA=" 4/ Without prejudice to provisions of applicable EF:;n EAEP ;! = laws regarding prohibited and restricted A%Q( EzL F BAE NBn exports, recognized refugees or asylum- dF²L EF $- Y( E(yD =W seekers, when leaving Ethiopia to their country of origin or third country, shall be 7 8 ;! .=¡ $&L allowed to take assets or property they brought Bn A=" BAm ;! Ä7q to Ethiopia or have acquired in Ethiopia. A=" gn C I ;T( Bn ;! I (7. MF aD FX ;T( EF n ;MNd Q+ {. U 'R B 30. Right to Access to Justice 1/ 'Fq(! E(yD = 7 q ED .=¡ 1/ Every recognized refugee and asylum-seeker $& E¬ EÑ U"d GF g=%(F shall have the same right as nationals as regard 9:; AU"d # ;! A R :¡ to bringing any justiciable matter to, and to obtain a decision or judgment by, the court or F AG$( A 'yXD (£J any other competent body with judicial power. ;! U"d 'R B AA( gA 2/0wu Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11094 2/ 'Fq(! E(yD = 7 q ;! 2/ Every recognized refugee or asylum-seeker .=¡ $& I R BX may have access to legal counselling or gGn R !"D dU A=R_ F assistance provided in accordance with the =¡ ; laws of Ethiopia. {/. AkE" z 'X=) Mzd 31. Driver’s Qualification Certification License 1/ AR% % Q( ¬ NBn 1/ Subject to fulfilling the requirements dF²L g$;Q(F B7M"_ stipulated in provisions of applicable laws, 's I BFR N%; every recognized refugee or asylum-seeker in A( ( A=" ;! 5A! ANU possession of a valid foreign or international AkE" z 'X=) Mzd T driving license recognized by the Government of Ethiopia may apply for and be issued with 'Fq(! E(yD = 7 q ;! an equivalent driver’s qualification .=¡ $& I B¡ !d certification license in Ethiopia. AkE" z 'X=) Mzd EF G$( BAD G$( ;
2/ c AFN> FU7 AFN> (1) BX 2/ To assist in obtaining an equivalent driver’s ( A=" ;! 5A! ANU AkE" qualification certification license pursuant to z 'X=) Mzd T E(yD = Sub-Article (1) of this Article, the recognized 7 q ;! .=¡ $& I refugee or asylum-seeker may be exempted B¡ !d AkE" z 'X=) from requirements applicable to persons holding valid foreign or international driving Mzd 'R EF AB": license pursuant to relevant laws provided that A7M C(F AkE" z 'X=) the refugee is willing to take the necessary MD AB(Gd Mz q Y` E= AR% qualification tests, as may be required. % Q( ¬ NBn B7M"_ mA ; P 3/ 'Fq(! E(yD = 7 q ;! 3/ every recognized refugee or asylum-seeker .=¡ $& AR% % Q( Ò has the right to apply to acquire an Ethiopian NBn BM"_ F 's driver’s qualification license using his refugee F( gG. 'FbF g=> identification documents issued by the Agency subject to fulfilling the necessary requirements BK& Gd B$N! I stipulated under relevant provisions of AkE" z 'X=) Mzd A'R applicable laws. 'BE ED M C(F BBTq s AkE" z 'X=) Mzd 'R B AA( {4. BK& XN ED 9Ú Gd 32. Identity Paper and Travel Document 1/ 'Fq(! E(yD = 7 q ;! 1/ Every recognized refugee or asylum-seeker .=¡ $& 'FbF g=> BK& shall be issued with identity paper attesting to his identity. XN ;G$+ 2/ 'Fq(! E(yD = 7 q ;! 2/ Every recognized refugee or asylum-seeker .=¡ $& EI ( 9Ú A'dXR shall be entitled to a travel document for the AF( >ÍU 'BE 9Ú Gd purpose of travel outside Ethiopia up on 'R ; written application to the Agency. gA 2/0w@ Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11095 3/ E(yD =W 7 8 ;! .=¡ 3/ The preparation, validity and issuance of $&L 9Ú Gd R,o \F_ refugee travel documents as well as other g¦; C ED AG. EF I! relevant details thereto of recognized refugees $zg "S AR% % Q( and asylum- seekers shall be determined in IgRÎkF ¬ D 5A! ANU 7!!_ accordance with applicable immigration laws as well as international instruments. ; BAE( BX ;GD {. %F ED ^;DF7 A=R 7A'R 33. Access to Banking and Financial Services 'Fq(! E(yD = 7 q ;! .=¡ Every recognized refugee or asylum-seeker has $& F( G$(F BK& Gd the right to open a personal bank account, B$N! %F Û£ " BMo deposit, transfer or withdraw money and obtain =FT '7NB.o '(o AR% % Q( other banking services in accordance with relevant Ethiopian financial laws using a=b ^;DF7 c¬ BX '7 AUD identification document issued by the Agency. B£GP %F A=R_ F 'R B AA(
{u. ig·ÜkF A=R 7A'R 34. Access to Telecommunication Services 'Fq(! E(yD = 7 q ;! .=¡ Every recognized refugee or asylum-seeker has $& F( G$(F BK& Gd the right to access telecommunication services B$N! ig·ÜkF A=R 'R using the identification document issued by the B AA( Agency. {@. kF 7A'R 35. Rationing Ay"Æ E.X !F kF B Where a rationing system exists, which regulates !"_ A'cXG¤ gE^MP y the general distribution of products in short E(yD =W 7 8 ED .=¡ $&L supply, recognized refugees and asylum-seekers EI ¬ " B££; IJK $zg shall be accorded the same treatment as ;YDP nationals. {x. £¡ Ñ_ !=% 36. Vital Events Registration 'Fq(! 7 q ;! .=¡ $& AR% Every refugee or asylum-seeker shall be treated Q( £¡ Ñ_ F BAE n ¬ in the same circumstances as nationals with BGX £¡ Ñ !=%D 'X=) !7" respect to the registration and issuance of XN A=R E¬ EÑ 'R certificate of registration of vital events, in accordance with applicable laws. B AA( {. UL 37. Fiscal Charges 1/ 'Fq(! 5; NX.o U ;! R"F 1/ Recognized refugees and asylum-seekers shall BAE B££; IJK P I not be subject to imposition of any duty, ¬ ; EgA( B$F ; E(yD %=W charge or tax, of any description what so ever, 7 8 ;! .=¡ $&L ; higher than imposed on nationals in the same circumstances. A;! gA 2/0wx Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11096 2/ c AFN> FU7 AFN> (1) " 2/ Without prejudice to the provision of sub- ==( ª`"! F( BM Ay! Article (1) of this Article, the Agency may A Q( E(yD =W 7 8 ;! provide, to recognized refugees and asylum- .=¡ $&L BK& XNo 9Ú seekers who are unable to pay the prescribed Gdo B() ÝhD B£GP A=R_ fee, with identity documents, travel documents, exit visas and similar services free A U EF =W "R ; of charge. {|. A.z AYZ GL 7Ag XR · 38. Special Protection to Persons who are .z vulnerable F(- The Agency shall ensure that: 1/ E(yD =W 7 8 ED .=¡ $& 1/ recognized refugee and asylum-seeker women _ AR% % Q( ¬ =9 shall enjoy the rights and protections B_ D .zL F A;! °KF BGX enshrined under relevant laws in particular, X= .z .z 'RKQ(Fo specific measures are taken to protect them from gender based violence.
2/ E(yD =W 7 8 ED .=¡ $& 2/ recognized refugee and asylum-seeker cµD AR% % Q( ¬ =9 children shall enjoy the rights and protections B_ D .zL F A;! E.zo enshrined under relevant laws in particular; EEFRo EhD E=. ((" .z specific measures are taken to protect them from abuse, neglect, exploitation and 'RKQ(Fo trafficking. 3/ · .zD EF# Ag7MQ( 3/ special protection and assistance to other A.z AAn E(yD =W refugees and asylum-seekers with specific 7 8 ED .=¡ $&L needs is provided commensurate with their U ¬_]Q(F BGX X= E=h B X9Fo needs. XR {v. E(yD =W 7 8 D .=¡ $&L 39. Obligations of Recognized Refugees and R´KL Asylum-seekers 1/ 'Fq(! E(yD = 7 q ED .=¡ 1/ Every recognized refugee and asylum-seeker $& EF( " B%"o F( shall cooperate with the Agency, provide $y A7M C(F BX B7$D relevant information in respect to their I (7. ; P 'DQ(F! application for refugee status to the Agency when requested and respect the laws in force ¬ F '" R´K AA within Ethiopia. 2/ 'Fq(! E(yD = 7 q ED .=¡ 2/ Every recognized refugee and asylum-seeker $& g`"F A%ª %c '" ED shall respect the cultures of the people and EA%ª( B! All"D refrain from practices repugnant to public morality. z EYZ R% B¦$ R´K AA 3/ 'Fq(! E(yD = 7 q ED .=¡ 3/ Every recognized refugee and asylum-seeker $& A%ª(F BF%E ¸ » AA shall have the duty to protect the environment. gA 2/0w Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11097 Þ. Mz ¡ A=" 7ABBA7 40. Voluntary Repatriation 1/ 'Fq(! 7 q m D BX ; 1/ Every recognized refugee has the right to a BGX Mzd R A= ;! free and informed choice to seek to repatriate, Nd B q B` ÆK( cFbD in safety and with dignity, to his country of $¦A BBA7 B AA( nationality or former habitual residence. 2/ F( A= Q( ABBA7 A$- 2/ The Agency shall, in collaboration with the 7 8 E7 8È Bp A="o E% country of origin, the United Nations High BFR7K 7 8 EUq igk"D Commissioner for Refugees and other A" d",_ " B%" partners, provide every possible assistance to g]A(F dU 'dXR Mz:Q(o facilitate the voluntary, safe and dignified return of refugees who request repatriation. cFKQ(D Q( $¦ A= Q( EF BAm B]]
Þ/. EA%ª( 'cXG " 7A'+ad 41. Local Integration AX,! C I (7. ` E(yD =W The Agency may, upon their request, as it is 7 8 D$! ;IF ¤dF .³ necessary facilitate local integration of N"¤ F( EF:7M Cb EA%ª( recognized individual refugee or groups of 'cXG " +c ( g`F IJK refugees who have lived in Ethiopia for a B]] protracted period. Þ4. R 7A'R 42. Naturalization RF gBAEb AR% Q( Every recognized refugee or asylum-seeker who I R R dF²L ; fulfills the necessary requirements provided in NBnF B7M"_ gs 'Fq(! the relevant provisions of the Ethiopian E(yD = 7 q ;! .=¡ $& Nationality Law relating to naturalization may apply to acquire Ethiopian Nationality by law. IF R R A'R 'BE ; U A!7 PART FIVE · · dF²L Miscellaneous Provisions Þ. E% BFRK 7 8 EUq 43. Cooperation with United Nations High igk" " 7Ag XR " Commissioner for Refugees I BFR7 % BFRK The Government of Ethiopia shall co-operate 7 8 EUq igk" 7 8 with the United Nations High Commissioner for iFjFkF AFN> {5 BGX ¸ »bF Refugees in the exercise of its functions in AB EF " " accordance with Article 35 of the Refugee Convention. Þu. g7." B$y 44. Confidentiality Principle ;cF A+, EF I! A+ BGX n Any person implementing this Proclamation, and FÆ F ED BBL F g7Mf! Regulations and Directives issued in accordance 'Fq(! G( 7 ( !F g=(F with this Proclamation shall have the obligation to safeguard the confidentiality of any E.=¡ $& ;! E7 q " T information he obtains, in the course of his work 'Fq(! BX g7." B$y R´K related to asylum-seekers or recognized gA 2/0w| Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11098 AA A;! E7 q( ;! E.=¡ refugees, in particular he shall not collect $&( A=" %AD ;! 7z; information from or disclose information to the Ad"G+ E%P A BX A;G7![ authorities of the country of origin of the BX! A£¶ A;G.! recognized refugee or asylum-seeker or any alleged actors of persecution. Þ@. Mg ';` Q( ¬ 45. Repealed and Inapplicable Laws 1/ 7 8 9:; A+, -." 419//0v1wx 1/ The Refugee Proclamation No. 409/2004 is c A+, kß hereby repealed by this Proclamation. 2/ ;cF A+, gzXF 'Fq(! R ;! 2/ No law or customary practice shall, in so far ': AG " c A+, àMZ 9: as it is inconsistent with this Proclamation, ; Mg A;`X(! have effect with respect to matters provided for in this Proclamation.
Þx. FD BB '( F 46. Power to Issue Regulations and Directives 1/ g7S !" # ;cFF A+, 7 ; 1/ The Council of Ministers may issue A'+ A7M C YZ FÆ F Regulations for the proper implementation of ; this Proclamation. 2/ F( ;cFF A+, ED c A+, 2/ The Agency may issue detailed Directives B7"_ gn FÆ F A'7M\! necessary for the implementation of this g7M9 "" BBL F Proclamation and Regulations issued under ; this Proclamation. Þ. A+ g\D C 47. Effective date ;c A+, K This Proclamation shall come into force on the E NF !S \D ;YD date of its Publication in the Federal Negarit Gazette. A 7 A% } ~ NF 402/ 5.! Done at Addis Ababa, on this 27th day of February, 2019. £cA"y T(´ SAHLE-WORK ZEWDE I PRESIDENT OF THE FEDERAL Î:F DEMOCRATIC REPUBLIC OF ETHIOPIA