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Federal Negarit Gazette: I I I I
Federal Negarit Gazette: I I I I
FEDERAL NEGARIT GAZETTE
OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA
'() Content
A+, -." /0/12/402/ 5.! Proclamation No. 1110/2019
7 8 9:; A+, …………………=> 2/0?@ Refugees Proclamation .................--Page 11,075
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
AF 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;
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 ¦$X( G([
(
0/ “E(yD = 7 q” 'A- 10/ "Recognized Refugee" means a person who:
¥) c A+, AFN> @ BX 7 ¡ a) has been recognized as a refugee in terms of
E(yD =o ;! Article 5 of this Proclamation; or
2/ "G(" 'A M.S G( ;! cR 13/ "Person" means a natural person or a
G( B G$( 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
$y B"YL D B7M"_ General Principles and Criteria
;c A+, T"o ¸;'`o Ro AFd This Proclamation shall be applied without
«XG U A%o ¹A} A7£G discrimination as to race, religion, Nationality,
;! B££; !F_ · membership of a particular social group,
£; XR Mg ;YD political opinion or other similar grounds.
A/ R A( EY To ¸;'`bo b) not having a nationality and being outside
AFd G ¤dF A% BYZ ;! the country of his former habitual
residence, he is unable, or owing to a well-
¹A} E!b !F E"R. ;!
founded fear of being persecuted for
¢% '£ d ;! A ;!
reasons of race, religion, membership of a
EFRD 7z; ; "7q
particular social group or political opinion,
B7 ENd B q B` he is unwilling to return to it; or
U
( A¦ G ED BBA7 ]A
;! MA= EF Yo ;!
gA 2/0?v Ød‰L U¶T Uz¤È qÜ_R {| } ~ qN 402/ ›.M Federal Negarit Gazette No. 38 27th February, 2019 …...page 11079
/ ( X
o Rh Bo ( c) owing to external aggression, occupation,
A=ho (d ;! R A=F foreign domination or events seriously
c% "5 E»! Y ¼P disturbing public order in either part or the
gD E%d 7 !F E(d whole of his country of origin or
;! ER A= ( .=¡ nationality, he is compelled to leave his
place of habitual residence in order to seek
AB$y B q B` U
(F
refuge in another place outside his country
ABNy = EF Y[
of origin or nationality.
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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 7AB¦$" 7. Exclusion from Refugee Status
c A+, AFN> @ ED x ==( ª`"! Notwithstanding the provisions of Article 5 and
'Fq(! G(- 6 of this Proclamation a person shall not be
considered as a refugee if there are serious
reasons for considering that:
1/ I NA]Q( 5A! ANU 1/ he has committed a crime against peace, a war
7!!_ (7. EF ==( G!D crime, or a crime against humanity, as defined
7ED ; F ;! À" F in the international instrument drawn up to
7ABM\¼[ make provision in respect of such crimes;
2/ 7 ¡ E(yD G$( 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%Â 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.
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¥)
m U¬ R A= gG. .z a) he has voluntarily re-availed himself of the
BÄ $zg Y EF Y[ protection of the country of his nationality;
A) RbF A._ X EY Mz ¡ b) having lost his nationality, he has
BÄ =[ voluntarily re-acquired it;
1/ c A+, AFN> v (1)() BAEb 1/ Where the fundamental changes referred to in
BXK A(À c A+, BGX Article 9 (1)(e) of this Proclamation are
7 ¡ E(yD %=( G( ;! GL considered to have taken place in a country of
R A=" ;! Nd B q B` nationality or former place of habitual
residence of a person or persons recognized as
ÆK BEGb EKB F( E%
refugees under this Proclamation, the Agency,
BFRK 7 8 EUq igk" "
working in collaboration and coordination
B%" AI R%" AM\! %
with the United Nations High Commissioner
gT,F · -"5 BX for Refugees and subject to such other special
'dXR EF
I! BB 7 ¡ procedures as may be established for this
E(yD AB7$ !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/.
2/. =© 7ABBA7 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.
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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 $zg A;YF!
danger to the community.
3/ F( ;cF A+,D ¬ F 3/ The Agency shall, in line with this
BX 'dXR AFd G( AA=" cF Proclamation and other laws, ensure whether
A7C ABYZ E%d !F_ B`
Q(F serious grounds exist for regarding a person as
XR a danger to national security.
24.
24. EA=" 7A'7 12. Expulsion
1/ V
\.K ;! ! 1/ A recognized refugee shall not be expelled
!F Y 7N" E(yD = except on the grounds of national security or
7 q EA=" EF
A; XR! public order.
2/ c AFN> BGX EA=" '7 2/ An order to expel, pursuant to this Article,
Eh gG$( F( (F( shall be made by the Agency. Such an order
EhÁF gG$( R 7"5 BED shall be reached in accordance with due
7 q( 9:· ; !ËF Ay"Æ process of law allowing the concerned refugee
to present his case.
EF
7X: BUNd ;YD
4/ EA=" EF
KTT 7 q .³ N" 4/ The execution of any expulsion order may, if
'7b Eh 7 q( A=" the concerned refugee requests, be delayed for
AB`" EF
MNdA A'BE a reasonable period to enable such refugee to
EF
7 A( & AY C T=; ; seek legal admission to another country.
2.
2. AC( E7" 7A'¦ 13. Temporary Detention
c A+, AFN> 04 BX EA=" EF
A refugee whose expulsion has been ordered
KTT 7 q EA=" E7 dX7 '7 under Article 12 of this Proclamation may be
EhÁF A'7Mr! A7MC EY ;! temporarily arrested or detained pending his
a=bF cF A'7$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.
2u. #G AFd 14. Unity of the Family
5/ I (7. A #G A% " AFd 5/ The Agency shall facilitate reunification when
; BYF .³ .=¡ $& ;! requests are made by recognized refugees or
asylum-seekers to reunify with their family
E(yD %= 7 q gN" C
members within Ethiopia.
F( #G¤ A% AFd ; EF
YZ
IJKL F B]]
2@.
2@. 7 ¡ E(yD EF
G. 7AgN" 15. Application for Recognition of Refugee
'BE] Status
2/ F( ABÈ .³ BGX 2/ The Agency may, up on the request of the
'BE]( TR;_ NX( A£'¡ Y applicant, accept applications made after the
!F BYZF X=$ 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 ;
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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( '7AU 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 .=¡ $& his application for refugee status through
G( A'¡ EF
N" F( another person if he is unable to submit his
MydA ; own application due to circumstances beyond
his control.
5/ #G A% RQ( 'BE] 'yX 5/ An application for refugee status made in
MA9 7N" c AFN> FU7 AFN> accordance with Sub-Article (1) of this Article
(1) BGX 7 ¡ E(yD EF
G. is deemed to have been made on behalf of all
NX 'BE] IP! ABÈ #G members of the family of the applicant except
A% EF X= ;¦$
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.
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
BsbF 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
¥) A7MC( 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$( BYZFo time to present his case;
3/ F( 7 ¡ 'BE] ; 3/ The Agency shall cause the person concerned
gG$(F (£J E7E!Fb AABÈ to be notified of its decision and the reason
>ÍU '£y AA thereof in writing;
4/ F( G$( (£J y" G AB 4/ Any asylum-seeker who is aggrieved by the
(£J(F G' 7d£ ND C (7. c decision of the Agency may, within sixty days
A+, BX AB( ;R%¡ Gg 9%Â of being notified of such a decision, appeal in
;R%¡ 'BE](F >IU 'yX writing to the Appeal Hearing Council
established in accordance with this
;
Proclamation.
5/ c AFN> FU7 AFN> (4) dF² ª`"! 5/ Notwithstanding the provision of sub-Article
;R%¡ %· A£'¡ !F NX ;R%¡ (4) of this Article, the Appeal Hearing Council
Gg 9%( E7d£ ND ½ NXF may hear an appeal filed after the sixty days if
;R%¡ A#bK G' ; the appellant has justifiable cause for having
filed a late appeal.
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2.
2. ;R%¡ Gg 9%Â 7AB! 17. Establishment of the Appeal Hearing
Council
F( E7 ¡ E(yD " T An Appeal Hearing Council (herein after
gG$( (£J ; gN"F yÎK referred to as the “Council”) that reviews the
gBAE ;R%¡ Gg 9%Â (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|.
2|. 9%Â( A% 18. Members of the Council
)
$y; Az# R ; c) The representative of the Federal Attorney
…………………………………..……....A% General……................................ Member
B)
¹7 igkF ;….A% d) The representative of the Federal Police
Commission….............................. Member
3/ F( A9%Â( \» ;Bd% 3/ The Agency shall appoint a secretary for the
Council.
4/ F( 9%Â( A% a=
ED 5A! 4/ The Agency shall facilitate, for members of
AN^ 7 8 9:; ¬ EF
I! the Council, to acquire the necessary
7 q E(yD AG. (£J B"YL o knowledge and skills related to the relevant
National and International refugee laws, and
B7M"_ D -"5_ ; & E(ND
applicable principles, standards and
c EF
`
Q( IJKL F B]]
procedures of refugee status determination.
2v.
2v. 9%Â( 7FD R%" 19. Powers and Functions of the Council
1/ 9%( c A+, BGX gN"AF 1/ The Council shall within ninety days decide
;R%¡ B"!S T$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$b ȼ shall:
¥) A#bK Ay
ª( 9:·F Ay"Æ a) ensure that every appellant is given
A'7X: & C G$( BYZFo reasonable time to present his case;
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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.
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.
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
.=¡ $&L ED E(yD =W Rights and Obligations of Asylum-seekers
7 8 B_ D R´KL and Recognized Refugees
~4.
~4. A$z; B_ D R´KL 22. General Rights and Obligations
'Fq(! .=¡ $& ED E(yD = Every recognized refugee and asylum-seeker:
7 qº
~.
~. I (7. B¦ B 23. The Right to Stay in Ethiopia
1/ c A+, BX 7 ¡ E(yD 1/ Any person who has applied for recognition
EF
G$( 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.
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~u.
~u. !c" 7A'R 24. Access to Education
~@.
~@. 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.
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~x.
~x. B7
B 26. The Right to Work
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.
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0/ c AFN> ==( ª`"! 'Fq(! 10/ Notwithstanding to the provisions of this
E(yD = 7 q ;! .=¡ $& Article, any recognized refugee or asylum-
'Fq(! ¥=" BEEo ¥=" 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
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
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~v.
~v. FX 'U
D '7AU 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
{/.
{/. AkE" z 'X=) Mzd 31. Driver’s Qualification Certification License
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
A7MC(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
{4.
{4. BK& XN ED 9Ú Gd 32. Identity Paper and Travel Document
{.
{. %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 '7AUD
identification document issued by the Agency.
B£GP %F A=R_ F 'R B
AA(
{u.
{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
{x.
{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;!
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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
AQ( 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
XR
{v.
{v. E(yD =W 7 8 D .=¡ $&L 39. Obligations of Recognized Refugees and
R´KL Asylum-seekers
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( $¦
A=
Q( EF
BAm B]]
Þ/.
Þ/. EA%ª( 'cXG " 7A'+ad 41. Local Integration
AX,! C I (7. ` E(yD =W The Agency may, upon their request, as it is
7 8 D$! ;IF ¤dF .³ necessary facilitate local integration of
N"¤ F( EF:7MCb 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.
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
;
;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
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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@.
Þ@. Mg ';`
Q( ¬ 45. Repealed and Inapplicable Laws
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.
Þx. FD BB '( F 46. Power to Issue Regulations and Directives
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.
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.
I
PRESIDENT OF THE FEDERAL
Î:F DEMOCRATIC REPUBLIC OF ETHIOPIA