Proclamation No.409/2004 Refugee Proclamation | GOALGOOLE | Because you need Information for your goals !
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Proclamation No.409/2004 Refugee Proclamation

PROCLAMATION No. 409/2004
REFUGEE PROCLAMATION

WHEREAS, Ethiopian is providing asylum and protection to refugees and promoting their voluntary repatriation in safety and dignity whenever conditions permit,

WHEREAS, Ethiopia is a party to the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951, the Protocol Relating to the Status of Refugees of 31 January 1967 and the OAU Convention Governing the Specific Aspects of Refugee Problem in Africa, done at Addis Ababa on 10 September 1969.

WHEREAS, it is desirous to enact national legislation for the effective implementation of the aforesaid international legal instruments, establish a legislative and management framework for the reception of refugees, ensure their protection, and promote durable solutions whenever condition permit;

NOW, THEREFORE, in accordance with Article 55 (1) of the Constitution of Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

PART ONE
GENERAL

1.    Short Title
This Proclamation may be cited as “Refugee Proclamation No. 409/2004.”

2.    Definition
In this Proclamation, unless the context otherwise requires:-
1.    “Authority” means the Security Immigration and Refugee Affairs Authority established by Proclamation No. 6/1995 Article 6(1).
2.    “United Nations High Commissioner for Refugees” means the Office in Ethiopia of the United Nations High Commissioner for Refugees.
3.    “The Refugee Convention” means the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 and the protocol ratified on 31st January, 1967
4.    “The OAU Refugee Convention” means the OAU Convention Governing the Specific Aspects of Refugee problems sin Africa, done at Addis Ababa on 10 September 1969
5.    “Country of Nationality” means a country, which the refugee is a national.
6.    “Country of former habitual residence” means the country where a person of persons who fulfills the criteria under the Provisions of Article 4 or Article 19 of this Proclamation.
7.    “Refugee” means any person or group of persons who full fills the criteria under the provisions of Article 4 or Article 19 of this Proclamation.

7.    Cessation of Refugee Status
Any person shall cease to be considered as refugee if:
1.    He has voluntary re-avails himself of the protection of the country of his nationality;
2.    He has voluntarily re-establishes himself in the country which he left or outside of which he remained owing to fear of persecution;
3.    He has acquired the nationality of Ethiopia, or that of another country and enjoys the protection of Ethiopia or the country of his new nationality: or
4.    Despite the circumstances in connection with which he was recognized as a refugee, have ceased to exist:
a)    Continue to refuse to avail himself of the protection of the country of his nationality: or
b)    If he has lost his nationality or has no nationality, and is able to return to the country of his country of former habitual residence, but continue to refuse to do so.
5.    The provisions of this Article shall not apply, however, to a refugee falling under Article 4 of this proclamation who is able to invoke compelling reasons arising out of previous persecution of fear for his safety for the reasons set out in Article 4, for refusing to avail himself of the protection of the country of his nationality or country of his former habitual residence.

8.    Fundamental Change of Circumstance
1.    Where the fundamental changes referred to in Article 7(4) of this article are considered to have taken place in a country of nationality or of former place of habitual residence of a person or persons recognized as refugees under this proclamation, the Head of the Authority, working in collaboration and coordination with the United Nations High Commissioner for Refugees, or its substitute and subject to such other special procedures as may be established for this purpose, 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 in the first place.
2.    Following such assessment and verification, the Authority shall, in collaboration with the United Nations High Commissioner for Refugees, make a decision as to whether the refugee status of the person or group of persons concerned shall be declared to have cased.
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 claim for continuing refugee status examined.

9.    Non-refoulement
1.    No person shall be refused entry in to 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 turn or any other measure, such person is compelled to return to or remain in a country where:-
a)    He may be subject to persecution or torture on account of his race, religion, nationality, membership of a particular social group or political opinion; or
b)    His life, physical integrity or liberty would be threatened on account of external aggression, occupation, foreign domination of events seriously disturbing public order in part or whole of the country.
2.    The benefit of this provisions may not, however, be claimed by a refugee 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, constitute a danger to the community.
3.    The Head of the Authority shall in line with the sprite of this Proclamation and existing Law determine whether serious grounds exist for regarding a refugee as a danger to national security.

10.    Expulsion
1.    A refugee who is lawfully resident in Ethiopia shall not be expelled except on the ground of national security and public order.
2.    An order to expel, pursuant to Sub Article /1/ or this Articles shall be made by the Head of the Authority. However, before making such an order, the Head shall allow the concerned refugee to present his case.
3.    Any expulsion order shall be communicated in writing to the refugee together with the reasons for the order.
4.    The execution of any expulsion order may, if the concerned refugee request, be delayed for a reasonable period to enable such refugee, to seek admission to a country other than the country to which her is to be expelled.

11.    Temporary Detention
A person whose expulsion has been ordered under Article 10 of this proclamation may be arrested or detained upon the order of the Head of the Authority pending his expulsion if such detention is necessary for purposes of effecting the expulsion order or to ensure that he does not endanger the security or public order of Ethiopia pending the expulsion.

12.    Unity of the Family
1.    A member of the family 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.
2.    Once the family of an asylum-seeker are in Ethiopia, they shall be entitled to all the rights and be subject to all the duties of an asylum-seeker.
3.    A member of the family of a recognized refugee, as provided for in this Proclamation, shall be permitted to enter and remain in Ethiopia.
4.    Once the family of a recognized refugee is in Ethiopia, they shall be entitled to all the rights and be subject to all the duties of a recognized refugee.
5.    Nothing in this Article shall prevent a member of the family or an asylum-seeker or recognized refugee from himself applying for recognition and being recognized as a refugee in terms of Article 4 of this Proclamation.

PART THREE
APPLICATION FOR RECOGNITION OF REFUGEE STATUS AND PROCEDURES FOR DETERMINATION OF REFUGEE STATUS

13.    Application for recognition of Refugee Status
1.    Without prejudices to Article 19 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 wish to remain within the country as a refugee in terms of this proclamation, shall, within fifteen days apply to the nearest:-
a)    Office of the Authority; or
b)    Police station.
2.     The police station receiving the application shall, as soon as possible forward the application to the Authority.
3.    The applicants shall fill relevant forms and vouch for the truth of the statement therein.
4.    The Authority shall provide the applicants with identity car attesting to his status as asylum-seeker.
5.    Notwithstanding the provisions of any other law to the contrary, no criminal proceedings shall be commenced or continued against a person who has applied or is about to apply pursuant to this Proclamation on the account of his illegal entry and presence in the country.

14.     Decision by the Authority 
1.    The Authority shall decide on the application presented to it in accordance with Article 13 of this proclamation.
2.    In deciding asylum application, the Authority shall:-
a)    Ensure that every applicants is given reasonable time to present his case;
b)    Ensure the presence of qualified interpreter during all the stages of the hearing;
c)    Cause the person concerned to be notified of its decision and the reason thereof in writing;
d)    Decide on every application or case referred to it within reasonable period of time; and
e)    Invite the United Nations High Commissioner for Refugees to participate as an observer.
3.    Any asylum-seeker, who is aggrieved by the decision of the Authority, may within thirty days of being notified of such a decision, appeal in writing to the Appeal Hearing Council established under Article 15 of this Proclamation.

15.    Establishment of an Appeal Hearing Council
The Appeal Hearing Council that review the decision of the Authority in relation to asylum is here by established under this Proclamation.

16.    Member of the Appeal Hearing Council
1.    The appeal haring Council shall have the following members:
a)    The representative of the Authority Chairman
b)    The representative of the Ministry of Foreign Affairs Member
c)    The representative of the Ministry of Justice Member
d)    Two representatives of the Federal Affairs
2.    The United Nations High Commissioner for Refugees shall be invited to participate as an observer.
3.    The Authority shall appoint a secretary for the Council…

17.    Functions of the Appeal Hearing Council
1.    The Council shall decide on appeals submitted to it in accordance with Sub-Article (2) of Article 6 or Sub-Article (3) of Article 14 of this Proclamation.
2.    In the exercise of its function, the Council shall:-
a)    Ensure that every applicants is given reasonable time to present his case;
b)    Ensure the presence of qualified interpreter during all the stages of the hearing;
c)    Decide on every application or case referred to it within reasonable period of time;
d)    Cause the person concerned to be notified of its decision and the reasons thereof in writing; and
3.    The Council shall issue its own rules of procedure.

18.    Records and Minutes
The records and minutes of meetings in relation to application for refugee status shall be kept in a confidential and secure manner so that the safety and security of an asylum-seeker may not be in danger.

19.    Declaration of class of Persons as Refugees
If the Head of the Authority considers that any class of person met the criteria under Article 4(3) if this Proclamation, he may declare such class of person to be refugees.

PART FOUR
RIGHTS AND OBLIGATIONS OF ASYLUM-SEEKERS AND RECOGNIZED REFUGEES

20.    Rights and Obligations of any Asylum-seeker
1.    Any person who has applied pursuant to Article 13 and Article 19 of this Proclamation for recognition of his status as a refugee shall be allowed to remain in Ethiopia:-
a)    Until the Authority decides on his application; or
b)    If his application is unsuccessful, until he exhausts his right of appeal.
2.    Any person stated under Sub-Article (1) of this Article shall, except to the extent that the provisions of any other law may be inconsistent with the purposes of this Proclamation, be subject to laws in force within Ethiopia.

21.    Rights and Obligations of Recognized Refugees
1.    Every recognized refugee shall:-
a)    Be permitted to remain within Ethiopia in accordance with the provision of this Proclamation.
b)    Be issued with identity car attesting to his refugee status.
c)    Be issued with a travel document for the purpose of traveling outside Ethiopian in accordance with international agreement;
d)    Be entitled to other rights and be subject to the duties contained in the Refugee Convention and the OAU Refugee Convention;
e)    Except to the extent that the provisions of any other law may be inconsistent with the purposes of this Proclamation, be subject to the laws in force within Ethiopia; and
2.    Notwithstanding the provisions of Sub-Article (1) (d) of this Article, the Head of the Authority may designate places and areas in Ethiopia within which recognized refugees, persons who have applied for recognition as refugees, and family members thereof shall live, provided that the areas designated shall be located at a reasonable distance from the border of their country of origin or of former habitual residence.
3.    Notwithstanding the provisions of Sub-Article (1) (d) of this Article, Every recognized, refugee, and family members thereof shall, in respect to wage earning employment and education, be entitled to the same rights and be subjected to the same restrictions as are conferred or imposed generally by the relevant laws on person who are not citizens of Ethiopia.

22.    Special protection to Vulnerable Groups
The Authority shall take measures to ensure the protection of women refugees, refugee children elderly refugees and handicap who needs special protection

23.    Voluntary repatriation
Every recognized refugee has the right, of his own volition, to seek to repatriate from Ethiopia to his country of nationality or former habitual residence in safety and dignity