Asylum

The Law No. 159/AN/16/7th L on the Status of Refugees, along with its implementing Decrees No. 2017-409/PR/MI and No. 2017-410/PR/MI, institutes a comprehensive legal framework governing asylum in Djibouti, in line with the 1951 Geneva Convention, its 1967 Protocol, and the 1969 OAU Convention.

Article 2 defines an asylum seeker as a person who has left their country of nationality or habitual residence to seek refugee status in Djibouti and is awaiting a decision on their application from the competent authorities.Article 3 provides an inclusive definition of a refugee, encompassing individuals with a well-founded fear of persecution due to race, religion, nationality, membership of a particular social group, or political opinion, as well as those compelled to flee due to external aggression, foreign occupation, foreign domination, or events seriously disturbing public order. This aligns with the refugee definitions under the 1951 Geneva Convention and 1969 OAU Convention.

The principle of non-refoulement is enshrined in Article 11, prohibiting the refoulement or expulsion of an asylum seeker to a territory where their life, physical integrity, or freedom would be threatened based on the grounds outlined in Article 3. Asylum seekers must present themselves to the competent authorities within 30 days of entering Djibouti to submit their asylum request (Article 11(2)). Upon registration, they receive an asylum seeker's attestation valid for six months and renewable (Article 3 of Decree No. 2017-410/PR/MI).

Article 12 decriminalizes irregular entry or stay for asylum seekers, provided they promptly present themselves to the authorities referred to in Article 19. It also prohibits the refoulement or expulsion of an asylum seeker to the border before the National Eligibility Commission (CNE) rules on their claim, except for reasons of national security, public order, or lawful decision execution.

The law designates the CNE and the National Appeals Commission (CNR) as the competent bodies for determining refugee status and adjudicating appeals, respectively (Articles 19 and 4 of Decree No. 2017-409/PR/MI). Asylum seekers have the right to seek judicial review or appeal before the Administrative Court against CNR decisions (Articles 20 and 26 of Decree No. 2017-409/PR/MI).While awaiting a decision, asylum seekers legally residing in Djibouti enjoy the same fundamental rights as nationals, including the right to social assistance, access to healthcare, education, and employment, subject to available resources (Articles 14 and 9 of Decree No. 2017-410/PR/MI). However, their freedom of movement is restricted until their status is determined or they are admitted to another country (Article 13).

Additionally, Article 4 outlines the grounds for exclusion or cases of ineligibility for refugee status, such as individuals reasonably believed to have committed crimes against peace, war crimes, crimes against humanity, serious non-political crimes outside the country of refuge, or acts contrary to the principles of the United Nations or the African Union.

Article 5 specifies the circumstances under which refugee status may be revoked, terminated, or withdrawn, such as voluntary re-availing of national protection, acquisition of a new nationality, voluntary re-establishment in the country fled, or a fundamental change in circumstances that initially warranted refugee recognition.

Articles 6 and 7 provide for the revocation or cancellation of refugee status in cases of fraud, misrepresentation, threats to national security, or particularly serious breaches of public order. These decisions are subject to due process, with the concerned individual having the right to be heard and appeal.

Regarding family unity, Article 8 outlines the conditions for conferring or according derivative refugee status to family members accompanying or joining a recognized refugee, subject to certain exceptions. Article 9 specifically addresses unaccompanied minors, granting them refugee status subject to necessary verifications, and mandates the Republic of Djibouti, with international support, to facilitate family reunification.

The legal framework also upholds the principles of non-discrimination (Article 10) and prohibits arbitrary refoulement or forced repatriation of asylum seekers (Article 11), in line with international refugee law.

Through this comprehensive set of provisions, the domestic laws and policies in Djibouti institute a robust asylum system that aligns with international conventions, ensuring the protection of refugees and asylum seekers, while outlining the rights, obligations, and procedures governing the asylum process.