Law No. 159/AN/16/7th L on the Refugee Status constitutes the legal foundation for provisions relating to the rights of refugees and asylum seekers in the Republic of Djibouti, concerning the right to education. Its provisions aligns with the 1951 Geneva Convention, to which Djibouti is a State Party. This legal instrument enshrines a set of fundamental rights, including the right to education, and imposes specific obligations to ensure their respect and effective implementation.
Decree No. 2017-410/PR/MI, as the implementing regulatory instrument, delineates the modalities for exercising the rights stipulated in the law. Article 5 mandates that refugees and asylum seekers shall benefit from equal access to education as Djiboutian nationals, at all levels of instruction.
This regulatory provision is pivotal in giving effect to the principle of equal access to education and facilitating the effective integration of refugees into Djiboutian society.
Furthermore, with regards to the recognition of academic credentials according to the level of education Decree No. 2014/122/PR/MENSUR, as amended by Decree No. 2014-122/PR/MENSUR, under the auspices of the Ministry of Higher Education, vests this ministry with the recognition of higher education diplomas. This legal instrument confers upon this ministry the exclusive competence for the equivalence or recognition of university degrees, titles, and diplomas sanctioning higher education studies, encompassing de jure and de facto both refugees and asylum seekers. This regulatory framework facilitates their integration into the educational and professional system by recognizing their prior qualifications. The inclusion of representatives from the Ministry of National Education and Vocational Training, as well as the Ministry of Foreign Affairs and International Cooperation, in the process of evaluating diplomas reflects a commitment to adopting a more inclusive and international approach in recognizing foreign qualifications.Regarding primary, middle, and secondary school diplomas, the Ministry of Foreign Affairs and International Cooperation, in accordance with Law No. 11/78, through its Bureau of Consular Affairs and its Administration Service, exercises jurisdiction in this matter. It ultimately manages the administrative and legal affairs related to the education of refugees, thereby ensuring the implementation of effective processes for educational integration.
It is noteworthy that the Djiboutian legal system does not provide specific provisions for the education of refugees and asylum seekers in detention. However, Law No. 95/AN/15/7th L establishes that the detention of a minor shall be a measure of last resort, emphasizing protective, assistance, supervision, and educational measures in the prison context.