Family life

Djibouti's legal framework regarding refugee status and family unity is primarily governed by Law No. 159/AN/16/7th L. Article 8 of this law establishes the concept of derivative refugee status for family members of recognized refugees. However, the granting of this status is subject to several conditions, including the principal applicant being granted refugee status, the family members sharing the same nationality as the principal applicant, and the absence of legal protection for the family members in their country of origin.

Article 3 of the law aligns Djibouti's refugee definition with international refugee law standards. It defines a refugee as a person who, due to a well-founded fear of persecution based on race, religion, nationality, membership of a particular social group, or political opinion, is outside their country of nationality and is unable or unwilling to seek protection from that country. This definition serves as a basis for assessing derivative refugee status claims, taking into account the fear of persecution and the nationality connection.

The law also provides special protection for unaccompanied minors. Article 9 requires the prima facie recognition of refugee status for this vulnerable group, in line with Djibouti's international obligations, including the facilitation of family reunification.In terms of marriage, the Family Code (Law No. 152/AN/02/4th L) sets the legal age of marriage at 18 in Article 29, with the aim of preventing child marriages while allowing for regulated exceptions. This provision seeks to balance the need for child protection with prevailing socio-cultural norms. Articles 163 and 164 of the Civil Code reinforce this legal framework by requiring the free and full consent of both prospective spouses and permitting exceptions to the minimum age requirement only for serious reasons, thereby safeguarding individual autonomy and preventing forced marriages.

The Family Code also addresses polygamous marriages in Article 22, which requires equitable treatment among co-wives. This provision aims to prevent discrimination within the family and ensure a minimum level of protection for women in polygamous unions.Regarding the cessation of refugee status, Article 6 allows for cancellation in cases of fraud or acts threatening national security, ensuring the integrity of the asylum system while permitting new claims based on revised grounds. Article 7 provides for revocation on national security grounds, but this revocation does not extend to dependents, thus preserving their derivative protection.