Freedom of movement

Law No. 40/AN/19/8th L initially classifies asylum seekers as visitors without special status. Articles 33-43 mandate residence permits after a three-month period, with non-compliance leading to penalties such as expulsion and fines.

Decree No. 2017-410/PR/MI extends the rights of recognized refugees in line with the Geneva Convention, enhancing the treatment of asylum seekers by granting them rights comparable to Djiboutian citizens regarding freedom of movement, employment, and social security amongst other fundamental rights.

Law No. 159/AN/16/7th L provides protection against refoulement for asylum seekers, including those in irregular situations. Asylum seekers must report to the authorities within 30 days of arrival to qualify for this protection. Non-compliance may trigger the application of measures outlined in Law No. 40, potentially resulting in administrative and judicial consequences.

Laws No. 159/AN/16/7th L and Decree No. 2017-410/PR/MI establish the principle of equal rights between refugees and Djiboutian citizens. Refugees can contest limitations on their freedoms, including freedom of movement, through judicial channels, ensuring effective legal remedies equivalent to those available to nationals.

While refugees have the right to freely choose their place of residence in accordance with international principles, Article 13 of Law 159 imposes restrictions on asylum seekers pending the determination of their status.

The Criminal Procedure Code include these rights into judicial practices related to custody and provisional detention. The code includes provisions for minors, emphasizing protection, assistance, and education while setting strict limits on the duration and conditions of detention to prevent arbitrary practices and ensure fair justice.