Housing, land & property

Law No. 159/AN/16/7th L and Decree No. 2017-410/PR/MI establish Djibouti's legal framework for the protection of refugees and asylum seekers, aligning with international refugee law and providing comprehensive protections.

Article 14 of the Refugee Law incorporates the rights stipulated in the 1951 Refugee Convention and the 1969 OAU Refugee Convention into Djibouti's national legislation, extending social and public assistance rights to refugees and asylum seekers. 
Article 6 of the Refugee Decree ensures refugees have access to essential social services, including adequate housing.

The legal structure is underpinned by the principle of non-discrimination, as articulated in Article 10 of the Refugee Law, mandating equal application of the law to all refugees and asylum seekers. 
Articles 4 and 5 of the Decree support this principle, guaranteeing fair access to housing.

Article 14 of the Refugee Law protects the property rights of refugees and asylum seekers, granting them the right to acquire, own, and use both movable and immovable property, equating them with Djiboutian nationals. Articles 2 and 3 of the Decree recognize the right of refugees to participate in commercial activities, including real estate transactions, affirming their comparable immovable property rights to citizens, reinforced by the non-discrimination clauses in Article 10 of the Law and Article 9 of the Decree.

The Djiboutian Civil Code, particularly Articles 671 and 673, acknowledges rights over movable property and derived proceeds, enhancing property rights protections for refugees. Article 65 of the Tax Code ensures a uniform tax regime applied to property across citizens, foreigners, and refugees, eliminating discriminatory practices.

In this regards, the Code of Civil Procedure grants refugees the right to seek redress in the civil justice system for any infringements of their housing or property rights, affording them the same judicial remedies and due process protections as Djiboutian nationals.

Overall, Djibouti's legal framework provides robust protections for refugees, covering housing, movable and immovable property ownership, and non-discriminatory treatment, aligning with international standards and ensuring enforceable domestic remedies.