Law No. 159/AN/16/7th L establishes significant safeguards concerning the liberty and security of refugees and asylum seekers in the Republic of Djibouti.
The cornerstone of this protection is Article 11(1), which enshrines the principle of non-refoulement, prohibiting the expulsion, return, or extradition of any person to a territory where their life, physical integrity, or freedom would be threatened on the grounds outlined in the refugee definition under Article 3.
Building upon this foundation, Article 11(6) allows any person who has submitted an asylum claim in Djibouti to remain in the country until the conclusion of the asylum procedure. This protection is further reinforced by Article 12(2), which prohibits the refoulement or expulsion of an asylum seeker to the border before the National Eligibility Commission adjudicates their claim, except for reasons of national security, public order, or execution of a lawful decision.
Moreover, Article 12(1) decriminalizes irregular entry or stay for asylum seekers arriving directly from a territory where their life or freedom was threatened, provided they promptly present themselves to the competent authorities under Article 19.
However, while awaiting a decision on their claim, the freedom of movement of asylum seekers holding an attestation is subject to restrictions, as stipulated in Article 13. They must inform the competent authorities of their movements and present themselves when required.
Even for recognized refugees lawfully residing in Djibouti, Article 18(1) allows expulsion solely on grounds of national security or public order, and Article 18(2) mandates that such expulsion must be carried out in accordance with the procedures prescribed by law.
Furthermore, Articles 6(5) and 7(4) require that before any decision to revoke or withdraw refugee status, the concerned individual must be heard, informed of the procedure, and made aware of the right to appeal.
These provisions, along with the guarantees outlined in Chapters II, III, IV, and V of the 1951 Geneva Convention, as incorporated by Article 14(1), establish a robust legal framework aimed at safeguarding the liberty and security of refugees and asylum seekers in Djibouti while balancing legitimate national security and public order concerns.