Social protection

Djibouti's legal regime governing the social protection of refugees and asylum seekers is articulated through a series of comprehensive legislative measures. Law No. 24/AN/14/7th L establishes Universal Health Insurance, and Law No. 51/AN/19/8th L amends the Labor Code to enhance maternity leave rights, demonstrating the country's commitment to inclusive social welfare policies. These provisions are administered by the National Social Security Fund (CNSS) and apply to both employed and self-employed individuals under Law No. 199/AN/13/6th L.

Decree No. 2017-410/PR/MI ensures equal treatment between refugees, asylum seekers, and Djiboutian citizens, explicitly facilitating access to employment, social security, and education, from primary education through vocational training, as detailed in Articles 4 and 5. Article 6 of this decree specifically extends access to essential social services to refugees, with parallel provisions for asylum seekers, subject to the availability of resources. These provisions are further supported by Law No. 159/AN/16/7th L, which clearly defines the status and fundamental rights of refugees and asylum seekers.

The legislation also addresses the needs of particularly vulnerable groups. In this regard, Article 9 of Law No. 159/AN/16/7th L offers targeted protections for unaccompanied refugee children, mandating the assistance of a social worker or guardian during asylum proceedings, as stipulated in Article 21 of Decree No. 2017-409/PR/MI.

Concerning healthcare, Decree No. 2017-410/PR/MI aligns the healthcare rights of refugees and asylum seekers with those of Djiboutian nationals. Article 6 asserts that refugees are entitled to the same healthcare services as citizens, with conditional provisions for asylum seekers based on available resources.

Moreover, Article 14 of Law No. 159/AN/16/7th L and Article 7 of Decree 2017-410 codify the right of refugees to equal access to justice should their social rights be infringed upon. The  Civil Procedure code specifically through Article L.115-1, confers jurisdiction over social security and health insurance disputes to the Social Chamber of the Court of First Instance, thereby empowering refugees to effectively enforce their rights.

This legislative framework not only adheres to international standards but also reflects Djibouti's progressive approach to protecting the social rights of refugees and asylum seekers, ensuring they receive equitable treatment and necessary support.