Date of publication:

03/27/2025

Ethiopia

Do domestic laws and policies recognize the right to adequate housing?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

While the Ethiopia Constitution primarily focuses on housing rights for Ethiopian citizens, there are several key legislative instruments and policy frameworks that indirectly impact refugees' access to housing. The Constitution, while not explicitly recognizing the right to housing for citizens or refugees, does establish a broad framework for social objectives. Article 90(1) of the Constitution outlines these social objectives, which include access to public health, education, clean water, housing, food, and social security, contingent upon the country's resource capacity. Although this provision does not explicitly mention refugees, it sets the stage for broader social welfare considerations that encompass all inhabitants of Ethiopia.

Furthermore, Article 40 of the constitution defines the concept of private property extensively, extending to tangible and intangible assets produced by individual citizens. While the focus of property rights seems directed towards Ethiopian citizens, the constitutional provisions imply a broader recognition of property rights that could encompass housing. Additionally, Article 41(4) underscores the state's obligation to allocate resources progressively for public health, education, and other social services, indirectly touching upon housing provision.

The Refugee Proclamation grants recognized refugees and asylum seekers the most favorable treatment accorded to foreign nationals regarding property acquisition and leases. Yet, the Civil Code prohibits foreigners, including refugees, from owning immovable property in Ethiopia, presenting a clear discrepancy between national laws and refugee rights. Moving beyond the constitutional framework, national policies and strategies offer more targeted approaches to housing development and urban planning. The Urban Development Policy of 2004 outlines strategies for housing development, land provision, and infrastructure facilitation, aiming to provide standard and suitable housing for all sections of society. While the policy primarily focuses on Ethiopian citizens, its multifaceted interventions benefit all urban dwellers, including refugees, by enhancing living conditions and community development.

Similarly, the Urban Housing Strategy of 2013 builds upon the Urban Development Policy, emphasizing the provision of cost-effective, standard housing with basic services for all segments of society, particularly low-income residents. While the strategy's primary focus remains on citizens, refugees stand to benefit from improved housing options and infrastructure developments in urban areas.

The National Shelter Strategy (2017-2020), jointly developed by the Refugees and Returnees Services (RRS) and UNHCR, directly addresses the housing needs of refugees across camps and urban areas. The strategy aims to provide shelter solutions that ensure privacy, security, and dignity for refugees, aligning with international standards of adequacy and accessibility. By incorporating refugees' housing rights within its framework, the strategy acknowledges and addresses their specific needs and vulnerabilities.

In conclusion, while domestic laws and policies in Ethiopia lay the groundwork for addressing housing rights, there is a need for more explicit recognition and protection of refugees' right to adequate housing.

    LAW & POLICY

    Related provisions of domestic law or policy

    Constitution of Federal Democratic Republic of Ethiopia (FDRE)
    • Year: 1995
    • Type: Domestic law
    • Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
    • Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1995/en/18206

    Legal provision

    Article 40(3) - Right to ownership

    The right to ownership of rural and urban land, as well as of all natural resources, is exclusively vested in the State and in the peoples of Ethiopia. Land is a common property of the Nations, Nationalities and Peoples of Ethiopia and shall not be subject to sale or to other means of exchange.

    Article 40(7) - Right to ownership

    Every Ethiopian shall have the full right to the immovable property he builds and to the permanent improvements he brings about on the land by his labour or capital. This right shall include the right to alienate, to bequeath, and, where the right of use expires, to remove his property, transfer his title, or claim compensation for it. Particulars shall be determined by law.

    Refugees Proclamation No.1110/2019

    Legal provision

    Article 29(1) - Right to Acquisition and transfer of property

    Recognized refugees and asylum seekers shall be entitled to the most favorable treatment accorded to foreign nationals as regards acquisition of movable or immovable property, to leases and other contracts relating to the property.

    Civil Code of the Empire of Ethiopia Proclamation No. 165 of 1960

    Legal provision

    Article 390 - Restriction regarding ownership of immovable property

    No foreigner may obtain immovable property situate in Ethiopia except in accordance with the Imperial order.