Date of publication:

01/08/2026

Ethiopia

Do domestic laws and policies prescribe the use of alternatives to detention for immigration-related reasons?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

The Immigration Proclamation No.354/2003 and Immigration Regulation 114/2004 that regulates immigration related issues in Ethiopia are silent on alternative to detention on immigration related detentions. However, according to article 243 of the Criminal Code, whoever intentionally departs from, enters into or resides in the territory of the State in violation of the national law; or causes any of the acts specified to be committed, is punishable with simple imprisonment or fine or with both. Hence, when refugees are faced with a post-conviction detention for immigration related reasons, the criminal code under article 243 gives them the alternative to detention which is to pay the fine decided by the court. However, regarding the illegal entry or presence in the country of a person seeking asylum, in line with article 15 (8) of the Refugee Proclamation, the Immigration Officer is prohibited from commencing criminal charge or imposing penalties.

    LAW & POLICY

    Related provisions of domestic law or policy

    Criminal Code of the Federal Democratic Republic of Ethiopia 2004, Proclamation No. 414/2004

    Legal provision

    Article 243 - Unlawful Departure, Entry, or Residence.

    Whoever intentionally: (a) departs from, enters into or resides in the territory of the State in violation of the national law; or (b) causes any of the acts specified in (a) above to be committed, is punishable with simple imprisonment or fine or with both.