Date of publication:

01/08/2026

Ethiopia

Do domestic laws and policies provide forcibly displaced and stateless persons the right to move freely within the country?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

The Federal Democratic Republic of Ethiopia (FDRE) Constitution, under article 32(1), allows any foreigners lawfully in Ethiopia the right to freedom of movement. The Constitution does not put preconditions on the enjoyment of freedom of movement of foreign nationals save for lawful presence in the country. The right reflected in the Constitution is also echoed by article 28 (1) of the Refugees Proclamation that states that every recognized refugee or asylum seeker has the right to liberty of movement within the national territory subject to laws applicable to foreign nationals generally in the same circumstances. Hence, it is not intended to guarantee an absolute freedom of movement for refugees. The rights could be limited by regulations governing foreigners in the same circumstances. 

The Refugee Proclamation, under article 28 (3), provides that RRS may facilitate the enabling conditions for recognized refugees and asylum-seekers to facilitate their right of movement. These provisions seem to refer to encampment practices the Government of Ethiopia has been applying for refugees and asylum-seekers by recognizing the role of the government to arrange places or areas where refugees may reside and facilitate their movement. Despite the Pledge it made, during the Leader's Summit in 2016, to expand Out-of -Camp Policy (OCP) and the 2019 Refugees Proclamation, Ethiopia is still applying an encampment policy, whereby most refugees reside in camps, with limited freedom of movement. 

Matters of refugees’ movement and residence outside of camps is currently regulated by a Directive to Determine Conditions for Movement and Residence of Refugees Outside of Camps issued by RRS in 2019. The Directive is put place with the aim of uniformly regulating refugees’ movement and residence outside of camps in line with the 1951 Refugees Convention, the Refugees Proclamation and relevant international standards. The Directive recognizes three categories of refugees who enjoy freedom of movement and choice of residence with varying degrees of restrictions. These are pass permit holders, refugees who are part of UNHCR’s urban assistance program (urban assisted refugees) and regular residence outside of camps. As per article 24 of the Directive, RRS head office, RRS’s zonal coordination offices or refugee camps may issue pass permits to enable refugees to exit camps.  The reasons for issuance of pass permits, as covered under article 27-28 of the Directive, include: processing application for Out-of- Camp Policy (OCP) and urban refugee status and government employment; overseas trip and preparation for vocational or higher education; family visit; leisure; tourism; mourning; marriage and accompanying traveling relatives; and medical treatment which is not available in the refugee camps. Generally, as stated in article 31, the pass permit should, among others, indicate the name of the refugee, refugee camp/address, refugee identification number, dates of issuance and expiry of the pass permit, the place where movement is allowed and the reason thereof. The second category is the Urban refugees who are allowed by the GoE, in line with articles 23 and 24 of the Directive, to reside in Addis Ababa and other urban areas under exceptional conditions. These include refugees requiring special medical assistance that is not available in refugee camps, refugees with serious protection concerns, refugees who are unable to stay in camps for humanitarian reasons and refugees from certain nationalities (such as Yemeni, Iraqi, Syrian and others) that do not have a specific camp designated for them to reside. OCP refugees are the other category of refugees enjoying freedom of movement and choice of residence with all its limitations. Until quite recently, the eligibility requirements for granting OCP status were being an Eritrean recognized refugee; have lived in camp for at least forty-five days; have the necessary means to financially support oneself; ability to submit relatives or friends who can commit to support the refugee (as guarantor); and having no criminal record whilst being sheltered in camp. However, some of these requirements have been changed under the Directive. The Directive, under article 8(1), expanded OCP, renamed in the Directive as regular residency outside camps, to all nationals as long as they have lived in camps at least for three months. According to article 13 of the Directive, the three months minimum period of stay at refugee camps does not apply to court approved adopted children; children separated from their parents; asylum-seekers with health problems; single mothers; elderly people; and refugees who urgently process foreign travels.

 

    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 32(1) - Freedom of Movement

    Any Ethiopian or foreign national lawfully in Ethiopia has, within the national territory, the right to liberty of movement and freedom to choose his residence, as well as the freedom to leave the country at any time he wishes to.

    Immigration Proclamation No. 354/2003

    Legal provision

    Article 14 (1) (b) Foreigners not Required to Register

    Foreigners not Required to Register. The following foreigners may not be required to register: (b) a foreigner who is recognized as a refugee by the Government of Ethiopia and the United Nations High Commission for Refugees.

    Directive to Determine Conditions for Movement and Residence of Refugees Outside of Camps, Directive No. 01/2019

    Legal provision

    Article 8 (1) Conditions for Regular Residency Outside Camp

    A refugee who had lived in a camp for a month (30 days) and longer may be granted permit for regular out-of-camp residency where he: a) can prove that he can cover the costs of living outside camp; or b) can produce a sponsor who can cover his cost of living on a regular basis outside of camp; or c) receives a work permit that allows him to work legally in accordance with applicable laws.

    Article 23 Conditions and Criteria for Inclusion to the Urban Assistance Program

    The Agency, in coordination with partners, shall give permit to refugees who meet the following criteria and conditions to live in urban areas while receiving assistance where: 1) there is a medical condition encountered by the refugee prior to or during his time as refugee or while in refugee camps, and the refugee needs to be transferred to the city because his medical condition could not be treated in a medical center at the camp or in the vicinity; 2) the Agency approves a request by a refugee who qualifies under sub-article 1 to include, another refugee under the urban assistance program, as his caregiver; 3) where there is a protection issue or a safety and security threat that poses risk to life to a refugee or has no designated camp and urban assisted living is found by the Agency to be the ultimate solution to address the problem; 4) out of humanitarian considerations where it is proved that living in a camp poses challenge to the overall well-being of a refugee whose life is at risk on account of physical disability, old age and other similar causes.

    Article 26 (1) and (2) Issuance of Pass Permit at Refugee Camps and Reception Centers

    A refugee may be issued a pass permit at a refugee camp or reception center under the following circumstances: 1) A one-year pass permit for inclusion in the urban assistance program, regular out of camp residency, preparation for overseas travel and for job search and related activities for refugees who have attended vocational or higher education. 2) A three-month pass permit, renewable by the issuing camp or reception center where necessary, for the purposes of a round trip out of and return to camp to make family visits, vacations, excursion, bereavement, marriage, seeing off a relative and another related short-term stay

    Article 12 (2) Obligations of Refugees with Regular Out of Camp Residency Permit

    Refugees who are granted regular out-of-camp residency permit may not live or move within areas located less than 30 km from the international borders and around areas restricted by the Agency in the interest of safety and security pursuant to this Directive or other applicable law.