Date of publication:
04/22/2025
Ethiopia
Do domestic laws and policies provide the right of recourse to effective administrative or judicial remedies, for forcibly displaced and stateless persons who are denied the choice of residence?
Assessment by population
Analysis
Access to justice is recognized as a fundamental right in the Ethiopian Constitution. Pursuant to Article 37(1) of the Constitution, everyone, including refugees, have the right to bring a justiciable matter to a court of law or any other competent body with judicial power. Further, the Refugees Proclamation, under article 30(1), states that recognized refugees and asylum seekers are entitled to the same treatment as nationals with regard to bringing any justiciable matter to the court or any other competent body with judicial power.
Refugees are also entitled to seek administrative remedies in case of denial of services by RRS, as per article 5(1) of the Refugees and Returnees Grievances and Appeals Handling Directive, Directive No. 03/2019. The refugee may also lodge a complaint to the Institution of the Ombudsman for maladministration in case of denial of access to such services by RRS, as per Articles 22(1) and 24 of the Institution of the Ombudsman Proclamation No.211/2000.
According to article 15 (1) of the Refugees right to movement directive, a refugee who is aggrieved by a decision rendered on his application for regular out of camp residency permit may, successively, appeal in writing to the camp coordinator, the head of the Coordination Office and the Deputy Director General. Also, according to article 36 of the Directive, a refugee who is denied a pass permit while he meets the required criteria has the right to appeal to the superior of the officer who denied him the permit. Therefore, refugees could exercise the right to bring a legal action regarding rights associated with freedom of movement.
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 37(1) Right of Access to Justice
Everyone has the right to bring a justiciable matter to, and to obtain a decision or judgment by, a court of law or any other competent body with judicial power.
Directive to Handle Grievances from Refugees and Returnees, Directive No 03/2019, RRS
- Year: 2019
- Type: Domestic law
- Rights Category: Nationality & facilitated naturalization
Legal provision
Article 5(1) Right to File Grievance
Any client/refugee shall have the right to complain to the concerned official or higher official concerning any issues he has encountered because of a service rendered by the Agency not being properly provided to him.
Directive to Determine Conditions for Movement and Residence of Refugees Outside of Camps, Directive No. 01/2019
- Year: 2019
- Type: Domestic law
- Rights Category: Education, Freedom of movement
- Link to external source: https://www.refworld.org/legal/decreees/natlegbod/2019/en/123757
Legal provision
Article 36 Appeal
Any refugee who is denied a pass permit while he meets the required criteria has the right to appeal to the superior of the refugee officer who denied him the permit.
Article 15(1) Appeal
A refugee who is aggrieved by a decision rendered on his application for regular out of camp residency permit may, successively, appeal in writing to the camp coordinator, the head of the Coordination Office and the Deputy Director General.