NATIONAL ASSEMBLEE A ADOPTETHE PRESIDENT OF THE PROMULGUE REPUBLICI'll tell you what.
VU The Constitution of 15 September 1992;
VU Constitutional Law No.92/AN/10/6th Revision of the Constitution of 21 April 2010;
VU Law n°150/AN/06/5th L of 21 June 2006 ratifying the OAU Convention of 10 September 1969 governing aspects of refugee problems in Africa;
VU Law No. 201/AN/07/5th L of 22 December 2007 fixing the conditions of entry and residence in the Republic of Djibouti;
VU Decree No.77-054/PR/AE establishing the National Commission for the Eligibility of Refugees of 9 November 1977;
VU Decree No.78-020/PR establishing a National Committee for Assistance to Refugees and Suspected Persons, as well as a National Office for the Implementation of the Measures decided on 21 February 1978;
VU Decree No.2001-0101/PR/MI of 28 May 2001 amending Decree No.77-054/PR/AE establishing the National Commission for Eligibility to Refugee Status;
VU Order No.77-053/PR/AE on the status of refugees on the soil of the Republic of Djibouti of 9 November 1977;
VU Letter dated 20 August 1977 from the Ministry of Foreign Affairs constituting notifications of succession of the Government of the Republic of Djibouti to the Geneva Convention relating to the Status of Refugees of 28 July 1951 and its Protocol of 31 January 1967;
VU Decree No.2016-109/PRE of 11 May 2016 appointing the Prime Minister;
VU Decree No.2016-110/PRE of 12 May 2016 appointing members of the Government;
VU Decree No.2016-148/PRE of 16 June 2016 establishing the powers of the Ministries;
VU Circular n°407/PAN of 20/12/2016 convening the fourth public session of the 2nd Ordinary Session of the year 2016;
The Council of Ministers heard in its meeting of September 06, 2016.
Article 1: Scope of application
This Act applies in refugee and refugee situations in the Republic of Djibouti.
Article 2: Definition of the term asylum seekers
Under this Act, the term asylum-seeker or refugee claimant is defined as the person who leaves the country of which he or she is a national or, if he or she has no nationality, the country in which he or she had his or her habitual residence to apply for refugee status in the Republic of Djibouti and is pending a decision of the competent authorities regarding his or her application.
Article 3: Definition of refugee
Under this Act and in accordance with the Geneva Convention of 28 July 1951 relating to the Status of Refugees and its Protocol of 31 January 1967 and the OAU Convention of 10 September 1969 governing aspects of refugee problems in Africa, the term of refugee shall apply to any person:
a. who fear with reason to be persecuted by his race, religion, nationality, membership of a certain social group or political opinions, is outside the country of which he is a national, and who cannot or, because of this fear, does not wish to claim the protection of that country; or who, if she has no nationality and is outside the country in which she had her habitual residence as a result of such events, cannot or, because of that fear, will not return to it;
b. who, because of aggression, foreign occupation, foreign domination or an event seriously disturbing public order in a part or in all of its country of origin or country of nationality, is obliged to leave its habitual residence to seek refuge in another place outside its country of origin or country of nationality.
Article 4: Cases of exclusion from refugee status
The provisions of this Act shall not apply to any person in respect of whom there are substantial grounds for thinking:
a. that it committed a crime against peace, a war crime or a crime against humanity, within the meaning of the relevant international instruments;
b. that she committed a serious crime of common law outside the host country before being admitted as a refugee;
c. that she was guilty of acts contrary to the purposes and principles of the United Nations or the AU.
Article 5: Cases of cessation of refugee status
1. The refugee status recognized to a person, in accordance with this Act, shall end in the following cases:
a. if she has voluntarily reclaimed the protection of the country of which she is a national; or
b. if, having lost her nationality, she voluntarily recovered it; or
c. if it has acquired a new nationality and enjoys the protection of the country of which it has acquired nationality; or
d. if it has freely renounced it;
e. if she returned voluntarily to settle in the country she left or out of which she remained afraid of being persecuted; or
f. if, the circumstances in which she was recognized as a refugee having ceased to exist, she cannot continue to refuse to claim the protection of the country of which she is a national or if she is without a nationality, of the country where she had her habitual residence; or
g. in respect of a person who has no nationality, if the circumstances after which he was recognized as a refugee who has ceased to exist, he or she is able to return to the country in which he or she was habitually resident.
The decision to terminate the refugee status of the head of family cannot automatically affect other family members as defined in Article 8, paragraph 3. Furthermore, it is without prejudice to their right to file an independent refugee status application.
Article 6: Decision to cancel refugee status
1. The decision to cancel refugee status is pronounced if, after recognition of the said status, serious and consistent elements have been brought to the attention of the competent authorities indicating that refugee status has been recognized on the basis of erroneous or false information; or where a refugee commits one of the acts set out in section 4 of this Act.
2. The decision to cancel the refugee status of the head of family also leads to the cancellation of the status of family members.
3. The cancellation decision will not prevent the individual from introducing a new refugee status application in the event of new developments.
4. The decision to cancel the refugee status of the head of family is without prejudice to the right of family members to file an independent refugee application.
5. The refugee concerned is previously heard and informed of the procedure and the possibility of making an appeal.
Article 7: Decision on withdrawal of refugee status
1. The decision to withdraw refugee status is pronounced when the refugee:
a. impairs national security,
b. commits a particularly serious breach of public order.
2. The decision to withdraw refugee status does not result in the termination of the status derived from the family members of the person concerned.
3. The withdrawal is an obstacle to the introduction of a new refugee status application by the individual.
4. The refugee concerned is previously heard and informed of the procedure and the possibility of making an appeal.
Article 8: Conditions for granting refugee status to family members
1. Members of the family of a person recognized as a refugee within the meaning of Article 3 above who accompany or join him are also considered refugees, unless they are of a nationality other than that of the refugee and enjoy the protection of the country of which they are nationals.
2. If, once the refugee status has been recognized to the head of family, family cohesion is broken as a result of divorce, separation or death, family members who have been granted refugee status pursuant to paragraph 1 above continue to enjoy it, subject to the cases of fraud referred to in Article 6, paragraph 1.
3. For the purposes of paragraphs 1 and 2 above, a refugee spouse shall be considered to be members of the family of a person recognized as a refugee, children under 18 years of age.
Article 9: Unaccompanied minor child cases
1. Any unaccompanied minor child, subject to necessary verification, shall be granted refugee status.
2. The Republic of Djibouti, with the support of international institutions, supports the restoration of family reunification.
Article 10: Non-discrimination
This Act applies to any refugee and asylum-seeker without discrimination as to gender, race, religion, or nationality.
PROVISIONS FOR DEMANDERS
Article 11: Non-refoulement of asylum seekers
1. No person may be returned to the border or subjected to any measure that would compel him to return or remain in a territory where his or her life, physical integrity or freedom would be threatened for any of the reasons mentioned in section 3 of this Act.
2. A claimant must submit a complaint to the competent authorities within thirty (30) days from the time of its entry into the national territory.
3. The authority so seized shall establish a detailed record indicating the complainant's personal information, the reasons for his asylum application and all the relevant information for the investigation of his file.
4. A certificate of asylum seeker is issued to the applicant by the competent authority having heard it, which shall forward the file to the National Eligibility Commission referred to in Article 19 below as soon as possible.
5. Without prejudice to the provisions of paragraph 2 above, any foreign national who is in the territory of the Republic of Djibouti and who cannot return to his country of origin or to the country in which he or she has his or her habitual residence, for the reasons set out in section 3 of this Act is entitled to introduce a claim for asylum which will be examined in accordance with the procedures established by the Order in Council for the application of this Act.
6. Any person who has applied for asylum in the Republic of Djibouti is allowed to stay there until the end of the proceedings.
Article 12: Measures to protect the claimant
1. No criminal penalty shall apply to a person who, as a result of his or her irregular entry into or stay in the national territory, arrives directly from the territory where his or her life or freedom would be threatened within the meaning of section 3 of this Act, provided that he or she presents promptly to the competent authorities referred to in section 19.
2. No transfer to the border against an asylum-seeker can be implemented before the National Commission of Eligibility to Refugee status decides on its application, unless such measures are imposed by reasons of national security, public order or pursuant to a decision rendered in accordance with the law; in any case such expulsion or deportation measures at the border could not result in a claimant being forced to return or remain in a country where his or her life or freedom would be threatened within the meaning of section 3 of this Act.
Article 13: Conditions of movement of the claimant
Displacement of the claimant, who holds a certificate indicating that he has filed his file, is subject to restriction as long as his status has not been determined or has not been admitted to another country. It is obligated to inform the competent authorities of his or her travel and to report to them if necessary.
RIGHTS AND OBLIGATIONS OF REFUGIES AND MANDERS OF ASILE
Article 14: Fundamental rights
1. Without prejudice to the provisions of chapters I and II above, all fundamental rights and provisions set out in chapters II, III, IV and V of the Geneva Convention relative to Refugees of 28 July 1951 and that of the OAU of 10 September 1969 relating to refugees shall apply to any refugee and refugee claimant residing regularly in the territory of the Republic of Djibouti and within the limits of the rights granted to nationals. These include:
- freedom of movement;
- Civil registration documents;
- identity and travel documents;
- to education;
- at work;
- to judge;
- to property;
- to practice his religion;
- freedom of association;
- social and public assistance;
- to naturalization.
2. The terms and conditions for the exercise of the fundamental rights of refugees and asylum-seekers referred to in paragraph 1 above are regulated by the Implementing Order of this Act.
Article 15: Respect for the laws and regulations of the country
Every refugee and asylum seeker is required to comply with the laws and regulations in force as well as nationals.
Article 16: Prohibition of subversive activities
Any person who is granted refugee status undertakes not to conduct any destabilizing activity against the Republic of Djibouti, its country of origin or any other State from the national territory.
Article 17: Protection measures
No refugee and asylum-seeker may be extradited, expelled or returned in any way to the borders of a territory referred to in Article 3 above
Article 18: Conditions of expulsion
1. A refugee who is regularly in the territory of the Republic of Djibouti can only be expelled for reasons of national security or public order.
2. The expulsion of a refugee shall be carried out only in accordance with the procedure provided by the law.
3. The expulsion decision is served on the refugee and the Office of the United Nations High Commissioner for Refugees to assist the person concerned in finding a country of asylum within a reasonable period of time.
4. The expulsion is a right to withdraw refugee status.
COMPETENT BODIES FOR ELIGIBILITY AND MANAGEMENT OF REFUGIES
Article 19: Relevant bodies
1. The Ministry of the Interior is the national intervener for foreigners in general and for refugees in particular.
2. The bodies established for eligibility for refugee status and the management of refugee and refugee issues are:
a. the National Agency for Refugee and Refugee Assistance (ONARS) which is responsible for the day-to-day follow-up of all cases concerning refugees and asylum seekers and to assist the Secretariat of the National Commission for Eligibility to Refugee (CNE);
b. the NEC which is responsible for deciding on the granting, termination, cancellation and withdrawal of refugee status; and
c. the National Commission for Refugee Relief (CNR) which is responsible for examining and adjudicating appeals against decisions of rejection of refugee status made at first instance by the CNE.
3. The operation of the above bodies is regulated by the Order of application of this Act with the exception of the NARS.
Article 20: Appeals against NCRE decisions
NRC decisions are subject to appeal to the Administrative Tribunal.
FINAL AND EXECUTIVE PROVISIONS
Article 21: The Republic of Djibouti undertakes to cooperate with the Office of the United Nations High Commissioner for Refugees or any other United Nations institution that succeeds it, in the exercise of its functions and in particular to facilitate its task of monitoring the implementation of the provisions of the Geneva Convention, its Additional Protocol and the OAU Convention of 1969 governing aspects specific to the problems of refugees in Africa.
Article 22: All earlier provisions contrary to this Act are repealed.
Article 23: This Act shall enter into force as soon as it is published.