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Recommendations for Reform of Ethiopia’s Refugee
Legislative and Policy Framework in Light of International
and Regional Standards
April 2017
Fasil Mulatu Gessesse
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Acknowledgements
This research is prepared on behalf of the Ethiopian Investment Commission and the World
Bank Group. The author would like to thank Dr. Belachew Mekuria, Deputy Commissioner of
the Ethiopian Investment Commission and Dr. Tadesse Kassa, Associated Professor at Addis
Ababa University and Senior Legal Advisor with the EIC/WBG for their guidance, critical
comments and editorials.
The author also wishes to thank staff members of the World Bank Group Elsa Araya, Joanna P.
De Berry, John F. Speakman, Vikramm Raghavan and Qaiser M. Khan for their feedback and
assistance in accomplishing this task.
2
Contents
Acronyms ...................................................................................................................................................................... 3
1. Executive Summary ................................................................................................................................................... 4
2. Background ................................................................................................................................................................ 6
3. Ethiopia’s Legislative and Policy Framework on Refugees ...................................................................................... 8
4. Compatibility of Existing Laws in Ethiopia with International Standards .............................................................. 10
5. General Principles, Rights and Entitlements of Refugees under the Draft Regulation on Refugees ....................... 12
6. Normative Assessment of the Refugee Proclamation and the Draft Regulation on Refugees in Light of the 1951
Refugee Convention .................................................................................................................................................... 13
6.1 Civil Rights and Freedoms of Refugees ................................................................................................................ 14
6.1.1 Non-discrimination ......................................................................................................................................... 14
6.1.2 Freedom of Religion Practice ......................................................................................................................... 14
6.1.3 Freedom of Movement and Residency ........................................................................................................... 15
6.1.4 Right to Association and Public Participation ................................................................................................ 16
6.1.5 Access to Court and Equality Before Law ..................................................................................................... 17
6.1.6 Protection of Physical Security of Refugees and Their Families ................................................................... 18
6.1.7 The Right to be Protected from Forced or Compulsory Labour ..................................................................... 19
6.2 Socio-economic Rights and Welfare of Refugees ................................................................................................. 19
6.2.1 Property Rights ............................................................................................................................................... 19
6.2.1.1 Moveable and Immovable Things ........................................................................................................... 20
6.2.1.2 Artistic Rights and Industrial Property ................................................................................................... 20
6.2.2 Right to Work ................................................................................................................................................. 21
6.2.3 Issuance of Work Permit ................................................................................................................................ 23
6.2.4 Issuance of Driver’s License .......................................................................................................................... 24
6.2.5 Right to Housing ............................................................................................................................................ 24
6.2.6 Access to Bank Services................................................................................................................................. 25
6.2.7 Transfer of Assets ........................................................................................................................................... 26
6.2.8 Education ........................................................................................................................................................ 26
6.2.9 Public Relief ................................................................................................................................................... 27
6.2.10 Social Security.............................................................................................................................................. 27
7. Durable Solutions .................................................................................................................................................... 29
8. Recommendations ................................................................................................................................................... 29
3
Acronyms
GoE Government of Ethiopia
UNHCR United Nations High Commissioner for Refugees
HoPR House of People Representatives
ARRA Administration for Refugees and Returnees Affairs
MOLSA Ministry of Labour and Social Affairs
EIC Ethiopian Investment Commission
UNHCR United Nations High Commissioner for Refugees
TVET Technical and Vocational Education and Training
ICCPR International Covenant on Civil and Political Rights (UN)
ICESCR International Covenant on Economic, Social and Cultural Rights (UN)
NISS National Intelligence and Security Services
4
1. Executive Summary
The Government of Ethiopia (GoE) has been implementing an industrial policy which aims at
boosting economic development and the creation of jobs. This ambitious plan will be achieved
through the development and expansion of labour intensive manufacturing hubs in various
industrial parks established across the country. Three such industrial parks will be constructed in
Mekelle, Dire Dawa and Alage. A peculiar aspect of the establishment of these industrial parks
features the GoE’s commitment to extend employment opportunities to refugees.
Ethiopia ratified the 1951 Refugee Convention - along with its 1967 Protocol - as well as the
African Refugee Convention - the main international and regional laws on refugees. The only
comprehensive national law currently applying to refugees is the Refugee Proclamation No.409
adopted in 2004. Apart from the main refugee legislation, sector specific laws such as those
adopted to regulate labour, nationality affairs, property rights, investment etc. also touch upon
issues affecting the rights and obligations of refugees in specific contexts. Nevertheless, it
remains that the national legislative frameworks have been unable to adequately extend rights
and entitlements that ought to be accorded to refugees in line with the provisions of international
and regional standards. Such shortfall in the national system informs the GoE’s present initiative
in drafting a new regulation - and possibly a proclamation- covering all aspects of the protection,
rights and obligations of refugees in Ethiopia.
The legislative reform kicked off against the background of Ethiopia’s fundamental policy
reinvigoration on matters involving refugees. During the 2016 UN Summit on Refugees and
Migrants in New York, the Prime Minister of the GoE undertook nine pledges to further improve
rights, protection and service delivery to refugees in the country. One of the pledges aims at
allowing refugees in the country into work - which is also related to the accord of employment
opportunities and associated rights extended to refugees.1While the GoE has traditionally worked
on accommodating a broader range of rights and interest of refugees, its conventional practice
and open door policy in hosting refugee communities has been re-energized through the pledges
assumed at the UN forums whose specific implementation has now called for legislative reforms
in line with Ethiopia’s international commitments and based on national interest and priorities.
This analysis presents a highlight of the key legislative approaches in Ethiopia - including the
Draft Regulation on Refugees- in light of the pertinent international standards on the rights and
welfare of refugees. The study also makes specific recommendations on the way forward in
terms of expanding the existing rights, services and protection modalities for refugees. It
1 European Investment Bank ‘EIB President pledges support for “Jobs Compact“ in Ethiopia tackling migration and
refugee challenge, available at http://www.eib.europa.eu/infocentre/press/releases/all/2016/2016-212-european-
investment-bank-president-pledges-support-for-jobs-compact-in-ethiopia-tackling-migration-and-refugee-
challenge.htm (accessed 18 April 2017); and also see ‘UN Summit on Refugees and Migrants in 2016’ available at
http://refugeesmigrants.un.org/summit accessed 18 April 2017).
5
suggests key reforms that should be adopted in relation to the rights of refugees in order to create
favorable environment for the sustained implementation of the national industrial policy in
general and the Ethiopia Jobs Compact initiative in particular.
The methodology employed in this study is primarily a normative analysis of the laws and
policies of Ethiopia based on international and regional legal instruments to which Ethiopia is a
party.
Accordingly, the study recommends that:
The 2004 Refugee Proclamation of Ethiopia is not in conformity with the GoE’s nine
Pledges on refugees as well as the international and regional standards on refugees that
are an integral part of the laws of the land.
Due to fundamental policy shift in the treatment of refugees in Ethiopia, a legislative
overhaul should be conducted with the objective of adopting a new proclamation -instead
of amending the 2004 Refugee Proclamation.
There should be a comprehensive policy document that clearly lays down the strategic
direction of the GoE in relation to refugees which informs any future legislative
enterprise. One way of achieving this could be transforming ‘The Roadmap for the
Implementation of the Ethiopian Government Pledges’ with a clear and comprehensive
direction and objectives of the GoE in relation to refugees.
In order to avoid the revision of other laws that directly or indirectly deal with refugee
issues, the new Proclamation should be designed as much as possible as a stand-alone
legislation which significantly expands the existing privileges applicable to refugees and
special entitlements/most favorable treatment extended to refugees in comparison to other
foreign nationals.
The ‘expansion’ of existing civil rights and freedoms should be pursued by incorporating
freedom from discrimination, freedom of movement and free choice of residence,
freedom of religious practice subject to applicable laws, access to court and equality
before the law - including the right to receive access to legal aid services, the right to
public participation, the right to protection of liberty and security of refugees and their
families, the right to be protected from forced or compulsory labour, the right to access
vital registration in general and birth registration for refugee children.
Detailed socio-economic entitlements of refugees shall be realized in a progressive
manner - with the sustainable and increasing support of the international community and
development partners. These include,
The right to own movable property and access and benefits from immovable
property;
Right to artistic and industrial property ownership on the same plane as
nationals;
The right to work should be provided as a general entitlement for refugees;
6
Refugees due to be engaged in a wage-earning employment based on bilateral
and multilateral arrangements/projects between the GoE and international
partners should receive a ‘general work permit’ as opposed to work/employer-
specific work permit, and general rights and privileges should be extended on
the same plane as nationals;
Refugees granted the right to engage in wage-earning employment should be
accorded the same rights and obligations in employment related social service
schemes;
Refugees accommodated under out-of-camp arrangement should have the
right to access basic ‘public’ health facilities using refugee identity cards and
right to access other medical services – progressively, subject to the
availability of resources;
The right to apply for and receive an Ethiopian driver’s license and receive
equivalent Ethiopian license for those having a valid foreign license;
The right of equal access to primary education as nationals, and opportunities
of enrollment in secondary and territory education and Technical and
Vocational Education and Training (TVET)should be accorded progressively -
based on availability of resources;
Right of access to bank services - that also include a wide range of banking
services beyond basic bank facilities- such as opening account, withdrawal,
transfer and possibly remitting out wages – subject to requirements under
other laws;
Right to transfer assets in case of resettlement or voluntary repatriation;
Provisions to facilitate the local integration of refugees as well as
naturalization based on applicable laws;
A Regulation for detailed implementation of each of the rights and entitlement included
in the Proclamation should be issued by Council of Ministers.
2. Background
Ethiopia is the principal host of refugees in Africa - with 801,079 registered refugees in the
county according to the January 2017 data by the UNHCR. Based on country of origin, South
Sudanese refugees top the chart with 342,591, followed by Somalis and Eritreans with 245,272
and 165,525 headcounts respectively.2In consequence, Ethiopia has received recognition and
praise from the international community for such its open border policy in relation to refugees.
Such a long tradition of open door policy for those in need has been further reinvigorated
2 UNHCR Ethiopia Factsheet, January 2017, available at
http://reliefweb.int/sites/reliefweb.int/files/resources/EthiopiaFactSheetJanuary2017.pdf (accessed 6 April 2017);
Data by County of Origin South Sudan 342,591; Somalia 245,272; Eritrea 165,525; Sudan 40,519; Yemen 1,611;
Other Nationalities 5,561.
7
through the out-of-camp scheme established since 2010.3 Moreover, the GoE committed to nine
pledges during the 2016 Leaders’ Summit on Refugees to advance the rights and welfare of
refugees in the country. The measures that are already underway include implementing a
progressive out-of-camp policy for all refugees, extending employment opportunities and rights
in tune with the industrial policy of the county, and initiatives to overhaul the current refugee
treatment modalities.
Generally, the out-of-camp scheme or the alternative to camp policy permits refugees to live on
‘land or housing which they rent, own or occupy informally, or through private hosting
arrangements’4- depending on the laws and policy of the host country. This alternative to
encampment of refugees is an effective instrument in the exercise of the rights and freedoms of
refugees set forth under international and regional standards as well as domestic laws. More
importantly, such scheme fosters meaningful socio-economic contribution of refugees to their
host community and country and promotes culturally diversity and tolerance.
So far, Ethiopia’s out-of-camp scheme - established since 2010 - extends the privilege only to
Eritrean refugees. The official document establishing the scheme has been difficult to locate -
which brought about complexity in understanding and interpreting the specific modalities of the
arrangement. However, there is reference document that sets out brief criteria for determining
qualification under the out-of-camp scheme.5It is recommended that any future initiative to
broaden the existing out-of-camp scheme to other refugees, the modalities that apply in such
context and the eligibility criteria should be provided formally through regulatory frameworks.
In a broader sense, individuals on the move have different categories depending on their specific
situation and applicable international and regional standards to determine their status or category.
Based on the context, individuals that move across borders may be categorized into refugees,
asylum seekers, irregular migrants, unaccompanied migrant children etc. It is imperative to
delineate between the specific categories while formulating or amending a national policy, law or
regulation for the protection of rights and entitlements of persons on the move in Ethiopia.
In this regard, although Ethiopia’s generous commitment and track record of accommodating
migrants in general and refugees in particular is undeniable, in the current context of the out-of-
camp policy, the grant of the right to work - including work permits as well as other rights and
entitlements should be vested only in individuals that are formally granted a refugee status based
on the applicable law. For other categories - such as asylum seekers whose cases are pending –a
3 Samuel Hall Consulting (2014) ‘Living out of Camp: Alternatives to Camp-based Assistance for Eritrean Refugees
in Ethiopia’, commissioned by the NRC p.16, available at http://samuelhall.org/wp-
content/uploads/2014/05/Living-Out-of-Camp-Alternative-to-Camp-based-Assistance-in-Ethiopia.pdf(accessed 6
April 2017) 4 UNHCR, ‘Alternative to Camp’, available at http://www.unhcr.org/alternatives-to-camps.html (accessed 6 April
2017) 5 Samuel Hall Consulting (2014), Note 3, p 16.
8
final decision on status should be secured to qualify for the aforementioned rights and privileges
arising from refugee status.
In addition, as policies and legislations should be designed by taking into account both current
and future concerns, in terms of the scope of application, the out of camp policy and the
extension of the right to work as affecting refugees have been presented here not only from a
narrower prism of the national industrial park policy agenda, but also from the perspective of the
need for expanding the overall rights, entitlements and duties of refugees in Ethiopia.
3. Ethiopia’s Legislative and Policy Framework on Refugees
Ethiopia has a Federal political structure that comprises nine regional states and two Charter-
based cities under the federal administration.6 The legislative and policy arrangement is shared
between the Federal State and Regional States. The FDRE Constitution separates between laws
that are strictly adopted at the federal level and those that fall under the mandate of Regional
States. To mention a few, labour law, commercial law, criminal law, patent and copyright laws
are adopted at the federal level and uniformly applied across the regions.7 Moreover, the
promulgation of laws on issue relating to nationality, immigration, passport, exit from and entry
into the country, the rights of refugees and asylum falls under the command of the Federal
Government and the House of Peoples Representatives (HoPR).8 Further, the HoPR has broader
power to enact civil laws that are deemed to ‘establish and sustain one economic community’.9
The Constitution of Ethiopia has a whole chapter dedicated to listing fundamental human and
democratic rights that ought to apply to all Ethiopians. The basic human rights are also, through
interpretation, applicable to all human beings living within the Ethiopian territory. The
Constitution, under article 9(4), further provides that all international laws ratified by the country
shall be an integral part of the laws of the land. The HoPR ratifies international agreements that
are concluded by the GoE.10
International laws ratified by the HoPR are proclaimed in the
Negarit Gazeta for domestic usage.11
Ethiopia acceded to the 1951 Refugee Convention and its 1967 Protocol relating to the Status of
Refugees on 10 November 1969.12
Ethiopia has also signed and ratified the Convention
Governing Specific Aspects of Refugee Problems in Africa (hereinafter referred to as the African
6 Constitution of the Federal Democratic Republic of Ethiopia, Federal Negarit Gazeta, 1
st Year No.1, 21 August
1995 (hereinafter FDRE Constitution), Art.47 7 FDRE Constitution Art.55 (2), (3)
8 FDRE Constitution Art.55 (2) (e)
9 FDRE Constitution Art.55 (2) (6); although the House of Federation is mandated to provide for the list of civil
laws required to establish and sustain one economic community, so far the list has not been adopted (see Art.62 (8) 10
FDRE Constitution Art.55 (12) 11
FDRE Constitution Art.71(2) 12
United Nations Treaty Collection, Refugees and Stateless Persons, available at
https://treaties.un.org/pages/ShowMTDSGDetails.aspx?src=UNTSONLINE&tabid=2&mtdsg_no=V-
5&chapter=5&lang=en (accessed 5 April 2017).
9
Refugee Convention) in 1969 and 1973, respectively.13
With the overall objective of
implementing the international and regional obligations, the GoE enacted the Refugee
Proclamation No. 409/2004 (hereinafter the Refugee Proclamation).14
The Regulation for
specific implementation of such Proclamation has not yet been adopted. However, a draft
Council of Ministers Regulation has been prepared on Procedures for Examination and Decision
on Applications of Foreign Citizens or Stateless Persons for International Protection by the
Federal Democratic Republic of Ethiopia (FDRE) and the Rights and Duties of Refugees
(Amharic version) (hereafter Draft Regulation on Refugees).
Excerpts on the Rights, Privileges and Procedures established under the 2004 Refugee Proclamation
Article 2: the definition of key terms under the proclamation.
Article 3: defines the principle of non-discrimination.
Article 4: lists the criteria that should be fulfilled for a person to be considered as refugee in Ethiopia.
Article 5: provides reasons for exclusion from refugee status.
Article 6: provides on withdrawal of recognition of Refugee Status.
Article 7: provides on conditions for cessation of refugee status.
Article 9: establishes the principle of non-refoulement in the context of Ethiopia.
Article 10: provides for causes for expulsion of a person granted refugee status.
Article 11: is on conditions of temporary detention of a person whose expulsion has been ordered.
Article 12: provides on family unity and reunification for asylum seekers and recognized refugees
Article 13-19: provide procedures for the application for recognition of refugee status and determination.
Article 20: provides on general rights and obligations of an asylum seeker.
Article 21: provides on general rights and obligations of recognized refugees.
Article 22: extends special protection to vulnerable groups such as women refugees, refugee children,
elderly refugees and handicap who need special protection.
Article 23: provides on conditions for voluntary repatriation
Apart from the 2004 Refugee Proclamation which is more comprehensive and has direct
application on refugee related matters, there are other laws that have direct or indirect application
in specific contexts. These include:
The Ethiopian Nationality Proclamation No.378/2003;
Labour Proclamation No.377/2003;
Ethiopian Criminal Code Proclamation No.414/2004;
Investment Proclamation No.796/2012 as amended by Investment (amendment) Proclamation No.
849/2014;
Ethiopian Federal Civil Servant Proclamation No.515/2007;
13
African Commission on Human and People’s Rights, Ratification Table: AU Convention Governing Specific
Aspects of Refugee Problems in Africa available at http://www.achpr.org/instruments/refugee-
convention/ratification/ (accessed 5 April 2017). 14
Federal Negarit Gazeta of the Federal Democratic Republic of Ethiopia, Refugee Proclamation No.409/2004
(hereinafter Refugee Proclamation No.409/2004), Preamble: Para 3
10
Proclamation Providing Foreign Nationals of Ethiopian Origin with Certain Rights to be Exercised in
their Country of Origin No.270/2002;
Public Health Proclamation No.200/2000;
Social Health Insurance Proclamation No.690/2010;
Public Servants’ Pension Proclamation No.714/2011 and Public Servants’ Pension (amendment)
Proclamation No.907/2015;
Commercial Registration and Business Licensing Proclamation No.686/2010 as amended by Commercial
Registration and Business Licensing (Amendment) Proclamation No.731/2012;
Private Organization Employees’ Pension Proclamation No.715/2011;
The National Intelligence and Security Service Re-establishment Proclamation No.804/2013;
Registration of Vital Events and National Identity Card Proclamation No.760/2012;
Higher Education Proclamation No.351/2003;
Technical and Vocational Education and Training Proclamation No.391/2004;
Inventions, Minor Inventions and Industrial Design Proclamation No.123/1995;
Copy Right and Neighboring Rights Protection Proclamation No.410/2004;
Commercial Code of Ethiopia (1960);
Civil Code of Ethiopia (1960), (art. 1126-1645 related to property rights and does not entail parts that are
repealed);
Proclamation to Provide for the Definition of Powers and Duties of the Executive Organs of the Federal
Democratic Republic of Ethiopia, Proclamation No.691/2010;
While there is no comprehensive policy that directly deals with refugees, the issues of refugees
are often cross cutting - and hence all sectoral policies on health, education, social security,
employment, etc. would be applicable if the refugee protection regime and service delivery are
expanded.
4. Compatibility of Existing Refugee Laws in Ethiopia with International Standards
The 2004 Refugee Proclamation and the Draft Regulation on Refugees are the only regulatory
frameworks wholly devoted to refugees. In the case of the Refugee Proclamation - which was
enacted with the overall objective of implementing international and regional standards on
refugees, the level of compatibility could be summarized as follows:
The underlying minimum standard under the Refugee Convention is that refugees should
be treated as favorably as possible and in any manner no less favorably than foreign
nationals. Hence, under similar circumstances, the treatment accorded to refugees should
not be less than that extended to foreign nationals.
Most of the provisions of the Refugee Proclamation are devoted to refugee determination
criteria, conditions for revoking such status, procedures for refugee status determination
and modalities of appeal.
The definition of refugees and the criteria for determining refugee status are featured both
under the 1951 Refugee Convention, the 1967 Protocol and the African Refugee
Convention. However, in contrast to the expanded definition of refugees provided under
11
the African Refugee Convention, the Refugee Proclamation took a narrower scope as it
only refers to refugees coming from Africa under article 4(3).
In terms of rights, the Refugee Proclamation provides the principle of non-discrimination
and non-refoulement - fundamental rights also provide for under the Refugee Convention.
Provisions of the Proclamation relating to exclusion from refugee status, cessation of
refugee status and causes for the expulsion of a person accorded refugee status are in line
with the Refugee Convention.
The Proclamation further provides for family unity under article 12 by allowing the family
of an asylum seeker and recognized refugees to be brought to Ethiopia and bestowed the
same rights and duties as a recognized refugee. The scope of the term ‘family’ under the
Refugee Proclamation nuclear that includes spouse and single children under the age of
eighteen years old as provided (article 2(8)).
One important but incomplete right under the Refugee Convention is what is provided as
‘Rights and Obligations of Recognized Refugee’ under article 21. This provision lists
three specific rights - the right to remain in Ethiopia, to be issued an identity document
attesting refugee status and to be granted travel document for the purpose of travelling
outside of Ethiopia. One general rights framework has also been provided which reads that
refugees shall be ‘entitled to other rights under the Refugee Convention and African
Refugee Convention’ - without listing the rights or transforming such rights in domestic
terms. This has created ambiguity in terms of how to interpret and enforce the rights set
forth under the 1951 Refugee Convention and the African Refugee Convention.
Another exception to the aforementioned general rights framework is that despite the
rights under the Refugee Convention, the Security, Immigration and Refugee Affairs
Authority (currently the National Intelligence and Security Services - NISS) is mandated
under Proclamation No.804/2003 to designate places and areas where refugees, asylum
seekers and their family may reside - which is the basis for Ethiopia’s current refugee
encampment policy.
Article 21(1)(d) of the Refugee Proclamation (on general rights and obligations of
refugees) could be spelled out in specifics based on the privileges and entitlements
extended to refugees under the 1951 Refugee Convention and the African Refugee
Convention. In addition, the general human rights framework, and particularly, the
International Covenant on Civil and Political Rights (ICCPR) and International Covenant
on Economic, Social and Cultural Rights (ICESCR) to which the State of Ethiopia is a
party should be taken into account while expanding and coining the rights and
entitlements accorded to refugees.
The protection of vulnerable groups such as refugee children, elderly and handicap who
require a special attention is recognized under the Proclamation - which constitutes a
commendable undertaking. In this regard, it can be said that the Proclamation provides
more favorable treatment than the 1951 Refugee Convention.
12
The special interest of unaccompanied and separated refugee children and the core
principles that guide any intervention in relation to children (such as the best interest of
the child, the right to be heard and respect for their views) are not specifically spelled
under the Proclamation although the ‘best interest of the child’ principle receives
widespread recognition in national and international practice.
In a nutshell, the Proclamation does not provide specific rights and duties of refugees -
including those relating to juridical status, involvement in remuneration/gainful activities,
welfare and basic rights and freedoms - which are part of the 1951 Refugee Convention.
5. General Principles, Rights and Entitlements of Refugees under the Draft Regulation on
Refugees
The Draft Regulation on Refugees (Amharic version) outlines the important rights and duties of
refugees. These rights are based on (and often cross-referred to) the applicable laws of the land;
the regulation makes specific reference under each right to such applicable laws and standards as
are provided under separate legislations. These rights include
the right to work;
the right to association;
the right to movement and freely choose residence;
the right to property;
the right to education.
These rights are provided not as absolute or automatic rights - but are subjected to the dictates of
‘existing applicable laws’ of the country.
Other entitlements as far as refugees are concerned include:
the issuance of work permit;
opening a bank account;
application for a driving license,
access to travel document;
application for nationality;
local integration, and
access to vital registration schemes.
Some of the rights and entitlements and their exceptions under the Draft Regulation have been
formulated by taking into account the domestic legislations as well as national interest of the
State of Ethiopia.
One basic problem under the Draft Regulation is that the rights and privileges accorded to
refugees are outlined in broader sense – a model that should rather be left to the new
proclamation on refugees. Regulations are not expected to create or outline principles, rights and
13
privileges but provide specific modalities and procedures informing how such rights and
privileges should be implemented.
6. Normative Assessment of the Refugee Proclamation and the Draft Regulation on
Refugees in Light of the 1951 Refugee Convention
Taking into account the level compatibility between domestic laws (including the Draft
Regulation) and international standards, the rights that are recommended to be included in the
process of designing a new Proclamation on Refugees and inform the constitution of the Draft
Regulation on Refugees are the following:
Civil Rights and Freedoms for Refugees
Freedom from non-discrimination;
Religion practice subject to applicable laws, the rights of others, national interest, public moral, safety
and health;
Freedom of movement, legal residency status and continuity of residence;
Right to association;
Public participation;
Access to court and equality before the law;
Protection of liberty and security of refugees and their families;
The right to be protected from forced or compulsory labour;
Access to vital registration in general and birth registration in particular for refugee children;
Socio-economic rights and welfare
Property rights;
o Moveable and immovable;
o Artistic rights and industrial property;
Employment rights;
o Wage earning employment;
o Self-employment;
o Liberal profession;
Transfer of assets;
Issuance of driver’s license;
Access to housing;
Access to education;
Access to public relief;
Social security;
Durable solutions;
Some of these rights and privileges are included under Chapter Three of the Draft Regulation on
Refugees (titled ‘Rights and Duties of Refugees’). However, since regulations are adopted to
give effect to rights clearly recognized under superior laws (in Ethiopia’s case, proclamations)
and since regulations cannot on their own establish substantive rights, Ethiopia’s current Refugee
Proclamation should first and foremost be transformed to include basic principles and
substantive formulations that institute such rights and duties of refugees.
14
6.1. Civil rights and freedoms of refugees
6.1.1. Non-discrimination
The issue of refugees’ rights, in a nutshell, is all about non-discrimination and justifiable
discrimination on rights and entitlements while residing in a foreign country. In the context of
refugees, the non-discrimination clause should be seen from the perspective of:
the refugees themselves,
refugees versus other foreign nationals found in the State for different purposes -
including employment, and
refugees versus nationals.
In this regard, a general non-discrimination clause must be established under the new Refugee
Proclamation affecting the relationships between refugees in the exercise of rights and privileges
and the discharge of duties.
With regard to non-discrimination principle applying between refugees and other foreign
nationals lawfully found in the territory, it should be clearly established under the new Refugee
Proclamation that refugees should not be treated less favorably; in many instances, such
treatment should favor refugees due to their dire situations and requirements of special
assistance.
Refugees may not get the same rights, privileges and duties as nationals, but in some specific
situations such as involvement in gainful employment activities, it is self-evident that the
conditions of work, employment benefits and all other employment-related rights and duties
should be the same as nationals. This should be clearly established under the new Refugee
Proclamation.
The aforementioned civil rights, freedoms and entitlements should also be respected and
protected to all refugees on par with nationals. These civil rights and freedoms are intrinsic to
humanity and human dignity and hence they should be extended to every human being living in
any jurisdiction.
On the other hand, socio-economic rights are established as duty on the part of states and their
implementation requires economic capacity. In this regard, the implementation of every right in
Ethiopia should be considered in context and such right would be fulfilled only progressively -
with strict assistance from the international community and development partners. However, the
GoE has already been discharging the core obligations - providing refugees with social services
such as food, shelter, health care, primary education and other basic entitlements; this should
remain intact and new laws should be designed to accommodate current and future government
capacities as well as the needs of refugees.
6.1.2. Freedom of religious practice
Freedom of religious practice is one of the fundamental rights bestowed on all humans.
International law as well as core human rights instruments provide the right to freedom of
15
religion as one of the core areas where persons should not be discriminated against or the rights
could not be unduly restricted.15
The exercise of the right comes with limitations provided by law
that are necessary to protect public safety, order, health, morals or the fundamental rights and
freedoms of others.16
In the context of refugees, the 1951 Refugee Convention stipulates that refugees should be
accorded similar treatment as that of nationals - both with respect to the right to freedom of
practicing religion and freedom relating to religious education of children.17
The rights as well as
the limitations applicable to nationals should be the same as those imposed in relation to
refugees.
The new Refugee Proclamation needs to include a specific provision on the right to freedom of
religious practice that is compatible with the 1951 Refugee Convention.
6.1.3. Freedom of movement and residence
Freedom of movement and the right to freely choose residence is provided under article 26 of the
1951 Refugee Convention as a right extended to refugees and an obligation of the hosting state.
Such right is not an absolute right, though; in fact, the pertinent provision provides that freedom
of movement and the right to freely choose one’s residence is subject to regulations applied in
respect of aliens in the same circumstance.
Hence, a state may legitimately restrict refugees from exercising the right to free movement and
choice of residency in certain circumstances; but any such restrictions must be similar to those
applied in respect of other foreign nationals in similar situations. In other words, states could not
impose restrictions that target only refugees.18
In this light, it would be noted that the refugee
encampment policy applied by many states is not generally consistent with the 1951 Refugee
Convention.
Under article 21(2), the Refugee Proclamation gives the mandate to the Head of the NISS to
‘designate places and areas in Ethiopia within which recognized refugees, persons who have
applied for recognition as refugees, and family members thereof shall live, provided that the
areas designated are in a reasonable distance from the border of their country of origin or of
former habitual residence.’ It should be underlined that, a cumulative reading of article 21(1) (d)
15
Universal Declaration on Human Rights UDHR (1948), Art.2; International Covenant on Civil and Political
Rights Art.2; International Covenant on Economic and Cultural rights Art.2(2); and all the nine core human rights
instruments under the non-discrimination clause provide that religion is one of the grounds where discrimination is
prohibited. 16
UDHR Art.18, ICCPR Art.18 17
Convention Relating to the Status of Refugees, United Nations Conference of Plenipotentiaries on the Status of
Refugees and Stateless Persons convened under General Assembly Resolution 429 (V) of 14 December 1950, entry
into force 22 April 1954 (hereinafter Refugee Convention (1951)), Art.4
18 Grahl-Madsen, Atle, Commentary on the Refugee Convention 1951, Articles 2-11, 13-37, Division of International
Protection of the United Nations High Commissioner for Refugees, Geneva, 1997, available at
http://www.unhcr.org/3d4ab5fb9.pdf (accessed 11 April 2017)
16
and 21(2) provides that the right of refugees to freely move is the rule and the designation of
restricted areas (and hence restriction of freedom movement) is the exception.
However, the current application of article 21 of the Refugee Proclamation does not seem to
capture the spirit of the Refugee Convention which has provided, under article 26, freedom of
movement and residence of refugees and prohibits states parties to the Convention from any
restriction on freedom of movement and residency targeting only refugees.
While the GoE does not seem to have any specific law for the grant of such privilege, in practice,
freedom of movement has to some extent been enjoyed through the out-of-camp scheme in
relation to Eritrean refugees. Now, the issue would be about formalizing and expanding such
entitlement for other refugee categories.
In the context of formalizing and further expanding the out-of-camp scheme and employment
opportunities, the new Refugee Proclamation, when designed, should provide for a clear
provision outlining the right to freedom of movement and freely choose a place of residence.
Practically, as the out-of- camp scheme is a relatively new exercise, the GoE could well provide
through regulation or directives how the such right is going to be actually implemented, and list
out any exceptions or restrictions based on national interest considerations such as restrictions in
the context of overcrowding etc.
For refugees that will be granted employment opportunities based on the industrial policy of the
country and/or bilateral and multilateral arrangement between the GoE and other development
partners/financial institutions, the scope of the right to freedom of movement and freely choose
residence should broadly provide rights that are the same as those exercised by nationals, which,
of course, would need to come up with strict exceptions and restrictions that may be appropriate
in particular settings.
6.1.4. Right to association and public participation
The right to join an association is one of the rights of refugees provided under the 1951 Refugee
Convention. The Convention qualifies the right to freedom of association by restricting the areas
of engagement to ‘non-political’, ‘non-profiting associations’ and ‘trade unions’ in the context of
employment.
Non-profit associations are organizations of non-pecuniary nature and may include associations,
charities, cooperatives or other voluntary organizations formed to advance cultural, educational,
professional, public service, sports, social or philanthropic ends.19
Political associations are
organizations that are established for political ends - including the promotion of political agenda
and standing in elections.
19
Non-Profit- Organizations (NPOs), available at http://www.businessdictionary.com/definition/non-profit-
organization-NPO.html (accessed 12 April 2017)
17
Trade unions are organizations comprising of workers and union leaders of organizations which
aim at promoting and protecting the rights and interest of members in workplaces.20
In the
context of refugees, membership in a trade union presumes that they should be allowed to work
i.e., they are granted the privilege of being involved in wage-earning activities as per article 17
of the Refugee Convention.
While the Refugee Proclamation does not provide for a similar provision, the Draft Regulation
has clearly stipulated that refugees shall have the right to participate and organize in non-political
and charitable organizations as well as in trade unions. This is a very important provision -
particularly for refugees that will be engaged in gainful activities.
One dimension of such right that should be considered while drafting the new Refugee
Proclamation is the right to public participation of refugees which may entail participation in the
affairs of local community and local administration. If the existing refugee protection and service
modalities are expanded as suggested above, it is expected that most of the refugees will at some
point be integrated to the local communities - which therefore entails their participation. Such
inclusion of refugees in the decision making processes of community-based and local
organizations will have the potential to facilitate the smooth local integration process of refugees,
which is only inevitable in implementation of the Jobs Compact Project and other similar
initiatives. A clear stipulation to such effect will be very helpful.
6.1.5. Access to court and equality before the law
Article 16 of the Refugee Convention imposes on Contracting States the obligation to grant ‘free
access to courts of law’. Among rights and entitlements under the Convention, access to court is
a right which must be accorded to refugees on the same level as nationals. Such right should
include the provision of legal assistance - which often is one of the fundamental services sought
by refugees.21
According to the textual interpretation of the provision, the right only guarantees
access to court but not access to administrative authorities and other quasi-judicial authorities;22
however, as a minimum standard of treatment, article 16 of the Refugee Convention does not
preclude granting right of access to authorities. This is particularly true in circumstances where
out-of-camp schemes are pursued, employment rights are extended or services granted to
refugees are expanded; in such settings, it would only be imperative to allow refugees access
administrative authorities and other quasi-judicial structures depending on the context of the
problems they encounter.
20
Trade Unions, available at http://dictionary.cambridge.org/dictionary/english/trade-union (accessed 12 April
2017) 21
Refugee Convention (1951), Art.16(2) 22
Rosa da Costa, Rights of Refugees in the Context of Integration Legal Standards and Recommendations, Legal
and Protection Policy Research Series, United Nations High Commissioner for Refugees (UNHCR)
POLAS/2006/02 June 2006 p 135, available at http://www.unhcr.org/44bb90882.pdf (accessed 11 April 2017)
18
Another dimension of the right of refugees that pops in this contest and is a fundamental part of
judicial guarantee and access to courts is the principle of equality before the law;23
it is surprising
to note that this right has not been provided under the 1951 Refugee Convention. Such
procedural safeguard is universally recognized as fundamental human rights value and is
absolutely vital for refugees - particularly when they live and work under the out-of-camp
arrangement.
In the context of industrial parks and other work sites located far from where judicial institutions
are located, such procedural requirement would also presume taking measures that ensure
physical access to such facilities. Moreover, it should be noted that the provision of legal aid
services - subject to regulatory requirements, must be extended to refugees through clear legal
stipulation under the new Refugee Proclamation.
6.1.6. Protection of physical security of refugees and their families
Physical security is an important right for refugees given their special circumstances and the fact
that they are found in a foreign territory. The protection of physical security of refugees mainly
encompasses ‘securing of their areas of residence or taking steps to prevent their safety from
being jeopardized.’24
The other dimension of physical security of refugees relates to recruitment of refugees for armed
activities. The situation of refugees - including asylum - is considered as humanitarian condition
and should be protected strictly. According to UNHCR’s Protection Guidelines Relating to
Refugee Security, ‘the recruitment of or volunteering by refugees for participation in armed
activities contradicts the humanitarian and peaceful nature of the institution of asylum.’25
Hence,
even when refugees volunteer to take part in armed activities, states should impose strict
restrictions. In is however be noted that such right is not included under the 1951 Refugee
Convention.
In the context of out-of-camp policy, the fact that refugees will be allowed to live and work
outside confined spaces means that they will mingle and share resources with host communities.
In countries where there is scarcity of resources and limitations in terms of delivering social
services, the issue of conflict and xenophobia may be apparent. In this regard, the law should
specifically guarantee that the physical security of refugees is protected. The regulatory
framework should also provide on specific modalities on how such protection is enforced.
Similarly, refugees should be guaranteed the right not to be recruited or voluntarily participate in
any kind of military activities as the issue of physical security in such contexts entails protection.
23
The principle of equality before the law, in current usage, refers to procedural equality and not absolute
substantive equality as refugees may be restricted based on justifiable grounds from exercising certain rights that are
reserved to nationals. 24
UNHCR, Protection Guidelines Relating to Refugee Security para 1, available at
http://www.refworld.org/pdfid/4124bee54.pdf (accessed April 13, 2017) 25
UNHCR, Protection Guidelines Relating to Refugee Security para 2, available at
http://www.refworld.org/pdfid/4124bee54.pdf (accessed April 13, 2017)
19
6.1.7. The right to be protected from forced or compulsory labour
According to the ILO, forced labour means ‘all work or service which is exacted from any
person under the threat of a penalty and for which the person has not offered himself or herself
voluntarily.’26
In simple terms, forced labour entails forcing an individual to do work that he/she
has not agreed to, by using force or under the threat of punishment. The Refugee Convention
does not contain a similar provision.
Although Ethiopia has ratified the ILO Convention No.29 on Forced Labour and hence it is part
of the national legal setting, it is imperative to specifically extend such fundamental right to
refugees under the new Refugee Proclamation. Particularly, in the context of the out-of-camp
policy and the initiative of allowing refugees to work, the right to be protected from
forced/compulsory labour constitutes a fundamental right that needs to be specifically regulated
under domestic law.
6.2. Socio-economic rights and welfare for refugees
In comparison to civil and political freedoms, the extension of socio-economic rights is often
contentious in the context of refugees. This has two dimensions: one from the side of the state
who does not want to be duty-bound by a pledge that requires resource intensive obligation. The
other is from the perspective of the society who may not be willing to share resources -
particularly when such initiative compromises its interests in terms of access to and quality of
public services received.
Issues relating to the provision of adequate social services and economic opportunities to
refugees would be exacerbated in most developing countries that struggle to meet the basic needs
of their own citizens. In the context of developing countries, therefore, the provision of social
services and economic opportunities to refugees should come with strict and sustainable support
from the international community and development partners.
The main socio-economic rights that should be incorporated under a new Proclamation on
Refugees are presented below.
6.2.1. Property rights
In terms of property rights, the Refugee Convention recognizes both corporal properties (things
that have material existence) and incorporeal properties (things that do not occupy space and do
not have material existence) as chattels that could be owned by refugees.
Corporal things can be classified as movable and immovable things - a classification based on
mobility. Movables are things that can be moved by themselves or others without losing their
individual character. For transfer and transaction purposes, the law further provides special
26
International Labour Organization (ILO) Convention concerning Forced or Compulsory Labour (No.29) (Entry
into force: 01 May 1932) Adoption: Geneva 14th
ILC session (28 Jun 1930) Art.2; and International Labour
Organization (ILO) Protocol of 2014 to Forced Labour Convention 1930 (Entry into force: 09 Nov 2016) Art.1(3)
20
movables such as motor vehicles within such category.27
Under Ethiopia’s property law,
immovable things are listed as including only land and buildings.28
Incorporeal things may cover intangible chattels, rights and claims that have economic value and
may be expressed by numbers of money values - such as rights and claims of copy right, patents,
shares, bonds and bills of exchange.29
6.2.1.1. Moveable and immovable things
Article 13 of the Refugee Convention provides that Contracting States should exert best
endeavors to ensure that refugees are granted a right to acquire both movable and immovable
property. As a minimum requirement, states should accord refugees the same treatment as
foreign nationals in their territory. From the wording of the Convention, it is clear that the basic
requirement is treatment ‘as favorable as possible’ and if not, no less favorable than foreign
nationals.
The provision further provides that refugees should be granted a right to lease as well as other
rights that may arise in connection with movable and immovable properties such as mortgaging,
administration of property and sale.
One fundamental consideration provided under the Refugee Convention in this respect is that the
standard requirement that should be extended to refugees is their treatment on par with other
foreign nationals. This does not however mean that better/more favorable treatment may not be
accorded to refugees.
Currently, Ethiopia’s law provides that no foreigner may own immovable property except in the
context of a status accorded as foreign investor.30
In the context of out-of-camp scheme and the grant of employment opportunities for refugees, it
would be imperative to expand the existing property rights regime so as to allow refugees
adequate access to and benefits from movable and immovable property. Such expansion of rights
should be further extended once a refugee fulfills the criteria for local integration.
6.2.1.2. Artistic rights and industrial property
One important dimension of the right to property in the context of the Refugee Convention is the
recognition of artistic and industrial rights. In a nutshell, these are intellectual property rights of a
refugee which may include ‘inventions, designs or models, trademarks, trade names and of rights
in literary, artistic and scientific works’ as provided under article 14 of the Convention. In this
regard, the Refugee Convention obliges Contracting States to grant the same protection as
27
Civil Code of Ethiopia, articles 1126-1139 28
Civil Code of Ethiopia, article 1130 29
Civil Code of Ethiopia, article 1128; Commercial Code of Ethiopia (1960) article 325, 715-719, 825, see also
Inventions, Minor Inventions and Industrial Design Proclamation No.123/1995, Copy Right and Neighboring Rights
Protection Proclamation No.410/2004 30
Civil code of Ethiopia, article 390 and Investment Proclamation No.796/2012, Investment (amendment)
Proclamation No.849/2014 article 24
21
nationals. This is another area where a refugee shall be treated similarly, without any justifiable
discrimination, in par with nationals.
Like most other rights and entitlements, the granting of intellectual property rights to refugees
should not only be seen from the point of view of the benefits of refugees but also the advantages
procured to the host country. Such approach encourages refugees to be inventive and productive,
a fact which incidentally impacts the socio-economic development of Ethiopia.
6.2.2. The right to work
The right of refugees to work is provided under Chapter Three of the Refugee Convention. The
Convention provides three different gainful activities where refugees could be engaged: wage-
earning employment, self-employment and liberal profession.
Wage earning employment is provided under article 17 (1) of the Refugee Convention which
stipulates that refugees should receive ‘the most favorable treatment’ compared to foreign
nationals in similar circumstances. What constitutes ‘wage-earning employment’ is not provided
under the Convention; but from other provisions of the Convention, it could be understood as
broadly covering all kinds of employment which do not fall under self-employment or liberal
professions.31
This may cover factory workers, state employees, state enterprises such as postal
services and state owned factories (all subject to domestic laws that allow the hiring of foreigners
in public services and state administrative organs), farmhands, office workers, salesmen, waiters
etc. that entail employer-employee relationship.32
However, while the Convention indicates that the treatment accorded to refugees in relation to
wage-earning activities should be most favorable compared to other foreign nationals, it does not
extend treatment similar to that of nationals. Hence, the extension of such elevated right is a
privilege which could be subjected to applicable domestic laws.
Article 15 of the Ethiopian Federal Civil Servant Proclamation No.515/2007 provides that
foreign nationals (with the exception of foreign nationals of Ethiopian origin - subject to rights
stipulated under Proclamation No.270/2002)33
may not be eligible to be civil servants. In the
case of other wage-earning employments, article 174 of Ethiopia’s Labour Proclamation
provides that all foreign nationals are required to acquire specific work permit before they could
be engaged in any type of work in Ethiopia.
The second gainful activity listed under article 18 of the Refugee Convention is self-
employment. A refugee, lawfully found in the territory of a Contracting State, should be granted
conditions ‘as favorable as possible but not less than other foreign nationals’, to engage in self-
employment and establish commercial and industrial companies.
31
Grahl-Madsen, Atle (1997), Article 26, Wage-earning Employment 32
Ibid 33
Proclamation No.270/2002 Providing Foreign Nationals of Ethiopian Origin with Certain Rights to be Exercised
in their Country of Origin under article 5(2) and 6(2) provides that foreign nationals of Ethiopian origin shall have
the right to be employed in Ethiopia without work permit in all sectors but National Defense, Security, Foreign
Affairs and other similar political establishments.
22
The self-employment modalities, as provided under article 18, may include agriculture, industry,
handicrafts and commerce/trade. The provision indicates that the sectors in which refugees could
be self-employed are quite broad;34
in this regard, the different body of domestic laws that apply
in various contexts - such as the Commercial Registration and Business Licensing Proclamation
No.686/2010 (as amended by Commercial Registration and Business Licensing Proclamation
No.731/2012) should be taken into consideration. The laws on self-employment schemes have
predominantly been designed to apply only to Ethiopian nationals - except for the Investment
Proclamation that grants entitlements to foreign nationals.
The third category of gainful activity provided under article 19(1) of the Refugee Convention is
liberal profession. Traditionally, ‘liberal professions’ include those that require special training
and the provision of intellectual service, acting on one’s own without being employed by a state
or another employer; such may include lawyers, medical doctors, dentists, veterinarians,
engineers, architects, accountants, interpreters etc.35
For a refugee to benefit from this provision, he/she should possess a diploma accredited by
competent authority of the hosing State. Although the meaning of the term ‘diploma’ is not
provided under the Convention, commentators have submitted that the term should be
understood broadly to include ‘degree, examination, admission, authorization and completion of
course’.36
In any case, the new Proclamation and Draft Regulation should clearly define what
constitutes ‘diploma’ that would qualify a refugee to benefit from such privilege. Generally, the
provision states that refugees with a diploma should be treated as favorably as possible and as a
minimum standard, no less favorably than foreign nationals in the territory.
The other issue that should be raised in relation with the right to work is the issue of labour
legislation and its content in the context of refugees. Article 24 (1)(a) of the Refugee Convention
provides that in terms of employment rights and benefits such as remuneration and family
allowance, hours of work, overtime arrangements, holidays with pay, restrictions on homework,
minimum age of employment, apprenticeship and training, works by women and young people,
refugees should be accorded the same treatment as nationals. If Ethiopia is going to allow
refugees to into work, then such employment rights and benefits would need to be legislated
under the new Refugee Proclamation on a par as nationals; alternatively, equal treatment could
be established as a principle under the new Refugee Proclamation and a cross-reference made to
the Labour Proclamation for detailed regulation of the rights.
It should be noted that Ethiopia has entered a reservation on article 17(2) of the Refugee
Convention and declared that it only considers this provision as a recommendation and not as
34
Commercial Registration and Business Licensing Proclamation No.686/2010 as amended by Commercial
Registration and Business Licensing (Amendment) Proclamation No.731/2012 is not applicable to foreigners in
general; foreigners in the context of businesses fall under the Ethiopian Investment Proclamation. 35
Ibid 36
Ibid
23
legally binding stipulation.37
Ethiopia did not however make reservation entailing the treatment
of refugees less favorably than other foreign nationals in wage-earning employment; instead, it
declared that it is not obliged to exempt refugees from restrictive measures to protect the national
labour market and to allow refugees to work only upon fulfilling certain criteria as stated under
article 17(2)(a-c).
In the current scenario, Ethiopia’s domestic laws provide the types of gainful activity reserved
for nationals and others work categories that may be open to foreign nationals. The new Refugee
Proclamation should provide the right to work of refugees as a general principle and specify the
types of activities that would be permissible to refugees. The details or modalities of
implementation should be part of the Draft Refugee Regulation.
6.2.3. The issue of work permit
Regarding the issuance of work permit for foreigners, article 174(1) of Ethiopia’s Labour
Proclamation 377/2003 provides that any foreign national may be employed in any type of work
in Ethiopia only when s/he possesses a work permit issued by the Ministry of Labour and Social
Affairs (MoLSA). Under 174(2), a work permit shall be issued for a specific type of work for
three years and shall be renewed every year. The Ministry may change the three years duration
of the work permit. Further, the Ministry has the mandate to cancel a work permit upon
ascertaining that the foreigner is no longer required for the work. The Ministry may also charge
for the service of issuance, renewal and replacement of work permits in accordance with the
law.38
The Labour Proclamation under article 170(e) further provides that the Minister may issue
directives on the ‘types of works which require work permits for foreigners and in general the
manner of giving work permits’.
As indicated above, the Refugee Proclamation does not provide a right to work for refugees.
However, the Draft Regulation recognizes refugee’s right to work under article 23 - a stipulation
which appears to have very limited scope in terms of which refugee’s benefit from such scheme.
A few pointers are worth mentioning here.
No provision in the Draft Regulation provides how the right to work could be exercised in
relation to getting a work permit - except that the limited possibility of the grant of a work
permit is indicated in the context of ‘refugees that graduate from higher institutions’ who
wish to engage in activities that are allowed for foreign nationals.
Although the provisions of Draft Regulation indicate the ‘applicability of other laws to
this effect’, at a special objective and policy drive is now anticipated at the national level
and hence the right to work and the grant of work permits to refugees should be
37
UNHCR, Convention Relating to the Status of Refugees, Geneva 28 July 1951, Ethiopia p.7-8, available at
http://www.unhcr.org/cgi-
bin/texis/vtx/search?page=search&docid=3d9abe177&query=1951%20Refugee%20Convention (accessed 11 April
2017) 38
The Ethiopian Labour Proclamation No.377/2003, article 174(4)
24
established through clear principles so as to circumvent needless ambiguity now witnessed
in the law.
Of course, the GoE will decide on a case by case basis in terms of how many refugees
should be issued work permits, once the principle is clearly established.
The Draft Regulation is also silent on the question of which line ministry or ministries and
other government agencies are mandated to grant work permit for the different types of
activities that refugees may engage in.
In case a refugee with work permit has a spouse and dependents within the country, the
issuance of work and resident permits for his/her family is also an issue that should be
clarified under the new Refugee Proclamation and further detailed under the Draft
Refugee Regulation.
The current approach of the Refugee Proclamation is that families of a recognized refugee
shall be granted all rights and be subjected to all duties as are vested on the recognized
refugee. If such approach is to be adopted for extending the right to work, then the new
Refugee Proclamation should include a clear provision to such effect and furthermore, the
Draft Refugee Regulation should provide detailed procedures for enforcement.
The new Refugee Proclamation as well as the Draft Refugee Regulation should be
designed to be flexible enough to promote refugees’ right to work; they should in
particular follow an inclusive approach in granting work permit that enables refugees to be
engaged in different sectors and money generating activities in line with the policy
direction of Ethiopia as well as its international commitments.
6.2.4. Issuance of driver’s license
The issuance of driving license was not a subject of particular consideration under the Refugee
convention; perhaps, during the adoption of the Convention, a driver’s license was not seen as an
integral part of life as well as a means to earn a living. Although such a standard is not provided
under the Convention, based on the general sprit of the Convention which focuses on treatment
‘as favorably as possible and no less than foreign nationals in similar situations’, the issuance of
driver’s license to refugees should be considered based on the ‘favorable treatment’ principle;
such approach is imperative given the dire situation of refugees and the possibility of their
indefinite stay in host countries.
The issuance of a driver’s license could also be linked to the employment opportunity accorded
to refugees in pursuing particular aspects of the industrial policy objectives and other similar
initiatives. The issuance of a driver’s license or recognition of a foreign driver’s license should
entail fulfilling certain requirements. In either case, the refugee identification card should be
sufficient to get such services.
6.2.5. The right to housing
The right to housing is a fundamental human right that should be fulfilled for everyone. In
contemporary human rights jurisprudence, the right to housing entails different entitlements
25
including non-discriminatory access to adequate housing, security of tenure, property restitution,
participation in housing-related decision making at the national and community levels, the right
to be protected from forced eviction, freedom from arbitrary interference, the right to privacy,
and the right to choose a place of residence; it also includes such elements like availability of
services and infrastructures, affordability and cultural adequacy.39
In the context of refugees, although the interpretation of the right to housing is related to general
property rights regime of a country that regulates how immovable property is acquired and by
whom, certain elements of the right such as non-discrimination in accessing adequate housing
and legal status to rent, protection from forced eviction, availability of service, affordability and
cultural adequacy are quite fundamental for refugees that live in an out-of-camp arrangements
and for those accorded with employment opportunities.
Article 21 of the 1951 Refugee Convection provides that states and their administrative
machineries should provide favorable treatment to ensure refugees’ access to housing, and in any
event, no less favorable treatment than that granted to foreign nationals in the same situation.
In the context of the out-of-camp scheme and in cases of allowing refugees to work in gainful
activities, states should devise mechanisms to allow refugees to have access to adequate housing.
In the normative front, while drafting the new Refugee Proclamation and in the process of
finalizing the Draft Regulation, due regard should be given to include such entitlement for
refugees so as to enable them access housing in practice.
6.2.6. Access to bank services
The 1951 Refugee Convention does not contain a provision regarding the right of refugees to
access bank services - a right which has become an important entitlement in today’s world. In the
out-of-camp arrangement and in cases where refugees are allowed to work, access to bank
services becomes a crucial entitlement which refugees must enjoy.
The Refugee Proclamation does not have a provision providing for such entitlement; however,
under the Draft Regulation, refugees’ entitlement to use bank services has been provided in clear
terms. Yet, the only privilege refugees have been granted in this regard relates to opening bank
account for purposes of saving and to withdraw money. A few pointers of interest in this context
include the following.
Other bank transactions such as remitting money to families abroad is not provided -
although this would inevitably be vital given the peculiar needs of refugees involved in
gainful activities.
In this regard, it could be stated that refugees are treated less favorably than other foreign
nationals residing in Ethiopia.
39
Office of the United Nations High Commissioner for Human Rights and UN-Habitat, ‘The Right to Adequate
Housing’, Fact Sheet 21/Rev.1 p.3-4,
available at http://www.ohchr.org/Documents/Publications/FS21_rev_1_Housing_en.pdf (accessed 17 April 2017)
26
Depending on what the GoE wishes to achieve and how it desires to portray itself to the
global cause on refugees, the new Refugee Proclamation could include a clear provision to
such effect.
6.2.7. Transfer of assets
One important aspect of a refugee status is that it is generally considered as temporary unless a
durable solution is sought. In cases of opting for local integration and naturalization as durable
solution, the issue of transfer of assets may not be important. However, in instances where
refugees are voluntarily repatriated or resettled into a third country, transferring their assets from
the host country becomes an important undertaking. This is particularly vital when refugees had
involved in gainful activities in which case the accumulation of assets bought with their
remuneration is inevitable.
In this regard, the new Refugee Proclamation and the Draft Refugee Regulation should take into
account the entitlement of refugees under article 30 of the Refugee Convention which states that
refugees should be allowed to transfer their assets to a country where they are admitted for
resettlement - in line with domestic laws and regulations.
Here, it should be noted that the right to transfer assets has been provided only in the context of
resettlement. Since the Refugee Convention sets only minimum standards of treatment for
refugees, such formulation should not be conceived as precluding more favorable treatment of
refugees as part of the general protection modalities. In line with this argument, therefore, the
new Refugee Proclamation should include a provision which allows the right to transfer assets in
cases of voluntary repatriation. The detailed application and modalities of such transfer could be
regulated through regulations or directives.
6.2.8. Education
Education is a fundamental right for refugees in general, unaccompanied and separated refugee
children and the children of refugees in particular. The Refugee Proclamation provides that the
families of refugees shall receive treatment similar to recognized refugees.40
Hence, any right
applicable to a refugee automatically applies to his/her family.
In terms of access to elementary education, Article 22 of the Refugee Convention obliges states
to grant refugees treatment similar to that of nationals. Ethiopia has made a reservation on article
22(1) and declared that it only considers this provision as a recommendation and not as legally
binding obligation.41
Regardless, it should be clear that the obligation arising from this provision
is applicable only to public or state-funded education schemes.
40
Refugee Convention (1951) article 12(4) 41
UNHCR, Convention Relating to the Status of Refugees, Geneva 28 July 1951, Ethiopia p.7-8, available at
http://www.unhcr.org/cgi-
bin/texis/vtx/search?page=search&docid=3d9abe177&query=1951%20Refugee%20Convention (accessed 11 April
2017).
27
For other levels such as secondary education, Technical and Vocational Education and Training
(TVET) and tertiary education, article 22(2) of the Refugee Convention states that hosting states
should grant ‘treatments as favorable as possible, and in any event, not less favorable than other
foreign nationals in the same circumstance’. In such context, the scope of the right to education
includes ‘access to studies, the recognition of foreign school certificates, diplomas and degrees,
the remission of fees and charges, and the award of scholarships’.
In Ethiopia, the mandate to enact laws on primary education is vested in each regional state. The
standard for secondary education is set by the federal government but is administered by each
regional state. Tertiary education and TVET are regulated at the federal level - through Higher
Education Proclamation No.351/2003 and Technical and Vocational Education and Training
Proclamation No.391/2004. However, these laws only aim at regulating the functions of
institutions and setting standards - without dealing with the issue of access to education.
The new Refugee Proclamation should clearly provide how the right to education should be
granted in the context of primary education (universal access), secondary education, TVET and
territory education - bearing in mind that flexibility would be required for progressive realization
of the rights.
6.2.9. Public relief
Article 23 of the Refugee Convention provides in broad terms the duty of host states to ensure
right of refugees to access public relief. Public relief entails public services such as health care
and emergency reliefs to refugees in need as the result of sickness, age, physical and mental
disability, medical care and other similar conditions.42
In other terms, it involves access to public
health care centers, mental health institutions, orphanages, elderly care centers, public
emergency food centers etc. According to the Convention, refugees shall in such situations
receive similar treatment as nationals.
In a country that is longing to expand the rights, privileges and opportunities accorded to
refugees - which is evident from the existing out-of-camp arrangement for Eritrean refugees and
the nine pledges undertaken during the New York Summit - due consideration should be given to
allowing refugees to benefit from public relief and assistance in general and basic public health
facilities in particular.
One point that should be noted is that since what public relief entails is quite broad, the way it is
understood and applied in the Ethiopian context should be clearly provided under the new
Refugee Proclamation as well as the Draft Regulation. At the minimum, the new laws should be
able to formally provide refugees right of access to primary health care services similar to
nationals, and based on the availability of resources, such health service should progressively
expand to cover other categories of medical services.
6.2.10. Social security
42
Rosa da Costa (2006), p 96
28
Article 24 of the Refugee Convention stipulates on social security schemes for refugees. A
peculiar aspect of this entitlement for refugees is provided in the context of employment related
benefits. Under this provision, social security does not merely refer to ‘purely needs-based social
assistance’ which is already covered under article 23 on public relief, ‘rather to employment
related, contribution-based benefits such as unemployment benefits, old-age or disability
benefits’.43
In this regard, states should as per article 24 accord treatment similar to nationals.
There are two exceptions to granting equal benefit from employment related social security
schemes, according to the Convention. The first exception is when a refugee moves to a country
under bilateral or multilateral international arrangements with benefits of acquired rights. In such
situation, the host country is not obliged to fulfill such rights acquired in another country.44
The
second exception is social security schemes entirely based on public funds and payment
arrangements for allowances that are paid to a person when his contributions are not sufficient to
earn normal pension.45
In such cases, refugees may be granted lesser social security benefits than
nationals.
One important right under the social security scheme is the right to receive compensation for
death of a refugee resulting from employment injury or occupational disease - irrespective of the
place of residence of the beneficiary or dependents of the refugee. From the elements of this
provision, it is clear that states should establish conducive legal and policy frameworks and
procedures for transfer of the compensation to where the beneficiaries reside.
Under Ethiopia’s law, there are two modalities for social security schemes related to
employment. These are the Public Servants’ Pension scheme46
and the Private Employees’
Pension scheme. As non-Ethiopian nationals are not allowed to engage in public service works,
the first category, in the contemporary legal framework, would generally be inapplicable to
refugees.
With regard to employment in private organizations, the Private Organization Employees’
Pension Proclamation No.715/2011 applies to provide social security schemes for employees.
One huge gap under this law as relating to refugees in the context of wage-earning employment
is that according to article 3(1), the rights, privileges and duties under the Proclamation apply
only to employees of private organizations that have Ethiopian nationality.
On the other hand, while it is true that the social health insurance scheme in Ethiopia does not
explicitly provide that it does not cover non-nationals, when it is read in conjunction with the
labour Proclamation No.377/2003, the Federal Civil Servants’ Proclamation No.515/2007,
Public Servants’ Pension Proclamation No.714/2011 Public Servants’ Pension (amendment)
Proclamation No.907/2015 and the Private Organization Employees’ Pension Proclamation
43
Ibid, p.109 44
Refugee Convention (1951), article 24(1) (b)(i) 45
Refugee Convention (1951) article 24(1) (b)(ii) 46
Public Servants’ Pension Proclamation No.714/2011 - as amended by Public Servants’ Pension (amendment)
Proclamation No.907/2015
29
No.715/2011, it is clear that foreigners in general and refugees in particular may not qualify to
receive social health insurance coverage.
One peculiar feature of the Ethiopian social health insurance scheme, according to provisions of
the Social Health Insurance Proclamation No.690/2010, is that it is attached to formal
employment relationship - both public and private.
The new Refugee Proclamation and the Draft Regulation should provide clear and
comprehensive standards for the application of social security and public health insurance
schemes at least in the context of employment.
7. Durable Solutions
One modality of durable solution for refugees is local integration. Although the Refugee
Convention provides the concept of integration using the term ‘assimilation’ under article 34, the
refugee jurisprudence has developed to consider local integration as one form of long term
solutions.
The other long term solution for refugees explicitly provided under article 34 of the Refugee
Convention is naturalization. The issue of citizenship is basically regulated by domestic laws of
each state. In the case of Ethiopia, the Proclamation on Ethiopian Nationality No.378/2003
governs the naturalization process of refugees.
The Refugee Convention urges states to pursue their best endeavor to facilitate the assimilation
and naturalization of refugees. The naturalization process should be undertaken speedily and as
far as possible with reduced charges and costs associated with application. Generally, it could be
said that naturalization concludes the integration process of refugees as it ends the refugee status
of an individual and grants full rights and duties as nationals.
The Refugee Proclamation does not say anything about durable solutions; yet, article 31 of the
Draft Regulation provides to that effect - which applies to refugees who have lived in Ethiopia
for 20 years or more. The Draft Regulation also provides that in accordance with the nationality
laws, a recognized refugee in Ethiopia has a right to apply for Ethiopian citizenship.
If Ethiopia is going to administer the out-of-camp policy and allow refugees to carry out gainful
activities, then the medium and long term implications of such scheme are expected to be the
integration of refugees with the local community - a subject matter which must be regulated
under the new Refugee Proclamation.
The other dimension which is related to integration is the right of refugees to apply for an
Ethiopian citizenship - subject to interest of the refugee and applicable laws of Ethiopia. Such an
approach and the conditions that apply should be clearly outlined in course of enacting the new
Refugee Proclamation.
8. Recommendations
30
Part I. Way Forward on Legislative Reform
With regard to expanding the protections available to refugees and improve the services rendered
to them, different approaches could be considered.
Approach 1: Drafting New Legislation on Refugees
The first issue with regard to the way forward is whether to promulgate a new proclamation
on refugees or amend the existing refugee proclamation. In this regard, while some of the
provisions under the 2004 Refugee Proclamation could be made use of to pursue the broader
objectives at hand, the fundamental policy shift and intensified commitment of the GoE in
the overall treatment of refugees and the fact that such comprehensive treatment inevitably
requires the incorporation of several provisions necessitates the need for drafting a new
refugee legislation.
The existing provisions of the Refugee Proclamation could be included as part of a newly
proposed legislation.
Relatively, this may not take long time and may serve to meet the urgency of the matter in
relation to the Jobs Compact Initiative, the overall industrial policy of the country and the
implementation of other pledges on greater refugee inclusion. This should also lay the
groundwork for further reforms and progressive policies in the future.
This approach is the most preferred as it ensures predictability, sustainability, durable
protection schemes and accessibility of a variety of services to the wider refugee
community, and in particular to refugees embraced within the national socio-economic
settings in pursuance of the implementation of the Ethiopia Jobs Compact Project and other
initiatives that promote socio-economic inclusion. It also serves the future interest of the
GoE in accommodating refugees, in increasing their productivity and transforming them
into active agents of development in the country.
Approach 2: Designing a Clear and Comprehensive Policy Direction
Another, albeit less feasible, approach could be working on clear and comprehensive policy
framework to be pursued by the GoE which defines the existing shift in refugee policy as
well as the short, medium and long-term objectives and directions of the Government on
matters relating to refugees. The policy statement could relate to the nine pledges on
refugees undertaken by the GoE. Such policy document would also be the basis for
subsequent initiatives of the GoE - including the formulation of new laws and development
of regulatory frameworks.
In actual practice, it is evident that in many ways the GoE has gone beyond the national
legislative dictates on refugees and has expanded services and other opportunities - witness
the out-of-camp scheme that is being implemented in relation to Eritreans and the access to
land and use offered to Somali refugees in the Ethiopian Somali Regional State.
31
Yet, as the current undertakings show, there is much focus on legislative reform and hence
the development and/or reform of policy could be pursued simultaneously - to meet
immediate objectives especially if legislative processes consume longer time. One way to
achieve this could be transforming the Roadmap for Implementation of the Government of
Ethiopia’s Pledge into a coherent and comprehensive policy document.
Approach 3. Proposal for a Self-standing Legislation with Comprehensive Entitlements for
Refugees
In drafting a new legislation, the normative dictates of international and regional standards
which are considered as integral part of the laws of the land should be taken into account. A
new law could be designed in light of such standards which are contextualized by taking
into consideration the national values, priorities and interests.
Such enterprise may or may not require the amendment of existing ‘sectoral laws’ that have
direct and indirect bearing on refugees. If a new refugee law is designed as self-standing law
to the maximum extent possible, then there would be no need for other laws to be amended.
For instance, the new law, as a general rule, could simply provide that refugees are
accorded with special entitlement which shall be applicable only to them (as opposed to
other foreigners). This allows refugees to qualify, at least in principle, for a number of
privileges under many national laws (for example MoLSA’s powers on work permits) that
are otherwise restricted to foreign nationals.
This means that the exceptions/restrictions with regard to social security schemes/pensions
for private employment (under Private Organization Employees’ Pension Proclamation
No.715/2011) which make pensions applicable only to Ethiopian nationals, or the strict
work permit requirements depicted under Art 174(1) of Labour Proclamation No.377/2003
etc. will not be applicable to refugees.
Such approach would also pave the way for special entitlements extended to refugees as
opposed to other foreign nationals in areas such as public education, the issuance of driving
license, access to public health, birth registration etc.
Approach 4. Adopting a Council of Ministries Regulation based on Provisions of the New
Proclamation
Alternatively, in line with the new law, a Council Ministers Regulation on Refugees could
be adopted setting out detailed procedures on how to implement the entitlements, rights and
duties depicted under the new Refugee Proclamation. The Regulation may also elaborate the
duties and responsibilities of each line ministry with regard to refugee services - such as the
National Intelligence and Security Services, the Administration of Refugees and Returnees
Affairs Services, Office of the Prime Minister, Ministry of Finance, President’s Office,
Ministry of Agriculture, the Ministry of Women and Children Affairs, the Ministry of
Education, the Ministry of Health, the Ministry of Trade, Vital Events Registration Agency,
the Attorney General’s Office and the Ethiopian Investment Commission.
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Part II. The Inclusion of Substantive Rights and Entitlements
A. Civil rights and freedoms
Under the existing legislative framework, the GoE acknowledges the civil rights and freedoms of
its citizens as well as foreign nationals in general and refugees in particular. Based on such
normative framework, the GoE has been working towards realizing such rights and freedoms.
In the context of refugees, the current Refugee Proclamation has already incorporated certain
fundamental principles and rights such as the criteria for refugee status determination, non-
refoulement, the exclusion clause and the protection of vulnerable refugees, and has furthermore
included a clause extending a general entitlement of rights and duties as provided under the
International Refugee Convention and the African Refugee Convention.
However, such extension of general rights and entitlements in line with stipulations of the
conventions must be spelled out through domestic law in order to be effectively interpreted and
enforced. The specific rights and freedoms which require explicit mention under the proposed
proclamation include:
freedom of religion and religious practice: subject to applicable laws and national interest
considerations;
freedom from discrimination
access to courts and equality before the law: including the right to receive access to legal
aid services;
the right to the protection of liberty and security of refugees and their families;
the right to be protected from forced or compulsory labour;
the right to public participation;
access to vital registration in general and birth registration for children of refugees;
In the context of freedom of movement and freedom to choose residence - which are of central
essence in pursuing the spirit of the Jobs Compact pledges as well as the local integration and
out-of-camp pledges, the following pointers are worth noting.
It is crucial to note that this is an important right in expanding the refugees’
protection modalities and particularly the out-of-camp scheme as well as the
employment opportunities extended to refugees; in practice, the right to movement
of refugees has been implemented, albeit in limited scope, through the out-of-camp
scheme for Eritrean refugees;
Now the issue would be about formalizing and further expanding such entitlement
for other refugees in a legal text and regulatory framework; the interpretation of
article 21(1) (d) and 21(2) of the 2004 Refugee Proclamation reads that freedom of
movement is the basic rule, and restriction of movement and designation of the place
of residence of refugees is applied as exception through the discretionary powers of
the ARRA - subject to certain considerations.
33
In the spirit of the noble objectives now pursued under the GoE’s pledges, the new
proclamation should provide, as a basic principle, freedom of movement and free
choice of residence and the exceptions should be provided strictly by outlining the
specific situations that dictate restriction of movement as well as designation of
residence for recognized refugees. Such can for example include a state of war with
the refugees’ country of origin or clear considerations of national security.
On the other hand, for refugees that are to be granted employment opportunity under
joint projects carried out between the GoE and other partners or within the spirit of
the implementation of the Jobs Compact Project or other similar initiatives, ARRA’s
mandate to restrict the scope of freedom of movement should be organized as
exception of the exception. In such a situation, freedom of movement of working
refugees in the context of implementation of broader industrial policies of the
country should be the same as that of nationals and could not be restricted in any
way.
B. Socio-economic rights and entitlements
The recognition and implementation of socio-economic rights and the extension of such
entitlements to refugees would not be as easy as civil rights and freedoms. This is because of
their resource intensity as well as the interests and privileges that should be fulfilled for nationals
as priority. Given the current economic capacity of Ethiopia, the expansion of economic
opportunities and the provision of services for refugees should be achieved only progressively -
with a strict, sustainable and increasing commitment and support from the international
community and development partners.
The right to property:
Movable and immovable property: the right to own movable property and the right to
access and benefit from immovable property - particularly access to land, irrigation etc.
should be provided to refugees as more favorably as possible in comparison to other
categories of foreign nationals;
Artistic rights and industrial property: the proposed proclamation should adopt
provisions of the Refugee Convention which extend similar treatment to refugees with
nationals in relation to such rights; this would enhance the productivity of refugees by
promoting inventions that may have direct impact on the economic development of
Ethiopia.
The right to work: this is a fundamental right that enables refugees to be productive and
active participants in the economy of host countries.
Refugees’ right to work should be provided as a basic rule under the new proclamation;
The categories of work that are open to refugees could be designed in line with the 1951
Refugee Convention (under article 17-19): these are ‘wage-earning employment’, ‘self-
employment’ and ‘liberal professions’; each category of work should be clearly defined,
34
and in the case of liberal professions, the law should clearly define what constitutes
‘diploma’ so as to avoid any future misunderstandings;
In terms of employment-related rights and benefits - particularly, in the context of wage
earning employment such as remuneration, family allowance (when applicable), hours
of work, overtime arrangements, holiday pays, restrictions on homework, minimum age
of employment, apprenticeship and training, women’s work and work by young people,
refugees should be accorded the same treatment as nationals, which should be stipulated
clearly in the new Proclamation;
The new Draft Regulation may clarify the modalities for implementation and the criteria
applied to determine the class of refugees who qualify for such rights under each work
category;
Work permit: under the current legal framework, all foreigners without any distinction -
including refugees - are required to take out permit in order to engage in any type of work.
Moreover, the work permit is granted for and linked to specific type of work.
As indicated above, if the new Refugee Proclamation on refugees provides that refugees
should receive special entitlements in comparison to other foreigners, then, there would
be no need for amending the existing Labour Law provision on work permit for non-
Ethiopian nationals (article 174(1)); the rights of refugees could be addressed by simply
providing that refugees shall generally qualify for a right to be granted work permit (that
is not linked to any particular employer or type of job);
In line with the above category of works, the types of work that require work permit and
the fulfillment of other formalities (such as business registration and licensing
procedures for liberal professions and self-employment modalities) should be provided
clearly under the new Refugee Proclamation;
The new Refugee Proclamation should outline that the issuance of work permit is
subject to availability of work and fulfillment of certain criteria (to be defined under the
Regulation) and on a case by case basis;
In the case of refugees, the institutional mandate for issuing work permits should be led
by the National Intelligence and Security Services/Administration for Refugees and
Returnees Affairs (ARRA) in close partnership with the Ethiopian Investment
Commission (EIC) and MOLSA, based on the different categories of works;
General versus work-specific permit: for the purpose of refugees, it should be noted that
granting them broader rights flexibly applying to multiple employers and job
opportunities would help avoid negative spillover effects in case a refugee discontinues
one employment relationship (based on the industrial policy of the country or joint
projects between GoE and other partners, for example); however, such general work
permit should be granted exceptionally to recognized refugees who engage in wage-
earning employment; in the context of refugees’ employment arrangement through joint
projects between GoE and other partners, therefore, there should be a shift from the
35
traditional modality of grating of specific work permit (article 174(2) of the Labour
Proclamation) to a general work permit;
4. Driver’s license: the issuance of driver’s license as separate privilege as well one
modality in wage-earning employment and self-employment should be the subject of
regulation under a separate provision; it should also be included in the definitions part and
listed under activities covered for work category parts;
5. Social security scheme: with regard to social security schemes that are associated with
employment, the Private Organization Employees’ Pension Proclamation No.715/2011
(under article 3(1)) limits its application only to Ethiopians. Based on the provision for
special entitlement of refugees (re: recommendations above), it could be provided that the
current private employment pension scheme should be applicable to refugees engaged in
wage-earnings employment;
6. Education: in terms of access, primary education should be universally applicable to
nationals and refugees alike; in the case of secondary education, university/college
education and TVET, however, access should be granted in line with resource availability
and capacity of the GoE - which must be improved and realized progressively; in relation
to territory education, the national educational policies and the criteria for admissions to
each institution of higher education learning should be framed in such a way as to accord
selection priority to refugees with highest grades in national or other applicable exams;
7. Health: the new Refugee Proclamation should provide that refugees in an out-of-camp
arrangement should have access to public health facilities using their refugee identity
cards; in terms of primary health care, refugees should be treated as nationals and access
to other health care services should be provided progressively based on the availability of
resources;
8. Banks accounts: the privilege to use bank services appears to be an incomplete
entitlement and still very crucial given the peculiar situations and need of refugees - with
the possibility of having families and dependents abroad; the right to receive banking
services should also entail the possibility of remitting wage subject to national interest
considerations of the country;
9. Assets: the transfer of assets in cases of resettlement or voluntary repatriation should be
included under the new Refugee Proclamation since it is evident that refugees are going to
accumulate wealth and assets in pursuance of the employment opportunities granted; on
the other hand, if refugees settle for alternative durable solutions in the process of staying
in Ethiopia, the corresponding rights that ensue from such process should be outlined
under the Refugee Proclamation;
10. Refugee children: under the new Refugee Proclamation, apart from recognizing the
special protection that should be extended to vulnerable groups including children, the
special interest of unaccompanied and separated refugee children should be provided
independently. The core principles that guide any intervention - including service delivery
36
and protection of refugee children such as the best interest of the child and the right to be
heard and respect for the views of the child should be expressly outlined in the law;
11. It is inevitable that where the rights and privileges of refugees are expanded and
employment opportunities are granted, refugees would aim at settling in the host country
and will consider local integration and naturalization as feasible options; in order to
facilitate their integration and naturalization, the new Refugee Proclamation should
provide for a clear and progressive provision that helps fulfill these ends.
