WHAT IS ACCESS TO ASYLUM?
Access to asylum is the procedure by which individuals escaping persecution, conflict, or danger in their country seek refuge in another country. When individuals are applying for asylum, they are requesting protection because they fear violence due to their ethnicity, religion, nationality, political beliefs, or membership in a specific social group. To be granted asylum, they must demonstrate that they have a genuine fear of persecution if they return to their home country.
WHAT ARE THE LEGAL BASES FOR ACCESS TO ASYLUM?
The legal basis for access to asylum is international and national laws that define both the rights and the processes of seeking asylum from persecution. At the global level, Article 14 of the Universal Declaration of Human Rights (UDHR) recognizes the right to seek and enjoy asylum from persecution. The 1951 Refugee Convention and its 1967 Protocol serve as the foundation of asylum law, defining who is considered a refugee and outlining nations’ duty to protect them. Accordingly, the term refugee is defined as:
‘owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion he is outside his country of nationality and is unable or, owing to such fear, is unwilling, to avail himself of the protection of that country’.
These instruments establish global norms for the treatment of refugees, guaranteeing that they are protected against repatriation to countries where they suffer substantial dangers to their life or liberty.
At the regional level, the African Charter on Human and Peoples’ Rights, Article 12(3) and the Organization of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa, adopted in 1969, underscore the right to seek and enjoy asylum and outline several key provisions relating to protection. This regional approach fosters collaboration and ensures that the right to access asylum is respected and that refugees receive the protection and assistance they need.
Ethiopia is a party to the above international and regional instruments. Moreover, Refugee Proclamation No. 1110/2019 establishes Ethiopia’s legal framework for the treatment and protection of refugees and asylum seekers. The Proclamation affirms the right to seek asylum and guarantees that those fleeing persecution are protected and assisted. The Proclamation also establishes specific processes to request asylum. The Refugees and Returnees Service (also known as RRS) is established as an autonomous federal government body to provide effective protection to refugees and asylum seekers in Ethiopia. According to provisions of the Proclamation, asylum seekers and refugees are equally protected under the law.
WHAT ARE THE RIGHTS OF ASYLUM SEEKERS?
Asylum seekers have numerous rights, including safety and protection from persecution and the ability obtain legal status in the host nation. They are entitled to access essential services, such as healthcare, education and legal aid, as well as enjoy other rights including the right to work, obtain identification and travel documents, access to justice and freedom of movement.
Furthermore, asylum seekers are entitled to family reunification, protection from arbitrary detention, a fair and transparent procedure in determining their status, as well as the right to stay and protection against refoulement. The non-refoulement principle, which is also recognized under Refugee Proclamation of Ethiopia, gives protection to asylum seekers and refugees against expulsion or deportation to their country of origin where they may face persecution, torture or other human rights violation. However, non-refoulement is not an absolute principle. As stipulated under Article 33 (2) of the Convention and Article 11 of the Refugee Proclamation, the benefit of the principle of non-refoulement may not apply on an asylum seeker or a refugee if there are reasonable grounds for considering that he/she is a danger to the national security, or if he/she has been convicted by a final judgment of a particularly serious crime and pose a danger to the community.
WHERE TO ACCESS ASYLUM IN ETHIOPIA?
Asylum-seeker, as defined under the Refugee Proclamation, means any person or group of persons who present themselves at the border or frontier or within the territory of Ethiopia seeking refugee status and waiting for decision of the Authority. Asylum seekers (individual or group) can apply to the nearest office of RRS, its branch office or at a police station once they are at the borders of the country or any other entry point or found within Ethiopia. They can access asylum whether they have entered the country lawfully or otherwise as long as they wish to remain within the country as a refugee. The Ethiopian Refugee Proclamation clearly recognizes both individual and group refugee status determination procedures (the prima facie procedure). RRS has the power to determine the refugee status of any person or group of persons who meet the elements of the refugee definition.
WHAT PROCESS DOES ASYLUM SEEKING ENTAIL IN ETHIOPIA?
The procedures to access asylum should respect human rights of asylum seekers. The process should guarantee the protection of individuals fleeing persecution, violent acts, or harms and to ensure their pursuit of asylum as stipulated in national and international laws. The State has the obligation to protect the safety, dignity and humane treatment of asylum seekers throughout the process. Moreover, asylum seekers are entitled to a fair and transparent procedure in determining their status.
According to the provisions of the Refugee Proclamation, the process has three stages. The first stage is application to the authority. The application can be made at the border (through the border control centres) or at police stations (after crossing borders) or in the offices of RRS. The second stage involves evaluation and decision-making. The RRS examines the application and decides on the application. The decision would be either granting or denying a refugee status. The third stage is appeal. In cases of unsuccessful application, appeal can be made to Appeal Hearing Council within six days of receiving the decision of RRS. The decision of the Council is final, but it can be reviewed for an error of law by the Federal Supreme Court within a month. As indicated above, any person who has applied for recognition of his status as a refugee has a right to stay in a country where he is seeking asylum. Therefore, the person shall be allowed to remain in Ethiopia until the RRS determines his/her application; or if his/her application is unsuccessful, until s/he exhausts her/his right of appeal.
