Authored By: Amanuel Daniel
Bahir Dar University
1. Introduction
The right to seek asylum from persecution, guaranteed under Article 14 of the Universal Declaration of Human Rights, remains central to the international protection regime. Its practical importance is most visible in states bordering regions of protracted conflict. Ethiopia, a long-standing signatory to the 1951 Refugee Convention, its 1967 Protocol, and the 1969 OAU Refugee Convention, has for decades hosted large refugee populations in the Horn of Africa. Its tradition of providing sanctuary dating back to the early followers of the Prophet Mohammed in the 7th century is reflected in modern law, particularly the Refugee Proclamation No. 409/2004.
This article analyzes Ethiopia’s asylum system with reference to its two largest long-standing refugee groups, Somalis and Eritreans. It reviews the legal framework, assesses implementation in practice, and considers the reforms introduced by the 2019 Revised Refugee Proclamation, which marks a major shift towards refugee rights and self-reliance.
2. The Legal Framework: A Solid Statutory Foundation
Ethiopia’s Constitution gives primacy to international law. Article 9(4) of the 1995 FDRE Constitution integrates ratified treaties, ensuring direct effect of international refugee instruments in domestic proceedings.[i]
The cornerstone of national refugee law is Proclamation No. 409/2004, which aligned Ethiopia’s system with both international and African standards. Its main features include:
Comprehensive Refugee Definition: It incorporates both the 1951 Convention’s persecution-based definition and the broader 1969 OAU criteria covering people fleeing external aggression or events disturbing public order.[ii] This allows Somali refugees to qualify under generalized violence and Eritreans under individualized persecution.
Non-Refoulement Guarantee: Article 9 prohibits rejection, expulsion, or return to territories where life or freedom is at risk.[iii] By also banning “rejection at the frontier,” it goes beyond the 1951 Convention, strengthening access to asylum.
Refugee Status Determination (RSD): The Proclamation established RSD procedures under the Administration for Refugee and Returnee Affairs (ARRA), formalizing state responsibility for asylum decisions.
3. A Landmark Shift: The 2019 Revised Refugee Proclamation
While the 2004 law was progressive, implementation was long criticized for its strict encampment policy, which limited movement and livelihoods. A paradigm shift came with Proclamation No. 1110/2019, adopted after Ethiopia’s commitments at the 2016 Leaders’ Summit on Refugees and the 2019 Global Refugee Forum.[iv]
The new law represents a move from humanitarian care to development-oriented protection. Its key provisions include:
Right to Work: Refugees may apply for work permits and engage in wage employment under the same conditions as foreign nationals.
Access to Education and Services: Refugees can attend national schools, obtain driver’s licenses, open bank accounts, and access essential services.
Out-of-Camp Policy: The law formally allows residence outside camps, granting greater freedom of movement and prospects for integration.
This reform positioned Ethiopia as a pioneer in Africa in advancing refugee rights within a development framework.
4. Protection in Practice; The Persistent Implementation Gap
Despite progressive laws, a large gap persists between legislation and practice. Structural weaknesses, bureaucratic hurdles, and resource constraints limit the realization of refugee rights.
4.1. Deficits in Refugee Status Determination
The 2004 Proclamation created a framework for RSD but lacked safeguards for fairness. Problems include:
No Independent Appeal: Rejected applicants can only appeal to ARRA or security services, not an independent body.[v]
Restricted Legal Counsel: Asylum-seekers rarely have access to legal aid, limiting their ability to present claims.
Weak UNHCR Oversight: Consultation with UNHCR is not mandated in all decisions, undermining accountability.[vi]
4.2. Challenges in Implementing the 2019 Reforms
While groundbreaking, the 2019 Proclamation faces uneven enforcement:
Right to Work vs. Bureaucracy: Refugees struggle to obtain permits due to costly, complex procedures. Employers often remain unaware of the law, while Ethiopia’s reservations to the 1951 Convention on employment still create uncertainty.[vii]
Continued Encampment: Most refugees remain in camps as alternatives in urban areas are underdeveloped. Without national strategies on housing or livelihoods, the out-of-camp option is limited in practice.
Education Barriers: While primary education access has improved, secondary and higher education remain inaccessible due to limited capacity, language gaps, and financial constraints.
4.3. Structural and Capacity-Related Challenges
Dependence on Donor Funding: ARRA’s functions are heavily reliant on UNHCR and international donors. Reductions in funding weaken asylum procedures and assistance.[viii]
Scale of Displacement: By the end of 2023, Ethiopia hosted over 880,000 refugees, mostly from South Sudan, Somalia (~209,000), and Eritrea (~139,000).[ix] Combined with internal displacement, this places immense strain on the asylum system.
4.4. Durable Solutions
Voluntary repatriation remains Ethiopia’s preferred solution, yet conditions in Somalia and Eritrea remain unsafe for large-scale returns. Resettlement is extremely limited, benefitting only a fraction of refugees. Local integration, therefore, depends on full implementation of the 2019 law to make self-reliance viable.
5. Recommendations
- For the Government of Ethiopia
- Accelerate Implementation of the 2019 Proclamation:
Simplify and reduce costs of administrative processes for work permits and IDs. Conduct awareness campaigns for refugees, employers, and service providers. Develop a national urban integration strategy with housing and services.
- Strengthen the Asylum System:
Introduce transparent RSD procedures with access to legal assistance, personal interviews, and independent appeals. Build institutional capacity through training in refugee law, gender-sensitive and trauma-informed approaches.
- Promote Social Cohesion:
Support joint programs that benefit refugees and host communities to reduce tensions, particularly in urban areas.
- For International Donors and Partners
- Shift to Development-Oriented Support: Provide multi-year, flexible funding for national systems, infrastructure, and services that serve both refugees and hosts.
- Support Institutional Capacity: Offer technical and financial assistance to ARRA and ministries to implement reforms effectively.
- Expand Resettlement and Pathways: Increase quotas for third-country resettlement and create complementary pathways such as scholarships and labor mobility.
- For Civil Society and Academia
- Monitor and Advocate: CSOs should provide legal aid, monitor rights implementation, and push for reforms where gaps remain.
- Conduct Evidence-Based Research: Universities should assess the socio-economic impact of reforms to guide policies and counter misinformation.
6. Conclusion
Ethiopia’s commitment to asylum is both historic and legal, rooted in tradition and codified in modern statutes. The 2004 Proclamation provided a strong framework that combined international and regional standards, while the 2019 Proclamation marked a shift toward development-based refugee protection.
For Somali and Eritrean refugees, these laws offer real potential for dignity and rights. Yet, implementation gaps remain wide. Bureaucracy, resource constraints, and incomplete reform have slowed progress. With over 880,000 refugees and immense internal challenges, Ethiopia faces a daunting task.
The full success of the 2019 Proclamation will depend on political will, institutional capacity, and sustained international support. A balance of legal commitment, development funding, and equitable responsibility-sharing is required to turn Ethiopia’s progressive framework into tangible protection and durable solutions for those seeking refuge.
Reference(S):
[i] Constitution of the Federal Democratic Republic of Ethiopia, Proclamation No. 1/1995, art. 9(4).
[ii] Refugee Proclamation No. 409/2004, arts. 2(1)–(2).
[iii] Id., art. 9(1).
[iv] Refugees Proclamation No. 1110/2019, arts. 21–24
[v] Human Rights Watch, “We Will Erase You from This Land”: Crimes Against Humanity in Ethiopia’s Western Tigray Zone (2022).
[vi] UNHCR, Ethiopia Fact Sheet – January 2024.
[vii] Reservations to the 1951 Refugee Convention, Ethiopia.
[viii] Thesis critique (2011), p. 136.
[ix] UNHCR, Ethiopia Fact Sheet – January 2024.
