Prima Facie Recognition of Refugees Status in Ethiopia: Implications on Protected Rights and the Appraisal of the History, Legal Basis and Experience of Eritrean Refugees
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2021-12
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Addis Ababa University
Abstract
Ethiopia’s refugee proclamation No. 1110/2019 provides that ARRA may recognize group of asylum seekers as refugees. Currently, asylum seekers arriving from Sudan, South Sudan, Somali and Yemen are recognized through prima facie approach in Ethiopia. Eritrean asylum seekers are among these refugees recognized in prima facie basis since 2000. However, in 2020, Ethiopia decided to change its policy on the prima facie recognition of Eritrean asylum seekers and six months after this decision, again practically pended any kind of status determination of Eritrean asylum seekers. There is an argument that this is not in line with international standards and UNHCR guidelines on prima facie recognition of refugees because there is no change of circumstances to end prima facie recognition of Eritrean asylum seekers; Ethiopia cannot pend status determination of refugees which is a violation of rights to seek asylum enshrined in international human rights instruments particularly the 1951 refugee convention.
This study normatively discussed and empirically investigated the nature, legal status and protection implications of this decision and practice; it finds out key challenges and gaps in the general application of prima facie recognition of refugees in Ethiopia. It also forwarded solutions and recommendations for protection of refugees during prima facie recognition of refugees in Ethiopia.
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Prima Facie Recognition of Refugees Status