The Right to Wage-Earning Employment Under the 2019 Refugee Proclamation of Ethiopia

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Date

2020-12

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Addis Ababa University,

Abstract

The 2019 Refugee Proclamation, which is one of the very progressive refugee laws in the world, is aimed at ensuring the right to gainful employment without undue constraints. Unlike the 2004 refugee proclamation, the 2019 Proclamation eases the restriction in order to align Ethiopian laws with that of the 1951 Refugee Convention. One of the challenges to make the right to wage-earning employment practical is lack of implementation tools like regulation and directive. Moreover, incompatibility of labor law also influences the implementation of the new refugee legislation. The implementation of Refugees right to wage-earning employment decided based on reference to and interpretation of other relevant laws like the labor law, Civil Servants Proclamation and Foreigners of Ethiopian Origin (FoEO) laws. Article 26(1) of the refugee proclamation sets the standard of treatment for refugees and it extends most favored treatment that accorded to foreign nationals in Ethiopia. The most favored foreign nationals in Ethiopia are FoEO. Ergo, the right to wage-earning employment accorded to FoEO be extended to Recognized refugees and asylum seekers on certain requirements and the subsequent procedural laws shall state those entitlements and requirements clearly. In this respect, the implementation of the 2019 refugee law needs harmonization with other relevant laws governing refugee rights. This thesis demonstrates how important it is to implement the right to wage-earning employment of refugees by harmonizing other existing laws. Thus, the aim of this study is to further identify and clarify the gaps and recommend solutions to implement the right to wage earning employment of refugees without unreasonable restrictions.

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