INTERNATIONAL LAW SERIES (VOLUME-I) Addis Ababa University - School of Law Refugee Protection in Ethiopia EDITOR Yonas Birmeta (PhD) 2017 INTERNATIONAL LAW SERIES (VOLUME-I) Addis Ababa University - School of Law Refugee Protection in Ethiopia EDITOR Yonas Birmeta (PhD) 2017 Copyright 2017: School of Law - Addis Ababa University All rights reserved. Content from this publication may be freely reproduced but not for sale or commercial purpose use. At all times, the title, its publisher, the editor and the author of the content must be cited when content is extracted from this publication. First Printed in 2017 in Addis Ababa, Ethiopia. The Publisher: School of Law Addis Ababa University Main Campus (6 Kilo) P.o.Box 1176 Addis Ababa, Ethiopia www.aau.edu.et/clgs/academics/school-of-law Disclaimer The School of Law of Addis Ababa University and the funder of this Volume cannot be responsible for any factual or legal errors or omissions in this volume. Opinions expressed herein are those of the author of the respective contribution and do not necessarily represent the views of the School of Law or the funder of this publication. ii ACKNOWLEDGEMENT The School of Law of Addis Ababa University extends its deepest gratitude to UNHCR Ethiopia Country Office for helping with the publication of this volume of International Law Series by providing financial assistance. iii Thematic Research Conference and Proceedings Rules International Law Series is an annual thematic publication of the School of Law of Addis Ababa University in the field of international laws. It was established by the Academic Committee of the School of Law on December 2, 2016 to publish cross-cutting thematic researches on international law issues pertaining to Ethiopia and to support the graduate programs of the School thereby encouraging staff and student participation in research activities. Each volume of International Law Series covers different themes in priority areas identified by committee of conveners and approved by the Academic Committee of the Law School. Submissions to this volume have been presented in a national conference organized by the School on August 8, 2017 attended by invited faculty members from law schools in Ethiopia and experts from different walks of life. Moreover, each submission has been blind peer-reviewed by experts in the field for substantive merit as per the Addis Ababa University School of Law Thematic Research Conference and Proceedings Rules of 2016. iv TABLE OF CONTENTS Editor’s Note ………………………………………………………...…....... 1 Yonas Birmeta (PhD) The 7th Century Unwritten Ethiopian Laws on the Protection of Refugees……………………………………..…….………………………... 7 Abdulmalik A. Ahmed (PhD) Delimiting the Normative Terrain of Refugee Protection: A Critical Appraisal of the Ethiopian Refugee Proclamation No. 409/2004……… 31 Zelalem Mogessie Teferra (PhD) The Dynamics of Refugees’ Dual-Identity along Ethiopia - South Sudan Border: Challenges, Prospects and Policy Implications ……………….. 99 Moti Mosisa Gutema Procedural Guarantees for Refugee Status Determination under Ethiopian Refugee Law ………………………………...………………. 123 Jetu Edosa Chewaka Towards a Comprehensive Refugee Response Framework (CRRF): Recent Developments on Refugee Protection in Ethiopia …………… 149 Ephrem Tadesse & Haileselassie Gebremariam v Editor’s Note The maiden volume of International Law Series is devoted to the investigation of issues of international concern which have also practical content for Ethiopia. The different contributions in this first volume explore a variety of issues pertaining to the protection of refugees in Ethiopia. It is evident that refugee protection is a topical issue of concern at the international, regional and national levels. As one of the largest refugees hosting countries in Africa and in the world, it becomes necessary to explore the extent to which the policy, legal and institutional framework for refugee protection in the country is in line with international law. Consequently, the authors of the articles in the present Volume look in to pertinent issues which have far reaching ramifications on refugee protection in Ethiopia and beyond. They reflect up on the background of refugee protection and ways and means whereby it can be further strengthened and enhanced. It is believed that these articles will make a stimulating reading for those who take interest in matters related with refugee protection. It is also the firm belief of the Editor that the articles in this Volume will generate further interest in matters related to refugee protection in Ethiopia. In his article entitled ‘The 7th Century Unwritten Ethiopian Laws on the Protection of Refugees’, Dr. Abdulmalik A. Ahmed explores the historical and religious background to refugee protection in Ethiopia. He contends that, historically, Ethiopia was the only destination for some refugees who were persecuted on account of their religious orientation. His article attempts to illuminate as to how Ethiopia, as early as the 7th century regardless of any international instrument, accommodated refugees and accorded them various protections including freedom of religion, although they adhere to a religious tradition which differs from the mainstream religion practiced in Ethiopia at that time. He goes on to state that Ethiopia has been regarded as the champion in providing 2 Refugee Protection in Ethiopia protection for refugees. His article further provides brief historical backdrop concerning refugees in general and the arrival of Muslim refugees in Ethiopia on the basis of both oral and written sources. Dr. Abdulmalik’s article commences his analysis by setting forth the rights of refugees as affirmed under international and domestic instruments. The article also attempts to highlight the lessons that can be drawn from the experience of the country in providing sanctuary and catering for the needs of refugees in the absence of any international instrument. In a contribution entitled ‘Delimiting the Normative Terrain of Refugee Protection: A Critical Appraisal of the Ethiopian Refugee Proclamation No. 409/2004’ Dr. Zelalem Mogessie Teferra, examines the Ethiopian Refugee Proclamation (Proclamation No. 409/2004) which constitutes the main legal framework for the protection of refugees in the country. Dr. Zelalem’s article begins with an introduction on the Ethiopia’s historical and present-day hospitality to refugees. He then shifts attention to a brief assessment of the sources of the Ethiopian refugee law and also a detailed substantive analysis of the provisions of the Proclamation. He contends that the proclamation sets forth several provisions which reflect the country`s highly commendable generous humanitarian policy and its obligations under international refugee instruments. Regardless of this, Dr. Zelalem argues that the refugee protection legislation in the country is far from perfect when compared with international and regional standards. His article critically reviews the legislation and highlights its major strengths and shortcomings. Dr. Zelalem concludes his article by taking stalk of the principal normative strengths and weak points inherent in the Proclamation and suggests some specific action points aimed at addressing these existing normative gaps or weaknesses. He also makes some recommendations aimed at normative improvement in the law with a view to enhance the country’s refugee protection scheme. Editor’s Note 3 In another contribution entitled ‘The Dynamics of Refugees’ Dual- Identity along Ethiopia-South Sudan Border: Challenges, Prospects and Policy Implications’, Moti Mosisa Gutema argues that more than ninety percent of the refugees in Ethiopia have historical, political or ethnic associations with the hosting local communities in the country. He goes on to state that this affiliation has contributed to the increase in the number of refugees with dual-identity in Ethiopia. Moti’s contribution analyzes the dynamics of refugees’ dual-identity along Ethiopia-South Sudan border focusing on challenges, prospects and its policy implications. To this effect, Moti employed non-doctrinal research approach while relying upon both primary and secondary sources. Moti contends that refugees with dual identity along South Sudan border have multiple implications on inter- state relationship, and on the local and national politics of both states, particularly to Ethiopia. He observes that procedural practices employed in the course of registering and hosting refugees contradicts with Ethiopia’s refugee legislation. Moti suggests that this would have multi- dimensional adverse consequences to Ethiopia. Consequently, Moti recommends the concerned bodies dealing with refugee issues to take in to account the scenarios of dual-identity and its long-term impacts on local, national and regional politics. In his article entitled ‘Procedural Guarantees for Refugee Status Determination under Ethiopian Refugee Law’ Jetu Edosa Chewaka argues that mechanisms employed to determine refugee status have profound repercussions on the life and security of asylum seekers. He goes on to state that this is due to the fact that refugee status is determinative as to whether or one is entitled to protection from a forcible return to one’s country of origin and is to receive special protection and assistance in rebuilding one’s life in the country of refuge. He contends that the determination of refugee status is a precondition for the application of the fundamental rights of refugees enshrined under the international refugee