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Ethiopia’s Legislation on Immigration and Asylum

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Abstract

Ethiopia is one of the biggest hosts to refugees and people who are in refugee-like situations in Africa. This chapter first gives a background on Ethiopia’s significant position in the Horn of Africa, briefing Ethiopia’s socioeconomic history and Somali migration to Ethiopia. Ethiopia’s national legislation on immigration and asylum is detailed, as well as differing roles of policymaking actors in the country. In terms of immigration and asylum policies, the country’s significance is discussed with a reference to Ethiopia’s role as “the safe third country” of the Global North and reflections of governmentality of global policy in Ethiopia’s immigration and asylum policies. The chapter argues that although international law and policies draw major determinants of refugee protection for the international community, a state’s approach and national legislation differ at local level. In this regard, treatment of immigrants and refugees in Ethiopia is limited by certain constraints, as a consequence of global, regional and national dynamics.

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Notes

  1. 1.

    The Horn of Africa is the geographic region in the East Africa including the states of Ethiopia, Eritrea, Somali, and Djibouti.

  2. 2.

    People who are in refugee-like situations are defined by the UNHCR as refugees, asylum seekers, internally displaced persons (IDPs), returnees (refugees and IDPs), stateless persons, and others of concern to the UNHCR.

  3. 3.

    Numbers of undocumented migrants are not included. However, according to the Somali Community and Jesuit Refugee Service estimates there are 160,000 undocumented Somalis residing in Addis Ababa and its surrounding areas (Source: Interview with head of Somali Community and Expert at Jesuit Refugee Service).

  4. 4.

    “In many regions the poverty level index is assessed to have a Multidimensional Poverty Index % = 0.562; and a Human Development Index of 0.0363 which ranks Ethiopia as 174 out of 187 countries.” (UNDP; 2012 Report Human Development Statistical Tables) (Regional Mixed Migration Secretariat 2011).

  5. 5.

    Khat is a plant from the cocaine family, which is produced for use as a type of light drug. Khat production is one of the major sources of economy in Ethiopia.

  6. 6.

    Eritrea was a former Italian protectorate and a part of Ethiopia until 1943.

  7. 7.

    “Uvulectomy is a procedure involving the cutting of the uvula and sometimes the nearby structures such as the tonsils. The uvula is a small soft tissue that hangs down from the back of the mouth above the throat and between the two lymphoid tissues (tonsils). It helps to prevent choking during swallowing and is used in producing certain sounds necessary for language communication. At country level 32 per cent of children between the ages 0–14 have been removed from their uvula.” (Ethiopia Central Statistical Agency 2012b)

  8. 8.

    For instance, Ethiopia received US$ 240.6 million only in August 2009 from the International Monetary Fund (IMF) for its Exogenous Shocks Facility (African Development Bank Group 2011, p. 3).

  9. 9.

    Region 5, Somali Region is known in Ethiopia as an underdeveloped region which has been witnessing decades-old conflicts between Ethiopian government forces and region’s liberation forces.

  10. 10.

    For detailed information see Goodwin-Gill (On UN Treaty) “National treatment,” that is, treatment no different from that accorded to citizens, is to be granted in respect of a wide variety of matters, including the freedom to practice religion and as regards the religious education of children (article 4); the protection of artistic rights and industrial property (article 14); access to courts, legal assistance, and exemption from the requirement to give security for costs in court proceedings (article 16); rationing (article 20); elementary education (article 22, paragraph 1); public relief (article 23); labour legislation and social security (article 24, paragraph 1); and fiscal charges (article 29). Article 26 of the Convention prescribes such freedom of movement for refugees as is accorded to aliens generally in the same circumstances. Eleven States have made reservations, eight of which expressly retain the right to designate places of residence, either generally, or on grounds of national security, public order (ordre public) or the public interest. (Retrieved from UN Treaty Official Web site, on 12 /3/ 2013, http://untreaty.un.org/cod/avl/ha/prsr/prsr.html)

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Karal, D. (2019). Ethiopia’s Legislation on Immigration and Asylum. In: Ethico-political Governmentality of Immigration and Asylum. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-00196-4_4

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  • DOI: https://doi.org/10.1007/978-3-030-00196-4_4

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  • Publisher Name: Palgrave Macmillan, Cham

  • Print ISBN: 978-3-030-00195-7

  • Online ISBN: 978-3-030-00196-4

  • eBook Packages: Social SciencesSocial Sciences (R0)

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