Practice Relating to Rule 131. Treatment of Displaced Persons
Section C. Respect for family unity
Djibouti’s Law on the Status of Refugees in the Republic of Djibouti (2017) provides:
Article 2: Definition of the term asylum seeker
Under this law, the term asylum seeker or person applying for refugee status means any person who leaves the country of his or her nationality or, if he or she has no nationality, the country in which he or she was habitually resident in order to apply for refugee status in the Republic of Djibouti and who is awaiting a decision by the relevant competent authorities on his or her application.
Article 3: Definition of the term refugee
Under this law and in accordance with the Geneva Convention of 28 July 1951 relating to the Status of Refugees and its Protocol of 31 January 1967 and the OAU Convention of 10 September 1969 Governing the Specific Aspects of Refugee Problems in Africa, the term refugee shall mean every person:
b. who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his or her country of origin or nationality, is compelled to leave his or her place of habitual residence in order to seek refuge in another place outside his or her country of origin or nationality.
Article 4: Cases of exclusion from refugee status
The provisions of the law shall not apply to any person with respect to whom serious reasons exist for considering that:
a. he or she has committed a crime against peace, a war crime, or a crime against humanity, as defined in the relevant international instruments;
Article 8: Conditions for granting refugee status to family members
1. The family members of a person recognised as a refugee, within the meaning of article 3 above, who accompany or join him shall also be considered refugees, unless they are of a nationality other than that of the refugee and enjoy the protection of the country of which they are nationals.
2. If, following recognition of the head of the family as a refugee, family cohesion subsequently breaks down as a result of divorce, separation or death, the members of the family who have been granted refugee status pursuant to subparagraph 1 above shall continue to enjoy this status, except in cases of fraud as set out in article 6, subparagraph 1.
3. For the purposes of subparagraphs 1 and 2 above, the following are considered family members of any person with recognised refugee status: his or her refugee spouse and dependent children under the age of 18 years old.
Article 9: Cases of unaccompanied minors
1. All unaccompanied minors, subject to all necessary checks, shall enjoy refugee status.
2. The Republic of Djibouti, with the support of international institutions, shall assist with the restoration of family reunification.