Recommendations
To the Government of Yemen
- Immediately halt the widespread practice of refoulement of
Ethiopian and other non-Somali asylum seekers.
- Ensure that all asylum seekers are able to apply for
refugee status in Yemen regardless of their nationality, including
Ethiopian nationals who arrive in Yemen by sea. In particular:
- Instruct the security forces, especially
those stationed along the Red Sea coast, to allow all newly arrived asylum
seekers access to the Kharaz refugee camp, the Ahwar and Mayfa’a
reception centers, and the transit point at Bab-el-Mandeb, without fear of
arrest.
- Allow UNHCR to carry out Refugee Status
Determination for non-Somali asylum seekers arriving at the above locations
and along the coasts, or provide government-issued asylum transit passes
to all such persons so they can travel to UNHCR offices in Aden or Sana’a
without fear of arrest.
- Allow all asylum seekers and refugees to
seek shelter and protection at Kharaz refugee camp, regardless of nationality.
- Allow UNHCR unimpeded access to all migrants and asylum
seekers in detention in Sana’a and in other detention facilities
across the country, and inform UNHCR of any person in detention seeking
asylum.
- Issue official identification documents to all formally
recognized refugees living in Yemen, not only to Somali nationals as is
currently the case.
- Investigate allegations that Ethiopian embassy officials
in Sana’a have coerced Ethiopian detainees in Sana’a’s
immigration detention facility into signing documents indicating they are
willing to return to Ethiopia voluntarily. Ensure that such abuses cannot
take place in the future.
- Take all necessary measures to ensure that law enforcement
agencies in Yemen actively investigate and prosecute crimes committed
against Ethiopian and other refugees and migrants. Discipline or prosecute
as appropriate those who fail to investigate crimes against such persons
or are responsible for criminal acts against them.
To the Office of the United Nations High Commissioner for
Refugees
- As a matter of immediate priority, press the government of
Yemen to stop its systematic refoulement of Ethiopian and other non-Somali
asylum seekers, using such means—public or private—necessary
for success.
- Proactively and assertively seek ways to persuade and
pressure the government of Yemen to end discriminatory policies towards
Ethiopian asylum seekers and refugees and adhere fully to its obligations
under the Refugee Convention. Begin by pushing for the government to
implement the recommendations to the government of Yemen listed above.
- Unless the Yemeni government agrees to allow refugee
status determinations to take place for non-Somali asylum seekers at
Kharaz refugee camp, direct UNHCR staff at Kharaz refugee camp to
unilaterally offer 10-day appointment slips to newly arrived asylum
seekers at Kharaz and directly facilitate their transportation to UNHCR
offices in Sana’a or Aden for refugee status determination
procedures. Publicly and privately protest if the police arrest any asylum
seeker in the camp for the purpose of deportation.
- Arrange for the 10-day appointment slips issued at the
Ahwar and Mayfa’a reception centers to bear an official UNHCR stamp.
As a sustainable alternative, press the government of Yemen to replace those appointment slips with government-issued transit passes obtainable at all
reception centers, including along the Red Sea coast.
- Continue to provide all possible assistance to the
government of Yemen in drafting a legal framework on refugees and asylum
seekers that is in full compliance with Yemen’s obligations under
the Refugee Convention.
- In Ethiopia, monitor the situation of Ethiopian asylum
seekers refouled from Yemen and urge the Ethiopian government to ensure
that none are subjected to persecution on their return to Ethiopia.
To the Governments of Saudi Arabia and other Gulf States
- Encourage the government of Yemen to ensure that its
efforts to stop irregular economic migrants from using Yemen as a transit
point into other countries in the region do not infringe on the rights of
asylum seekers and refugees.
- Provide assistance to Yemen (or earmarked assistance to
UNHCR) to enhance its capacity to provide asylum in Yemen, to provide for
the material needs of refugees on its territory, and to promote durable
solutions on behalf of refugees in Yemen.
To the Government of Ethiopia
- Direct Ethiopian embassy staff in Sana’a to not
interfere with efforts by Ethiopian nationals to seek asylum in Yemen.
Recall and take appropriate disciplinary action against embassy staff who
do so.
