Human Right Watch ~ Recommendation

Human Right Watch ~ Recommendation

Hukum Sumber Hukum

To the Government of Yemen

1. Immediately halt the widespread practice of refoulement of Ethiopian and other non-Somali asylum seekers.

2. 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: (a) 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; (b) Allow UNHCR to carry out Refugee Status Determination for non-Somali asylum seekers arriving at the above locations and along the coasts, or provide.

3. 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; (c) Allow all asylum seekers and refugees to seek shelter and protection at Kharaz refugee camp, regardless of nationality.

4. 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.
d. Issue official identification documents to all formally recognized refugees living in Yemen, not only to Somali nationals as is currently the case.

5. 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.

6. 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

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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

1. Encourage the government of Yemen to ensure that its efforts to stop irregulareconomic 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.
2. Provide assistance to Yemen (or earmarked assistance to UNHCR) to enhance itscapacity 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.

Book International Law that use in this reference :

HOSTILE SHORES Abuse and Refoulement of Asylum Seekers and Refugees in Yemen.
Copyright © 2009 Human Rights Watch
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Printed in the United States of America
ISBN: 1-56432-581-4
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