Article 1 (Requirements for recognition of refugee status)

1.         Recognition of refugee status can be granted to a person who applies to the Committee indicated in Art.2 of this Decree and fulfills the requirements provided in Art.1 of the United Nations Convention relating to the Status of Refugees of 1951, Protocol relating to the Status of Refugees of 1967 and Art.1 of the OAU Convention of 1969 governing the specific aspects of refugee status in Africa.

2.         The preceding provision is not applicable to individuals to whom the Government has accorded refugee status under special circumstances.

Article 2 (Eligibility Committe for Determination of Refugee Status)

1.         An Eligibility Committee shall be set up and consist of:

(a)Representative from National Refugee Commission (Chairman).

(b)Representative from the Ministry of External Affairs.

(c)Representative from the Somali Police Force.

2.         The representative of UNHCR in the Somali Democratic Republic or his delegate will participate as an observer and will have the possibility of expressing his views and provide advice concerning persons who have submitted applications.

3.         The Committee shall prepare its own rules and regulations for discharging its duties.

Article 3 (Admission of Asylum Seekers)

1.         Every asylum seeker shall present himself at the nearest border Security Authority checkpoint unless prevented from doing so by unforeseen circumstances.

2.         The border Security Authority shall conduct preliminary investigations and submit a report to the District and Regional Security Committees under their jurisdiction.

3.         The District or Regional Security Committee shall grant the individual temporary asylum pending decision of the Eligibility Committee.

Article 4 (Procedure for submitting applications)

Notwithstanding the provisions in Art. 3, the asylum seeker may apply directly to the Secretariat of Eligibility Committee.

Article 5 (Review)

1.         If the Committee indicated in Art.2 rejects an application for refugee status, the applicant can request the Committee to review its decision.

2.         The application for a review of a decision has to be justified by the applicant and accompanied by evidence to prove his request.

Article 6 (Appeal)

1.         If the Committee reconfirms its negative decision, the applicant may file a petition to the Supreme Court of the Somali Democratic Republic setting out in writing grounds for appeal.

2.         The decision of the Supreme Court shall be considered as final and restricted to legal points of view.

3.         The Supreme Court is also empowered to consider and take decisions on issues arising from Art. 31, 32 and 33 of the United Nations Convention of 1951.

Article 7 (Documents)

When an individual is recognized as a refugee, he shall be entitled to issuance of identity cards and all documents provided for in international conventions relating to the status of refugees.

This is an unofficial translation.

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