9. Freedom of movement, right to asylum and prohibition of collective expulsion Article 12 1. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Everyone has the right to leave any country, including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with the law of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 5. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups. 127. All citizens are free to move and reside anywhere in the country in compliance with the above provisions. Article 14 of the Constitution lays down the principle of freedom of movement and residence for all citizens as it states that “This right can only be restricted by law”. 128. In fact, no administrative document is required to travel from one city to another within the country. 129. Aside from these freedoms, conditions to enter and leave the country are strictly regulated by law, which requires the possession of travel documents. These travel documents such as a passport or laissez-passer for neighbouring countries are issued to all Djiboutians who make the request and provide proof of citizenship. 130. However, the relevant authorities may refuse to issue such documents if it is the case that the applicant is forbidden by a court of law to leave the country. 131. Non-nationals are required to obtain entry visas at diplomatic representations in their country of reisidence or at airport and border police service upon arrival. Once in possession of these documents, non-nationals may move freely within the country in the same way as Djiboutians. 132. With the adoption of Act No. 201/AN/07/5 th L establishing the conditions for entry and stay, Djibouti now has a specific instrument governing this area. Pursuant to this Act, deportation of a nonnational with legal stay in Djibouti can only be conducted in two ways. The first consists of an expulsion order signed by the President of the Republic on the proposal of the Minister of the Interior if the presence of this individual in the country is detrimental to the interests of Djibouti. The second consists of an expulsion order signed by the Minister of the Interior on the proposal of police authorities where absolutely necessary to preserve public order or in case of an overriding need for State security or public security. However, aliens who are subject to expulsion orders have under the Act one month to leave the country before being compelled to do so by law-enforcement authorities. 29

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