Mission Reports

Report of the human rights promotion mission to the Republic of Djibouti 25 to 31 may 2015

Report of the human rights promotion mission to the Republic of Djibouti 25 to 31 may 2015.pdf
AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA Commission Africaine des Droits de l’Homme & des African Commission on Human & Peoples’ Peuples Rights No. 31 Bijilo Annex Lay-out, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia Tel: (220) 441 05 05 /441 05 06, Fax: (220) 441 05 04 E-mail: au-banjul@africa-union.org; Web www.achpr.org REPORT OF THE HUMAN RIGHTS PROMOTION MISSION TO THE REPUBLIC OF DJIBOUTI 25 to 31 May 2015 1
ACKNOWLEDGEMENTS The African Commission on Human and Peoples’ Rights (the Commission) expresses its appreciation to the Government of the Republic of Djibouti for authorising the human rights promotion mission conducted by a Delegation of the Commission from 25 to 31 May 2015. The Commission extends its sincere gratitude to the highest authorities of the State for providing the Delegation with the necessary facilities and making available the required personnel for the smooth conduct of the mission. In particular, it would like to thank the Minister of Justice and Prison Affairs in charge of Human Rights and his staff for their support in organizing the various meetings to ensure a successful conduct of the mission. The Commission would finally like to thank the various national institutions, international and intergovernmental organizations, and the National Association of Djiboutian Women for meeting with the Delegation and for providing useful information on the human rights situation in Djibouti. 2
ACRONYMS AND ABBREVIATIONS ACHPR AIDS APEF APRM AU CARITAS CAT CEDAW CRPD CSOs ECAP FGM HIV ICCPR ICESCR IOM MOU NCHR NGOs ONARS UNDP UNESCO UNHCR UNICEF UNFED USD African Charter on Human and Peoples’ Rights Acquired Immune Deficiency Syndrome African Peer Review Mechanism African Union Confederation of Catholic relief, development and social service organisations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Convention on the Elimination of all forms of Discrimination against Women Convention on the Rights of Persons with Disabilities Civil Society Organisations European Capabilities Action Plan Female Genital Mutilation Human Immunodeficiency Virus International Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights International Organisation for Migration Memorandum of Understanding National Commission for Human Rights Non-governmental Organisations National Office for Assistance to Refugees and Disaster Victims United Nations Development Programme United Nations Education, Scientific and Cultural Organisation United Nations High Commissioner for Refugees United Nations Children’s Fund National Union of Djiboutian Women United States Dollars 3
PART ONE I. INTRODUCTION 1. The African Charter on Human and Peoples’ Rights (the African Charter), adopted on 21 June 1981 by the Assembly of Heads of State and Government in Nairobi, Kenya, became effective on 21 October 1986. Articles 30 et seq. establish the African Commission on Human and Peoples’ Rights (the Commission) thereby making it the main organ of the African Union (AU) for the promotion of human rights. 2. Under Article 45 of the African Charter, the Commission is mandated to promote human rights and fundamental freedoms enshrined in the Charter, ensure their protection, ensure the monitoring of its implementation, interpret its provisions and provide legal advice at the request of the Assembly of Heads of State and Government. In addition, the Commission is tasked with collecting documents, undertaking studies and research on African problems in the area of human and peoples’ rights, organizing seminars, symposia and conferences, disseminating information, encouraging national and local institutions dealing with human and peoples’ rights and. 3. It is in the context of the implementation of this mandate that Honourable Commissioner Kayitesi Zainabo Sylvie, Chairperson of the African Commission on Human and Peoples’ Rights and Chairperson of the Working Group on Death Penalty and Extrajudicial, Summary or Arbitrary Killings in Africa, led a human rights promotion mission to Djibouti, together with: - Honourable Commissioner Maya Sahli Fadel, Special Rapporteur on Refugees, Asylum Seekers, Displaced Persons and Migrants in Africa; - Honourable Commissioner Soyata Maiga, Special Rapporteur on the Rights of Women in Africa and Chairperson of the Working Group on Indigenous Populations/Communities in Africa; - Mr. Frederick W.K. Tamakloe, Administrative Officer, Ms. Marie Saine and Ms. Estelle Nkounkou Ngongo, legal officers at the Secretariat of the Commission. II. TERMS OF REFERENCE 4. The objectives of the mission were as follows: - Promote the African Charter, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women (Maputo Protocol) and all other regional and international human rights legal instruments; - Strengthen relations between the Commission and Djibouti in the area of promotion and protection of the rights guaranteed by the Charter and other relevant national, regional and international legal instruments; - Hold discussions with the Government of Djibouti on legislative and other measures taken to give full effect to the provisions of the African Charter, the Maputo Protocol and other ratified instruments; - Share views and experiences with the Government of Djibouti and the other 4
- - - - - - III. human rights stakeholders in the country on strategies to improve the enjoyment of these rights; Gather as much relevant information as possible on the situation of women and children and take note of best practices, affirmative action measures and, where necessary, the persistent challenges; Gather information on the situation of older persons and people with disabilities in Djibouti; Assess the level of enjoyment of economic, social and cultural rights of Djiboutians, as well as measures taken by the Government to implement these rights; Gather information on the situation of human rights defenders in the Republic of Djibouti and, where necessary, make the various stakeholders to understand the challenges faced in the effective enjoyment of their human rights; Share views and gather information on the extractive industries sector and assess the impact of extractive industries on the lives of the population and the environment; Gather information on the issue of HIV/AIDS and enquire about the measures and policies introduced by the Government to prevent the pandemic and to protect the rights of people living with HIV and those at risk of, vulnerable to, and affected by the disease; Meet with all human rights stakeholders to, among others, hold discussions on their programmes, their assessment of the human rights situation in the country and the challenges faced in the conduct of their activities; Visit prisons and other detention centres in order to learn about the detention conditions of prisoners; and Visit refugee camps in order to learn about the conditions of refugees. HISTORICAL, GEOGRAPHICAL AND INSTITUTIONAL BACKGROUND OF THE REPUBLIC OF DJIBOUTI A. Historical, socio-economic and geographical overview 5 The Republic of Djibouti gained independence in 1977. A civil war strongly affected its socio-economic situation as early as 1990 and led to serious human rights violations. Following the 1994 peace accords, a government of national unity was established and Ismail Omar Guelleh came into office in 1999. 6 Based on the general population and housing census conducted in 2009, the country has a total population of 818,159 inhabitants. The population is primarily city-based and predominantly young. It is also characterized by a significant number of nomads and immigrants from regions affected by war and economic hardship. 5
7 Given its strategic position as a trade hub between Asia and Europe, Djibouti’s economy is that of a rentier State relying on its port infrastructures and military bases and has a sizeable informal sector. 8 Despite initiatives to combat poverty, a survey revealed that extreme poverty increased significantly and was widespread between 1996 and 2002. B- Legal framework a) Human rights instruments ratified 9. The Republic of Djibouti has ratified the following major international and regional instruments: International: - The Convention on the Rights of the Child, in 1990; - The two Optional Protocols to the Convention on the Rights of the Child, in 2009; - The International Covenant on Civil and Political Rights (ICCPR) and its two optional protocols, in 2002; - The International Covenant on Economic, Social and Cultural Rights (ICESCR) and its two optional protocols, in 2002; - The International Convention on the Elimination of all forms of Racial Discrimination, in 2007; - The Convention on the Elimination of all forms of Discrimination Against women (CEDAW), in 1998; - The Convention against Torture and other cruel, inhuman or degrading treatment or punishment (CAT), in 2002; - The Convention on the Rights of Persons with Disabilities (CRPD) and its optional protocol, in 2009; - The Forced Labour Convention, 1930 (No. 29), in 2004; - The Convention on freedom of association and protection of the right to organise, 1948 (No. 87), in 2004; - The Migrant Workers Convention, 1949 (No. 97), in 2004; - The Convention on equal remuneration for men and women workers for work of equal value, 1951 (No. 100), in 2004; - The Convention on the abolition of forced labour, 1957 (No. 105), in 2004; and - The Convention on discrimination (employment and occupation), 1958 (No. 111), in 2004. Regional - The African Charter on Human and Peoples’ Rights in 1991; The Optional Protocol on the establishment of the African Court on Human and Peoples’ Rights, in 2004; 6
- The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), in 2005; The OAU Convention of 10 September 1969 on Refugees, in 2006; and The African Charter on the Rights and Welfare of the Child, in 2009. 10. The Republic of Djibouti is conducting the necessary consultations to ratify the Convention for the protection of all persons from enforced disappearance and the Convention on the protection of the rights of all migrant workers and members of their families. b) Fundamental pieces of legislation 11. The Constitution emphasizes Djibouti’s commitment to the Universal Declaration of Human Rights and the African Charter on Human and Peoples’ Rights whose provisions are directly incorporated in the Constitution. 12. The Constitution enshrines the following fundamental rights and principles: the inviolability of the human person, the right to life, freedom, security and the integrity of the individual; prohibition of torture, abuse and inhuman, cruel, humiliating or degrading treatment; the principle of non-discrimination and equality before the law; the right to a fair trial and civil and political rights. 13. The following laws and decrees were adopted to further define and implement the provisions of the Constitution: - Organic law No. 1/AN/92/3rd L amending the Elections Act; Organic law No. 2/AN/92/2nd L on freedom of communication; Organic law No. 4/AN/93/2nd L establishing the rules of procedure of the Constitutional Council; Act No. 174/AN/02/4th L on the status of regions; Act No. 140/AN/06/4th L on the adoption of a national policy on risk and disaster management; Act No. 48/AN/99/4th L establishing the new healthcare policy; Act No. 96/AN/00/4th L on the education system policy; Act No. 133/AN05/5th L on the Labour Code; Act on the special status of civil servants; Act No. 212/AN/07/5th L on the establishment of the National Social Security Fund; Act No. 79/AN/04/5th L on the Nationality Act; Decree No. 99-0059/PRE on the creation of the Ministry in charge of Women’s Advancement, Family Welfare and Social Affairs; superseded by the 2012 Act; Decree No. 2008-0093/PRE establishing the Ministry of State in charge of national solidarity; Act No. 152/AN/02/4th L on the Family Code; Act No. 192/AN/02/4th L establishing a quota system for elected positions and the civil service in favour of women; 7
- Act No. 51/AN/99/4th L relating to the Ombudsman; Decree No. 2008-0103/PRE on the establishment of the National Human Rights Commission (CNDH); Act No. 210/AN/07/5th L on combatting human trafficking; Act No. 106/AN/00/4th L on the environmental framework; Act No. 59/AN/94 on the Criminal Code; Act No. 60/AN/94 on the Code of Criminal Procedure; Organic law No. 16/AN/12/6th L on the amendment of Article 33 of the 1992 Electoral Act. c) Institutional framework 14. Djibouti has a presidential system of governance. The President defines and implements national policies, has regulatory powers and promulgates laws enacted by the National Assembly. 15. The National Assembly is the legislative branch; establishment of a Senate is planned. The National Assembly enacts laws, controls the Government’s action and amends budget, regulatory and programme laws. 16. The judiciary is independent. It consists of a comprehensive legal system and obeys the principle of the right of appeal. The Constitutional Council verifies the constitutionality of laws. IV. METHODOLOGY 17. During the Mission, the delegation met with various stakeholders in Government and other actors involved in the protection and promotion of human rights in Djibouti, with a view to exchange ideas and to collect the required information to establish the state of human rights in the country. 18. At each of the meetings, the head of delegation, made a brief presentation of the composition, mandate, operations and subsidiary mechanisms of the Commission as well as the consideration of Djibouti’s initial report by the Commission. She also presented the objectives of the promotion mission and emphasized the need to share best practices and discuss existing challenges in order with a view to assist the Commission to make relevant recommendations aimed at assisting Djibouti to better fulfil its human rights obligations. Others members of the Delegation also introduced themselves including the mandates which they are responsible for within the Commission. 19. The delegation had meetings with some of the highest government authorities in Djibouti, such as His Excellency the Prime Minister, the Ministers of Foreign Affairs, Justice, Women Promotion, Energy and Natural Resources, Health, Education, and the Interior. 8
20. The delegation also held discussions with the Ombudsman, the President of the National Commission on Human Rights, the Deputy Speaker of the National Assembly and some National Assembly Members, the Public Prosecutor at the Court of Appeal, Inspector of the Judicial Services, the President of the Bar Association and the Inter-ministerial Committee in charge of Drafting State Reports. The delegation also met with the National Union of Djiboutian Women. 21. The delegation had working sessions with representatives of the Office of the United Nations High Commissioner for Refugees (UNHCR), UNICEF, UNDP and members of ONARS (National Refugee and Disaster Victims Assistance Office on the situation of refugees, children and human rights in general. 22. The delegation visited the Ali Adde camp to enquire about the living conditions of refugees. It also visited the Gabode prison where it had discussions with the prison authorities and the detainees. 23. It is important to note that the mission received media coverage through the state-owned print and audio-visual media.The Mission ended with a press conference and the reading of the final Communiqué of the mission. 9
PART TWO I. CONDUCT OF THE MISSION 24. This section of the Report provides highlights of the series of meetings held with diverse stakeholders involved in the protection and promotion of human rights in Djibouti. A. MINISTRIES 1. MEETING WITH THE MINISTER OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION, AND GOVERNMENT SPOKESPERSON 25. The Delegation met with the Minister of Foreign Affairs and International Cooperation and Government Spokesperson, Mr. Mahamoud Ali Youssouf. Before presenting the objectives of the mission, the Delegation thanked the State of Djibouti for presenting its report and for authorizing this promotion mission. Discussions revolved mainly around the human rights instruments that are yet to be ratified by Djibouti, the need for the State to focus on issues of human rights, the situation of minorities, religious co-existence, gender parity in State institutions, and refugees. 26. The Minister responded to the various concerns of the Commission by providing a summary of the general human rights situation in the country. He indicated that they were making every effort to maintain a peaceful coexistence despite the Islamist movement. He informed the Delegation of an on-going social housing project to construct 32,000 units of which 2,000 have been completed, and that other projects were in the pipeline with the support of the Arab development funds to achieve the objective of ‘zero slums’ by 2020. On the issue of labour, he stated that Djibouti’s Labour Code is relatively open and that the country has a market-oriented economy to boost a very gloomy private sector and there were no restrictions on the movement of capital. 27. Regarding other issues including justice, he informed the Delegation of several amendments to the Criminal Procedure Code, the latest relating to acts of piracy. He also talked about the issue of migrants and refugees. According to the Minister, Djibouti is often accused of failure to combat the migrant flow and fighting human trafficking. 28. The Minister informed the Delegation that the Government was working towards integrating the Khartoum process in the fight against human trafficking. On the question of refugees, the Minister stated that, being one of the few countries which accepted to host refugees Djibouti was invaded by refugees from Yemen. However, in the light of the growing number of refugees, the State was finding it increasingly difficult to cope. 10
2. MEETING WITH THE MINISTER OF JUSTICE AND PRISON AFFAIRS IN CHARGE OF HUMAN RIGHTS 29. Members of the Delegation had a working session with the Minister of Justice and Prison Affairs in charge of Human Rights, Mr. Ali Farah Assoweh, during which various issues were discussed, including access to justice, implementation of ratified legal instruments, treaties and conventions, the existence of a legal aid system, the existence of a training programme on human rights and in-service training for magistrates, the existence of a High Council of the Judiciary and its composition. The Delegation enquired about the application of Sharia law and how it fits in with treaties and conventions ratified by Djibouti, as well as the organization of the courts, particularly with the existence of two parallel legal systems. 30. The Delegation also asked for information on the juvenile justice system, the duration of pre-trial detention and the detention conditions of prisoners sentenced to life imprisonment. 31. The Minister provided responses to some of the various questions raised by the Delegation, while indicating that those relating to violence against women including Female Genital Mutilation (FGM) and early marriage would be addressed more specifically by his colleague at the Ministry of Women’s Advancement and Family Planning in charge of Relations with the National Assembly. 32. Addressing the concerns of the Delegation, the Minister talked about the existence of a High Council of the Judiciary, based on the French system which is chaired by the President of the Republic. There was however, no school for magistrates but an in-service training programme had been established in cooperation with the Republic of France, and magistrates participated in the training within the framework of the “European Capabilities Action Plan” (ECAP) to combat piracy. Also, a national plan for training on human rights has not been developed and this is task is incumbent on the National Human Rights Commission. Magistrates have also been trained on juvenile justice. 33. Regarding the domestication of ratified international human rights instruments, these take precedence over ordinary laws according to the Constitution. Furthermore, Djibouti has incorporated in its domestic law, the provisions of certain international instruments. 34. The Minister informed the Delegation that the duration of pre-trial detention was 6 months with the possibility of extension. Concerning the treatment of long-term prisoners, the Minister stated that they were well-treated and that Djibouti treated Eritrean prisoners-of-war fairly even though they had no information on their detainees in Eritrea. 11
3. MEETING WITH THE MINISTER OF WOMEN’S ADVANCEMENT AND FAMILY PLANNING IN CHARGE OF RELATIONS WITH THE NATIONAL ASSEMBLY 35. During the meeting with the Minister of Women’s Advancement and Family Planning in charge of Relations with the National Assembly, Mrs. Hasna Barkat Daoud, the Delegation asked for information on major policies and programmes on human rights protection, including women’s rights; the fight against discrimination, of women in particular; the fight against domestic violence; support to women with disabilities; the fight against FGM; the proportion of the national budget allocated to this Ministry; women’s empowerment and their representation in decision-making bodies. 36. In response, the Minister emphasized that women began to actually enjoy their rights with the accession to power of the current President in 1990. She informed the Delegation of the establishment of a Gender Unit in 2000, which is attached to the Office of the President. The Ministry is still relatively new and has five departments. Its annual budget represents less than one percent of the national budget and they are continuing their efforts to advocate for a greater portion. 37. There is a high percentage of female magistrates (52%) whereas there are only two female lawyers at the moment. The Ministry conducts activities to combat gender-based violence, which according to the Ministry is poverty-related. However, women hardly come forward to report such acts due to cultural, religious and traditional considerations. The Ministry is trying to combat this culture of silence and get them to talk and report violence committed against them. Furthermore, the Family Code includes provisions for divorce to be filed and women can now initiate such proceedings. 38. Persons with disabilities are supported by a special unit established to this effect. A national solidarity fund was established providing women with support. The Ministry, in collaboration with the Ministry of Health, is implementing a policy on family planning, prevention of risks associated with maternal and child health, and dissemination of best early childhood practices. It also implements, in collaboration with the Ministry of Youth and Sports, programmes for young people on the prevention of risk behaviours, focusing on HIV/AIDS in particular. 39. The Ministry signed a project document in support of Gender promotion for 2015 with the United Nations Development Programme (UNDP). The institutional capacities of the Ministry’s department in charge of women’s affairs will also be enhanced as part of the agreement. 40. At the political level, prior to the ratification of the CEDAW by Djibouti in 1998, the representation of women in political spheres and decision-making 12
bodies was almost non-existent. For example, there were no women in Parliament, no women in municipal bodies, no woman had been appointed Minister or Secretary General or elected as Mayor or president of a political party. Reforms were hence conducted to remedy this situation including the law, adopted in November 2002, establishing a quota system which requires that at least 10% of elective and high government offices are held by one or the other gender, the National strategy for the integration of women in development adopted in July 2002, and the Presidential Decree on women holding at least 20% of high government offices signed in November 2008. 41. Despite many awareness-raising and advocacy campaigns, and the existence of a law prohibiting FGM, the practice is still widespread in the country. The Ministry is planning to strengthen collaboration with the National Human Rights Commission (CNDH) in this regard. 42. On the question of women’s empowerment, micro-credit programmes were established to help women start income-generating activities. 4. MEETING WITH THE MINISTER OF NATIONAL EDUCATION AND VOCATIONAL TRAINING 43. The Delegation was received by Dr. Djama Elmi Okieh, Minister of National Education and Vocational Training, and enquired about the educational system status of Djibouti. It requested for information on the national budget for education and its compliance with UNESCO recommendations in this regard; teacher training including in-service training; measures adopted to improve the quality of education; programmes established to fight against illiteracy; the issue of girls dropping out of school; education in rural areas; education of refugee children; training of women in informal sectors; and literacy programmes in national languages. 44. The Delegation also requested for information on the education of persons with disabilities including the deaf, the blind and persons with mobility impairment; the national education strategy; and the school enrolment rate in the different cycles for girls and boys. 45. The Minister thanked the Delegation for this visit and its interest in the education sector of Djibouti. He then stated that education is a priority for the Government and schooling was compulsory for all children up to the age of 16 years. He further indicated that parents who did not follow this law could be prosecuted. Regarding the budget, the Minister informed the Delegation that his Ministry received the largest portion of the national budget (between 23 and 24%) in addition to support from partners such as UNICEF, UNESCO, etc. 13
46. On the contents of school curricula, he indicated that a few changes had been made relating to geography, economics and history in order to reflect the realities of Djibouti (previously, these programmes were mainly based on the French curricula). Most text books are now published in Djibouti thereby considerably reducing costs. The quality of education is improving and the rate of enrolment is approximately 70%. Persistent problems however remain in the regions and itinerant schools were established to provide education to children of Nomads. 47. Schooling of refugee children is an issue, especially with regard to the curriculum which is based on that of Kenya. The said curriculum could not be validated by the Ministry of Education of Djibouti and as a result the certificates of refugee children are not recognized. This issue is currently being discussed with the refugees, education officers at the camps, the Ministry of Education, the Office of the High Commissioner for Refugees (UNHCR) and all other stakeholders involved with a view to finding a lasting solution. 48. The Ministry is working towards providing schools with IT equipment and internet connectivity. There are teacher training centres and in-service training is planned to be conducted on a regular basis in the near future. The Ministry is currently developing a teacher’s guide and, as part of its human resources development efforts, teachers have been recruited into the civil service. 49. To encourage teachers in their noble profession, the Republic awards medals and a bonus to the best teachers during National education day celebrations. It was decided by presidential decree that 30% of housing in future estates will be allocated to teachers and loan facilities offered by the banks. 50. There are primarily two types of education in Djibouti: that of children and that of adults including women, which is coordinated with the Ministry of Women’s Advancement. Students with disabilities have access to education adapted to their needs. There is a mother-child school for the deaf and another for the blind. Students with mobility impairments are integrated into the general system depending on the degree of their disability. 51. There is an on-going project on the delivery of education in national languages, education is free and books are subsidized in public schools, and all first grade students received a tablet for educational purposes. 52. There are more girls enrolled in schools and the school completion rate was 60% for the previous academic year. Vocational training is also taken into consideration with the existence of technical high schools and the accreditation of professional achievements and ad hoc training for school drop-outs (training on security, fisheries, truck driving, etc.). 14
5. MEETING WITH THE MINISTER OF INTERIOR 53. During its meeting with the Minister of Interior, Mr. Hassan Omar Mohamed Bourhan, the Delegation enquired about the configuration of political parties, national laws on the multi-party system, the functioning of the judicial police and its impact on cases it is assigned, and the existence of gender units in police stations to deal with female victims of sexual abuse in particular. It also enquired about the existence of a police academy, of a programme on human rights, and whether measures had been taken by the State to bring government services closer to the populations. 54. The Delegation expressed interest as to whether Djibouti had a law on freedom of association and of assembly, freedom of demonstration and freedom of religion and a law governing national and international Nongovernmental organizations (NGOs) as well as their registration procedures. It requested information on the training received by the police on how to apprehend individuals during demonstrations. The Delegation also asked about the number of refugees and migrants in detention. 55. After welcoming the Delegation to Djibouti, the Minister indicated that associations were governed in Djibouti by the French law of 1901 on associations and that there were 876 registered associations in the country. There is also a law on political parties and there are currently 8 registered parties. The Constitution of Djibouti does not however restrict the number of political parties. There are no restrictions on the freedom of religion. 56. The Minister stated that the police serve the population and had received several training on various themes. Human rights units have been established within the police service. Regarding support at police stations to female victims of violence, the Minister suggested discussions with the Chief of Police who could provide the Delegation with precise information. 57. The Minister then informed the Delegation that there were about 16,709 refugees in Djibouti at the time of the meeting and that the influx of refugees from Yemen was on the rise. In total, there were 11,800 Somalians, 2,480 Ethiopians, 812 Eritreans, 3 Syrians, 5 Palestinians, 1 Iranian and 1,608 Yemenis. 58. The situation of refugees from Yemen is of concern because more have been arriving in Djibouti on a daily basis since the start of the crisis. Though many were only in transit en route to another destination, the majority stayed in Djibouti under the responsibility of the State which has been finding it increasingly difficult to cope with the situation. Among refugees from Yemen, 37 from Aden had gunshot wounds, and over 7,000 were of other nationalities and have been repatriated to their countries of origin by their respective governments. 15
59. The Government is working with UNHCR to develop long-term solutions to the refugee problem and has recruited over 6,000 refugees into the civil service. 6. MEETING WITH THE MINISTER OF ENERGY IN CHARGE OF NATURAL RESOURCES 60. During the meeting with the Minister of Energy in charge of Natural Resources, Mr Ali Yacoub Mahamoud, the Delegation enquired about the impact that the exploitation of natural resources had on human rights and on enhancing the status of women and rural populations. The Delegation also enquired about the conservation of natural resources, the existence of a mining code and if the latter was subject to review. Geothermal issues and their possible effects on populations were also raised as well as safeguards to be put in place by extractive industries to protect the populations. 61. In response to the various issues raised by the Delegation, the Minister indicated that his Ministry had three mandates, namely, facilitating access to electricity, exploiting hydrocarbon fuels, and exploiting mining resources. The Government plans to use 100% green energy by 2020. At present, the country has attained 65% as a result of the interconnection that was obtained in May 20111, and which enables Djibouti to buy hydropower-generated electricity produced by dams that were constructed in recent years in Ethiopia1. However there is untapped potential in terms of geothermal energy (water, solar, wind). 62. An oil company, financed by the Arab international bank, has been established to import oil and end the monopoly held by Total and Oil Libya. The country is also planning to lower taxes on products such as gas and kerosene to encourage their use and reduce that of firewood. The population also benefitted twice from electricity price reductions. The construction of a new pipeline is also planned and its impact on populations living in surrounding areas will be taken into account. 63. The Ministry is working on the installation of solar panels and the utilization of wind energy to ensure access to electricity for all. It intends to develop integrated villages using green energy. In terms of mining resources, the Ministry is currently finalizing a map on the location of mining resources following an inventory conducted earlier. This will allow the identification of employment-intensive areas. The issuance of mining permits is under the 1 In November 1999, the Republic of Djibouti and the Federal Democratic Republic of Ethiopia concluded a cooperation agreement on electricity interconnection between the two countries. https://fr.wikipedia.org/wiki/%C3%89lectricit%C3%A9_de_Djibouti 16
purview of the Government. It issues two types of permits, industrial and artisanal (individual) permits – artisanal permits are for individual holdings. The fee for an individual permit is quite low. 64. Djibouti produces salt and operating permits as well as procedures for the issuance of these permits are regulated by an inter-ministerial committee chaired by the Ministry of Energy. Certain perimeters are reserved for populations living in the area. The Government is encouraging populations to settle in one place, with great difficulty. Illegal industrial exploitation does exist but not on a large scale. 65. It is mandatory for companies exploiting natural resources to adopt measures for wildlife and environmental conservation and ensure that populations also benefit from their activities. They are therefore required by the State to build infrastructure for the populations including boreholes, roads, schools and health centres. 66. The State is fully committed to combatting climate change and the realization of several cross-border infrastructure projects such as regional hospitals with Ethiopia in particular. In conclusion, the Minister stated that Djibouti had major projects but the workforce was still insufficiently trained. He assured that they were working to resolve this issue. 7. MEETING WITH THE MINISTER OF HEALTH 67. The meeting between the Delegation and the Minister of Health, Dr. Kassim Issak Osmana, touched on issues relating to maternal and child mortality, major public health policies, health coverage for elderly persons and those with disabilities, health coverage for people living with HIV/AIDS, social protection, the health programme in prisons, training of health personnel, public and private health facilities, and the organization of the pharmaceutical sector. The Delegation also requested information on access to healthcare for refugees and migrants. 68. In response, the Minister indicated that access to healthcare is open to all without discrimination and free healthcare is available including free essential medications (until 2004 for medications). Djibouti has 13 community health centres and 7 hospitals. There are 3 doctors per region (Djibouti has 5 regions) who are general practitioners for the most part. 69. There are two health training institutes with 3-year programmes to train midwives, nurses and lab technicians. Though there is currently a lack of specialists, this issue will be resolved with the graduation of the first batch from the Faculty of Medicine and the training of certain doctors in specialized fields to meet the needs of patients. Traditional medicine is not well developed. 17
70. The State is in the process of establishing universal health coverage to reduce public spending in healthcare. The cost for treatment of HIV/AIDS, malaria and tuberculosis is fully covered by the State. Stigmatization of AIDS patients has diminished and Djibouti adopted a law condemning stigmatization and another on the rights of persons living with HIV/AIDS. 8. MEETING WITH THE PRIME MINISTER AND DEBRIEFING SESSION 71. The Delegation met with the Prime Minister to pay its respects and present the preliminary results of the promotion mission conducted in Djibouti. 72. The Delegation summarized its conclusions following the different meetings and working sessions with the various stakeholders and made a few preliminary recommendations regarding the human rights situation in Djibouti. 73. It thus noted good practices implemented by the Republic of Djibouti in the area of promoting women’s rights including equal pay between men and women, adoption of the presidential decree on the 10% quota for women in positions of leadership and the adoption of various laws on FGM, social security and retirement, among others. It also commended the Republic of Djibouti for hosting refugees including Yemeni refugees despite its limited resources. B. OTHER GOVERNMENT OFFICIALS 1. MEETING WITH THE SECRETARY GENERAL OF THE MINISTRY OF JUSTICE 74. The Delegation held a working session with the Secretary General of the Ministry of Justice, Mr. Abdi Ismael Hersi, to discuss issues relating to justice including management of legal aid, training of magistrates and administration of justice. 75. The Secretary General informed the Delegation that legal aid was governed by a law adopted in 2011. This law identifies eligible beneficiaries. A bureau, whose composition is indicated in the said law, has been established to handle such requests. However, substantial funds should be earmarked for legal aid in the Ministry’s budget. The bureau identifies eligible cases and then requests for a court-appointed lawyer. There are no set rates for the services of the lawyer; the bureau approves the invoice for payment. 76. Concerning the structure of the judicial system, all of the courts are primarily based in Djibouti-city. Until 1977, there were three systems including customary, Sharia and common law. There are only two systems now: Sharia 18
law and common law. There are plans to establish regional tribunals (South, North and Centre) and law centres to address the needs of populations. 77. The Government established the Office of the Ombudsman to deal with local issues (minor injury cases, rent, neighbourhood problems, etc.). Agreements signed between parties before the Ombudsman are binding and the case can no longer be brought before the courts. There are also mobile court hearings which mainly deal with family issues. 78. Regarding the administration of justice, Djibouti does not have a Council of State; final rulings are delivered by the Court of Appeal. The juvenile court is not quite operational yet and does not have an investigating chamber. Cases brought before the juvenile court are subject to a specific procedure. 79. There are major shortcomings in the judicial sector but efforts are being deployed to resolve these issues. Until 2000, there was no act on the status of the judiciary, only a law determining their wages. A law was finally enacted in 2001 and the High Council of the Judiciary established. Magistrates are recruited through competition – from 25 magistrates in 2000, they are now 143 in number in 2015. Salaries of magistrates have also increased from USD 400 to USD 1,640 which includes housing, transport, communication and internet allowances. All magistrates are currently based in Djibouti-city and the majority are assigned to the Court of first instance. 80. There are no specific programmes for training of populations on human rights aside from a few seminars. The Ministry is however currently putting in place an extensive law library, both physical and digital, to facilitate the work of the courts and help citizens know their rights better. 2. MEETING WITH THE PUBLIC PROSECUTOR 81. Discussions between the Delegation and the Public Prosecutor, Mr. Djama Souleiman Ali, focused on arrests, police custody, legal aid, the judicial system, duration of pre-trial detention and the fight against torture. 82. The Public Prosecutor provided an overview of Djibouti’s court system, which includes a Court of First Instance, a Court of Appeal and a Supreme Court also serving as a Court of Cassation. They are all based in the city of Djibouti. 83. The Public Prosecutor appears before the Court of Appeal and the Supreme Court. Muslim law and positive law have jurisdiction over cases relating to personal status; it is a parallel system harmonized at the level of the Supreme Court. The Court of First Instance is presided over by a judge. Within a few 19
years, the number of magistrates has grown from 10 to about 130 and the majority are women. 84. The criminal justice system is in essence based in the city of Djibouti although there is a certain form of decentralization with regard to cases on civil law and personal status. The Public Prosecutor has authority over the judicial police. Police custody is poorly managed due to the lack of personnel and proceedings have been cancelled following complaints of torture perpetrated by police officers. 85. The Code does not provide for the extension of pre-trial detention in criminal cases but, given the slowness in the processing of cases at the court of first instance, the duration increases. In an effort to remedy the situation, the processing of criminal cases was accelerated to clear the backlog and at the time of the meeting, there were about 25 criminal cases dating back to 2010, 2011 and 2014, and one or two cases from 2006 or 2008. 86. Eighty percent of crimes are of a sexual nature (gang rape) committed by young people in general. There are also crimes relating to drug offences and violence against parents. Djibouti does not have judges in charge of overseeing the enforcement of sentences and this makes the task more difficult for the judicial system. The Code includes an article in that respect, though its implementation is difficult in the absence of a law granting the judge precise and extended authority. Currently, the judge only has jurisdiction over parole. 87. The Delegation also asked whether there were plans to reform the judicial map and bring the system closer to citizens as well as plans regarding the training of judicial staff. The Prosecutor indicated that given the large influx of immigrants, the establishment of a court in the north of Djibouti was being considered. There is however no training centre for prosecutors, and small seminars they would normally attend have been gradually decreasing in number. There is hence a severe lack of training opportunities. On the issue of legal aid, he stated that public awareness-raising campaigns had to be conducted to make it better known to potential users. 3. MEETING WITH THE INTER-MINISTERIAL COMMITTEE 88. The Inter-ministerial committee was established in 2008 following a workshop attended by the Representative of the UN High Commissioner for Refugees. In 2008, Djibouti had ratified practically all instruments but was yet to submit a report aside from that on the rights of the child. 89. The Committee is in charge of preparing human rights reports. Initially, there were 23 members from various sectors and civil society. They prepared two 20
reports: one relating to the Convention on the Rights of Persons with Disabilities and the other to the International Convention on the Elimination of all Forms of Racial Discrimination. 90. In response to the question as to why they were late in submitting their report to the African Commission, the Committee stated that this was largely due to the fact that Djibouti was situated far from the Commission’s headquarters in Banjul and that the Commission was flexible with States in the submission of their reports. 91. The Committee lacks resources and this has largely contributed to the departure of some of its members because they were not paid. The Committee’s work methodology consists of collecting information from the relevant persons, preparing a first draft which is validated during a workshop, and finalizing the report. In carrying out its mandate, the Committee is faced with numerous challenges including difficulties to have ministers appoint focal points within their respective ministries and the lack of funds to effectively conduct its work. C. MEETINGS WITH NATIONAL INSTITUTIONS 1. MEETING WITH THE NATIONAL HUMAN RIGHTS COMMISSION (NHRC) 92. At the meeting with the NHRC, the Delegation enquired about its independence, its regional representation, the regular submission of reports, the number of commissioners and whether permanent committees were established within the commission. It also requested information on the framework for exchanges with NGOs including women’s organizations, collaboration with civil society on FGM-related issues, and their plans for the Year of Human Rights (2016). 93. Lastly, the Delegation asked if the NHRC conducted awareness-raising and human rights promotion in local languages and had a communication plan. 94. The Delegation was received by Mr. Ali Mohamed Abdou, Chairman of the NHRC, who informed them that the NHRC was established in 2008 by presidential decree. Its mandate is to promote and monitor human rights in the Republic of Djibouti. To this end, it organizes training and awarenessraising workshops on human rights. It also receives complaints and provides support to complainants in their efforts to seek legal remedies. 95. The NHRC was initially composed of 21 members and only the Chairperson and the Secretary General were permanent members. It is now governed by a new law reforming the presidential decree and appointing permanent 21
commissioners. This will facilitate the work of the NHRC. Various subcommittees have also been established within the NRHC. 96. The NHRC is composed as follows: a representative of civil society, a representative of religious leaders, a member of the bar, and a representative of the Ministry. Members elect the Chairperson and three of the commissioners have to be women. Commissioners enjoy immunity during their term of office in the same manner as parliamentarians. The NHRC receives a small autonomous budget. It is part of several Arab and Francophone human rights networks but is yet to be affiliated with the African Commission on Human and Peoples’ Rights. It is yet to be fully compliant with the Paris Principles. 97. The NHRC has conducted several activities to promote human rights including the production of legal guides on Female Genital Mutilation (FGM) and HIV/AIDS for judicial police officers. It encourages dialogue between citizens and public authorities in collaboration with several ministries to ensure implementation of recommendations made by various human rights mechanisms. The NHRC also makes its own recommendations. 98. The mid-term review it conducted on the implementation of recommendations revealed mixed results with areas for improvement. The NHRC did not participate in the elections as an observer but organized awareness-raising sessions in this regard. It will continue to advocate for its involvement in the next elections. It will also request a budget increase to enhance its performance and effectively implement its activities. 2. MEETING WITH THE OMBUDSMAN 99. Discussions between the Delegation and the Ombudsman, Mr. Souleiman Miyir Ali, focused on the institution’s mandate, implementation issues, the 5year non-renewable term of office, accessibility, implementation and follow-up of recommendations, and its relations with the NHRC, women, parliamentarians and civil society. 100. The Ombudsman welcomed the Delegation and thanked them for their interest in his mechanism. He then presented the historical background of the institution. Established pursuant to Law no. 51 of 21 August 1999, it has representations at the regional level where the majority of employees are men in contrast to Djibouti-city where female employees represent the majority. The key role of the Ombudsman is to promote good governance, the rights of citizens and public service users. It can receive complaints through parliamentarians and citizens may also submit a complaint in writing or come in person to report abuses. 22
101. The Office of the Ombudsman plays only an advisory role; it makes numerous recommendations but very few are acted upon. There is some reluctance on the part of government services to accept responsibility for errors, compounded by the lack of knowledge about the laws and rights of individuals. A law is being drafted on relations between the government administration and users which will make it mandatory for the administration to give reasons for decisions it makes. A new organic law will allow citizens to refer matters directly or indirectly (through a parliamentarian) and for the Ombudsman to take up matters on its own initiative. One of the new responsibilities of the Ombudsman based on this law will be its competence in terms of issues relating to children and their protection. 102. The Ombudsman maintains good relations with the NHRC and the Ministry of Justice. It does not intervene during judicial proceedings but plays a part in the enforcement of the ruling. It can also hear disputes relating to social and economic rights including payments to pensioners. One of the biggest challenges it faces is remaining neutral in order to preserve its credibility. 3. MEETING WITH REPRESENTATIVES OF THE NATIONAL ASSEMBLY 103. The Delegation held a working session with the Speaker of the National Assembly, His Excellency Ambassador Ismael Goulal Boudine, and some parliamentarians. Discussions focused on the composition of the National Assembly, human rights promotion, the existence of a human rights committee within the National Assembly, presentation of the NHRC’s report, ratification and implementation of human rights instruments. The Delegation also requested information on the number of female parliamentarians and their presence in decision-making bodies. 104. It enquired whether National Assembly members had the possibility to discuss priority issues such as the refugee situation, had representations at the regional level, the process for adoption of an organic law and relations between opposition parties and the ruling party. Furthermore, the Delegation asked whether the Assembly exercised its parliamentary control and had ever called upon the Prime Minister or the Minister of Justice to be heard on any matter. 105. The Speaker thanked the Delegation for their visit and indicated that the National Assembly comprises 65 members, of whom 55 are from the ruling party UNB (Union pour la Mouvance présidentielle) and 10 from the opposition. There are seven female parliamentarians. The five opposition parties present at the National Assembly have formed a coalition. The allocation of seats at the parliament is conducted per tribe and in the light of the fact that tribal chiefs are men, it was difficult to persuade them to give up seats for women. 23
106. The National Assembly bureau is composed of 5 members: a Chairperson, 2 Vice-Chairpersons, 1 Quaestor and 1 Secretary General. There are several committees dealing with various issues (security, environment, foreign affairs, social affairs/human rights). A joint committee was established composed of 4 parliamentarians from opposition parties and 4 from the ruling party to oversee the implementation of reforms. 107. The Assembly is in charge of integrating ratified treaties and conventions into national laws; laws are adopted by the Assembly and enacted by the President. Adoption of an organic law requires a two-thirds majority vote of the National Assembly and the Constitutional Court conducts an a priori review of these laws. The Assembly exercises control over Government actions and organizes campaigns in regions to monitor and oversee actions on the ground. They hence called upon the Ministry of the Interior to answer questions relating to the structure of NGOs. 108. The inadequate representation of women in decision-making bodies is due to the fact that only recently (2000) have women been active in politics; the Ministry in charge of women’s affairs was established in 1998. A change in mind-sets regarding the involvement of women in politics is starting to slowly filter through. Though they are few in number, women have been very active and were the forces behind laws on FGM, social security and retirement. Female parliamentarians have formed networks with other parliaments. 109. The National Assembly has engaged the country in the African Peer Review Mechanism (APRM) and maintains relations with parliamentary groups in various countries (France, Belgium, Japan, Ethiopia and China). 4. MEETING WITH THE PRESIDENT OF THE BAR 110. The Delegation had a working session with the President of the Bar and discussed, inter alia, issues relating to access to justice, conditions for access to the profession, pre-trial detention conditions, legal aid and enforcement of the law against FGM. 111. Access to justice is free in principle and although procedures to receive legal aid were revised two years ago, they are still cumbersome and little known to the general public. It is not functioning as effectively as expected, with language-related issues among others. 112. The Bar has not developed relations with the African Commission. Access to the profession of lawyer is subject to authorization by presidential decree; only Djiboutians can serve as lawyers in the country. There are currently 30 24
lawyers, all based in Djibouti-city including one woman. Four other women will soon be called to the bar. 113. The judicial system is divided into three areas: customary, personal and positive law. Personal status is governed by Sharia law, applied by the Cadis who are appointed based on their lineage. Women are discriminated against particularly in terms of inheritance. 114. The duration of police custody is 48 hours and can be extended. The lawyer does not have access to the detainee during this period even though the Constitution guarantees this right. The average duration of pre-trial detention is 6 months. There are only two criminal court sessions in the year (99% of criminals are foreigners). Mobile court hearings are held in rural areas. 115. A juvenile court has been established but is not functioning effectively and there is no half-way house for young juveniles. Corruption is present and undermines the independence of the judiciary, though not on a large scale. Most magistrates are women (80%). There is no training school for judges and most are trained on the job. Besides, none of the appointees as Minister of Justice has had legal training. Application of the law on FGM has met with a fair amount of resistance from the society, though this practice is on the decline. Not many excisers have been sentenced due to the absence of complaints. 5. MEETING WITH THE NATIONAL UNION OF DJIBOUTIAN WOMEN (UNEB) 116. The Delegation held a working session with the National Union of Djiboutian Women. The purpose of this meeting was to understand the objectives of the association, its achievements and challenges faced in combatting early marriages, the representation of women in decision-making bodies and enquire if it had developed a list of female senior officials. The Delegation also asked whether the association worked with UN Women and undertook actions to enhance its visibility at the international level. 117. The association is active in the fight against FGM in the capital city and in regions. It works with over 300 local associations nationwide to collect information and raise awareness. It also has branches in the various neighbourhoods within the capital. 118. The association established a listening centre in collaboration with other associations. The centre is managed by paralegals and provides support to people in need, women in particular. The association also works on genderrelated issues. It has signed MOUs with the ministries of justice, health and women’s advancement to collaborate on certain issues relating to women’s 25
rights. Regarding the education sector, it is active in two areas: literacy activities and the “second chance” educational programme for school dropouts which is subsidized by the State. It also provides training for women on project financing. 119. The association developed a guide on combating sexual abuse for the general public. It does not have funds for micro-financing but conducts training for women on the management of small projects. The Delegation thanked members of the association and urged them to pursue their efforts. It suggested that they apply for observer status with the African Commission on Human and Peoples’ Rights in order to develop exchanges with other NGOs, share their experiences as well as their accomplishments and hence participate in the promotion and protection of women’s rights at the regional level. 6. MEETING WITH THE NATIONAL OFFICE FOR ASSISTANCE TO REFUGEES AND DISASTER VICTIMS (ONARS) 120. The Delegation met with representatives of the National Office for assistance to refugees and disaster victims (ONARS) to enquire about its collaboration with UNHCR on the identification of refugees, its management of the influx of refugees from Yemen including Djiboutians coming from Yemen. 121. The ONARS representative informed the Delegation that the institution was created in February 1978 during a crisis situation and had a humanitarian mission. It manages three refugee camps mostly composed of Somali and Ethiopian refugees. It recently had to assist refugees from Yemen despite its current financial difficulties. They did not receive additional funding to cope with this influx. 122. Moreover, Yemeni refugees refuse to move to refugee camps and prefer to stay at the port thereby complicating an already critical situation (their identification in particular). They also talked about difficulties they face in the management of camps including the education of refugees. D- OTHER PARTNERS – INTERNATIONAL ORGANISATIONS 1. MEETING WITH THE OFFICE OF THE HIGH COMMISSIONER FOR REFUGEES (UNHCR) 123. The Delegation met with the Representative of the UN High Commissioner for Refugees (UNHCR), Mrs. Honorine Sommet Lange, to discuss the refugee situation in Djibouti. 26
124. The Delegation requested information on challenges UNHCR faces, specific programmes they have put in place, the origin of refugees, the fight against sexual violence in camps, reintegration programmes, training of refugees, HIV/AIDS testing in camps, assistance to elderly persons and persons with disabilities, how UNHCR manages the long-term refugee situation, will they be conducting voluntary repatriation operations and how refugees were identified (where they identified prima facie). 125. The Delegation also requested information on relations between UNHCR and the National Office for assistance to refugees and disaster victims (ONARS) and possible partnerships between UNHCR and local NGOs for assistance to refugees. Particularly if they did receive asylum requests from migrants and how they dealt with the influx of refugees from Yemen. 126. The Representative thanked the Delegation for its visit and interest in the situation of refugees, a crucial issue in Djibouti. She asserted that the Government had a generous approach to receiving refugees but the movement of refugees had been restricted since last year’s attack. There are approximately 16,000 refugees in Djibouti. UNHCR has put its activities on hold and refugees are now at a transit centre. The border is officially closed and trucks from Somaliland no longer enter the territory but people are still walking across. The influx of Smali refugees has also been suspended. UNHCR is advocating for a change because restrictions on their movement have a significant impact on the lives of refugees, particularly those who are in employment. To resolve this situation, they requested for refugee cards signed by ONARS and UNHCR to be reactivated and this was accepted after lengthy negotiations. 127. Regarding the origin of refugees, Somalis and Ethiopians make up the majority but Eritreans and Yemenis continue to arrive on a daily basis. Support was provided to resettle 205 Eritrean refugees in the United States and deserters of the Eritrean army at the ALI ADEH camp. 128. The Al-Shabab threat is real and they are targeting both the UN and other representations of the international community. Collaboration with the Government has been good but there is some misunderstanding on finding sustainable solutions including local integration. Advocacy efforts are ongoing in this regard. To combat statelessness, the Government commenced issuing birth certificates in July 2013 as well as supplementary judgments (about 5,000 children need a supplementary judgment concerning their birth records). UNHCR has created incentives for parents to declare their children such as the refusal to include the child on the ration card if he or she is not declared, and the payment of stamp duty. 129. The Representative informed the Delegation that despite the influx of new refugees (from Yemen in particular), their level of funding was not 27
substantial because Djibouti is not a priority for donors. At the country level, local integration is not accepted by the authorities and efforts are being made to ensure the socio-economic integration of long-term refugees with the construction of semi-permanent houses. The resettlement of Somali refugees is becoming increasingly difficult because host countries are refusing to allow them into their territories or otherwise on the basis of very small quotas. The UNHCR Representative indicated that they are trying to renew interest in Somali refugees with a view to reaching a long-term solution. 130. The school curriculum is taught in English with the support of an NGO, and teachers are recruited from the refugee population. However, the curriculum, which is based on the Kenyan programme, is not validated by the Ministry of Education of Djibouti and this persuades parents against sending their children to school. Parents have recently accepted that their children attend primary school based on Djibouti’s curricula and discussions are underway with the Minister of Education and the First Lady for refugee children to be enrolled in public schools next academic year. 131. UNHCR has also created incentives to encourage the enrolment of girls (one can of oil per family if their daughter is in school). There have been a few cases of rape at the Ali Adeh refugees’ camp and judicial proceedings are being monitored. One of the key constraints is the lack of specialists to provide psychological support to victims of sexual violence. 132. UNHCR has developed programmes on income-generating activities but it currently lacks funding for implementation. Nonetheless, 250 refugees received training through an American NGO in collaboration with the International Organization for Migration (IOM). UNHCR is monitoring the situation for these refugees to find jobs. It is hence conducting talks with the authorities on a law to strengthen the rights of refugees to work. 133. HIV/AIDS is routinely tested in camps. Access to anti-retrovirals (ARVs) was slightly disrupted but refugees joined the national ARV distribution programme. Somali refugees are identified prima facie and those from Somaliland, Ethiopia and Eritrea are identified on an individual basis. The Representative indicated that to her knowledge there had been no repatriations to the central part of Somalia, but rather to other regions, and UNHCR is conducting advocacy in this regard. 134. They maintain good relations with ONARS and work together to conduct awareness-raising and training activities. They also work with two other partners, namely the National Union of Djiboutian Women (UNFED) and APEF, a Kenyan NGO. Other UN agencies also take refugees into account in their different programmes including asylum seekers. Somali migrants apply for asylum when arrested whereas Ethiopians never seek asylum. 28
2. MEETING WITH THE UNITED NATIONS CHILDREN’S FUND (UNICEF) 135. The Delegation was received by the UNICEF Resident Representative. to discuss the work of the latter in areas relating to girls’ education, child marriages, government support for the realization of children’s rights, its partnership with the Ministry of Women’s Advancement and the issue of child beggars, among others. 136. UNICEF is involved in several programmes in the health and education fields among others. The right of access to water and drinking water, to health is essential and the health system is weak. UNICEF provides significant support to vaccination campaigns and finances capacitystrengthening programmes for health professionals. 137. They also implement hygiene and sanitation programmes. Nutrition programmes are also vital because the malnutrition rate is quite high (17% in Djibouti-city and 25% in other regions). The causes of malnutrition include lack of water, early weaning of babies and lack of food. A large segment of the population depends on rations supplied by the World Food Programme (WFP). UNICEF has developed a programme with the Ministry of Health on malnutrition and a great deal remains to be done. 138. Regarding education, a study conducted in collaboration with the Ministry of Education revealed that 25% of children were not enrolled in school though most are not Djiboutians. They finance the acquisition of school kits, construction of schools, education loans and work with the Ministry to promote formal education and with women for the development of community schools. 139. Reservations about girls’ education are closely linked to traditional practices as well as the distance between the home and the school. Parents are also reluctant to send their daughters to middle schools in other towns. There are not many child marriages and this phenomenon is not actually a cause for girls dropping out of school. UNICEF also provides support for teacher training because many children leave school without knowing how to read or write. There is also the language barrier to be taken into consideration and some children spend the first few years learning French. 140. UNICEF works in collaboration with other partners and ministries on specific themes. It has thus worked with the Ministry of Justice to develop the legal framework for combatting FGM, with Catholic Relief (CARITAS) in the social protection field to provide coverage for street children, and with the Ministry of Interior with regard to child refugees. 29
141. There are no statistics on the proportion of street children nor are there social services. Efforts are being made to ensure the introduction of social assistants in the new Children’s Code being developed to accompany children. 142. They are working with the Government on the new Children’s Code which will also include alternative measures to detention; the juvenile justice system was only recently established in the country (in 2010). There are several barriers to birth registration such as the cost of registration, parents lacking identification papers, and the belief that registration is not important. 143. The new legislation (Children’s Code) includes a mobile registration service with headmasters and village leaders acting as relays. This is however yet to be officialised. The rate of FGM was 93% in 2006 despite a law adopted in 1995. However, it has been observed that practice of the most severe forms of excision is on the decline. The first case was only brought before the courts this year. A police officer had refused to register the complaint and the prosecutor seized the matter directly. 3. MEETING WITH THE RESIDENT REPRESENTATIVE OF THE UNITED NATIONS DEVELOPMENT FUND (UNDP) 144. The delegation met with Mrs. Valérie Cliff, UN Resident Coordinator and Resident Representative of the United Nations Development Programme (UNDP). The Delegation requested information on programmes relating to women’s empowerment, particularly in the context of the African Union’s Year of human rights, and the general human rights situation in the country. 145. The Government of Djibouti has been making considerable effort to improve the human rights situation in the country, though more needs to be done in terms of freedom of expression and of association. It is not motivated to make further effort due to the absence of strong opposition parties and civil society. There is only one newspaper, which is controlled by the Government, and the main women’s association that is active in the area of human rights fails to encourage people to talk about their rights and reach local populations. There are no national NGOs in Djibouti and international NGOs mainly work with refugees. 146. Due to Djibouti’s strategic location, most countries with military personnel stationed in Djibouti do not really press the latter on other issues for fear of losing their strategic advantage. There is also the “soft” drug (khat) which creates a strong addiction and has an adverse effect on socio-economic development. The arid climate and rainfall deficiency do not encourage foreign investor participation and the development of income-generating activities. 30
147. The economy is based primarily on trade in khat and exchanges with Ethiopia, and corrupt practices hold back investments. Djibouti is a Muslim country which practices moderate Islam in co-existence with other religions. It is however faced with certain challenges between the three major ethnic groups, namely the Afar, the Somali (currently in power) and the Yemeni. The FGM rate is still high despite efforts deployed by the Government as a result of mothers sending their daughters to undergo this practice. 148. The UNDP Representative also talked about the positive actions undertaken by the Government including the hosting of Yemeni refugees despite its limited resources. E- VISITS 1. VISIT TO THE GABODE PRISON 149. The Delegation visited the Gabode prison, the main prison in Djibouti. There are two other prisons, one at Dikhat which was closed for renovation and another at Hohelo with 25 inmates. A new prison is under construction in the outskirts of Djibouti-city. 150. During its visit, the Delegation met with the Director of the Prison, Commander Mohamed Djama Yonis, and discussed about the prison population, overcrowding issues, female prisoners (2 to 3%), security and court-related constraints, court orders for release, and pre-trial detention which can last up to 2 years as a result of the mobility of judges and the infrequency of criminal hearings. 151. Prison authorities submit reports on inmates to the Public Prosecutor. Guards have attended training on human rights and prisoners are served three meals a day, which they prepare themselves. There is a health clinic in the prison with a doctor, two nurses and two auxiliaries. Two other nurses are currently in training at the Faculty of Medicine and another doctor is in training in Guinea. 152. The Red Cross visits the prison each month and family visits are scheduled every Monday for pre-trial detainees and every Friday for sentenced inmates. Prisoners are of various nationalities including 365 Djiboutians, 115 Ethiopians, 24 Somalis and 4 Eritreans (prisoners-of-war), among others. There are often migrants in detention. There is only one prisoner sentenced to life imprisonment. 153. The prison has developed training programmes: there is a classroom where women attend sewing workshops and men learn how to make concrete blocks. At the time of the visit, the prison population comprised 13 juveniles including one girl arrested for theft and the youngest was 14 years old. The 31
majority are accused of rape and one of committing a crime. They are all Djiboutians and 9 are awaiting trial. Prison authorities try to identify schoolgoing minors so as to adequately monitor their education. There have been 13 students who obtained their secondary school certificates among prisoners since 2010. 2. VISIT TO THE ALI ADEH REFUGEE CAMP 154. During the visit to the Ali Adeh refugee camp, the Delegation met with refugees to discuss their living conditions and difficulties they encounter. The Delegation also met with those in charge of the camp. There are three major communities within the camp: Somalis who have formed the majority since 1991, Ethiopians and Eritreans. 155. Living conditions in the camp are more or less acceptable though the refugees complain of insufficient rations. There are cases of anaemia and malnutrition among children. The camp is located in a mountainous area and women and children have to walk long distances to collect firewood. There is no arable land in that area making it difficult to grow crops. They are therefore completely dependent on UNHCR. 156. The IOM finances training programmes but there are no employment opportunities. The certification by the State of Djibouti of diplomas delivered within the camp is also a concern. Refugees also voiced their concern regarding access to healthcare services. According to them, the situation has worsened since an NGO took over the management of the healthcare facility. Moreover, there is only one ambulance for the entire camp. Refugees are divided into three large groups (Somalis, Ethiopians and Eritreans) which live at quite a distance from each other. They have requested that each group be assigned a midwife to avoid certain tragedies. UNHCR acknowledges the situation but admits there is not much it can do given that its health budget decreased by a third between 2011 and 2015. Refugees nonetheless have full health coverage. 157. Concerns also vary between communities and as such, most Somalis would prefer to be resettled and reject any suggestion of a long-term solution at the local level. Ethiopians do not prefer resettlement but request authorization to work in Djibouti claiming that they do not want to be international beggars for the rest of their lives. They are educated and would like to work and provide for themselves. Some of them said to the Delegation: “When your children are thinking about studies, ours are thinking of rations and this should not be the case”. Lastly, there is the case of the Eritrean soldiers who arrived in 2012 following the armed conflict between Djibouti and Eritrea. They are not eligible for refugee status because of their military status. Their case is quite problematic since they are reluctant to return for fear of reprisals and cannot live indefinitely without an official status in Djibouti. 32
158. There are a growing number of candidates seeking to migrate particularly among second generation refugees, i.e. those born in the camps, because they see no other alternative to improving their situation. UNHCR has indicated that discussions with Djibouti are on-going for the integration of long-term refugees. F- MEETING WITH THE PRESS 159.The Head of the Delegation, honourable Commissioner Sylvie Zainabo Kayitessi, gave a press conference at the end of the promotion mission. Several journalists from the print and broadcast media participated in the event. Discussions revolved around the purpose and conduct of the mission as well as the preliminary observations of the Commission. A press release was communicated to media representatives at the end of the conference. 33
PART THREE I. OBSERVATIONS AND ANALYSIS OF THE HUMAN RIGHTS SITUATION IN DJIBOUTI 160. This part of the report provides the observations of the Mission on the situation of human rights in Djibouti based on the information received from the meetings with the different stakeholders and the visits conducted during the said mission. These observations are categorized into positive and negative aspects. A. POSITIVE ASPECTS General 161. The Commission notes the following as positive aspects of the Djibouti Promotion Mission: i. Authorisation of the Promotion Mission to Djibouti is evidence of the political will of the government to cooperate and also engage with Commission in the promotion and protection of the human rights of its people; ii. The meetings and working sessions the Delegation held with the stakeholders involved in the promotion and protection of human rights in Djibouti as well as the visits conducted to the refugee camp and prison provided an opportunity for the Commission to evaluate the situation of human rights in Djibouti; including progress made and challenges encountered. Legislative i. The willingness of the Government of Djibouti to promote and strengthen the protection of the human rights of its people by ratifying a number of regional and international legal instruments relating to human rights; including; - the African Charter on Human and Peoples’ Rights; the African Charter on the Rights and Welfare of the Child; the Protocol on the establishment of the African Court on Human and Peoples’ Rights; the OAU Convention Governing the Specific Aspects of Refugee Problems in Africa; the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the Convention on the Rights of the Child; the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict; The optional protocol on the sale ...the Convention on the Rights of Persons with Disabilities; Optional Protocol to the Convention on the Rights of Persons with Disabilities; and the International Convention on the Elimination of All Forms of Racial Discrimination; Convention on the Elimination of all forms of Discrimination Against women; Convention against Torture and other cruel, inhuman or degrading 34
iii. treatment or punishment; Forced Labour Convention, 1930 (No. 29); Convention on freedom of association and protection of the right to organise, 1948 (No. 87); Migrant Workers Convention, 1949 (No. 97); Equal Remuneration Convention, 1951 (No. 100); Convention on the abolition of forced labour, 1957 (No. 105) and Convention on discrimination (employment and occupation), 1958 (No. 111) The adoption and review of a number of laws with positive bearing on the human rights situation in the country, including; - Organic law No. 1/AN/92/3rd L amending the Elections Act; Organic law No. 2/AN/92/2nd L on freedom of communication; Organic law No. 4/AN/93/2nd L establishing the rules of procedure of the Constitutional Council; Act No. 174/AN/02/4th L on the status of regions; Act No. 140/AN/06/4th L on the adoption of a national policy on risk and disaster management; Act No. 48/AN/99/4th L establishing the new healthcare policy; Act No. 96/AN/00/4th L on the education system policy; Act No. 133/AN05/5th L on the Labour Code; Act on the special status of civil servants; Act No. 212/AN/07/5th L on the establishment of the National Social Security Fund; Act No. 79/AN/04/5th L on the Nationality Act; Decree No. 99-0059/PRE on the creation of the Ministry in charge of Women’s Advancement, Family Welfare and Social Affairs; superseded by the 2012 Act; Decree No. 2008-0093/PRE establishing the Ministry of State in charge of national solidarity; Act No. 152/AN/02/4th L on the Family Code; Act No. 192/AN/02/4th L establishing a quota system for elected positions and the civil service in favour of women; Act No. 51/AN/99/4th L relating to the Ombudsman; Decree No. 20080103/PRE on the establishment of the National Human Rights Commission (CNDH); Act No. 210/AN/07/5th L on combatting human trafficking; Act No. 106/AN/00/4th L on the environmental framework; Act No. 59/AN/94 on the Criminal Code; Act No. 60/AN/94 on the Code of Criminal Procedure; Organic law No. 16/AN/12/6th L on the amendment of Article 33 of the 1992 Electoral Act. iv. The Republic of Djibouti has presented its periodic reports before several human rights bodies/mechanisms including the African Commission on Human and Peoples’ Rights, the Human Rights Council under the universal periodic review, the Committee on the Elimination of all forms of Discrimination against Women. v. The establishment of national institutions to strengthen human rights promotion and protection locally such as the National Human Rights Commission, the Office of the Ombudsman, the National Office for assistance to refugees and disaster victims, and plans to establish a Commission in charge of issues relating to good governance and the fight against corruption. 35
vi. vii. viii. Specific Education i. ii. iii. iv. v. The several policies, programs put in place and activities that have been or are being undertaken in various areas to respect and fulfil its obligations. The sustained commitment at the Government to continue to promulgate laws, establish institutions and provide resources to improve the human rights landscape. The status given to international legal instruments at the domestic level. The priority given to education by the Government with a budget of 23%-24%; Making education legally compulsory for all children up to the age of 16 years and with the powers to prosecute parents/guardians who did not follow the law; Recognising teachers annually on National Education Day celebrations as well as providing housing and loan facilities to motivate people take teaching as a career; Establishment of mother-child school for the deaf and another for the blind; Steps taken to work with stakeholders with a view to finally resolve the refugee children education curriculum. Health i. The State covering the entire cost for treatment of HIV/AIDS, malaria and tuberculosis for all. i. ii. Establishment of Human Rights Units in all police stations; Enactment of a law in 2001 to establish the High Council of the Judiciary; Increase of the salary of Magistrates from $400 to $1640 which includes housing, transport, communication and internet allowances; Creation of mobile circuit courts which mainly deal with family matters. Justice iii. iv. Refugees i. Establishment of a National Institution to deal with the issue of refugee protection; ii. Djiboutian authorities’ engagement to human rights protection and commitment of Djibouti to host refugees, particularly those from Yemen, in addition to long-term refugees from Somalia and Ethiopia. Women i. Establishing a Ministry for Women; ii. Including in the Family Code provisions which allow a woman to file for divorce thereby enabling women to now initiate such proceedings; 36
iii. iv. v. vi. vii. viii. Establishment of a national solidarity fund which provides support to women; Implementation of the Government policy on family planning, prevention of risks associated with maternal and child health, and dissemination of best early childhood practices in collaboration with the Ministry of Health; Adoption of a law in November 2002, which requires that at least 10% of elective and high government offices should be held by one or the other gender; Adoption in July 2002, of the National Strategy for the integration of women in development and the Presidential Decree which requires women to hold at least 20% of high government offices signed in November 2008; Enactment of laws criminalising FGM; Increase in the number of female magistrates to 52%. PLHIV i. Passing a law to prohibit stigmatization of AIDS patients and a law on the rights of persons living with HIV/AIDS. Prisons i. Construction of a new prison to address the problem of overcrowding in prisons; ii. Provision of 3 meals a day to prisoners; iii. Provision of training/educational facilities for prisoners; iv. Establishment of a clinic staffed with health professionals to take care of the health of inmates. B. AREAS OF CONCERN 162. In spite of the positive aspects mentioned above, the Delegation is concerned about the many challenges identified in various areas and which restrict the full realisation and enjoyment of human rights by Djiboutians, including: Legislation i. The need to expedite the finalisation and enactment of the Children’s Code; ii. Djibouti has not made the declaration under Article 34 (6) of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights recognising the Court’s jurisdiction to deal with cases submitted by individuals and NGOs; iii. Limited resources provided to the Inter-ministerial Committee in charge of preparing reports, and the need to organise training sessions for secretaries- 37
general and directors of ministries in collaboration with the National Human Rights Commission; iv. Discrimination against women under the Sharia system has to be addressed in order to comply with the various instruments ratified by Djibouti, in particular the Maputo Protocol. Administration of justice i. The need to conduct reforms towards updating the judicial map; ii. Lack of training centres for magistrates and in-service training for personnel of the judiciary; iii. Long period of pre-trial detention; iv. Difficulties in having access to free legal aid for vulnerable and underprivileged persons, as well as defendants in criminal proceedings; v. Lack of legislation on human rights compliance for the judicial police and law enforcement officers; vi. The need to increase the number of courts in the regions in order to bring justice closer to the people. Health i. ii. iii. iv. v. The limited budget allocated to the health sector; The abusive use of khat2 and its significant adverse effects, including addiction and ilnesses such as diabetes and hypertension; Delays in implementing a national health insurance scheme; Lack of adequate measures for providing clean water; Difficulties in having access to health facilities by the population, in particular people living in rural areas. Prisons i. ii. iii. iv. v. vi. Dilapidated prison condition and limited space for prisoners; Poor health and hygienic conditions; Problem of prison overcrowding; Lack of sports facilities for prisoners; Lack of special prisons for children; Lack of training for prison personnel. Women i. The continuous practice of FGM even though it is prohibited by law; ii. The problem of violence against women and women’s reluctance to file complaints; Khat is a plant with leaves that contain cathinone and stimulants similar to amphetamines. However, despite its health hazards, it is still legal in Djibouti and causes several illnesses such as diabetes, cancer of the mouth and the throat, and paranoia. 2 38
iii. Inadequate measures to facilitate women’s access to sexual and reproductive health; iv. The continuous practice of forced and early marriage in spite of the measures taken to combat this phenomenon. Children i. ii. iii. The persistence of infant malnutrition; The increase in the number of child beggars; Close to 25% of children are still out of school. Freedom of expression i. ii. iii. iv. Lack of radio and television programmes on human rights; Need for private media towards greater freedom of expression; Need to ensure the protection of journalists; Need to take measures to guarantee a conducive environment for the activities of civil society. Refugees i. ii. Problem of insecurity in refugee camps, in particular with regard to women; Need for greater collaboration between the Ministry of Interior and UNHCR towards providing lasting solutions to long-term refugees. National Human Rights Commission (NHRC) i. ii. iii. Need to operate in accordance with the Paris Principles; The limited human, material, technical and financial resources; Limited role in popularising regional and international human rights instruments. Civil society i. Even though the Delegation held a meeting with the National Union of Djiboutian Women, the organisation is not representaive of civil society and the Delegation was unable to assess the impact of civil society and if the latter is capable of effectively assisting the work of the Government. 39
II. CONCLUSION AND RECOMMENDATIONS 163. The Delegation noted that significant progress has been made, even though the Republic of Djibouti still faces several challenges which require the implementation of appropriate measures to ensure the effective protection of and respect for human rights in the country. In this regard, the Commission makes the following recommendations to the Djiboutian authorities and other partners: Legislation i. ii. iii. iv. v. Finalize and adopt the Children’s Code; Take the necessary measures for the ratification of regional and international human rights instruments that are yet to be ratified; Make the declaration under Article 34 (6) of the Protocol on the Establishment of an African Court on Human and Peoples’ Rights accepting the competence of the African Court to receive complaints from individuals and non-governmental organizations ( NGOs); Present periodic reports on a regular basis in accordance with mechanisms of the various conventions ratified by the Republic of Djibouti; Fund the Inter-ministerial committee in charge of preparing reports and organize training for secretary generals and department heads of the various ministries in collaboration with the National Human Rights Commission. Administration of justice i. ii. iii. iv. v. vi. Undertake judicial reforms including the mapping of the system; Establish a training centre for magistrates and introduce in-service training programmes for judicial staff; Take the necessary measures to ensure compliance with pre-trial detention time-limits determined by law; Take the necessary measures for the effective provision of free legal aid to vulnerable and poor persons and those prosecuted in criminal proceedings before high courts, and ensure it is accessible and widely known to all; Take the necessary measures for the effective training of judicial police and other law enforcement officers on human rights; Increase the number of tribunals in the country, particularly in the regions to bring justice closer to the citizens. Health 40
i. ii. iii. iv. Allocate 15% of the national budget to the health sector, as provided by the Abuja Declaration; Accelerate the process to establish universal health coverage; Take the necessary measures for the provision of clean water; Facilitate access to health care services for all citizens particularly in rural areas. Education i. ii. iii. Continue efforts to ensure access to education for all citizens including girls; Construct a training centre for professionals in the judicial sector; Continue efforts for the enrolment of child refugees in school and the validation of their diplomas. Prisons i. ii. iii. iv. v. Improve health and hygiene conditions in prisons; Permanently resolve the issue of prison overcrowding; Develop infrastructure, sports in particular, for prisoners to distract themselves; Build special prisons for minors; Enhance the training of prison staff. Protecting women’s rights i. ii. iii. iv. v. vi. Continue the fight against female genital mutilation; Take the necessary measures to effectively combat sexual violence against women and encourage them to file complaints by providing them with the required assistance; Take appropriate measures to enhance the education of women and increase their access to sexual and reproductive healthcare services; Strengthen existing measures to fight against forced and early marriages; Pursue efforts to increase representation of women in decisionmaking bodies; Strengthen actions undertaken to empower women. Protecting children’s rights i. ii. iii. Take the necessary measures to combat child malnutrition; Combat child begging; Combat all forms of child exploitation and abuse. 41
Freedom of expression i. ii. iii. iv. v. Broadcast programmes on human rights; Take all necessary measures to fully ensure freedom of expression for all; Encourage the development of private media for a better exercise of freedom of expression; Ensure the protection of journalists; Adopt measures to guarantee a conducive environment for the development of civil society. Protecting the rights of refugees i. ii. iii. iv. Adopt the necessary measures to ensure safety in refugee camps particularly for women; Further involve the Ministry of Interior, in collaboration with UNHCR, in the adoption of sustainable solutions to the long-term refugee situation; Guarantee the right to education for refugees; Facilitate access to farm land through UNHCR for refugees to meet their food needs. National Human Rights Commission i. ii. iii. iv. v. vi. vii. Take the necessary measures to ensure the NHRC’s compliance with the Paris Principles; Strengthen the human, material, technical and financial capacities of the NHRC. Continue to advocate with the State for the implementation of reforms to ensure compliance with the Paris Principles; Submit requests to partners for the mobilization of financial and material resources enabling it to fulfil its mandate; Contribute to the popularization of regional and international human rights instruments; Apply for affiliate status with the Commission; Carry out its mandate with impartiality. African Union i. Provide support to the Republic of Djibouti for the hosting of refugees. 42
United Nations Agencies UNHCR i. Increase its budget for the effective protection of the rights of refugees; ii. Increase its personnel for an enhanced management of the growing number of refugees in Djibouti. UNICEF i. Pursue efforts to combat the tendency for children to drop-out of school; ii. Continue programmes to combat malnutrition; iii. Strengthen efforts for the protection of the rights of children in accordance with conventions ratified by the country. UNDP i. Continue and strengthen collaboration with the Government and civil society through implementation of various development projects. 43

Created Jun 16, 2026 · Edited Jun 30, 2026