AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human &
Peoples’ Rights
Commission Africaine des Droits de
l’Homme et des Peuples
90, Kairaba Avenue, P. O. Box 673, Banjul,The Gambia Tel: (220) 392 962; Fax: (220) 390 764 E-mail: achpr@achpr.gm; Web www.achpr.org
Re: ACHPR/37/OS/11/442/draft
AFRICAN COMMISSION
ON HUMAN AND PEOPLES’ RIGHTS
MISSION REPORT BY COMMISSIONER ANGELA MELO
SPECIAL RAPPORTEUR ON THE RIGHTS OF WOMEN IN AFRICA
TO THE REPUBLIC OF DJIBOUTI
(from 14th to 17th September 2002)
2
REPORT OF THE PROMOTIONAL MISSION TO THE REPUBLIC OF DJIBOUTI
TABLE OF CONTENTS
I. INTRODUCTION
II. TERMS OF REFERENCE AND PRELIMINARY OBSERVATIONS
A. Terms of Reference and Legal Framework
B. Preliminary Observations
III. ORGANIZATION OF THE MISSION
A. Arrival of the delegation and work schedule
B. Consultations and visits
IV. OBSERVATIONS AND CONCERNS
A. Human rights general situation
B. Special situation of the rights of women
V. CONCLUSION
VI. RECOMMENDATIONS
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DRAFT PROMOTIONAL MISSION REPORT BY THE SPECIAL RAPPORTEUR
ON THE RIGHTS OF WOMEN IN AFRICA TO THE REPUBLIC OF DJIBOUTI
(from 14th to 17th September 2002)
I. INTRODUCTION
1.
In carrying out its mandate of promoting and protecting human and peoples’ rights in the
States Parties to the African Charter on Human and Peoples’ Rights (African Charter, the
Charter), the African Commission on Human and Peoples’ Rights (African Commission,
the Commission) attaches special attention to the development of the situation of human
rights in the said States and to constructive dialogue with the Governments of the said
States. Accordingly, each time this is possible and depending on the availability of
financial resources, the Commission dispatches promotional or protection missions in the
States with a view to discussing with the Governments and members of civil society
organizations.
2.
The system of Special Rapporteurs of the African Commission does not depart from this
general rule. The work of the Special Rapporteurs, whose activities focus on specific
fields which define their mandates, is characterized by the dialogue with Government
Authorities and civil society organizations, as well as the collection of field information in
their respective fields.
3.
It is within the framework of implementing her mandate that the Special Rapporteur on
the Rights of Women in Africa (Special Rapporteur) undertook a mission to the Republic
of Djibouti from 14th to 17th September 2002. During the mission, the Special
Rapporteur gave priority to information on the situation of the rights of women in that
State Party.
4.
A promotional mission11 fielded by the African Commission had already visited Djibouti
from the 24th February to the 6th March 2000. This mission had sensitised the
Government as well as civil society organisations on the need for them to work together
to implement the principles of the African Charter and other human rights instruments to
which Djibouti is party. The mission had also highlighted certain practices which were
detrimental to women’s rights such as FGM, the inequality between men and
women/boys and girls and had exhorted the Government to remedy the situation.
5.
It is important to note that this was the first ever visit by the Special Rapporteur of the
ACHPR to the Republic of Djibouti.
6.
The Special Rapporteur wishes to express her heartfelt gratitude to the Government of
the Republic of Djibouti, especially the Ministry of Justice, for the facilities put at her
disposal during her mission. She thanks also all the organizations of civil society and
individuals who contributed to the success of the mission to Djibouti.
1
This mission had been headed by Commissioner Kamel Rezag Bara.
4
II. TERMS OF REFERENCE AND PRELIMINARY OBSERVATIONS
PERTAINING TO THE MISSION OF THE SPECIAL RAPPORTEUR ON THE
RIGHTS OF WOMEN IN AFRICA TO THE REPUBLIC OF DJIBOUTI
A. Terms of reference and Legal framework of the mission
A 1- Terms of reference
7.
The delegation of the mission of the Special Rapporteur to the Republic of Djibouti was
led by Commissioner Angela Melo, Special Rapporteur on the Rights of Women in
Africa, and Mr Robert Ayeda Kotchani, lawyer in the Secretariat of the African
Commission. The aim of the mission was to make the work of the Special Rapporteur
known to the Government and civil society, particularly women rights NGOs. In
conformity with the terms of reference established for the mission, the delegation of the
mission was programmed to hold discussions with the authorities in Djibouti and other
stakeholders on the following subject areas:
(a)
to brief the authorities about the recent activities of the Commission and the
Special Rapporteur and future prospects;
(b)
to listen to the official position of the Government of Djibouti with regard to the
socio-political situation in the country, particularly the peace process and national
reconciliation with the opposition and FRUD, and enquire about the impact of
this situation on women;
(c)
the situation of women in Djibouti who sometimes have nowhere to appeal to
against the refusal of husbands in case they want to divorce them since lawyers do
not generally intervene before the Cadi whose judgement is based on Shariaa.
(d)
the situation of the process of drafting the Family Code;
(e)
to urge the Government to exert more efforts with a view to mobilising the
necessary resources for the implementation of the rights of women;
(f)
to urge the Government and civil society organizations, particularly women rights
NGOs, to fight social obstacles which prevent women from enjoying fully their
constitutionally guaranteed rights by giving priority to boys over girls;
(g)
the problem of women circumcision which had been pointed out by the first
ACHPR mission as a scourge which the Government of Djibouti had to
eradicate;
(h)
to urge the Government to respect the universal principles of democracy and
good governance;
(i)
the need for the Government of Djibouti to give effect to the provisions of the
African Charter and other instruments to which Djibouti was party;
5
8.
(j)
to urge Djibouti to promote the establishment of women NGOs and associations;
(k)
visit to prisons for women.
In accordance with the Terms of Reference of her mission the Special Rapporteur was
also scheduled to hold discussions with the representatives of civil society organizations
and associations in Djibouti, particularly women’s NGOs and NGOs for the rights of
women on the following subject areas:
(a)
explanation of the activities of the Special Rapporteur by stressing the importance
of the role of women NGOs and women associations in this work, by regularly
providing credible information and support in the realization of selective
activities;
(b)
explanation of the system of the observer status with ACHPR by encouraging
women associations and women NGOs to submit their applications;
(c)
explanation of the importance of the initial/periodic reports (Article 62 of the
Charter) in the implementation of the rights of women, the role of NGOs in
raising awareness and assistance to the Government of Djibouti in the
preparation and presentation of the five outstanding reports;
(d)
explanation of the latest developments in the process of preparing the draft
Protocol to the African Charter on the Rights of Women in Africa by
encouraging NGOs to rally their efforts with a view to contributing to this
process;
(e)
stressing the need to fight practices that are harmful to the rights of women:
women circumcision, non enjoyment of the constitutionally guaranteed rights,
imbalance against women in the enjoyment of some rights such as the right to
education;
(f)
explanation of the process of communication (complaint) at the level of the African
Commission which enables one to appeal to this institution in case of violation of
the rights of women and when local remedies have been exhausted in vain;
A2- Legal framework of the mission
9.
The Republic of Djibouti ratified the African Charter on Human and Peoples’ Rights on
11th November 1991, but it has not yet submitted its initial report to the Commission in
accordance with Article 62 of the Charter. Djibouti therefore must submit and present a
total of five (5) reports to the African Commission2.
10.
Djibouti has ratified the Convention on the Elimination of All Forms of Discrimination
against Women on 2nd December 1998.
In accordance with the terms of the Note Verbale ACHPR/PR/A046 of the 30th November 1995, these 5
delayed reports can be combined into one, giving an account of the legislative and other measures that Djibouti
has put in place to effectualise the provisions of the African Charter.
2
6
11.
Djibouti must however ratify some regional human rights instruments such as the African
Charter on the Rights and Welfare of the Child and the Protocol to the African Charter
establishing an African Court on Human and Peoples’ Rights.
A. Preliminary observations of the mission
12.
Djibouti is a State in East Africa bordered by the Gulf of Aden and the Red Sea, with
common borders with Eritrea, Somalia and Ethiopia. It used to be the French territory of
Afars and Issas which became Djibouti in 1977 following a peace agreement that put an
end to the Afars rebellion which lasted three years.
13.
Djibouti is divided into 5 districts (or circles): Ali Sabib, Dikhil, Djibouti, Obock and
Tadjourra which cover a total surface area of 22 000 km2 , of which 21 980 km2 are land
and the rest is covered by water. Djibouti is a torrid and dry desert, with a coastal plain
and plateaux separated by central mountains where live an estimated population of
460 700 inhabitants (July 2001 estimates).
14.
The major ethnic groups are Somali (60%), Afars (35%). Muslims represent 94% of the
population and Christians 6%. The official languages are French and Arabic, but Somali
and Afar are also used.
15.
Djibouti obtained its independence from France on 27th June 1977 following a
referendum organized on 18th May 1977. The first Head of State was H.E. Mr Hassan
Gouled Aptidon. Mr Aptidon was succeeded by President Ismail Omar Guelleh in 1999
after Presidential elections.
16.
In 1992, the country opted for democracy and a multiparty system. Subsequently, a civil
war broke out between the Government and a coalition of opposition political parties
grouped in the Front pour la Restauration de l’Unité et de la Démocratie (FRUD). This
war ended recently after protracted negotiations and caused considerable human and
material damage, resulting particularly in displacing the population inside and outside the
country.
17.
The economy of Djibouti is based on services, given its strategic position and its status of
free trade area in north-eastern Africa. About two-thirds of the population live in
Djibouti, the capital. The majority of the rest of the population are nomadic breeders.
18.
Djibouti offers services as a transit port for the region and an international centre for
unloading and supply of fuel. It has very little natural resources and its industrial fabric is
still in its embryonic stages. The country therefore depends largely on foreign aid for the
support of its balance of payments and financing of its development projects. The
unemployment rate is estimated at about 40%, some sources suggest even the figure of
50%, and this is of great concern to the Government. Inflation is not however a problem
due to the fixed parity of the Djibouti franc with the American dollar. Per capita
consumption has fallen by about 35% in the last ten years due to the recession and civil
war, as well as the high rate of the population growth (including the inflow of refugees
and immigrants).
19.
Faced with a multitude of economic difficulties, the Government has accumulated arrears
in the repayments of long-term external debts and is struggling to fulfil the conditions of
foreign donors. The year 2001 recorded a relative growth, since port activities had
7
declined after Ethiopia, its principal client, found other options for the transit of its
goods.
III. ORGANIZATION OF THE MISSION
A. Reception and work schedule:
20.
The delegation was met at the airport by an officer, member of the ad hoc Committee on
Human Rights, who took them to their hotel. A draft work schedule was prepared,
indicating the persons to meet and places to visit by the Special Rapporteur.
B. Consultations and Site visits:
•
Meeting with Mrs Aicha Roubleh, renowned artist and member of FRUD
21.
The Special Rapporteur explained the African system for the promotion and protection
of human and peoples’ rights and made a full introduction of the system of Special
Rapporteur for the rights of women in Africa, together with the objectives of the mission
to the Republic of Djibouti. She put emphasis on her work of collecting information by
listening to all the stakeholders, including Governments and civil society associations.
22.
In reply, Mrs Roubleh thanked the Special Rapporteur and said that she had a special
vision of the situation of women in Djibouti, that women were not always marginalized as
many believed but that they had a say even if their actions were not always seen. She
however recognized that women emancipation was a recent reality in Djibouti with the
creation of a ministry in charge of women affairs two years ago. While confirming that
there was no discrimination against women in Djibouti, Mrs Roubleh conceded that there
were still worrying issues in some sectors such as the difficult conciliation between
modern law and customary law and the practice of shariaa or Islamic law, the difficulty of
women access to credit, health and education, etc.
23.
Mrs Roubleh further indicated that there was only one woman in Government while
there was none in Parliament. She regretted the lack of preparing parents to
modernization. It was important to understand, she went on, the traditional system in
which lived the majority of the population and find solutions to problems such as AIDS
which many still considered as a taboo or a disease that does not affect Muslims. She
dwelt long on the very harsh living conditions of the population, the long distance to
schools from the villages, the reduced percentage of school going girls in villages and the
problem of girl drop-outs from school to provide for their needs and for their families.
24.
Mrs Roubleh was pleased with the political opening that was introduced in 1992 and the
adoption by the Government in 1999 of a programme for the promotion of women,
while recognizing however that there were still many problems in the field of health,
access to credit, equal pay for equal work.
25.
In conclusion, Mrs Roubleh urged the State and civil society organizations to work
together for the promotion and protection of the rights of women.
•
Meeting with Hon. Mr Ismael Ibrahim Mohamed, Minister of Justice and Human Rights
8
26.
The Special Rapporteur explained to the Minister the system of Special Rapporteur on the
Rights of Women in Africa and the reason why the African Commission had fielded two
consecutive missions to Djibouti. She also informed the Minister about the preparation
of the draft Protocol on the Rights of Women and urged Djibouti to send experts to the
forthcoming meeting, which would consider the draft 3.
27.
The Special Rapporteur also explained her Action Plan for the benefit of the Minister
which could be summarized in two major themes: Education for All on Women’s Rights,
the Effective Participation of Women in the decision making process, the combat against
violence against Women. She requested the Minister to encourage the networking of
Women NGOs and Women’s Associations with a view to enhancing the coordination of
their activities, but also to formulate laws favourable to these NGOs and Associations.
28.
The Special Rapporteur concluded by asking the Minister about the functioning of his
Ministry and its relations with the Ministry responsible for Women’s Affairs.
29.
Minister Ismael Mohamed thanked the Special Rapporteur for the visit and the useful
explanations she had given about her mandate and on the African Commission in
general. He agreed that education and training were certainly the basic tools for the social
development of women. The Minister recognized also the urgent need of creating a
system of government which gave priority to women and gave them equal opportunities
with men in all aspects of social life, including education and employment. Even though
efforts had been made these last years in this field, the Minister admitted that the
participation of women in the decision-making process was still poor in many sectors. To
reverse this situation, he went on, there were sociological, religious and other obstacles to
be surmounted.
30.
With regard to the collaboration between the Ministry of Justice and Human Rights and
the Ministry in charge of Women Affairs, he said that it was getting stronger and there
was a strategy aimed at enabling bigger participation of women in politics and in
development in Djibouti.
31.
Addressing the issue of women access to credit, the Minister said that this was a difficult
problem due to the severe economic crisis the country was going through which
prevented allocating resources to women to carry out their different activities. He further
revealed that a project meant to correct this situation was under preparation and that a
development bank would soon be established in Djibouti.
32.
On the question of conciliation between modern law and customary law and shariaa, the
Minister said that there was still a problem despite the adoption of the Family Code, a
synthetic instrument whose preparation had involved several actors of the social life.
33.
In response to certain specific questions posed by the Special Rapporteur, the Minister
declared that women’s education and training remained the priorities of the Government
as the two were guarantors for development, considering that girls in Djibouti were more
industrious than their brothers. In Djibouti, he went on, women have access to all
professions and it can be noted with satisfaction that many women worked in the legal
sector as judges or magistrates, some worked in the Supreme Court or in the Court of
Appeal.
3
This meeting, the second of its kind, was scheduled for December 2002 in Addis Ababa, Ethiopia.
9
•
34.
Meeting with women members of the Executive Bureau of the NGO “Union pour le Développement et la
Culture (UDC)”
The Special Rapporteur explained at length the raison d’être and the notion of Special
Rapporteur on the Rights of Women in Africa as well as the activities she had carried out
since her appointment in October 2001. She urged the NGO to collaborate with her by
sending credible information on the situation of the rights of women in Djibouti and
possibly implementing projects concerning women, and asked information about the
rights of women in Djibouti.
35.
One after the other, the members of UDC explained the activities of their organization
with regard to women. These were mainly raising women awareness on their rights
guaranteed by the Constitution, the laws and other conventions to which Djibouti was
party. The NGO does the same also with regard to issues such as HIV/AIDS and, more
specifically, information on the rights of women.
36.
One of the fields where much progress had been recorded was in the sensitization and
assistance to girl education and adult literacy since the Government had only recently
started raising awareness of women on their rights. Currently, the big challenge is
therefore raising awareness on the rights and education, particularly in remote areas
where the harsh conditions of life and the long distances of schools from villages are
among the factors that militate against girl education. Special emphasis has been put on
the continued practice of female genital mutilation (FGM) despite awareness campaigns
on the dangers of this practice.
37.
The Special Rapporteur had an exchange of views with the members of UDC on the
various possibilities of cooperation and on the information received from different
stakeholders whom the delegation had met during the mission. The NGO was urged to
apply for the status of observer and to keep contact with the Secretariat of the African
Commission so as to consider the necessary ways and means with regard to contact with
other NGOs in terms of training and exchange of experience. The Special Rapporteur
urged women NGOs operating in Djibouti to network for more efficiency.
•
Meeting with Hon. Mrs Hawa Ahmed Youssouf, Minister for the Advancement of Women
38.
Having explained fully the reasons for the creation of the system of Special Rapporteur in
the African Commission on Human and Peoples’ Rights, Mrs Melo dwelt at length on the
background of the system of Special Rapporteur on the Rights of Women in Africa and
on her mandate which was based on three major themes: Education for All; Effective
Participation of Women in Decision Making and Fight Against Violence to Women.
39.
The Special Rapporteur then asked the Minister about the functioning of her Ministry and
the situation of the rights of women in the country as well as the major challenges she
faced in this field.
40.
The Minister thanked the delegation for the visit and informed them that her Ministry
had been created about three years ago 4, which was an indication of the firm will
expressed by the Head of State of giving women a say and involving them in the
management of the country’s affairs and raising their awareness on their rights. The value
4
The Ministry for the Women’ Affairs was established on 12th July 1999.
10
and significance of this initiative can be seen in as much as the practice and local context
were not in its favour.
41.
The Minister then gave the details of the five-year programme of her Ministry which had
been adopted after consultations with all the actors of the society (women, religious
leaders, VIPs, etc) and is based on four major points:
•
•
•
•
Women’s participation in the decision-making process in all fields;
Women’s education and training (75% of women are illiterate);
Health for Women (fight against FGM, women mortality in child birth, etc); and
Fight against women’s poverty (with financing of the African Development Bank).
42.
The Minister informed the delegation that a Round Table on gender mainstreaming in the
implementation of projects within the framework of the above mentioned four priority
sectors would be organized in the coming weeks, and added that all these ambitious
programmes would be implemented with the support of NGOs operating in Djibouti and
the assistance of United Nations Agencies involved in these matters.
43.
Talking about the functioning of her Ministry, Mrs Youssouf said that it was a small
Ministry with nine employees working under her supervision, and she was proud of the
achievements of the Ministry including, among others, the adoption of the Family Code a
few months ago, the popularization of the rights of women and efforts in addressing their
problems. The Minister did not hide the existence of problems existing in the field of the
rights of women which are: girl education, child custody and support and maintenance
allowances in case of divorce, women unemployment, general poverty which affects
women and lack of resources to face these challenges. The Minister regretted also the
shyness of women associations, which, for fear of treading on sensitive circles, shy away
from raising publicly some of the existing big problems such as injustice and violence
against women. On the other hand, she commended the fruitful collaboration of her
Ministry with NGOs and declared herself ready to continue working in this direction.
44.
She spoke about the recurrent problems with regard to the health of women, the scourge
of Female Genital Mutilation (FGM) and child-birth which still pose major risks for
women. The Government, she went on, is trying to check these problems through
awareness raising of women with the assistance of development partners. In this regard
the African Development Bank (ADB) granted Djibouti funding for 700 women, in the
framework of a project, which aims at, among other things, controlling high levels of
unemployment and reducing poverty.
45.
The Ministry, she continued, intended to organize a Round Table for discussions with
civil society organizations on the implementation of the Programme for the
Advancement of Women adopted by the Government, since the Code de la Famille had
already been adopted. In reply to a question raised by the Special Rapporteur concerning
the publishing of the Code de la Famille, the Minister added that her Ministry hoped to
benefit from UNICEF funding for the popularisation of the Code de la Famille to
Djiboutian women.
46.
On the question of physical health of women, particularly violence against women, the
Minister said that this existed although still at a low level and must be fought. She went
on to state that the Ministry had an Information Centre on the problems of women and
11
was trying to implement a programme on hazardous child birth in collaboration with the
Ministry of Health.
47.
Addressing the specific question of HIV/AIDS in Djibouti, the Minister stated that this is
a serious problem, which currently affects about 11% of the population and against which
a more intensive campaign has to be mounted to combat the erroneous ideas on the
disease and raise awareness on means for its prevention. In this connection, the Minister
pointed out that a sensitisation project to be funded by the World Bank was under
preparation. The Special Rapporteur asked whether there was a poverty reduction
programme in the country and the Minister responded in the affirmative.
48.
The Special Rapporteur then explained the process of preparing the draft Protocol on the
Rights of Women in Africa and urged the Minister to see to it that Djibouti was
represented at the next meeting of experts, which would consider the draft before
forwarding it to the Heads of State and Government for adoption.
•
Meeting with Mrs Fatouma Roubleh, Chairperson of Atuyoofan NGO
49.
Mrs Melo first explained the functioning of ACHPR and the system of Special
Rapporteur within this institution, putting emphasis on her mandate and the activities she
intended to carry out within this framework. She then asked information about the
activities of Atuyoofan and the challenges it faced in the field of the rights of women in
Djibouti.
50.
Mrs Roubleh thanked the delegation for the meeting. She pointed out that her NGO had
been created in 1996 but was not officially recognized until 1997. She then explained that
the NGO was born out of consideration of the needs of women from poor residential
areas in Djibouti (widows, orphans, wives of the unemployed, etc) whose situation was
worsened by the war and the economic crisis which the country went and is still going
through. Atuyoofan was therefore involved in mobilizing financing for micro-credits for
women, women rights promotion, distribution of food and clothing to the poor,
awareness raising on the dangers of HIV/AIDS, in collaboration with interested actors,
including the new Ministry in charge of the Advancement of Women and sister NGOs.
51.
Answering the specific question on the major problems faced in the field of the rights of
women in Djibouti, Mrs Roubleh stated that HIV/AIDS and poverty were at the
forefront and that awareness on the first problem had just started, while the continued
economic crisis which the country has been going through worsened the second problem,
with salary arrears for civil servants and a high rate of unemployment which affects
mostly less skilled women. Female genital mutilations were also of serious concern more
so since awareness campaigns by NGOs such as Union des Femmes Djiboutiennes and its
formal ban by law, this practice continues, sometimes by health employees who practise it
in private for relatives and friends.
52.
Atuyoofan had participated in the preparation of the Family Code which maintained that
the Koran authorized polygamy on condition that women were loved and treated
(maintained) equally, an impossible fact, indeed.
53.
The Chairperson of Atuyoofan concluded by stating that the laws and the culture of
Djibouti were in the main favourable to women but that the practice in reality was much
more unjust.
12
•
Meeting with members of the Executive Bureau of NGO “Solidarité Féminine”
54.
The Special Rapporteur introduced in detail the African system of human rights and
stated the reasons behind the introduction of the system of Special Rapporteur,
particularly the Special Rapporteur on the Rights of Women of which she is the second
appointee. She explained the scope of her mandate and asked to know about their
organization and the situation of the rights of women in Djibouti.
55.
One after the other, the leaders of Solidarité Féminine explained that their organization was
born in 1994 out of the obvious observation that expatriate women suffering from
HIV/AIDS were left to themselves. Solidarité Féminine therefore established a system for
drop-in, counselling, distribution of drugs for the sick and for prostitutes in town. But
very soon, the organization had to review its objectives because healthy women came to
see them with other problems, particularly the problem of poverty. Solidarité Féminine
therefore, besides its traditional activities, became involved in the collection and selective
distribution of food and clothing. Realizing the dangers of dependence that this practice
created, the NGO decided to help women to be self-sufficient by providing them with
micro-credits. Since then, things are going well since about two hundred women are
actively involved in projects. In the meantime, the NGO also organizes literacy classes for
girls, carries out awareness campaigns and gives legal aid, in collaboration with other
stakeholders.
56.
Concerning the specific question of girl education, the leaders of Solidarité Féminine
pointed out that economic conditions and culture put girls at a disadvantage compared to
boys, particularly in the villages where the choice is quickly done. They also regretted the
lack of schools which compels pupils not to sit for examinations but for competitive
examinations before moving from one level to the other, which causes increased dropouts particularly for girls, since they receive less support.
57.
They denounced various actual discriminations against women and their powerlessness in
a system that considers them as minors who must always be accompanied by men (father,
brother, uncle or husband) for any major issue.
58.
Having noted that Solidarité Féminine had little contact with Government institutions, the
Special Rapporteur recommended that this should be changed so that the NGO may
contribute to the realization of the objectives set by the ministries, particularly the
Ministry in charge of the Advancement of Women. It was also suggested that NGOs
should form a network so that they may consult one another on a permanent basis and
open themselves to the outside world with a view to exchanging experience with one
another.
•
59.
Visit to the women’s wing of the prison of Gabode
The Deputy Director of the prison welcomed the delegation and explained that Gabode
prison was the only one which was operational in Djibouti, the other three having shut
more than ten years ago because of the lack of resources to maintain them. As a result,
there was overcrowding because all those offenders who have been sentenced to
imprisonment must serve their sentence in this prison.
13
60.
The prison authorities explained that the prison accommodated 381 prisoners, including
11 women living in one wing. These women were guilty of crimes and offences such as
murder, theft, violence and various acts of traffic of hashish and others. Cases of some of
the inmates were under investigation.
61.
The visit to the women’s wing enabled the delegation to note that the 11 prisoners lived
in one rather dirty building, with three beds of one place each and their personal effects
scattered about. The Special Rapporteur talked to some of the prisoners who told her
about their problems: one prisoner accused of a crime which she admitted as
manslaughter had already spent six years in prison but had appeared before the examining
judge three times only.
62.
The delegation noted also that there was a minor living with adults and that remand
prisoners were living together with convicted prisoners, which was contrary to normal
standards.
63.
The Prison authorities explained that the major problems of the prison constituted: lack
of resources, the slow treatment of cases, lack of senior and supervisory staff, no
dispensary nor resident doctor, frequent food shortages, total lack of assistance from the
State and NGOs to provide training for the prisoners despite promises. They also
pointed out that prison wardens had never received any training in human rights issues,
even though most of them had received information on HIV/AIDS.
64.
The Special Rapporteur urged the prison authorities and the prisoners to work towards
introducing projects for training and occupying inmates so as to generate income for the
improvement of the daily life and prepare them for social rehabilitation once released.
She also promised to forward their grievances to the concerned authorities.
•
Meeting with Hon. Mr Mahmoud Ali Youssouf, Vice-Minister for International Cooperation
65.
The Minister expressed happiness at meeting the delegation and stressed that it was an
honour for Djibouti to receive two missions of the Commission within a few days 5. He
said that his country would strive to strengthen its relations with the African Commission
by preparing and submitting its outstanding reports. He also assured the delegation that
Djibouti would ratify outstanding regional human rights instruments in the near future.
66.
The Minister then described the progress achieved in the promotion and protection of
human rights, more particularly the rights of women with the creation of a ministry in
charge of the advancement of women and the positive steps taken in good governance
with the introduction of multiparty system since 4th September 2002. Mr. Youssouf
asserted the will of the Government to promote the rights of women and that democracy
would soon be put into practice through transparent elections 6 which would usher in
women in Parliament.
67.
On the question as to what were the results of the Government policy with regard to
women, the Minister mentioned the recently adopted Family Code and the National
Strategy for the Advancement of Women which the Government would implement with
The mission of the Special Rapporteur followed the promotional mission by Commissioner El Hassan which
took place from 9th to 12th September 2002.
5
6
Parliamentary elections were scheduled for December 2002.
14
the assistance of various interested partners. He confirmed that women education was a
priority as was the fight against harmful practices to women. In this connection, he said
that equal opportunities existed for school girls and school boys and added that
traditional culture and religion were in no way an obstacle since Djibouti followed
moderate Islam.
68.
The Special Rapporteur gave a brief on the process of preparing the draft Protocol to the
African Charter on the Rights of Women in Africa, and urged the Government to send
experts to the next meeting scheduled for Addis Ababa, Ethiopia, early December 2002.
She also urged the Government to ratify regional human rights instruments such as the
African Charter on the Rights and Welfare of the Child and the Protocol to the African
Charter establishing an African Court on Human and Peoples’ Rights. The Special
Rapporteur concluded by urging the Government to inform and associate civil society
organizations in the execution of programmes, conventions and other treaties.
69.
The Minister said that these suggestions were most welcome and he assured the
delegation of the full and complete support of Djibouti in the noble work of the African
Commission and the Special Rapporteur on the Rights of Women in Africa who, he
added, will always be welcome to Djibouti.
•
Meeting with the leaders of Union Nationale des Femmes de Djibouti (UNFD) and visit to the
headquarters of the association
70.
The leaders of UNFD took the delegation around the premises of their headquarters and
informed the Special Rapporteur that this NGO was created in 1977. Its headquarters
was well equipped for training girls and women in sewing, literacy, cooking and others. It
also carried out awareness campaigns for women.
71.
They explained that their organization dealt particularly with the fight against poverty and
illiteracy, the advancement and protection of women and the child, training and
awareness raising of women, etc . A commission for the promotion of human rights was
in the process of establishment.
72.
The Special Rapporteur gave a briefing to her audience about the African system of
human rights, more particularly the functioning of the system of Special Rapporteur,
especially the Special Rapporteur on the Rights of Women of which she was the second
appointee. Mrs Melo explained her mandate and the priority put on the education for all
in the rights of women as well as the full and active participation of women in
Government and decision making.
73.
She furthermore described the process of preparing the draft Protocol on the Rights of
Women in Africa and regretted that NGOs in Djibouti had not taken an active part in
this process. She suggested that they should pay attention and follow up the development
of this exercise.
74.
On the specific question of the recent adoption of the Family Code, the Special
Rapporteur urged the leaders of UNFD to seek information from the competent
Ministries and other stakeholders and to popularize the contents of the Family Code with
women. Mrs Melo expressed her wish to see Djibouti join other States Parties in the pilot
project on the education for all on the rights of women. In this connection, she urged
15
UNFD to apply for the observer status with ACHPR and explain the advantages, which
this status offered to both the NGO and the African Commission itself.
•
Audience with the Ombudsman of the Republic of Djibouti, Mr. Hassan F.
Miguil
75. The Special Rapporteur explained to her host the functioning of the African Human Rights
system as well as the system of the Special Rapporteurs within the Commission by
underscoring the priorities which she had focused on during her term of office. The Special
Rapporteur then asked the Ombudsman for information on how he carried out his duties.
76. Mr. Miguil replied that the task entrusted to him was both noble and difficult. He added
that the creation of the post of National Ombudsman had been found necessary at a
particular moment in the history of Djibouti. The National Ombudsman is appointed for a
non-renewable term of 6 years. He enjoys immunity and cannot be arrested, taken to court
for any opinions he may express or acts he may carry out in the execution of his duties.
77.With specific regard to the operations of his institution, Mr. Miguil declared that it had
been created in 1999 7, on the basis of the French Model and is a member of the Association
of Mediators and Ombudsmen of the francophone countries. He pointed out that there are
about 40 National Ombudsmen in Africa. Concerning the principal role of the institution, it
serves as arbitrator in disputes between public servants and the public service for eventual
litigation, in a manner intended to avoid long and costly administrative procedures, giving
priority to amicable settlements. However the National Ombudsman has no competence in
private cases.
78.The National Ombudsman can be considered as elected by the people and he can propose
texts for reforms for Ministries and other public institutions for the purpose of improving
their operations. Unfortunately the lack of resources hampers the effective execution of its
duties.
79.Pertaining to the role of women in Djiboutian civil society, the National Ombudsman
declared that the first female Minister had been appointed at the head of the Ministry for
Women’s Affairs and this, in his view, was a good omen. He added that Djiboutian society
was tolerant in many respects and provided equal opportunities to men and women in all
areas, particularly that of work. Thus women represent about 60% of judiciary staff.
80.The National Ombudsman however admitted the fact that women’s education had had a
late start, especially in rural areas, even though significant progress had been made recently
following the sensitisation campaigns carried out in this regard.
81. Mrs. Melo asked about the impact of the activities of the National Ombudsman on the
population and the Ombudsman responded that it was still early to make an assessment
but that the institution intended to sensitize the populations, with the assistance of the
press, in particular those in the remote rural areas, on the role of the National
Ombudsman in order to promote increase reference to the institution.
The National Ombudsman was created py Decree No. 51/AN/99/4 of 21/08/2001 supplemented by Decree No.
2000 – 0149//PRE establishing the Office of National Ombudsman of Djibouti and the Decree No. 20000150/PRE establishing the modalities for management of budgetary allocations for the Office of the National
Ombudsman.
7
16
82. Mr. Miguil further declared that attitudes and lack of resources greatly handicapped the
work of his institution which could not reach the populations in the remote areas. With
regard to women, he promised to focus on them in his institution’s activities and
admitted that the Code de la Famille which had been recently adopted, constitutes a
positive step ahead accomplished thanks to the mobilisation of various stakeholders
including religious Associations, Notables and other Associations of the civil society.
•
83.
Audience with H.E.Mr. Said Ibrahima Badoul, Speaker of the National Assembly of
Djibouti
Mrs. Melo explained that the succession of 2 missions of the ACHPR in Djibouti in a
few days clearly indicates the interest of the ACHPR in this State. She then informed
her interlocutor about her mandate as Special Rapporteur on the Rights of Women in
Africa as well as the recent developments in the Draft Protocol on Women’s Rights
and the strategy of the Special Rapporteur to promote and protect the rights of
Women in Africa. The Special Rapporteur then asked about the role of the
Djiboutian woman and whether there were any women members of Parliament.
84. The Speaker of the National Assembly welcomed the delegation and declared that there
was no discrimination against women in Djibouti where women enjoyed equal rights with
the men, in accordance with the instruments to which the country is a party and with the
fundamental texts of the Republic. In this regard the general elections scheduled for end
2002 will enable women to have a place in Parliament due to the quota of 10% provided
for in their favour. There will also be more women in the Government he added.
85. The Special Rapporteur asked about what had been done to improve the situation of
women living in the remote areas and the Speaker of the National Assembly answered
that the teaching and sensitisation of these women was being carried out. In his view, the
National Assembly, which is made up of persons elected by the people, should be close
to these populations whose polymorphic needs could thus be identified for appropriate
action by Government and other stakeholders.
86. The Special Rapporteur turned to the state of ratification of the regional human rights
instruments and invited her illustrious host to encourage the ratification by Djibouti of
the African Charter on the Rights and Welfare of the Child and of the Protocol
establishing the African Court on Human and Peoples’ Rights.
87. Furthermore the Rapporteur emphasised the importance of the procedure of State
Reports to the ACHPR and invited the Speaker of the National Assembly to assist in the
preparation of the Reports that Djibouti needed to present to the African Commission to
enable the latter and other interested stakeholders to be informed about the efforts being
made in the promotion and protection of human rights in Djibouti, as well as the
problems being encountered in this noble task.
•
Meeting with Mr. Ali Mohamed Abdou, Public Prosecutor of the Republic of Djibouti
88. Mrs. Melo presented the African System of Human and Peoples’ Rights before dilating at
length on her mandate as Special Rapporteur. She then spoke about the process of
preparing the Draft Protocol on the Rights of Women in Africa which aims at a better
awareness of women’s rights in Africa. Reporting on her visit to Gabode prison, Mrs.
17
Melo declared that it was indispensable for the detention conditions in this institution to
be improved. She further reported on the delays noted in the treatment of cases of the
detainees as well as the idleness of the latter for whom no activity had been arranged.
89. The Special Rapporteur drew the attention of the Public Prosecutor in particular on the
case of a woman who had been detained for more than 6 years without judgement in the
Gabode prison and declared that that was a serious violation of the right of this person to
a fair hearing and for whom the State needed to find a solution most urgently.
90. The Public Prosecutor thanked the delegation and admitted that the detention conditions
are bad because the prison, which had been intended to house 150 inmates, actually
accommodated more than 300 and was suffering from a serious lack of resources. Several
projects had been approved for this institution but had never been implemented due to
lack of means, admitted Mr. Abdou.
91. The Special Rapporteur pointed out that with a little means it would be possible to
organise activities like (embroidery, fishing, educational classes, gymnastics) for the
benefit of the detainees who if they were gainfully occupied during their period of
detention would thus be trained to take care of themselves once they got out of prison.
The NGOs should be able to contribute to this undertaking.
92. The Public Prosecutor further declare that the absence of a judge to apply sentences
blocked several projects for the reform of the prison system and that because the
Ministry of Justice did not have a Prisons Administration Department, visits to the
prisons were very rare and detention conditions were not monitored. Whereas the Public
Prosecutor who had so many cases to take care of did not have the required time to deal
with all these problems.
93. On Mrs. Melo’s question about who was responsible for the prison wardens, the Public
Prosecutor replied that they were under the Ministry of the Interior, which causes
problems of hierarchy and command and which had given rise to the need to create a
specialised corps of prison wardens answerable to the Ministry of Justice. There again,
decisions are taken but are not implemented due to lack of resources. The wardens have
no training in human rights nor in modern working methods.
94. The Public Prosecutor intimated that the lady detained for several years would be brought
before a judge in December 2002. He further promised to do his best to convey the
complaints raised by the delegation to the competent authorities.
•
Meeting with Maitre Koran Ahmed Aouled, Notary in Djibouti
95. After having presented the African System of Human and Peoples’ Rights, Mrs. Melo
spoke at length about her mandate as Special Rapporteur on the Rights of Women for
which reason she had undertaken the present mission. She presented the Draft Protocol
on the Rights of Women in Africa (currently under preparation) as an opportunity for the
African Woman. Mrs. Melo then asked about major problems which were encountered in
Djibouti in the area of women’s rights.
96. Maitre Ahmed Aouled thanked the delegation and replied that the recent adoption of an
innovative Code de la Famille is of course a step ahead but this document needed to be
publicised, the modalities of its practical application defined and implemented. On the
issue of inequality of which women are victims, Maitre Ahmed Aouled pointed out that it
18
was necessary to publicise the Constitution as well as the laws that were favourable to
women.
97. Admitting that although there was no systematic blocking of girls’ education, Maitre
Ahmed Aouled lamented the fact that girls are often kept at home to help in the
housework, especially in the rural areas, and called on the State to take the necessary
measures to promote girls’ education. Maitre Ahmed Aouled moreover indicated that the
family depends more on the Djiboutian woman as the men spend their time consuming
khat 8, which was destructive for both the health and the pocket.
98. Turning to the matter of detention conditions, Maitre Ahmed Aouled declared that the
lack of financial and human resources is the reason for the delays observed in the
treatment of cases and for the general situation of the prison which is old and lacking
upkeep. She added that the fact that the majority of the detainees are foreigners can also
justify the abandonment of the institution. She confirmed that there was no legal
assistance for the nationals since there was no structure to take care of this.
99. On the question from the Special Rapporteur about why the numerous women jurists
working in Djibouti have not thought to create an Association of women jurists and
thereby assist the population, particularly their native sisters, Maitre Ahmed Aouled
replied that the idea is being muted and that no specific blockage exists in this regard. She
insisted that Djiboutian women are involved in the preparation of legal texts.
100.
Maitre Ahmed Aouled concluded by deploring the phenomenon of girl-mothers,
which has been on the increase for several years and which is due to the difficult
conditions in the country that the girls are living in, particularly the illegal migrants. An
NGO, the Mother and Child Centre, receives the children and takes care of their
education to prevent their being abandoned, but the problem still remains one of
concern.
IV. OBSERVATIONS AND CONCERNS
A. Human rights general situation in the Republic of Djibouti
101.
The general human rights situation in the Republic of Djibouti and more
particularly in the region of the capital visited by the Special Rapporteur is highly
influenced by the worrying economic situation of this State Party as well as the
consequences of the wars experienced by Djibouti and some of its neighbours for years,
causing losses of human lives, injuries, displacement of the population, widespread
poverty, insecurity, and very serious administrative problems.
102.
The economic situation of the country and unemployment affecting a big part of
the working population represent an obstacle to the enjoyment of the economic and
social rights, and we are also informed that there are certain restrictions as to the
enjoyment of trade union rights and violation of the freedom of expression.
This is a narcotic plant generally imported from Ethiopia and which is taken a lot by the men and by some
women in Djibouti. It causes effects on consumers similar to those caused by certain mild drugs.
8
19
B. Special situation of the rights of women
103.
The mission of the Special Rapporteur in the Republic of Djibouti allowed the
delegation to take note of the commendable efforts being made towards the rights of
women in this State Party. The Special Rapporteur is particularly pleased with Djibouti’s
adoption of the innovative Family Code and the measures taken by the Government to
mainstream gender in the political process. The planned training of Cadis in the rights of
women in the light of the new Code is equally encouraging.
104.
At the institutional level, a ministry in charge of the advancement of women has
been operational for years now and it has been tasked with the preparation and
implementation of the Government policy in the field of women advancement and
gender mainstreaming in the socio-economic development of the country, in accordance
with Djibouti’s international obligations deriving from the conventions and other relevant
instruments to which the country is party.
105.
The presence of women in the legal sector and at a very high level such as the
Supreme Court and the Appeal Court is an encouraging aspect; the existence of a woman
Notary in this State where the majority of the population is muslim constitutes an
example of tolerance.
106.
However it is to be regrettably noted that the Republic of Djibouti which ratified
on 2nd December 1998, the Convention on the Elimination of all Forms of
Discrimination against Women has never submitted any report to the Committee of
Experts of this Convention.
107.
In spite of their numerical strength women are virtually absent from very
important institutions like the National Assembly and are under represented in
Government.
108.
It is true that a rather innovative Family Code has just been adopted, but a lot of
work remains to be done in order to prepare the minds of both women and men, as well
as some administrative, legal, customary, religious and other authorities. The
dissemination and the effective implementation of the Code also constitutes a challenge
to be taken up.
109.
In the field of education, girls, though well known for their seriousness, are
sometimes compelled to abandon their studies in order to take care of their families’
needs. In the rural areas, the long distances from the schools, the access to the schools,
the weight of traditional practices constitute the major problems in this domain.
110.
In the area of health the precarious nature of the health of the Djiboutian woman
is a fact. Women are poor and unemployed whereas the family and traditional practices
give priority to men with respect to the distribution of food in the household. 27% of the
population is made up of women of child-bearing age but one woman in 20 dies for
reasons linked to childbirth; 80% of pregnant women are anaemic; the unreliability of the
social cover, the FGMs, HIV/AIDS are all problems that the woman has to contend
with, sometimes with no assistance from the public authorities or from NGOS.
20
V. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
111.
The mission of the Special Rapporteur is very pleased with the willingness of the
political authorities to implement the rights of women in the Republic of Djibouti as
manifested through their commitment to ratify very soon some regional human rights
instruments such as the African Charter oh the Rights and Welfare of the Child, the
Protocol establishing an African Court on Human and Peoples’ Rights.
112.
The mission is also satisfied with the commitment of the authorities to continue
getting Djibouti to participate in the process of preparing the draft Protocol on the Rights
of Women in Africa and attend particularly the 2nd meeting of Experts on the Draft
Protocol.
113.
The will of the Government to implement the national strategy for gender
mainstreaming in the development of Djibouti, in association and close collaboration
with civil society organizations and other concerned stakeholders, is a commendable
initiative which the Special Rapporteur would like to particularly encourage.
114.
The Special Rapporteur welcomes the decision taken by the Government at the
highest level to do in such a way that women are represented in big numbers (15%) in the
National Assembly after the Parliamentary elections scheduled for December 2002.
B. Recommendations
Considering the above observations, the mission undertaken to the Republic of Djibouti by the
Special Rapporteur on the Rights of Women in Africa makes the following recommendations:
115.
-
-
-
The Government of the Republic of Djibouti should:
submit and present its outstanding reports which it owes to the African Commission and
devote part of it to the rights of women;
encourage the creation and support to NGOs involved in awareness raising of the
population for changing mentalities towards democracy, the rights of women and
sustainable environment;
establish a system of information for civil society organizations on the laws, decrees and
other measures concerning the rights of women that the Government or institutions
adopt, and ensure the popularization of such information in all the languages of the
country;
prepare a National Plan on the measures for fighting FGMs by involving concerned
traditional institutions;
support strongly the Ministry in charge for the Advancement of Women in implementing
the Strategic Women Development Plan, by strengthening particularly the Information
Centre on women problems, formulating and implementing a National Plan for National
Gender Education;
ensure increased collaboration between the Ministry in charge of the Advancement of
Women and NGOs involved in the field of women rights and a systematic follow up of
the activities carried out, in collaboration with other ministries, particularly the Ministry
of Health. Propose to the Government measures for integrating women in the decision
making at all levels;
21
-
-
ensure the respect of the rights of women as provided for in the legislation for the private
sector, create and implement in this connection and as and when necessary a system for
regular control of the criminal procedure;
make a reality the creation of a Special Body of Prison Warders (project already launched
by the Ministry of Justice) under the Ministry of Justice and train them in human rights,
more particularly in the rights of women prisoners; create and update statistics on the
violence against women;
introduce a consultation system between all the administrative/judicial institutions and
other stakeholders concerned with a view to proposing solutions to problems found in
Gabode prison;
encourage, with the participation of civil society, the establishment of programmes for
the education and vocational training of women prisoners with a view to enhancing their
social reintegration on their release and ensure the strengthening of the control of aspects
concerning the legality of the situation of women prisoners.
116. Civil society organizations should:
-
apply for observer status to the African Commission with a view to working more
closely with this institution in the field of human rights, and more particularly in the
field of the rights of women;
collect relevant documents and information concerning the rights of women and put
this at the disposal of the authorities and the Special Rapporteur for appropriate
action;
give support to the activities of the Government relating to the rights of women,
particularly the Ministry in charge of the Advancement of Women;
diversify their activities by dealing, among others, with women education and
environment;
create a network of women associations at the national, regional and international
level with a view to exchange of information and experience and disseminate the
results of their activities in several local languages to make them accessible to the
population.
117. The African Commission on Human and Peoples’ Rights should:
-
provide the Secretariat of the Commission with a system of sources of credible
information which is updated regularly, particularly on the rights of women in every
State Party to the African Charter;
equip the lawyers and the Members of the Commission and the Special Rapporteurs
with adequate working tools for missions, especially portable computers;
allocate sufficient funds for the missions of the Special Rapporteur (administration
during the mission, telephone, fax, reproduction of documents, transport and other
logistics);
request the Special Rapporteur on Prisons and Prisons Conditions in Africa to visit
the central prison of Djibouti.