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
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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;
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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:
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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;
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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.
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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.
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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.
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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.
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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
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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.
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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.).
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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.
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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
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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
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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