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DJIBOUTI Unity – Equality – Peace

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DJIBOUTI Unity – Equality – Peace REPUBLIC OF DJIBOUTI Unity – Equality – Peace COMBINED INITIAL AND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS 1 2 TABLE OF CONTENTS Paragraph Page Acronyms and abbreviations .................................................................... 5 Introduction ............................................................................................... 1- 9 6 PART 1: General information..................................................... 10- 57 7 I. Background and socio-economic aspects..................................... 10- 27 7 1. Historical overview............................................................. 10- 18 7 2. Demographic and economic data .................................... 19- 27 8 II. Legal framework............................................................................... 28- 42 10 1. Ratified international instruments.................................... 28- 32 10 2. Fundamental pieces of legislation .................................... 33- 42 11 III. Institutional framework................................................................... 43- 57 14 PART 2: Realization of Human Rights .............................................. 58- 16 I. Civil and political rights................................................................... 58- 170 16 1. Right to non-discrimination and equality before the law 58- 65 16 2. Right to life and to physical and moral integrity…….. 66- 75 18 3. Prohibition of torture and other cruel, inhuman or degrading treatment .......................................................... 76- 92 20 4. Right to security of the person and freedom from arbitrary arrest or detention .............................................. 93- 98 23 5. Right to a fair trial…………………… ........................... 99- 112 24 6. Freedom of thought, conscience and religion……........ 113- 116 26 7. The right to receive information and freedom of expression ............................................................................ 117- 125 28 8. Freedom of association, demonstration and assembly… 126- 132 30 3 9. Freedom of movement, right to asylum and prohibition of collective expulsion ……..………………...………… 133- 140 31 10. Right to participate in public affairs ............................... 141- 170 33 II. Economic, social and cultural rights.......................................... 171- 205 38 1. Right to property ................................................................ 171- 174 38 2. Right to the enjoyment of fair and favourable conditions of work ............................................................. 175- 186 38 3. Right to the highest attainable standard of physical and mental health .............................................................. 187- 205 41 4. Right to education and rights of individuals to participate in cultural activities ......................................... 206- 214 44 III. Specific rights ................................................................................ 215- 272 48 1. Rights of the family, women, children, older persons and people with disabilities............................................... 215- 272 56 IV. Rights of the people ..................................................................... 273- 317 57 1. The right of peoples to equality........................................ 275- 282 58 2. The right of peoples to self-determination..................... 283- 293 60 3. The right of peoples to freely dispose of their resources and wealth......................................................... 294- 296 61 4. Right of peoples to economic, social and cultural development........................................................................ 297- 310 63 5. Right of peoples to peace and international security..... 311- 314 64 6. Right of peoples to a healthy environment .................... 315- 317 64 V. Duties ............................................................................................. 318- 272 65 1. Dissemination of human rights culture........................... 318- 332 65 2. National institutions for the promotion and protection 4 of rights and freedoms....................................................... 333- 343 67 3. Duty to treat others with respect and mutual tolerance 344- 348 69 4. Duty to preserve the harmonious development of the family ............................................................................. 349- 352 70 5 ACRONYMS AND ABBREVIATIONS Agence Djiboutienne de Développement Social / Social Development Agency of ADDS Djibouti Agence Nationale de l’Emploi, de la Formation et de l’Insertion ANEFIP Professionnelle / National employment, training and professional placement agency CRC Convention on the Rights of the Child CEDAW Convention on the Elimination of all forms of Discrimination Against Women CERD Convention on the Elimination of all forms of Racial Discrimination Commission Electorale Nationale Indépendante / National Independent Electoral CENI Commission CFS Côte Française des Somalis / French Somali Coastland Commission Nationale de la Communication / National Communication CNC Committee Commission Nationale pour le Développement Durable / National Committee CNDD on Sustainable Development Commission Nationale des Droits de l’Homme / National human rights CNDH commission Conseil National de la Jeunesse Djiboutienne / National Youth Council of CNJD Djibouti CNR Caisse Nationale des Retraites / National retirement fund CNSS Caisse Nationale de Sécurité Sociale / National Social Security Fund Centre de Recherche d’Information et de production de l’Education Nationale CRIPEN / National Education information research and production centre Enquête Djiboutienne Auprès des Ménages-Indicateurs Sociaux 2002 / EDAM-IS2 Household survey for social indicators in Djibouti 2002 MICS-2006 Multiple Indicator Cluster Survey 2006 EDSF/PAPFAM Survey on Family Health in Djibouti: Pan Arab Project for Family Health Front de Libération de la Côte française des Somalis / Front for the Liberation of FLCS the Somali Coast FNP Force Nationale de Police / National Police Force IMF International Monetary Fund Front pour la Restauration de l’Unité Djiboutienne / Front for the Restoration of FRUD Unity and Democracy Initiative Nationale pour le Développement Social / National Social Development INDS Initiative FGM Female Genital Mutilation ILO International Labour Organization MDG Millennium Development Goal OPS Organisme de Protection Sociale / Social protection agency SAP Structural Adjustment Plan PDMM Programme de Développement de la Microfinance et des MicroEntreprises / Micro-Finance and Small Enterprise Development Programme ICESCR International Covenant on Economic, Social and Cultural Rights UNDP United Nations Development Programme GPHC General Population and Housing Census SCEC Système de Caisse d’Epargne et de Crédit / Savings and credit fund system SID Société Immobilière de Djibouti / Djibouti lands office 6 SNA Service National Adapté / Adapted National Service GER Gross enrolment rate Territoire Français des Afars et des Issas / French Territory of the Afars and the TFAI Issas TPI Tribunal de Première Instance / Court of First Instance UAD Union pour l’Alliance Démocratique UMP Union pour la Majorité Présidentielle Union Nationale des Femmes Djiboutiennes / National Union of Djiboutian UNFD Women HIV/AIDS Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome 7 INTRODUCTION 1. Situated in the Horn of Africa, the Republic of Djibouti is strategically located and borders the Bab-El- Mandeb strait, the Red Sea and the Indian Ocean. The country stretches over a total surface area of 23,000 km2. It is bordered to the West by Ethiopia, the North-East by Eritrea and Somalia to the South- East. 2. The Republic of Djibouti, which ratified the Charter on 11 November 1991, could not meet obligations to submit, within the required timeline, its initial report to the African Commission on Human and Peoples’ Rights (ACHPR). This delay is not due to a lack of political will but rather a combination of technical factors. 3. The purpose of this combined initial and periodic report, which covers the period 1993 to 2013, is to provide the Commission with elements for assessment of key human rights developments in Djibouti, as required by Article 62 of the African Charter on Human and Peoples’ Rights. It presents the legislative, administrative and judicial measures and mechanisms adopted by the State party to give effect to the rights and freedoms recognized and guaranteed in the Charter. 4. Djibouti had previously prepared several reports in relation to international commitments in the area of human rights and this facilitated the interpretation of information contained in this report, in particular those relative to the Core Document, the Covenant on economic and social rights, the Covenant on civil and political rights and the Convention on the elimination of all forms of discrimination against women. 5. The Republic of Djibouti has, since 1992, initiated a series of measures to ensure greater protection of human rights through modernization of its legislative acts, reform of its civil service and establishment of institutions capable of guaranteeing the fundamental rights and freedoms of people. 6. Government action is geared towards the effective realization of the economic, social and political rights of citizens with special emphasis on issues relating to access and equity. 7. Constraints such as high illiteracy levels and difficulties to reduce poverty among populations
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