The Republic of

The Overall Context

Djibouti is democratic republic. The , legislative, and judicial powers are in the hands of the constitutional institutions of the state. The president enjoys the executive powers of the state. Local governments are administratively and financially independent. The relies on the services provided by the state’s vital seaport. Djibouti is a free trade zone in the Horn of Africa. The state produces fruit and vegetables, cattle, dairy products, construction material, and salt. Djibouti also produces tanning products. Djibouti lacks natural resources. The most important economic development indicators include: GDP(1) at 1.589 billion USD, GNI (PPP) per capita at 4.722%(2), and inflation at 2.6%(2).

Gender indicators 1. Latest available data, 2014: http://www.worldbank.org/en/country/ Indicator Females Males Ranking djibout, 2015 2. Idem 2013 Gender gap indicator(4): 0,308 168/188 3. http://fr.tradingeconomics.com/ Mars 2015 4. Djibouti is not ranked for the gender equality index and this above figure represents Inequality-adjusted Human Development Index Education (%) (HDI/IHDI) and the ranking is related to the HDI (0470), «Work for (5) Human Development» : Human Development Report 2015, http:// Literacy (%) 82,2 70 --- hdr.undp.org/en/content/table-4-gender-inequality-index (6) 5. Survey EDAM3 (2012) for the 12-24 age group, Beijing + 20 national School enrollment (%) report, 6. Latest available data, 2014: http://www.worldbank.org/en/country/ Elementary school 55 66 --- djibout, 2015 7. Idem, 2013 Secondary school 61 99 --- 8. Idem, 2015 9. Idem, 2014 Higher education ------10. i.e. 12.7% according to http://www.ipu.org/pdf/publications/ wmnmap14_fr.pdf, 2014. Among 7 women, 1 is member of the Health Bureau as a Quaestor, 1 in charge of the budget management , (7) administrative and financial organization of the , 1 chair Life expectancy at birth (number of years) 63 60.1 --- and 1 vice-chair of a commission and 1 is the General Rapporteur: Beijing +20 report, 2014. (8) Maternal mortality(per 100.000 live births) 229 ------11. According to the data of 2015, http://www.ipu.org/pdf/publications/ wmnmap14_fr.pdf. 3 women, 1 Minister and 2 secretaries of state Women’s participation in public life (%) against 20 men, including 17 ministers, two deputy ministers and (9) one secretary of state: report Beijing + 20, 2014. Participation in labor force 36.5 68 --- 12. The Presidency of the , the highest court, is assured (10) by a woman since 1998. Of the five (5) directorates of the Ministry of Women MPs (%) 7 48 105/190 Justice two (2) are headed by women. It is the same for the Court of (11) First Instance and the Court of Appeal. At the Constitutional Council Women at ministerial positions (number) 1 18 --- two (2) of the seven (7) members are women while they are four (4) to ten (10) members of the Higher Judicial Council. National Report (12) Women in the (%) 11 ------Beijing +20: Gender Equality Achievements

The Universal Declaration of Human Rights and Protocol to the African Charter on Human and Peoples’ Rights are part and parcel of the of Djibouti. The state protects civic rights and participation and legitimate interests of the people at home and abroad. The state guarantees equality before the law (no discrimination on the basis of language, ethnic origin, sex, or religion). Beliefs and respect and protection of people as well as respect for people’s rights to life, liberty, security, and personal safety are ensured by the state. Rights including freedom of belief, religion, worship, opinion, movement, and residence are guaranteed by the constitution and the law. They also guarantee the right to create associations, unions, and the right to strike. The law defines the right to ownership and inheritance, sanctity of residence, confidentiality of correspondence and other means of communication. Such confidentiality can only be violated when An employer must take all necessary measures to ensure that the there is collective threat or to save lives. life and health of the employees are safeguarded. In the right to work, the employees’ bylaws and labor law forbid discrimination People have the right to express their opinions but must respect on the basis of sex, age, ethnic origin, color, disability, union regulations and other people’s . The penal code criminalizes membership, social origin, union activity, and political and religious all types of discrimination. The law also criminalizes violation of views of the employee. This applies to employment, attitude, work privacy and trespassing. The age of consent, according to the distribution, promotion, and wages. Equal pay for equal work. law, is 18. This is the age when people enjoy civil right. The law Forceful and coercive work is forbidden. guarantees HIV positive people to enjoy all rights and liberties. The law also protects non-Djiboutian people who live in Djibouti and Coverage of work related social rights is based on people’s their . support and contribution. Employees are entitled to medical care and coverage of the costs of treatment of chronic diseases and The constitution guarantees equally the right to education to occupational diseases and work accidents. Employees, laborers, all Djiboutian citizens as well as non-Djiboutian people living widows and divorced women are entitled to benefits given to in Djibouti. The state guarantees compulsory and free public families with six or more children. The benefits start at birth up to education to people aged 6 to 16. The education system also 15 years of age. The minimal benefits are defined by education or includes vocational education to train people to become training of children. Pregnancy shall not be ground for dismissal professionals and technicians. The educational system of Djibouti from the job. Working mothers are entitled to prenatal healthcare. fights illiteracy especially among women. The labor law prohibits They are entitled to 14-week maternity leave. Working mothers employers from discrimination on the basis of sex upon selection receive break to breastfeed their infants. A 55-year old employee of employees. Training can be included as a provision of work receives pension providing that he/she contribute to social security contract. Interims enjoy the same job rights like employees, fund for a number of years. An employee may request early according to work procedures, throughout the training period. retirement at the age of fifty. A spouse may receive the pension They shall remain loyal to the business and employer they serve in of his/her deceased spouse; however, specific conditions apply. return for the training. Pensioners and their families receive free medical care providing that they contribute 6.2% of the pension. The health policy law of Djibouti follows the rules of the World Health Organization. The national health policy is based on equality, In political and participation rights, the constitution considers solidarity, and the respect of the people and the civic society to legitimacy at grassroots level as source of authority. Individuals Djibouti’s international obligations. Hence, the state ensures the equally share authority regardless of their ethnicity, sex, or religion, right to health for all by providing good quality and accessible health via secret balloting. Voting age in Djibouti is 18 for those who enjoy services. The state ensures no discrimination in the provision of full civil and political rights. It is prohibited to form political parties health services on social or geographic grounds. Maternal and child on the basis of ethnicity, sex, religion, doctrine, language, or region. health policy aims to ensure the right to reproductive health, family The quota system is interim arrangement; it stands at 10%. Political planning, combat sexually transmitted diseases, prevention of early parties must submit lists of candidates with 10% quota. The council age pregnancy, reveal abortions conducted secretively, monitor of ministers ensures such quota at senior state positions. life-threatening pregnancies, and provide monitored childbirth under qualified eyes. Ending pregnancy for medical reasons is not The law defines legal status and rights within the family including an abortion, according to the law. Sick and handicapped people parents’ responsibilities to children, protection of children’s and those who are HIV positive, have AIDS, and vulnerable people economic, social, and cultural rights. Marriage age is 18. Marriage are entitled to benefits to ensure decent living. There shall be no contract is conducted by Shari’a officer; two witnesses are required discrimination in the provision of services, care, and protection to to witness the marriage. Marriage requires mutual consent. The such people. The law punishes discrimination, stigmatization, and marriage contract may include conditions introduced by couples on violation of the rights of disabled, sick, and vulnerable people. It is person and property. The objective of marriage is mutual respect, a medical priority in Djibouti to occupational medicine to protect loyalty, and cooperation. Married couples shall carry out duties as people from occupational diseases and accidents at the workplace. expected by customs and traditions. The man pays for marriage costs and supports the family. A woman may voluntarily contribute to marriage costs. A spouse’s complaint that is not supported by evidence prompts judge’s investigation. Reconciliation is proposed by arbitrators and divorce takes place by judge’s order if reconciliation fails. Divorce can be appealed against. Divorce with mutual consent takes place before Shari’a officer who documents it. Husband’s absence and disregard of the wife and lack of support are grounds for divorce. Custody is for parents during marriage and the judge decides to whom custody goes in divorce taking into consideration children’s wellbeing. The law ensures that children stay in touch with the parents when separated. A father must ensure accommodation for children. Priority in family support goes to the wife. A husband pays for the cost of breastfeeding if the mother is unable to breastfeed. A mother needs to support the children if the father is unable to do so. Inheritance follows Shari’a rules. A will is valid even when the inherited and the inheritor belong Contradictions within the same to different beliefs. A child born to Djiboutian parents in Djibouti national legislative system or abroad shall be considered Djiboutian. Marriage has no effect on obtaining Djiboutian nationality; however, the time couples The constitution and most laws call for equality. There spent together and having at least one child are determinant are no legal constrains against women’s enjoyment of factors in becoming Djiboutian. Naturalization as Djiboutian entails civil and political rights and participation or the right immediate eligibility to rights enjoyed by all Djiboutian citizens. to education and training. The laws fight the harmful customs that violate the right to health and reproductive In protection of women from gender-based violence, the health such as unsafe abortion and female circumcision. constitution prohibits and the law punishes discrimination on However, some laws overlap and contradict each other. the basis of origin, sex, family status, health status, and disability. This affects other rights such as the right to work and/ They also prohibit , inhumane treatment, humiliation, and or the work-related social rights. The labor law restricts degradation. Legal marriage age is 18. Physical violence (including women work; it prohibits specific jobs and working torture beating, injection of harmful substance, injury, killing, at specific establishments. It requires medical test to detention) and verbal violence (such as public insult, threatening prove women’s ability and capacity to conduct specific by using words or pictures or by any other means, threatening jobs from a biological perspective. Male workers do to kill, and provocation) and sexual violence (sexual abuse, not receive similar treatment even when they conduct rape, intentional subjection to sexually transmitted diseases) hazardous jobs. In legal status and rights within the are punishable by capital punishment, life or less imprisonment, family, the family affairs law of 1992 and fine, or compensation, according to the penal code. Punishments are contradictory. For instance, consent is prerequisite for are tougher against perpetrators of crimes who are close to the marriage, which is based on equality; however, minors’ victims such as family and when the victim is a minor (less than marriage is legal. The law also violates equality in divorce, 15), vulnerable, sick, disabled, or mentally handicapped. The custodianship, and family support. punishment is also determined by the size of the harm done such as disfiguration, dismemberment, death (murder or manslaughter) The contradictory provisions of the law also contradict or the outcome of detention. Similarly, prostitution, sex trade, the constitution and other laws that call for equality and human trafficking in and outside Djibouti are prohibited. between men and women in rights and duties and before Punishments for such crimes vary as above. The state looks after the law. Articles 1 and 10 of the constitution and Article the victims of such crimes. Female genital mutilation is punishable 390 of the penal code consider discrimination a crime. by the law. People who are aware of female genital mutilation The law also stipulates that women must obey men even must report such act to the authorities or they would be held if women were holding prominent political or economic accountable before the law. positions and contribute to the society. The law does not require women to assist in family affairs. The family affairs People are equal before the law. They enjoy the right to litigation law violates the constitutional principle of equality before when unfairly treated or subjected to harm as an outcome of crime the law, which is fundamental to the right to litigation or offence. The victims of such acts may lodge a complaint at a and access to justice. If a Djiboutian woman becomes a court of law and the organizations that deal with acts of female judge, she would still have to approve minors’ marriage. genital mutilation and sexual abuse. Minor victims must approve The law is lenient to an abductor when such abductor such procedures. Failure to press charges by victims does not stop voluntarily reveals the wrongdoing. A woman who the state from taking action against perpetrators of crime. Judges resorts to violence under coercion and pressure is held are independent and they are only subjected to the law in order to legally accountable. The penal code allows organizations ensure access to justice. It is not allowed to pursue, arrest, accuse, to file lawsuits against female genital mutilation or sexual or charge a person illegally. A person shall be considered innocent abuse; however, there are restrictions to this that may until proven guilty at a court of law. Such person has the right to be restrict the functions of such organizations and the rights defended at court throughout the entire court procedures. of the victims. Remaining Gender Gaps and Challenges

The law has no discrimination whatsoever in enjoying civil rights and participation including the right to nationality, the right to work and training, and the right to health. In the right to reproductive health, women may not conduct self- induced abortion. The law punishes doctors or other health professionals who conduct abortion; they may lose their license temporarily or permanently. The law inhibits women’s right to work since it limits jobs and places where women, pregnant women, and young women may work. Work inspector may decide after reviewing medical tests whether a woman or a young woman are capable or not of conducting a specific job. Women shall be appointed at jobs that suit their capacity. Work inspector may, in this case, decide to end a job contract and compensate the employee. In related social rights, a widow may have leave upon husband’s demise. This does not apply Contradictions with country’s to a widower. Family benefits are only given to an employee international obligations whose children and wife are eligible and live in Djibouti. A husband is not entitled to monthly marriage allowance if his Djibouti’s constitution embodies principles and wife has a qualification or has a paid job. A divorced female human rights as defined by the Universal Declaration of employee must wait for social security fund investigations of Human Rights and the Protocol to the African Charter on her divorcee before obtaining family allowance. A pregnant Human and Peoples’ Rights. Hence, Djibouti is a signatory to employee may be entitled to compensations as of the date most international and regional human rights conventions. The she stops working providing that she does not stop working constitution stipulates that such conventions, once officially two weeks before childbirth. Though Djibouti eliminates all published in Djibouti, enjoy power higher than that of the forms of discrimination, the law isolates illiterate, Somalis, national laws. Djibouti has no reservation; therefore, to the and Afar voters who cannot speak French or Arabic fluently, international covenants and protocols it ratified except for the which violates political rights. In legal status and rights within Convention on the Rights of the Child –Djibouti has reservation the family, marriage, including minors’ marriage, requires to the parts of the Convention that are not in line with the guardian’s approval -guardian means father or grandfather state’s legacy and values. Hence, Djibouti has conducted a or a person who represents them. This also applies to proxy number of reforms and made policies with tangible impact marriage. A judge may approve marriage if couples consent on people’s life in civic and political rights and participation, and guardians disapprove. Polygamy is legal pending fair and the right to education and training, and the right to health just treatment, (fair and just are not made into a law). A wife and reproductive health. Women’s right to work; however, must respect the husband’s authority as breadwinner and obey is impeded by justifications such as incapacity and health. him for the good of the family (this is not explained). Divorce The justifications are used to distance women from jobs that or Khul’a may be filed by any of the spouses for wrongdoing. are traditionally considered men’s jobs. Work related social The judge decides the compensation for the financial and rights allow women maternity leave in accordance with ILO’s psychological wrongdoing. The judge takes the man’s income conventions though Djibouti has not yet ratified ILO’s working in this case into consideration. The father or the grandfather women’s rights convention. Djibouti has no reservations to the are the custodians of minors. A mother needs judge’s order to International Covenant on Civil and Political Rights and CEDAW be the children’s custodian even in the event of the demise of and carried out several amendments to its family law; however, the children’s father. A woman may not spend on the family legal status and rights within the family face provisions in the or the husband even if able to do so. A woman may file an family law that contradict equality between men and women alimony lawsuit against her husband who is away. Inheritance in enjoying all civil and political rights and marriage age follows Shari’a rules, including usba bilghayr (an alone female rights. This is even aggravated by Djibouti’s reservation to the whose ordained quota is one half or two thirds when there are Convention on the Rights of the Child. In any case, Djibouti’s more than one female) where inheritance is on the basis of constitution stipulates that age of consent is 18; however, the the male has the share of two females. A donated part of the law allows minors to marry even when guardians object. This inheritance goes to the grandchildren of the son at the male is a violation of Article 1 of the Convention on the Rights of has the share of two females rule. Though female circumcision the Child, which stipulates that “a child means every human is a crime, there are no laws protecting women from gender- being below the age of eighteen years unless under the law based violence or some of its forms such as minors’ marriage applicable to the child, majority is attained earlier.” Djibouti and sexual harassment at the workplace. An abductor may takes measures to protect women from gender-based receive lenient sentence if voluntarily releases the abductee violence especially genital mutilation; however, the measures before the end of the seventh day of the abduction. This do not protect women from daily abuse at home, in public, inhibits women’s and children’s right to litigation and access and at the workplace. Djibouti’s contradictory laws inhibit to justice. This right is also inhibited by the law’s consideration the right to litigation and access to justice, which hinders the that a person who acts under coercion or overwhelming work of the organizations that defend the rights of the victims control (not defined) legally responsible. of female circumcision and sexual abuse. Required legal reforms Right to work and relevant social rights a. Review the provisions concerning women’s work to be based on the right and freedom to work for women and review prohibition of specific work at specific institutions (Article 111 of the labor law). b. The medical test, which is a prerequisite for employment, must be compulsory for men and women. It shall be prompted by professional measures rather than women’s biology (Article 112). c. Amend paragraph 4 of Article 259 of the labor law, which stipulates “equal pay for equal work.” This shall be amended to “equal work for work of equal value.” This would ensure consistency with Article 137 of the same law. d. Ensure equality between female and male employees in family compensations and widow’s and widower’s pension.

Legal status and rights within the family The constitutional provisions of equality and other laws such as the family affairs law, the penal code, the labor law, the social security law, and the pension law, which have direct or indirect impact on life and relations within the family as well as Djibouti’s international obligations, are to be made consistent. This requires the following reviews: a. Freedom to choose a husband, marriage of minors, marriage Principle of equality: contract, free consent, custodianship, proxy marriage, a. Enhance language used in legal provisions to be gender marriage relations, protection of women’s family and civic sensitive. rights during marriage and after marriage (articles 7, 14, 16, b. Review legislations, as appropriate, to ensure consistency 17, 22, and 31 of Djibouti’s family affairs law number 152 of between traditional, Islamic, and civic laws and Djibouti’s 2002). international obligations including its obligation to CEDAW, b. The rights and responsibilities during and after marriage, Beijing Declaration and Platform for Action, and Protocol unilateral divorce, and divorce based on wrongdoing, to the African Charter on Human and Peoples’ Rights. This judge’s role in divorce and Khul’a (file for divorce) (articles shall be based on available human and financial resources 33, 34, and 39 of Djibouti’s family affairs law number 152 of and relevant monitoring and evaluation mechanisms. 2002). c. Djibouti is to reconsider and withdraw its reservation to c. Parents rights and responsibilities in family planning, ta’a the Convention on the Rights of the Child in light of Vienna (wife’s obedience to the husband), custody, guardianship, Declaration and Program of Action 1993. and support of children and wife –during good and bad d. Endorse the ILO’s conventions concerning working women. times. Children’s wellbeing shall be paramount in this (articles 46, 49, 68, 70, 71, 170, 171, of family affairs law Civil rights and participation: number 152 of 2002). a. The principle of equality between men and women to be d. Define the conditions of polygamy and the language used in integrated in the law to ensure equal enjoyment of legal and regulating polygamy such as “being fair and just” or cancel human rights. polygamy all together due to its negative impact on family, b. Increase women’s quota from 10% to at least 30% to ensure especially children (Article 22 of family affairs law number their participation in political parties and in elected and 152 of 2002). government agencies. Protection of women from gender-based violence: Right to education and training: a. Impose tougher punishment against the widespread crime a. The constitution to include equal right to compulsory and of female circumcision. free education for all. b. Draft laws to protect women throughout life from violence, b. Draft law to combat illiteracy equally among all. including domestic violence and marital rape. c. Draft law that criminalizes sexual harassment at the The right to health and reproductive health: workplace. a. The right to health and reproductive health shall be imbedded in the constitution. The right to family planning Right to litigation and access to justice shall also be integrated in the family affairs law to protect a. Facilitate the procedures of filing lawsuits by societies operating women from unwanted pregnancies and unsafe abortion. against female genital mutilation and sexual abuse. Jordan

Other measures

Civil rights and participation: a. Enhance the mission and resources of the Ministry of Women’s Empowerment and Family Planning. Enhance and support the gender focal points to have effective role in advocating and promoting reforms of the law. This shall be on the basis of analyzing the legal system and assessing Djibouti’s achievements after 20 years of the Fourth World Conference on Women of Beijing. b. Continue to integrate and institutionalize gender and human rights. This is conducted via assessing the outcomes of the women integration in the development process strategy of 2003-2011 and the national gender policy 2010-2021. This is achieved by planning for results and gender responsive budgeting.

Right to education and training: a. Support illiteracy combating programs for women’s benefit. b. Take steps and measures to reduce the gap in education between girls and boys, including improving boarding schools.

Health and reproductive health a. Priority is to be given to reduce maternal mortality and ensure women’s access to services like pregnancy and childbirth, family planning, and prenatal healthcare. b. Support women with AIDS by making gender sensitive strategies to reduce the impact of the disease on women and their families. Ensure equal access to medical treatment, Center of Arab Women for Training and Research especially AIDS treatment. CAWTAR 7 Impasse N° 1 Rue 8840 Centre Urbain Nord BP 105 Cité Al khadhra 1003 - TUNIS Right to work Tél : (216 71) 790 511 - Fax : (216 71) 780 002 a. Establish regional training centers to enhance women’s [email protected] www.cawtar.org integration in socio-economic development. The Arab Gulf Program for Development P.Kingdom of Saud Arabia Legal status and rights within the family P.O.Box 18371 Riyadh 11415 a. Organize campaigns to change behaviors that impede equality Tel +966 (11) 441 8888 Fax +966 (11) 441 2962 between men and women and women empowerment at local http://www.agfund.org

and national levels and at home. This includes girls’ education, UN Women female circumcision, role distribution on married couples and 7 Golf Street, Maadi - Cairo, EGYPT Tel: +20 2 2380 1720 children, family planning, violence against women and female Fax: +20 2 2750 8791 children … etc. www.unwomen.org

United Nations Development Programme Protect women from gender-based violence 2 Hegaz Street, Cedare Building, Heliopolis, Cairo, Egypt a. Create shelters to accommodate women and children who are Tel: +(202)24535603 victims of domestic violence. Fax: +(202)24535602 [email protected] www.arabstates.undp.org

The right to litigation and access to justice Ministry For Foreign Affairs of Finland a. Increase the centers that provide advice and counseling and P.O.Box 176, FI-00023 Government, Finland tel: +358 295 350 000 legal aid to women and girls. [email protected] b. Develop training programs to raise the awareness of the www.formin.fi/ justice and security sectors’ officers on national lawsand international covenants especially those on women’s legal and human rights and for them to protect the laws and covenants.