Djibouti: Treatment of sexual minorities, including legislation, state protection, and support services (2009-March 2012) [DJI104070.E]

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Situation

Information regarding sexual minorities in Djibouti was scarce among the sources consulted by the Research Directorate.

The US Country Reports on Human Rights Practices for 2010 notes that, in Djibouti, "[s]ocietal norms did not allow for the public discussion of homosexuality, and persons did not openly acknowledge having a homosexual orientation" (US 8 Apr. 2011, Sec. 6). In a report on the situation of lesbian, gay, bisexual, and transgender (LGBT) people in Djibouti, GlobalGayz.com, a travel and culture website focusing on the life of sexual minorities in countries around the world, indicates that gay and lesbian people in Djibouti have "little public social life … [and] are living undercover and in fear" (GlobalGayz.com 15 Feb. 2012). The same source states that there is "virtually zero tolerance for same-sex orientation" among the population in Djibouti (ibid.). However, the US Country Reports 2010 notes that there were "no known reports of societal violence or discrimination based on sexual orientation" (US 8 Apr. 2011, Sec. 6).

2. Legislation

Various sources indicate that homosexuality is illegal in Djibouti (Asylumlaw.org Jul. 2006; Canada 29 Oct. 2011; Sodomylaws.org 24 Nov. 2007; UK 23 Apr. 2012). However, according to the International Lesbian, Gay, Bisexual, Trans and Intersex Association's (ILGA) survey of laws criminalizing same-sex sexual acts between consenting adults "same-sex sexual activities between adults have never been criminalised" (May 2011, 9). Nevertheless, GlobalGayz.com reports that although "[m]ost people interpret the Constitution of Djibouti as decriminalizing homosexuality … the government tends to adhere to Islamic law more than constitutional law, rendering homosexuality illegal" (15 Feb. 2012).

3. Support and Protection

In June 2011, the UN Human Rights Council passed a resolution against human rights violations based on sexual orientation and gender identity (IGLHRC 17 June 2011; Human Rights Brief 10 Nov. 2011). Sources indicate that Djibouti voted against the resolution (ibid.; IGLHRC 17 June 2011). According to GlobalGayz.com, there is "no social support or organization [for LGBT people] that can help in a legal fight if someone is arrested or threatened …" (15 Feb. 2012). The same source also states that there are "no services for health, education or play" (GlobalGayz.com 15 Feb. 2012).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Asylumlaw.org. July 2006. "Sexual Minorities and the Law: A World Survey." [Accessed 24 Apr. 2012]

Canada. 29 October 2011. Department of Foreign Affairs and International Trade. "Travel Report: Djibouti." [Accessed 24 Apr. 2012]

GlobalGayz.com. 15 February 2012. "Gay Life in Djibouti, Africa." [Accessed 22 Apr. 2012]

Human Rights Brief. 11 November 2011. Saralyn Salisbury. "African Opposition to the UN Resolution on Sexual Orientation and Gender Identity." [Accessed 7 May 2012]

International Gay and Lesbian Human Rights Commission (IGLHRC). 17 June 2011. "Historic Decision at the United Nations: Human Rights Council Passes First-Ever Resolution on Sexual Orientation and Gender Identity." [Accessed 18 Apr. 2012]

International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). May 2011. Eddie Bruce-Jones and Lucas Paoli Itaborahy. "State-Sponsored Homophobia." A World Survey of Laws Criminalising Same-Sex Sexual Acts Between Consenting Adults. [Accessed 23 Apr. 2012]

Sodomylaws.org. 24 November 2007. "Laws Around the World." [Accessed 24 Apr. 2012]

United Kingdom (UK). 23 April 2011. Foreign and Commonwealth Office. "Travel Advice by Country: Djibouti." [Accessed 24 Apr. 2012]

United States (US). 8 April 2011. Department of State. "Djibouti." Country Reports on Human Rights Practices for 2010. [Accessed 23 Apr. 2012]

Additional Sources Consulted

Oral sources: A Country of Origin Information researcher for the Horn of Africa at the Office of Refugee, Asylum and International Operations in the Department of Homeland Security, a professor at Josef Korbel School of International Studies University of Denver, the Principal Investigator of Envisioning Global LGBT Human Rights, and representatives of the International Gay and Lesbian Human Rights Commission and the International Lesbian, Gay, Bisexual, Trans and Intersex Association could not provide information for this Response. African Men for Sexual Health and Rights, the Coalition of African Lesbians, the Ligue djiboutienne des droits humains, and the Organization for Refuge, Asylum and Migration could not be reached.

Internet sites, including: Africa.com; Africultures; Agence djiboutienne d'information; Agence de presse africaine; AllAfrica.com; Amnesty International; Association pour le Respect des Droits de l'Homme à Djibouti; Asylumlaw.org; Behind the Mask; Djibnet.com; Djiboutination.com; ecoi.net; Factiva; Fahamu Refugee Legal Aid Program; Fédération internationale des ligues des droits de l'homme; Gay Pride Index; Gays Without Borders; Human Rights Watch; International Crisis Group; Lesnouvelles.org; LGBT Asylum News; Ligue djiboutienne des droits humains; Le Monde; La Nation; Panafrican News Agency; Reuters; La Tribune Libre de Djibouti; United Nations — Integrated Regional Information Networks, Refworld.

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