Country Report on Human Rights Practices for 1991
DJIBOUTI
Djibouti is a one-party state ruled since independence in 1977
by President Hassan Gouled Aptidon and his People's Assembly
for Progress (RPP), which has been the only lawful political
party since 1981. Public life in Djibouti is dominated by two
ethnic groups, the politically predominant Issa (the Somaliorigin
tribe of the President) and the Afar (who are also
numerous in Ethiopia). The Afar are the largest single tribe,
but they are outnumbered by the combined Somali ethnic elements
in Djibouti, among whom the Issa are the largest and most
influential component. The Presidency is considered reserved
for an Issa, and the Prime Ministry for an Afar. The various
ethnic groups are represented proportionally in the Cabinet and
political bodies, yet the result is a dominant role for the
Issa in civil service, party, and armed forces.
Djibouti's security services include three police agencies:
the National Security Force (FNS) and the National Police, both
under the Ministry of the Interior, and the Gendarmerie
(military police), under the Ministry of Defense. The security
services and the Gendarmerie in particular have earned a
reputation for using torture and other abusive treatment of
detainees which continued undiminished in 1991. France assures
Djibouti's external security and maintains a force of some
3,800 military personnel (ground, air, and naval) in Djibouti.
Djibouti's arid soil is unproductive, and there is no industry;
commerce and services for the 10,000 expatriate (mostly French)
residents and operation of the seaport and airport account for
most of the gross domestic product. Although the State is the
largest employer, persons are free to pursue private business
interests and to hold personal and real property.
The human rights climate in Djibouti deteriorated significantly
during 1991. In addition to continuing use of torture and
restrictions on freedom of speech, press, assembly, and
association, an RPP congress rejected political pluralism, and
the Government detained a number of persons demonstrating
peacefully in favor of multiparty democracy. In January,
following an armed rebel attack in the north, security forces
engaged in mass arrests of Afar, many of whom were tortured
during interrogations. At the end of the year, ethnic unrest
in the north deteriorated into a civil war between an Afar
rebel coalition called the Front for the Restoration of Unity
and Democracy (FRUD) and government forces. In December
secarity forces opened fire on Afar civilians in the city of
Djibouti who refused to cooperate with government searches of
their homes, killing 40 and wounding an additional 50.
Mistreatment of illegal immigrants and refugees by gendarmes
resulted in the death of at least 10 by suffocation.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There were no incidents of targeted political or extrajudicial
killing during 1991. However, on December 18, security forces
opened fire on Afars who refused to cooperate with government
searches of their homes in the city of Djibouti, resulting in
40 dead and 50 wounded.
Throughout 1991 the security forces frequently and harshly
mistreated refugees fleeing conflict in Somalia and Ethiopia.
In one egregious incident in September, following an indiscriminate
roundup of Ethiopians, Somalis, and Djiboutians, the
gendarmes placed 58 detainees in two tiny, almost airless
prison rooms. The inhumane conditions resulted in at least
10 persons—the official count—dying through suffocation. The
Government's investigation of the incident resulted in minor
disciplinary actions, including the dismissal of two officers
and the razing of the prison where the 10 died.
b. Disappeareuice
A group of 16 persons, who were arrested after the January
attack and subsequently released, complained to the judicial
authorities that as many as 400 people, mostly Afars,
disappeared in January, without any official explanation.
Most were subsecjuently released.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law requires officials to "respect the moral and physical
dignity of the prisoner." Nevertheless, there were frequent
reports of torture in 1991, including the documentation of many
cases. In particular, the security forces use harsh
interrogation methods, including the use of severe beatings in
handling detainees, especially political/security suspects and
undocumented aliens. The practice continues both because of
official indifference and inadec[uate training of the security
forces concerning citizens' rights.
Following an attack in January by Afar rebels on the military
barracks in Tadjourah, security forces repeatedly raided the
Afar community, arresting hundreds and torturing many. Most
were subsecjuently released. However, a letter from 16 detainees
implicated 22 officers of the FNS and Gendarmerie, accusing
them of being agents of torture. They said the methods of
torture included spinning the victim until he becomes
unconscious, forced ingestion of water, sodomization with glass
bottles, electric shocks administered to the genitals of men
and to the breasts of women, suspension by feet and by hands,
and "shark fishing" in which a bound victim is towed behind a
powerboat in the open sea. The Government did not undertake an
investigation of the Tadjourah incident, and no one was
punished for the many extralegal abuses.
Prison conditions are harsh, especially in remote desert
regions, where political detainees and prisoners were
frequently sent in 1991.
d. Arbitrary Arrest, Detention, or Exile
By law, a person may be detained no more than 48 hours without
an examining magistrate's formal charge. In practice, this
deadline is ignored in cases of political interest. An accused
has the right to counsel, which in theory is provided by the
State if the accused is destitute. An accused person awaiting
trial may, by a judge's order, be released on bail or personal
recognizance, or be jailed pending the verdict.
Close to 70 persons, mainly Afars, were detained follov/ing the
January attack. Among those arrested in January on grounds of
state security were Ali Aref Bourhan, his nephew Aref Moheimed
Aref, and Mohamed Daoud Chehem, formerly director of finance.
In the National Assembly, the Prime Minister's chief of staff
accused the entire Aref family of attempting to overthrow the
State, participating in assassinations, and associating with
wrongdoers.
Omar Daoud, leader of a small armed Afar opposition group,
remained in prison awaiting trial at year's end. He was
arrested in June 1990.
Another notable case of arbitrary detention occurred in April
when Moh.amed Moussa "Tour-Tour" was arrested after
demonstrating peacefully in favor of multiparty democracy.
Whereas the Aref prisoners are of the minority Afar tribe,
Tour-Tour is an Issa and a former director of planning for the
President. The Ministry of Justice acknowledged the illegality
of his imprisonment, but the Ministry of Interior did not
relent until September 8, when Tour-Tour was released without
explanation for his 5 months of detention.
The Government does not use political exile as a means of
punishment. There are, however, several opposition figures in
self-exile in France.
e. Denial of Fair Public Trial
Djibouti's legal system is a mixture of Djiboutian legislation
and executive decrees, French codified law adopted at
independence, Shari'a (Islamic law), and traditions of the
native nomadic peoples. Crimes in urban areas are dealt with
according to French-inspired law and judicial practice in the
regular courts. Civil actions may be brought in the regular
courts, or in traditional court according to tribal customs.
Shari'a courts handle only family matters (marriage, divorce,
inheritance, etc.). Decisions of all three court systems may
be appealed to the Supreme Court. Proceedings in all courts
except the State Security Court are open to the public. The
judiciary is especially susceptible to government influence in
cases of political interest. Many of the magistrates and
judges are political appointees with little or no legal
training.
The special State Security Court may hear in closed session
cases of espionage, treason, and acts threatening the public
order or the "interest of the Republic." Extensive delays are
typical in such cases due to their political sensitivity. This
Court convened on December 22 to hear the case of Ali Aref and
other Afars accused of coup plotting, but it postponed the
trial at the defense's request—until July 1992. In the
meantime the defendants remain jailed.
Opposition figures challenge the legitimacy of the State
Security Court and the legality of the executive order which
established it, claiming the Court exists primarily to
"adjudicate" the cases of political prisoners held according to
the wishes of the President and his security apparatus. The
Government has responded positively to domestic and
international suggestions for judicial reform. The State
Security Court is now subject to the appeal process before the
Supreme Court, and while the December session was not open to
the public, journalists and family members, as well as
diplomats, were allowed to attend.
f . Arbitrary Interference with Privacy, Family* Home, or
Correspondence
Security forces in the city of Djibouti recommenced periodic
roundups during which the FNS and the Gendarmerie
indiscriminately incarcerate loiterers, many of whom are
undocumented refugees. The Gendarmerie typically refuses to
respond to family inquiries regarding people who disappear
during these roundups. There were no known instances of
arbitrary interference with correspondence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are seriously restricted. Those who express
public views that are critical of or perceived as threatening
to the Government face prosecution for common crimes or
detention without charge for short periods. During 1991,
unprecedentedly frank discussions took place within the party
over political reform (see Section 3). Despite the ban on free
political expression, critics of the regime have published
clandestine tracts and manifestos th^t circulate widely in
Djibouti.
Djibouti's radio and television stations and one newspaper (a
French- language weekly) are all government owned and operated.
The Government's avowed policy is to coordinate the
dissemination of information "in the interest of national
development." The news media do report on social and national
development problems in Djibouti, such as the acquired
immunodeficiency syndrome (AIDS) problem and female
circumcision, but the Government itself and its policies are
not criticized. The media avoid domestic politics and ethnic
strife in neighboring Somalia and Ethiopia, although the
collapse of the Mengistu regime in Ethiopia and the Siad Barre
regime in Somalia received significant coverage.
Foreign journalists (e.g., British Broadcasting Corporation
Somali Service) or members of international organizations,
including from the staff of the United Nations High
Commissioner for Refugees (UNHCR) , in Djibouti were expelled
during 1991 for discussing ethnic tensions. Copies of one
issue of a Paris daily newspaper were temporarily held off
newsstands in July because of an article criticizing Djibouti's
treatment of Ethiopian escapees in May and June. Issues of the
monthly Tribune of the Opposition, and those of the Paris
weekly, the Indian Ocean Newsletter, are also banned. People
found in possession of these periodicals may be arrested.
b. Freedom of Peaceful Assembly and Association
The Government effectively bans political protest by selective
enforcement of piiblic assembly permit laws. Permits for
political meetings are not issued outside party auspices.
Prodemocracy demonstrations in April followed a March RPP
decision not to accept political pluralism. The leader of the
first demonstration, Mohamed Moussa Tour-Tour, was arrested and
detained in the remote military outpost of Moulehoule where he
was confined for several months until released following a
hunger strike. Four other prodemocracy demonstrators were
arrested on April 23 for their political activities (namely,
demanding Tour-Tour's release); they were released 2 weeks
later.
c. Freedom of Religion
Djibouti respects freedom of religion for all faiths.
Virtually the entire population is Sunni Muslim, but the
Government imposes no sanctions on those who choose to ignore
Islamic teachings on such matters as diet, alcohol consumption,
and religious fasting.
The expatriate community supports Roman Catholic, French
Protestant, Greek Orthodox, and Ethiopian Orthodox churches.
Less than 1 percent of the native population belongs to these
Christian congregations. Foreign clergy and missionaries may
perform charitable works, but proselytizing is a highly
sensitive issue and, while not illegal, is discouraged.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Djiboiitians travel freely within Djibouti and may live and work
where they choose. Djiboutians leave for, and return from,
foreign countries without restriction or interference, except
for travel to Israel or South Africa. The passports of members
of the Aref family were withheld in January prior to their
detainment.
Djibouti cooperates with the UNHCR to assist the approximately
1,500 registered Ethiopian refugees in the country, many of
whom returned to Ethiopia in August. Following the collapse of
the Mengistu regime in neighboring Ethiopia, Djibouti faced a
massive influx of fleeing Ethiopian army personnel and their
families. With the assistance of the French military, most of
these soldiers were stopped or were forced back across the
border. Many refugees were returned to Ethiopia without UNHCR
supervision to certify that their repatriation was voluntary.
Those that refused to return were not accorded refugee status
but received better treatment than Somali refugees.
As a matter of policy the Government does not recognize as
refugees the approximately 94,000 Somali nationals who have
fled the Somali civil war. The Government has an informal
agreement with UNHCR that these refugees will not be forcibly
repatriated if they do not "cause trouble," but UNHCR in fact
has limited ability to extend protection to these persons, and
the Government's policy has resulted in inadequate water
supplies and medical care as well as malnutrition for the
Somalis.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
All legal political activity is conducted within Djibouti's
single party, the People's Assembly for Progress (RPP) . As in
most Djiboutian institutions, the Issa have a dominant role in
the RPP, which has had a monopoly of power since the rival
Djiboutian People's Movement (MPD) was outlawed in 1981. The
party chooses the candidates for the Presidency and the
65-member National Assembly, a legislative body with limited
power. Presidential elections are held every 7 years, and
elections for the National Assembly every 5 years. Citizens
are encouraged to vote, but affirmative and negative ballots
must be cast in different boxes, making it obvious who votes
against the party.
In early 1991, the RPP held a congress which was marked by some
of the most open political debate in years. Several
participants called for the end of the single party system and
a move to multipartyism. The RPP rejected this proposal but
has now accepted the principle of political pluralism for the
elections to take place in May 1992. The impetus for change
has been the armed insurgency led by the FRUD coalition. The
Government has made -its democratization pledge contingent on
the cessation of hostilities.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The Government has not responded to repeated attempts by two
independent groups of Djiboutians to formally register a
"Djiboutian League for Hviman Rights." A third group has
complied with all the laws concerning Djiboutian associations
but has thus far failed to secure official sanction. The
International Committee of the Red Cross and Amnesty
International have had limited access to visit some, but not
all, of Djibouti's political prisoners. The Government has
also permitted inspection of prison facilities by foreign
diplomats. However, three UNHCR workers were expelled from
Djibouti, one of whom had been incarcerated for 7 hours.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
The Issa control the party, the civil service, and the military
as a result of the President's policy of assigning positions of
authority to members of his tribal grouping and in particular
his subclan, the Mammasan. Although other government positions
are apportioned according to relative tribal numbers, the
arrangement is suspect as no census figures have ever been
released. Perc[uisites and corruption have created a class of
wealthy bureaucrats who live far beyond the means of the
ordinary Djiboutian.
Women in Djibouti legally possess full civil rights but
traditionally play a secondary role in public life. Women are
active in small trade, as well as in the clerical and
secretarial fields. There are only a few women in the
professions (civil service, judiciary, teaching, and medicine)
and security services.
According to medical personnel, violence against women
—
including rape and wife beating—occur. While data are
limited, such violence is still considered a relatively
infrequent occurrence. Neither the Government nor the
party-affiliated Djiboutian National Women's Union (UNFD) has
addressed the issue. Most domestic and community violence is
considered a family or clan matter, dealt with accordingly, and
therefore rarely brought to the attention of authorities. The
UNFD began a government-supported educational campaign against
female circumcision in 1988, but the campaign appears to have
had marginal impact, particularly in the northern districts,
where nomadic traditions of genital mutilation of young girls
(e.g., clitoral excision and the most dangerous form,
inf ibulation) are widely practiced. Recent judicial reforms
have stipulated that anyone found responsible for circumcision
of young girls that results in genital mutilation could face
5 years in prison and a $6,000 fine. By implication, circumcisions
that are well performed are legal.
Section 6 Workers Rights
a. The Right of Association
Workers are free to join or not join unions as they choose, but
less than 20 percent of persons in the wage economy are union
members. Labor unions thus play a minimal role in Djibouti.
Many unions represent employees of only a single private or
state-owned enterprise. The Government exerts control over
individual unions through the single, stateorganized
labor central, the General Union of Djiboutian
Workers (UGTD) . Although there is no legal bar to other labor
centrals, none exist, and the UGTD has no affiliations beyond
its membership in the continentwide official trade union body,
the Organization of African Trade Union Unity. Unions are free
to maintain relations and exchange programs with unions and
labor organizations in other countries.
Workers are free to strike, but there were no strikes in 1991.
b. The Right to Organize and Bargain Collectively
Although the law recognizes labor's right to organize and
bargain collectively, in practice, collective bargaining
virtually does not exist. Relations between employers and
workers are informal and paternalistic. Wages are in practice
established unilaterally by employers on the basis of Ministry
of Labor guidelines. When disputes about wages or health and
safety issues arise, the Ministry of Labor encourages direct,
ad hoc resolution by labor representatives and employers.
Either workers or employers may initiate a formal
administrative hearing mediated by the labor inspection service
of the Ministry of Labor.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
By law there is neither forced nor compulsory labor in
Djibouti, and there are no reports that it is practiced.
d. Minimum Age for Employment of Children
The legal minimum age of 14 years is generally respected;
however, the paucity of inspectors from the Ministry of Labor
makes it unlikely that investigations are ever carried out,
according to union sources. Children may and do work in
family-owned businesses such as restaurants and small shops,
including at night. Children are not employed under hazardous
conditions.
e. Acceptable Conditions of Work
Minimum wage rates are specified by government regulations
according to occupational categories and are enforced by the
Ministry of Labor. Last increased in 1980, minimum wages cover
a broad range of jobs. Many workers also receive housing or
housing allowances and transportation and food allowances, in
addition to mandatory seniority bonuses. In reality, wages are
lower than the official minimum. Families supplement their
incomes with second jobs or assistance from relatives.
By law the maximum workweek is 40 hours, often spread over
6 days. Overtime pay regulations are in effect. Workers are
guaranteed daily and weekly rest periods and paid annual
vacations. The Ministry of Labor is responsible for
occupational health and safety standards, wages, and work
hours. Enforcement of these standards, however, is
ineffective. Workers face hazardous working conditions,
particularly in the port where they are exposed to toxic
chemicals and are not properly clothed to handle these
materials. Workers in the electric company face equal hazards
and often work in temperatures exceeding 60 degrees Celsius.
Workers do not protest, as they fear being replaced by others
willing to accept the risks.
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