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TITLE: DJIBOUTI HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DJIBOUTI
Djibouti remained at year's end a de facto one-party State
ruled, since independence in 1977, by President Hassan Gouled
Aptidon and the People's Rally for Progress (RPP). Djibouti is
composed of two main ethnic groups, the politically predominant
Issa (the tribe of the President, who is of Somali origin) and
the Afar (who are also numerous in Ethiopia and Eritrea). The
Afars comprise the largest single tribe in Djibouti, but they
are outnumbered by the Issa and other Somali clans (Issak and
Gadabursi) taken together.
The Constitution permits four political parties. Of the two
opposition parties recognized by the Government, only one, the
Party for Democratic Renewal (PRD), participated in the
December 1992 legislative elections. The National Democratic
Party (PND) boycotted them on the grounds that President Gouled
did not consult the opposition on the "democratization" process
and hence that safeguards did not exist for free and fair
elections. The Front for the Restoration of Unity and
Democracy (FRUD), essentially an ethnic Afar organization,
persuaded most Afars also to boycott the elections.
Consequently, the RPP won all 65 parliamentary seats and, with
the managed reelection of President Gouled in May, holds all
significant government posts as well.
In late 1991 the FRUD began a large-scale Afar insurgency in
the northern part of the country; its unmet demands include the
formation of a transitional government and regional autonomy
for the Afars in Djibouti. A government counteroffensive which
checked the FRUD advance in July resulted in the capture of
most rebel bases in northern Djibouti.
As a result of the conflict, the Government more than tripled
the size of the combined Djiboutian national armed forces
(comprised of the army, the national security forces, and the
gendarmerie) to nearly 20,000 persons. This mobilization had a
devastating effect on Djibouti's economy. By year's end, the
total costs of maintaining the armed forces on a war footing
accounted for about 35 percent of central government budgetary
expenditures, a percentage so high as to be the principal cause
of the economic crisis gripping the nation. The armed forces,
especially those of Somali origin, committed serious abuses of
human rights during this period.
Demobilizing the armed forces remains a challenge for the
Government since adult male unemployment in the capital hovers
around 60 percent. Djibouti's soil is unproductive.
Pastoralists who have not settled in Djiboutiville eke out a
living from their livestock. There is virtually no industry.
The State is the largest employer. Commerce and services for
the 12,000 expatriate residents (mostly French, including 3,800
military personnel) and the operation of the seaport and
airport account for most of the gross domestic product. People
are free to pursue private business interests and to hold
personal and real property.
Human rights remained restricted despite the introduction of a
new Constitution and a limited multiparty political system.
Although freedom of the press has expanded since the Government
allowed the publication of opposition newspapers and tracts,
many of the other rights provided for in the Constitution were
not respected. The Government orchestrated constitutional
changes to enhance its political power and dashed the
opposition's hopes for a peaceful settlement of the civil
conflict by manipulation of the May presidential elections.
Its military offensive and the virtual occupation of the north
by national defense forces essentially of Somali origin, along
with the attendant abuse of the Afar civilians living there,
moved Djiboutians perilously close to open ethnic conflict.
The authorities also continued to detain arbitrarily political
opponents and to abuse detainees, reportedly including by the
use of torture. Violence against women and children continued
to be a problem; rape was on the rise in 1993. It often goes
unpunished.
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no known instances of deliberately targeted
political killings, but fighting between the army and the FRUD
led to many civilian casualties (see Section 1.g.).
b. Disappearance
There were no reported disappearances or abductions, yet the
Government again failed to investigate the disappearance of 12
Afars on December 18, 1991. These 12 are presumed dead and are
listed among the 59 victims of the massacre on that date of
Afar civilians in Arhiba, Djiboutiville. Gendarmerie officers
implicated in the massacre have not been punished. Nor did the
Djiboutian army try the soldiers who tortured and killed Hasna
Mohamed Ali in 1992. There is reason to believe that
high-level officials condoned their action after the fact.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution affirms that no one shall be subjected to
torture, nor to other inhuman, cruel, degrading, or humiliating
punishments. However, security forces continued to abuse
detainees, mainly Afars and criminal suspects. In this
connection, the Movement for Solidarity with Civilian Victims
of the North affirmed that at least 12 Afar women were raped by
government forces during a September 5 attack on rebel
strongholds.
In 1993 credible witnesses reported seeing police officials
beating two British nationals with fists and a broken bottle
and dragging them by their hair into a police station for
interrogation following a dispute in a local bar.
President Gouled's Chief of Staff, Ismael Omar Guelleh, heads
the secret police. Many of his critics assert that he has
orchestrated the torture of opponents to Gouled's regime.
Interrogation techniques have included use of "the swing" by
which victims are tied by their wrists and ankles to a
horizontal pole and beaten all over. In general, the
Government has taken no action to pursue or prosecute persons
accused of torture.
In the overcrowded central prison, former prime minister Ali
Aref Bourhan and his fellow inmates staged a brief hunger
strike in June to protest the curtailment of family visits.
Subsequently, family visits resumed, but Ali Aref's relatives
maintained that he had no access to medical care for chronic
skin and prostate ailments.
The Government permits representatives of the International
Committee for the Red Cross (ICRC) to have regular access to
all prisoners whether civilian or military.
d. Arbitrary Arrest, Detention, or Exile
The Ministry of Interior regularly disregards the criminal
procedures which stipulate that the State may not detain a
person beyond 48 hours without an examining magistrate's formal
charge. In particular, people who express views critical of
the Government and the President are often subjected to
arbitrary arrest and detention. The national police briefly
arrested Ibrahim Warsama Myreh, "Douneh", a nephew of the
President and a member of the ruling party, after he criticized
government-sanctioned fraud during the May 7 presidential
elections. On September 15, police detained Mohamed Houmed
Souleh, the President of the Djiboutian Association for the
Respect of Human Rights and Liberties; he was subsequently
released. Another victim of arbitrary detention and
interrogation was Dabale Ahmed Kassim, editor of the weekly
paper, The Combat, who was accused of offending institutions of
the State, a charge which government authorities typically use
to keep political opponents in line.
With the ICRC acting as intermediary in the exchange, and with
the cooperation of the Ethiopian Government, the Djibouti
Government and the FRUD exchanged detainees on December 1: The
Government released 68 detainees, and the FRUD released 26
members of the armed forces.
e. Denial of Fair Public Trial
The legal system comprises legislation and executive decrees,
French codified law adopted at independence, Shari'a (Islamic
law), traditions of the native nomadic peoples, and a
Constitution modeled on the Constitution of the Fifth French
Republic. Crimes committed in urban centers are dealt with in
accordance with French-inspired law and judicial practice in
the regular courts. Civil actions may be brought in these
courts or in the traditional courts.
The Constitution states that all persons have the right to
life, liberty, and the security and integrity of the person.
It also declares that the accused is innocent until proven
guilty, has the right to legal counsel, and has the right to be
examined by a doctor if imprisoned. Theoretically,
imprisonment can occur only if an arrest decree is confirmed by
a judicial magistrate. In practice, security forces arrest
people without warrants, and constitutional provisions for a
fair trial are often not respected.
The judiciary is not independent of the executive. The State
Security Court tries people accused of political crimes and
persons judged by the President to be a danger to national
security. Some members of the State Security Court as well as
investigating magistrates do not have a legal education.
Political trials, such as the trial of Ali Aref Bourhan in July
1992, may be appealed to the Supreme Court, but the judgments
of the lower courts are usually sustained. On June 20, the
Supreme Court rejected Ali Aref's appeal of the State Security
Court's guilty verdict.
A general amnesty for 213 criminals in September did not apply
to Ali Aref Bourhan, Mohamed Houmed Souleh, and other detainees
considered political prisoners by human rights monitors.
However, a December 15 presidential pardon released Ali Aref
and 13 associates.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Although the Constitution provides for the inviolability of the
family, home, correspondence, and communications, telephone
service to opponents of the regime, including opposition party
and Afar leaders, is believed to be tapped by the security
services.
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
The conflict between the armed forces and the Afar-led
insurgency resulted in excessive use of force and violations of
humanitarian law concerning the treatment of civilians.
On September 5, FRUD combatants ambushed an army convoy 15
kilometers outside Assa Gueyla, killing four soldiers and
wounding seven. The rebels kidnaped and raped a woman member
of the convoy. Afar leaders asserted that the convoy had been
sent to resupply government troops. Retaliation by government
forces left a reported 51 dead in the vicinity of Randa and
Tadjoura, according to FRUD and other Afar sources. A northern
traditional leader confirmed 21 civilian dead near Tadjoura
alone. Despite credible reports to the contrary, the
Government denied that its security forces perpetrated a
massacre of civilians.
The Djiboutian Association for the Respect of Human Rights and
Liberties, an organization whose credibility remains to be
established, claimed that innocent Afar civilians were often
killed indiscriminately by government military and paramilitary
forces in northern Djibouti. In one such instance in July,
soldiers reportedly killed a father and son, Mola Omar and
Mohamed Mola, in the vicinity of the town of Lahassa.
During the first 6 months of 1993, the ICRC maintained medical
clinics at some 10 locations in the north, including the towns
of Assa Gueyla and Dorra. After the government offensive of
July, independent organizations such as the ICRC and Doctors
Without Borders no longer had access to northern Djibouti. For
this reason, FRUD reports of atrocities and government reports
of ambushes have not been independently confirmed. The
Government continues to deny access to the north to embassies,
international organizations, and other observers. All these
organizations continue to receive reports of human rights
violations which cumulatively strengthen the circumstantial
case against the Government.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Government continued to exercise control of the national
media. During the Presidential campaign, which was confined to
the 4 to 6 weeks preceding the May 7 elections, it permitted
political debate and made available equal television and radio
time to the five presidential candidates to express their
views. However, the official media devoted disproportionate
coverage to the activities of the ruling party.
The Government employed economic coercion to stifle freedom of
speech, firing public sector employees who supported opposition
candidates or unwelcome political ideas. Since President
Gouled's reelection, persons who have publicly expressed views
critical of the Government or caused offense to the President
have been interrogated, arrested, or detained--occasionally for
a long period--before being tried for defamation, as in the
case of Mohamed Houmed Souleh (see Section 1.d.).
The Government Information Secretariat censors the official
press, which presents the views of the ruling party.
Djibouti's radio and television stations and one newspaper, La
Nation, a French-language weekly, are government owned and
operated. The official media do not criticize the Government.
The newspapers of the two legal opposition parties circulate
freely and openly criticize the Government.
The Government neither interferes with foreign broadcasts nor
prevents the distribution of foreign publications or detains
persons in possession of such publications.
b. Freedom of Peaceful Assembly and Association
The Government effectively bans political protest by selective
enforcement of public assembly laws, in spite of the freedom of
assembly provisions of the new Constitution. Permits are
required for peaceful assembly from the Ministry of Interior.
The PRD and the PND have applied for and been granted such
permits for rallies in the past.
The Government permitted independent presidential candidates
and the two authorized political parties to hold rallies before
the election, but let it be known that public protest of the
results would not be tolerated. As the Government had harshly
repressed an opposition political rally in the aftermath of the
legislative elections of December 18, 1992, the PND and the
PRD, fearing further government repression, refrained from
demonstrating against the Government's manipulation of the
election process.
The Constitution sanctions four political parties. The ruling
party, the RPP, reserved for itself the right to determine the
criteria and the circumstances under which the other three
parties could be recognized as legal entities. At year's end,
the Government had recognized just two opposition parties, the
PND and the PRD.
c. Freedom of Religion
Islam is the state religion. Virtually the entire population
is Sunni Muslim. The Government imposes no sanctions on those
who choose to ignore Islamic teachings on such matters as diet,
alcoholic consumption, and religious fasting.
The foreign community supports Roman Catholic, French
Protestant, Greek Orthodox, and Ethiopian Orthodox churches.
Foreign clergy and missionaries may perform charitable works
but proselytizing, while not illegal, is discouraged.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Travel within Djibouti has been disrupted by civil war so
movement between the north and south is severely restricted.
In principle, Djiboutians may travel or emigrate to foreign
countries,without restriction or interference, except to Israel.
In June the Government refused to issue travel documents to the
President of the Association for the Respect of Human Rights
and Liberties, Mohamed Houmed Souleh, and to Samira Ali Hugo,
wife of FRUD spokesman Abbo Abbatte, who had hoped to travel to
the Vienna International Conference on Human Rights.
Djibouti hosts almost 100,000 refugees, according to government
sources. This would be approximately a fifth of the total
population. The United Nations High Commissioner for Refugees
(UNHCR) acknowledges the presence of some 45,000 refugees, a
more credible figure. Most refugees come from Somalia although
some are from Ethiopia. About 20,000 are in four refugee
camps. Most of the other refugees live in Djiboutiville, where
they have no refugee status.
Some 4,000 Afar civilians fleeing civil conflict sought refuge
in Ethiopia and Eritrea. As many as 9,000 may have fled to
those countries since the end of 1991.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The right of citizens to change their government, while
theoretically possible, remains unrealizable. The Government
permits multiparty democracy as long as it poses no credible
threat to it, i.e., as long as the elite which has held power
since independence in 1977 can retain it. The Constitution,
voted into law on September 4, 1992, lays down fundamental
rights, almost all of which are circumscribed or controlled in
their implementation by the ruling regime.
President Gouled was reelected to a fourth term on May 7 in a
tightly controlled multiparty presidential election. He was
endorsed by about 60 percent of the 50 percent of the
registered voters who went to the polls. The President secured
only 53 percent of the votes in the capital where, by all
accounts, the balloting was fair, but he claimed more than 80
percent of the votes in the rebellious Afar-inhabited northern
districts where international observers detected widespread
fraud. The Afars, who compose at least one-third of the
population, heeded admonitions from the FRUD to boycott the
election. President Gouled's four electoral opponents, all
fellow Issas, issued a joint communique characterizing the
election as a "massive fraud," and the FRUD dismissed the
exercise as a sham.
The Afars, a large segment of the body politic, boycotted all
three occasions when the Djiboutians were called upon to vote.
They also boycotted the constitutional referendum in September
1992, on the grounds that it was a creation of President
Gouled's regime and not a text upon which the disaffected
members of the community were consulted. They claimed the
Constitution was tailored in such a way as to ensure the
President's domination of virtually all aspects of the
government--including the legislature and judiciary. Having
rejected the Constitution, the Afars boycotted the subsequent
elections for fear of legitimizing the process initiated by the
President and his supporters.
Women are poorly represented in government and in the political
process. There are no women in the Cabinet or in Parliament.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government was disdainful of a domestic human rights
group. It refused to recognize the Association for the Respect
of Human Rights and Liberties and imprisoned its leader, who
had criticized government suppression in the north. Government
officials viewed the human rights Association as a political
body and treated it as an opposition group.
The Government cooperated with some international and
nongovernmental organizations, notably the ICRC, which had
access to the central prison and interceded on behalf of
detainees in the conflict between the Government and the FRUD.
On December 1, the ICRC arranged the exchange of 68 FRUD
detainees held by the Government for 26 held by the FRUD in
Ethiopia.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution prohibits discrimination on the basis of
language, race, sex, or religion, but discrimination against
women and ethnic minorities is widespread.
Women
Women legally possess full civil rights. They traditionally
play a secondary role in public life and do not have the same
professional opportunities as men. 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 the security services.
According to medical personnel, all forms of violence against
women increased in 1993. The Government has not specifically
addressed violence against women or children. Very few
perpetrators of crimes against women, including rape, are
punished. When punished, they are often pardoned or serve
short sentences. Most domestic and community violence is
considered a family or clan affair. Occurrences of gang rape
indicate that violence against women is no longer controllable
by traditional authorities.
Children
Although there are a few charitable organizations working with
children, the Government devotes virtually no public resources
to the advancement of children's rights and welfare.
In 1988 the Djiboutian National Women's Union began an
educational campaign against female genital mutilation,
particularly infibulation, the most extensive and dangerous
form of sexual mutilation in Djibouti, which is generally
performed on girls between the ages of 7 and 10. The campaign
has had only marginal impact on this pervasive custom, which is
widely condemned by international health experts as damaging to
physical and mental health. According to an independent
expert, as many as 90 percent of Djiboutian females have
undergone this operation. Judicial reforms enacted in 1991
stipulate that anyone found guilty of genital mutilation of
young girls can face a heavy fine and 5 years in prison. No
one has been convicted under this statute.
The Government has not specifically addressed other forms of
child abuse which are often lightly punished. When a child is
raped or otherwise abused, the perpetrator is usually fined an
amount sufficient to cover medical care given to the injured
child.
National/Racial/Ethnic Minorities
The Government continued with its discriminatory ethnic
policy. Because of the President's policy of assigning key
positions of authority to members of his tribal group, in
particular to powerful advisers in his Cabinet, the Issa (the
dominant Somali clan in Djibouti) control the ruling RPP, the
civil service, and the military. The President's subclan, the
Mammasane, is particularly strong and wields disproportionate
power in the affairs of state.
People with Disabilities
There is no specific legislation concerning the handicapped.
Section 6 Worker Rights
a. The Right of Association
The organized labor movement is in its infancy. Fewer than 20
percent of workers in the very small wage economy are union
members. Many unions represent employees of individual private
or state-owned enterprises. Under the Constitution, workers
are free to join unions and to strike provided they comply with
legally prescribed requirements. Previously, the Government
exerted control over individual unions through the state
organized labor confederation, the General Union of Djiboutian
Workers (UGTD). The UGTD has been in eclipse since the
establishment of the independently organized Democratic Labor
Union (UDT) in 1992.
In May secondary school teachers successfully organized an
independent labor union, SYNESED. After its members struck and
refused to grade end-of-year exams, the union was recognized by
the Government.
Unions are free to maintain relations and exchanges with labor
organizations in other countries. The UGTD is affiliated with
the pan-African trade union body, the Organization of African
Trade Union Unity.
b. The Right to Organize and Bargain Collectively
Although labor has the right to organize and bargain
collectively, collective bargaining rarely occurs. Relations
between employers and workers are informal and paternalistic.
Wages are generally 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. Employees or employers may request formal
administrative hearings before the Ministry of Labor's
Inspection Service. The law prohibits antiunion discrimination
against employees, and employers guilty of such discrimination
are legally required to reinstate workers fired for union
activities.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor. This prohibition
is generally observed, but security forces sometimes compel
illegal immigrants to work for them in lieu of deportation.
d. Minimum Age for Employment of Children
The legal minimum age, 14 years, is generally respected. The
paucity of labor inspectors 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, at all hours. Children
are generally not employed under hazardous conditions. Many of
the beggars in the streets are young children whose parents
have forced them to beg for a living.
e. Acceptable Conditions of Work
Only a tiny minority of the population is gainfully employed.
Minimum wage rates are specified by government regulation,
according to occupational categories, and are enforced by the
Ministry of Labor. Last raised in 1980, the minimum monthly
wage rate of approximately $200 for a 12-hour day of unskilled
labor does not provide adequate compensation for a worker and
his family to maintain a decent standard of living. Many
workers receive housing and transportation allowances.
By law the workweek is 40 hours, often spread over 6 days.
Overtime pay and mandatory seniority bonuses are provided.
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. Because enforcement is ineffective, workers face
hazardous working conditions, particularly at the port.
Workers rarely protest as they fear replacement by others
willing to accept the risks.
[end of document]
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