9. The 1992 Constitution proclaims fundamental human rights and freedoms clearly and
unambiguously. Since 1992, the promotion and protection of human rights have formed part of the framework of pluralistic democracy, rule of law and decentralization.
10. The Constitution, which entered into force on 4 September 1992, gives a prominent place to human rights and freedoms. In the preamble, Djibouti endorses the Universal Declaration of
Human Rights and the African Charter on Human and Peoples’ Rights and undertakes to ensure the full development of individual and collective rights and freedoms, as well as the harmonious development of the national community.
11. This endorsement of the Universal Declaration of Human Rights and the African Charter gives these two international and regional instruments constitutional rank.
1. National
12. Title II of the Constitution of 4 September 1992 is devoted entirely to the rights and duties of the person. The rights and freedoms recognized under title II include the following:
(a) Equality before the law without distinction of language, racial origin, sex or religion;
(b) The right to life, liberty, security and integrity of person, legality of prosecution and the presumption of innocence;
(c) The right to legal counsel and a doctor, in the event of arrest;
(d) Prohibition on arrest without a warrant;
(e) The right to freedom of thought, conscience, religion, worship and opinion (art. 11);
(f) The right to own property and the inviolability of the home (art. 12);
(g) Secrecy of correspondence; freedom of movement (art. 14);
(h) Freedom of expression, freedom of association and trade union rights, the right to strike (art. 15);
(i) The right to freedom from torture and inhuman, cruel, degrading or humiliating treatment or punishment (art. 16).
13. Under the Djibouti Constitution, the legislature is empowered to establish the conditions for the enjoyment of these fundamental rights and freedoms and the procedures for their implementation. In this context, the following key legal texts were adopted:
(a) Right to life, security and integrity of person
(i) Act No. 59/AN/94 of 5 January 1995 promulgating the Criminal Code, which defines and punishes violations of freedom, crimes and offences against persons in particular homicide, assault and battery, duress, and illegal arrest or
confinement;
(ii) Act No. 60/AN/94 of 5 January 1995 promulgating the Code of Criminal Procedure;
(b) Personal status legislation
(i) Act No. 79/AN/04/5 L of 2004 promulgating the Nationality Code;
(ii) Act No. 152/AN/02/4 L of 31 January 2002 promulgating the Family Code;
(c) Prohibition of slavery, servitude and torture
(i) The Criminal Code and the Labour Code, which prohibit slavery and all similar practices;
(ii) The Criminal Code, which punishes acts of torture and barbarity and violence leading to mutilation, amputation or any other impairment resulting in permanent disability, in particular mutilation;
(iii) Act No. 210/AN/07/5 L on combating trafficking in human beings;
(iv) Legislation regulating the national police, prohibiting officers from perpetrating torture or inhuman, cruel, degrading or humiliating treatment or punishment;
(d) Freedom of thought, conscience, religion, opinion and expression
Organization Act No. 2/AN/92 of 15 September 1992 on freedom of communication;
(e) Freedom of assembly, association, procession and demonstration (i) The Associations Act of 1 July 1901;
(ii) Organization Act No. 01/AN/92 of 23 September 1992 on political parties;
(f) Right to take part in the conduct of public affairs and to elect leaders
Organization Act No. 1/AN/92 of 21 October 1992 promulgating the Elections Act, which sets out the conditions for elections, eligibility and ineligibility, the rules for the organization of elections and various remedies;
(g) Right to work, rest and social security, and trade union rights
(i) The Act of January 2006 promulgating the Labour Code, which recognizes the right of every citizen to work, to rest and to training, absolutely prohibits forced or compulsory labour. It also recognizes the right of every worker to belong to a trade union of their choice and the right to strike;
(ii) Act No. 203/AN/07/5 L establishing the National Agency for Employment, Training and Vocational Guidance (ANEFIP);
(iii) Act No. 3/AN/92/2 L governing civil servants’ pensions;
(iv) Act No. 137/AN/90/2 L of 22 January 1991 governing the retirement of members of parliament;
(v) Act No. 137/AN/90/2 L of 22 January 1991 governing military pensions;
(vi) Act No. 137/AN/90/2 L of 22 January 1991 governing disability pensions;
(vii) Act No. 212/AN/07/5 L establishing the National Social Security Fund (CNSS);
(viii) Act No. 151/AN/02 establishing the National Social Security Board;
(ix) Acts Nos. 154/AN/02 and 155/AN/02 revising contribution methods and the acquisition of pension rights;
(h) Right to education and health
(i) The Outline Act on the Education System of 1999:
(a) First plan of action for education (1999-2005);
(b) Second plan of action for education (2006-2008);
(ii) The Outline Act on Health Policy of July 1999:
(a) Strategic plan for health development (2001-2011);
(b) Plan of action (2008-2012).
14. Furthermore, the Republic of Djibouti has adopted general policies for the advancement and protection of women and children and the development of education, health and justice, as well as poverty eradication.
15. Djibouti’s tradition of proclaiming rights and freedoms in the Constitution has from the outset been underpinned by its ratification of the main international and regional human rights
instruments.
16. As soon as they are published, these instruments prevail over domestic law, as is the case with other ratified treaties. The Republic of Djibouti has ratified the following legal instruments.
2. International 17. Main instruments:
(a) International Covenant on Civil and Political Rights (ratified on 5 February 2004);
(b) International Covenant on Economic, Social and Cultural Rights (ratified on 2 September 2002);
(c) Convention on the Elimination of All Forms of Discrimination against Women (ratified on 27 May 1998);
(d) International Convention on the Elimination of All Forms of Racial Discrimination (ratified on 27 December 1990);
(e) Convention on the Rights of the Child (ratified on 2 December 1990);
(f) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (ratified on 9 September 2002).
18. Relevant legal instruments:
(a) Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (in the process of adoption);
(b) Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (in the process of adoption);
(c) Geneva Conventions of 1949 and the additional protocols thereto;
(d) 1951 Convention relating to the Status of Refugees and the Protocol thereto;
(e) Rome Statute of the International Criminal Court;
(f) Core conventions of the International Labour Organization;
(g) Core conventions of the United Nations Educational, Scientific and Cultural Organization.
3. Regional 19. Legal instruments:
(a) African Charter on Human and Peoples’ Rights (1991);
(b) Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights;
(c) Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (ratified in 2005);
(d) The African Charter on the Rights and Welfare of the Child, signed in 1992.
20. Other human rights commitments in the framework of the Intergovernmental Authority on Development (IGAD) and the Common Market for Eastern and Southern Africa (COMESA) have also been made.