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TITLE: DJIBOUTI HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995

                            DJIBOUTI


Despite 1992 constitutional changes that permitted the creation
of four political parties, President Hassan Gouled Aptidon and
the People's Rally for Progress (RPP), in power since
independence in 1977, continued to rule the country.
Djibouti's two main ethnic groups are the politically
predominant Issa (the tribe of the President, which is of
Somali origin) and the Afar (who are also numerous in Ethiopia
and Eritrea).  The Afar comprise the largest single tribe in
Djibouti but are outnumbered by the Issa and other Somali clans
(Issak and Gadabursi) taken together.

On December 26, 1994, the Government signed an agreement that
recognized the Afar-led Front for the Restoration of Unity and
Democracy (FRUD) as a legitimate political party.  The
Government is expected to name a number of FRUD members to key
posts during 1995.  The FRUD had been engaged in insurgency
actions against the Government since 1991.  Neither of the two
officially recognized opposition parties, the Party for
Democratic Renewal (PRD) or the National Democratic Party
(PND), hold parliamentary seats.  The PND boycotted the
December 1992 legislative elections, and the FRUD persuaded
most Afars not to participate.  As a result, the RPP won all 65
parliamentary seats and, with the managed reelection of
President Gouled in May 1993, now holds all significant
government posts as well. The next legislative elections are
scheduled for 1997.

Under the Ministry of Defense, the Djiboutian National Armed
Forces (composed of the army, the national security forces, and
the gendarmerie) are responsible for internal and external
security.  There is a small uniformed police force.

Since the FRUD insurgency began in the Afar-dominated north,
the armed forces have tripled in size, placing an enormous
burden on the economy.  Even though the insurgency diminished
greatly during the year--consisting largely of scattered FRUD
attacks on government troops--the Government moved slowly on
demobilization, in part because adult male unemployment in the
capital was already around 60 percent.  In March the Government
began negotiations with the main faction of the FRUD and signed
a peace agreement at the end of the year.  Both sides were
responsible for the death of noncombatants before the fighting
ended.

Djibouti has no industry; services and commerce provide most of
the national income based on the large foreign expatriate
community of 12,000, including 3,800 French soldiers, and the
state-controlled maritime and commercial activities of the Port
of Djibouti, the airport, and the Addis Ababa-Djibouti
railroad.  Only a few mineral deposits exist in the country,
and the arid soil is unproductive--only 10 percent is pasture
and 1 percent is forested.  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 in 1992 and a limited multiparty political
system.  The judiciary is still not independent of the
executive.  While reports of military abuses of civilians in
the north ended in March, there were several new reports of
security force brutality against Afar civilians, including
extrajudicial killings, both in the north and in putting down
demonstrations in Djiboutiville.  The Government prosecuted,
but subsequently released, four political opponents who had
signed a FRUD declaration calling for continued armed
struggle.  At the same time, the Government permitted somewhat
increased freedoms of speech and the press and eased
restrictions on freedom of movement in the north.  The
Government permitted the International Committee of the Red
Cross (ICRC), U.N. representatives, and diplomatic missions
resident in Djibouti access to prisoners and insurgent areas.
The traditional practice of female genital mutilation continued
to be a problem.

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 known instances of politically motivated
extrajudicial killings.  However, there were credible reports
that security forces might have killed civilians in skirmishes
with FRUD insurgents and used excessive force in quelling
Afar-led demonstrations.  The most important incidents
included, in January, the alleged killing by government forces
of 7 FRUD supporters in retaliation for an earlier ambush on
government forces.  In March there were unconfirmed reports
that government forces killed 36 FRUD supporters, including
civilians during fighting.  It was impossible to verify the
number of casualties or to determine whether the reported
victims were civilians or antigovernment insurgents.

In June police used excessive force in a violent clash with
Afar demonstrators, killing as many as 7 persons and wounding
15 others, after the authorities moved to destroy makeshift
homes and a community run school in an Afar squatter
neighborhood (see Section 2.d.).

     b.  Disappearance

There were no reports of disappearances.  An investigation
launched by the authorities in 1991 to determine culpability in
an old disappearance case yielded no concrete results.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

The Constitution states that no one shall be subjected to
torture or to other inhuman, cruel, degrading, or humiliating
punishments.  Under the new Penal Code adopted in October,
torture is punishable by 15 years in prison.  Senior government
officials pressed for and generally succeeded in bringing about
an improvement from the situation in 1993, particularly after
peace discussions began with the FRUD in the spring.
Nevertheless, especially during the first 3 months of 1994,
credible reports indicated that security forces abused
detainees, particularly Afars in the northern region and
persons suspected of links with the FRUD.  There were credible
reports of the involvement of government forces in the rape of
at least one dozen Afar women and girls in the Mabla and Oueima
regions in March.

Prison conditions are harsh.  There were no reports of abuses
leading to the deaths of prisoners or rape of female
prisoners.  The Government permitted representatives of the
ICRC regular access to all prisoners, whether civilian or
military.

     d.  Arbitrary Arrest, Detention, or Exile

The 1994 Penal Code stipulates that the State may not detain a
person beyond 48 hours without an examining magistrate's formal
charge.  Another 48-hour detention can be accorded to the
police assuming the prior approval of Djibouti's public
prosecutor.  Persons charged with political or national
security offenses can be detained as long as an investigation
is underway.  Nevertheless, the police often disregarded these
procedures, normally arresting persons without warrants and
sometimes detaining persons for lengthy periods (see Section
1.e.).

As far as known, the Government held no political or security
detainees at the end of the year.  The security forces captured
about 30 FRUD combatants during the previous 2 years.  Most of
these persons gained release during an ICRC-arranged exchange
at the end of 1993 or early in 1994.  The agreement signed with
the FRUD in December grants amnesty to all FRUD militants.

     e.  Denial of Fair Public Trial

The legal system comprises legislation and executive decrees,
French codified law adopted at independence, Shari'a (Islamic)
law, and traditions of the native nomadic peoples.  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.  Shari'a law is restricted to civil and
family matters.

A special State Security Court hears cases of espionage,
treason, and acts threatening the public order or "the interest
of the Republic."  This Court tries people accused of political
crimes and persons judged to be a danger to national security.
The Court normally meets in closed session but not always; any
decision may be appealed to the Supreme Court.

The Constitution states that the accused is innocent until
proven guilty, has the right to legal counsel, and the right to
be examined by a doctor if imprisoned.  Legal counsel is
available to the indigent in criminal and civil matters.  Court
cases are heard in public before a presiding judge and two
accompanying judges.  The latter receive assistance from two
persons--"assessors"--who are not members of the bench, but who
possess enough sophistication to comprehend legal proceedings.
While the Government selects the assessors from the public at
large, human rights groups have claimed that political and
ethnic affiliations played a role in determining who was
selected.  The constitutional provisions for a fair trial are
generally respected in regular nonpolitical criminal cases.
Theoretically, imprisonment can legally occur only if an arrest
warrant is confirmed by a judicial magistrate.  However, in
practice, security forces arrest people without warrants.

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.  In recent years, a number of legal proceedings
commanded public attention as not meeting international
standards of fair trial.  Some members of the State Security
Court as well as investigating magistrates do not have a legal
education.  Although State Security Court decisions may be
appealed to the Supreme Court, lower court sentences are
usually sustained.

There were no known political prisoners.  The trial of the four
political opponents, who in January had signed a document which
called for continued armed struggle against the Government,
took place in early May.  The defendants were represented by
counsel and released after the trial at Djibouti's Palais de
Justice, while supporters of the four demonstrated outside.
Human rights activist Mohamed Houmed Souleh, a male nurse and
former parliamentarian, was detained in September 1993 for
alleging official involvement in a politically motivated
killing.  After being sentenced to 3 months' imprisonment and a
fine in October, the Appeals Court ordered a reduction in the
sentence in January 1994 to 1 month's imprisonment.  The
Supreme Court affirmed this ruling, and Souleh was permitted to
regain his freedom.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The Constitution provides for the inviolability of the family,
home, correspondence, and communications.  However, the
Government monitors the communications of regime opponents,
including opposition party and Afar leaders.  Warrants are
required for the authorities to conduct searches on private
property.

     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts

The conflict between the armed forces and the Afar-led
insurgents resulted in the excessive use of force and
violations of humanitarian law concerning treatment of
civilians.  Most of these abuses occurred early in the year and
ended by April after the start of negotiations between the
Government and the FRUD.  After denying the ICRC and foreign
embassies access to the north during the second half of 1993,
the Government allowed controlled access to most areas in the
spring.  Complete access became available after the signing of
the peace accord in December.

Low-level fighting took place between the security forces and
insurgents during the first months of the year.  Following a
period of calm, the Government and the FRUD signed a peace
agreement in December.  The French continued to provide
humanitarian assistance to Djibouti.  French troops delivered
relief supplies or were present in limited numbers in towns
like Tadjourah.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Government owns the electronic media, the most important
medium for reaching the public, as well as the principal weekly
newspaper.  The official media do not criticize the President
or the Government.  However, there are several opposition-run
weeklies which circulate freely with open criticism of the
Government.  The Government permitted television coverage of
the annual congress of one of the two legal opposition parties,
during which the party leader sharply criticized the
authorities.

In contrast to 1993, when the authorities interrogated,
arrested, detained, or tried persons who publicly criticized
the Government or the President, the Government did not commit
such abuses in 1994.  The improvement appears to reflect the
ending of the insurgency and outside pressure.

The Government also did not interfere with foreign broadcasts
or prevent the distribution of foreign publications.

There are no specific laws or other criminal sanctions that
threaten academic freedom.  In general, teachers may speak and
conduct research without restriction as long as they do not
violate the laws on sedition.  There were several student
demonstrations in 1994.  The chief cause was the late payment
of government subsidies.  However, the demonstrations were
largely a manifestation of despair about the parlous state of
the economy.

     b.  Freedom of Peaceful Assembly and Association

The right to free assembly is provided for in the Constitution,
and the Government generally respected this right.  The
Ministry of Interior requires permits for peaceful assembly,
and the Government sometimes used the absence of a permit as
the legal basis for action against demonstrators.  In 1994 the
authorities denied a permit to Aden Roblem Awaleh's National
Democratic Party (PND) on grounds that it would lead to
violence.  Some opposition leaders effectively practiced
self-censorship.  Rather than provoke a government crackdown,
they refrained from organizing popular demonstrations.
Security forces used excessive force in putting down
spontaneous demonstrations, such as in an incident in the Afar
squatter community (see Section 2.d.).

The Constitution sanctions four political parties, but the
ruling party, the RPP, reserves the right to determine the
criteria and the circumstances under which the other parties
may be recognized as legal entities.  The Government recognized
the PND and the PRD throughout the year, and formally
recognized the FRUD in December.  Nonpolitical associations
must register with the Ministry of the Interior in accordance
with a law enacted at the turn of the century.

     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

The civil war seriously restricted movement between north and
south until spring, when the insurgency declined, except in one
or two enclaves.  Djiboutians may travel or emigrate to foreign
countries without restriction or interference.  In October the
Government lifted passport restrictions for travel to Israel.

On at least two occasion during the year, the Government razed
squatter settlements built on public land by Afars displaced by
the civil conflict and others, including illegal immigrants
from Somalia and Ethiopia.  In one "clean up" early in the
year, the Government moved some of the displaced Afar to an
alternative site 12 kilometers from Djibouti and rounded up
non-Djiboutians and sent them to refugee camps.  In June the
Government, in attempting to raze an Afar neighborhood,
destroyed makeshift homes and a community run school.  Security
forces used massive force against the subsequent, spontaneous
protest, killing 7 persons and wounding 15.  The authorities
claimed that they responded to attacks on police by residents
with stones, clubs, and knives.

Since 1991 about 9,000 civilians, largely Afar, have fled the
civil conflict, mainly to Ethiopia and Eritrea.  Despite the
much improved security situation in 1994, very few Afar
returned in 1994.

Djibouti hosts almost 120,000 refugees, according to government
sources, approximately a fifth of the total population.  The
United Nations High Commissioner for Refugees (UNHCR)
acknowledges only the presence of some 45,000 refugees, largely
from Somalia and Ethiopia resident in four main refugee camps.
There are several thousand others living and working illegally
in Djiboutiville.  The UNHCR figures are based entirely on the
number of people living in recognized camps and not on the
larger population pool counted as refugees by the authorities.
Late in 1994 the Government began in cooperation with UNHCR to
move illegal residents to refugee camps for repatriation to
Ethiopia.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Although the 1992 Constitution provides for the right of
citizens to change their government in theory, in practice
citizens have not yet been allowed to exercise this right.  The
RPP has carefully controlled the implementation of the new
four-party system, and with the opposition largely refusing to
participate, easily ensured total RPP control of the
legislature in 1992 and President Gouled's reelection to a
fourth term in 1993.  Many Afars, particularly supporters of
the FRUD, claim that the Constitution was crafted to ensure the
President's domination of virtually all aspects of the
Government, including the legislature and judiciary.

The Government signed a peace agreement with the FRUD in
December 1994.  The agreement set the stage for the inclusion
of FRUD members in senior government posts, although this
anticipated development had not taken place by the end of the
year.  As negotiations took place during the year, the security
situation improved markedly.

Although legally entitled to participate in the political
process, women are largely excluded from senior positions in
government and in the political parties.  There are no women in
the Cabinet or in Parliament.  The highest ranking woman in the
country is Mrs. Khadija Abebe, President of the Court of
Appeals.  At least three other women serve as judges, while
several are school administrators.  The director of
multilateral organizations in the Ministry of Foreign Affairs
also is a woman.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

The Government has been hostile to the formation of local human
rights groups.  In the case of the Association for the Respect
for Human Rights and Liberties (ADDHL), in 1993 the Government
imprisoned its Association leader, Mohamed Houmed Soulleh,
after he criticized military abuses in the civil conflict, and
in 1994 continued to deny the ADDHL recognition (see Section
1.e.).  The ADDHL continued to function during 1994, however,
with Soulleh as its head.  No other known human rights groups
exist.  No international human rights group visited the country
in 1994.

The Government cooperated with some international human rights
organizations, including the ICRC which in 1993 played a large
role in the exchange of prisoners in the civil conflict.

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, but in practice, due
to traditional societal discrimination in education and other
areas, play a secondary role in public life and do not have the
same employment opportunities as men.  With only a few women in
the professions, women are largely confined to wage employment
in small trade as well as in the clerical and secretarial
fields.  Customary law discriminates against women in such
areas as inheritance, divorce, property ownership, and travel.
The French Legal Code does not, prompting many educated women
to seek to defend their interests through the Western legal
framework.

Violence against women does not appear to be a major problem.
When violence against women does occur, it normally is dealt
with within the family or clan structure rather than in the
courts.  The police rarely interfere in domestic violence
cases, and the media cover only the most extreme cases, such as
murder.  The Government has been increasingly concerned about
the growing problem of rape, and included in the new 1994 Penal
Code stiff sentences for rape ranging up to 20 years in
prison.  No cases were tried under the new Code before the end
of the year.

     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.

According to an independent expert, as many as 98 percent of
Djiboutian females have undergone female genital mutilation
(FGM), which international health experts widely condemn as
physically and psychologically damaging.  In Djibouti FGM is
generally performed on girls between the ages of 7 and 10.  In
1988 the Djiboutian National Women's Union began an educational
campaign against FGM, particularly infibulation, the most
extensive and dangerous form of sexual mutilation.  The
campaign has had only marginal impact on this pervasive
custom.  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.  However, the Government has
not convicted anyone under this statute.

The Government has not specifically addressed other forms of
child abuse, which are often lightly punished.  For example,
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.  The Government has not as yet used
provisions of the new Penal Code to deal more stiffly with
domestic violence and child abuse.

     National/Racial/Ethnic Minorities

The Government continued to discriminate against citizens on
the basis of ethnicity in terms of employment and advancement.
The Issa (the dominant Somali clan in Djibouti) control the
ruling party, the civil and security services, and the
military.  The President's subclan, the Mamassan, is
particularly strong and wields disproportionate power in the
affairs of state.

     People with Disabilities

The Government does not mandate accessibility to buildings or
government services for people with disabilities.  Although
disabled persons have access to education and public health
facilities, there is no specific legislation that addresses
their needs, and there are no laws or regulations which prevent
job discrimination against disabled people, who find it
difficult to find employment in an economy where approximately
60 percent of the able-bodied male adult population is
underemployed or jobless.

Section 6  Worker Rights

     a.  The Right of Association

Under the Constitution, workers are free to join unions and to
strike provided they comply with legally prescribed
requirements.  In the small wage economy, about 70 percent of
workers are union members, concentrated in individual private
or state-owned enterprises.  Previously, the Government exerted
control over individual unions by making membership mandatory
in the state-organized labor confederation, the General Union
of Djiboutian Workers (UGTD).  Since 1992 unions are free to
join or form other confederations.  While the UGTD is now
nominally independent of the Government, it still has close
ties to the RPP.  However, the Democratic Labor Union (UDT) has
gained increasing union support.

The prescribed legal requirement for initiating a strike calls
for the representatives of employees who plan to do so to
contact the Interior Ministry 48 hours in advance.  Most of the
strikes in 1994 were legal.  In May elementary school teachers
struck over nonpayment of salaries.  The Education Minister
attempted to declare the strike illegal and dissolve the
union.  When secondary school teachers struck in support of
their colleagues, the Minister backed down.  The Labor Law
prohibits employer retribution against strikers and is
generally enforced.

Unions are free to maintain relations and exchanges with labor
organizations in other countries.  The UGTD is affiliated with
the Organization of African Trade Union Unity.  The UDT applied
for affiliation with the International Confederation of Free
Trade Unions in early 1994.

     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.  Workers 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.  The Ministry generally enforces the law.

An export processing zones was established in December.

     c.  Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, and while this is
generally observed, 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 for the employment of children is 14
years, and the law is generally respected.  However, the
shortage of labor inspectors makes it unlikely that
investigations are ever carried out, according to union
sources.  Children are generally not employed under hazardous
conditions.  Children  may and do work in family-owned
businesses, such as restaurants and small shops, at all hours.
Many street beggars are young children whose parents have
forced them to beg to help support the family.

     e.  Acceptable Conditions of Work

Only a small minority of the population is engaged in wage
employment.  The Government sets administratively minimum wage
rates according to occupational categories, and the Ministry of
Labor is charged with enforcement.  Last raised in 1982, the
minimum monthly wage rate is approximately $200 (35,900
Djiboutian francs) for a 12-hour day of unskilled labor.  Many
workers also receive housing and transportation allowances.
Even with these fringe benefits, however, the minimum wage does
not provide adequate compensation for a worker and family to
maintain a decent standard of living.

By law, the workweek is 40 hours, often spread over 6 days.
Workers are guaranteed daily and weekly rest periods and paid
annual vacations.  The Ministry of Labor is responsible for
enforcing occupational health and safety standards, wages, and
work hours.  Because enforcement is ineffective, workers
sometimes face hazardous working conditions, particularly at
the port.  Workers rarely protest as they fear replacement by
others willing to accept the risks.  There are no laws or
regulations permitting workers to refuse to carry out dangerous
work assignments without jeopardy to continued employment.