Legal Instruments

Statistics and Figures

Bibliography

Djibouti

This section provides a list of international conventions and regional/bilateral agreements to which each country is a signatory, as well as national legislation that deals with movement, migration, asylum and human rights. Each listing includes a PDF/ link to a publically accessible document of the convention/law mentioned.

International Conventions:

General International Law

Vienna Convention on Consular Relations, 24 April 1963 (entered into force 19 March 1967) 596 U.N.T.S 261. Ratified 1978

PDF

International Criminal Law

Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 2 December 1949 (entered into force 25 July 1951) 96 U.N.T.S. 271. Ratified 1979

PDF

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984 (entered into force 26 June 1987) 1465 U.N.T.S. 85 [CAT]. Ratified 2002
PDF

Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000 (entered into force 15 November 2000) 2241 U.N.T.S. 507 [Palermo Protocol]. Ratified 2005

PDF

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000 (entered into force 15 December 2000) 2237 U.N.T.S 319 [Palermo Protocol] Ratified 2005

PDF

United Nations Convention Against Transnational Organized Crime, 15 November 2000 (entered into force 29 September 2003) 2225 U.N.T.S 209. Ratified 2005

PDF

International Human Rights law

Convention on the Elimination of All Forms of Discrimination against Women, 18 December 1979, 1249 U.N.T.S 513 [CEDAW]. Ratified 1998
PDF

Convention on the Elimination of All Forms of Racial Discrimination, 7 March 1966, 660 U.N.T.S 195 [CERD].
Signed 2006, Ratified 2011
PDF

Convention on the Rights of the Child, 20 November 1989, 1577 U.N.T.S. 3 [CRC]. Signed 1990, Ratified 1990
PDF

International Covenant on Civil and Political Rights, 16 December 1966, 999 U.N.T.S. 171 [ICCPR]. Ratified 2002
PDF

International Covenant on Economic, Social and Cultural Rights, 16 December 1966 (entered into force 3 Jan 1976) 993 U.N.T.S. 3 [ICESCR]. Signed N/A, Ratified 2002
PDF

Universal Declaration of Human Rights, UN General Assembly Resolution A/RES/217 A (III), 10 December 1948, Art 14. [UDHR]. PDF

International Humanitarian Law/Law of War

Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 31 [First Geneva Convention]. Ratified 1978

Link to Conv.

Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 85 [Second Geneva Convention]. Ratified 1978

Link to Conv.

Geneva Convention relative to the Treatment of Prisoners of War, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 135 [Third Geneva Convention]. Ratified 1978

Link to Conv.

Geneva Convention relative to the Protection of Civilian Persons in Time of War, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 287 [Fourth Geneva Convention]. Ratified 1978

Link to Conv.

Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, 8 June 1977 (entered into force Dec. 7, 1978.) 1125 U.N.T.S. 3 [Protocol I]. Ratified 1991

Link to Conv.

Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts, 8 June 1977 (entered into force 7 December 1978) 1125 U.N.T.S. 609 [Protocol II]. Ratified 1991 Link to Convn.

International Labor Law

ILO Convention C 111 Discrimination (Employment and Occupation) Convention (1958). Ratified 2005

Link to Conv.

ILO Convention C 29 Forced or Compulsory Labour Convention (1932). Ratified 1978

Link to Conv.

ILO Multilateral Framework on Labour Migration (2005).

Link to Framework

International Refugee Law

Convention Relating to the Status of Refugees, 28 July 1951, 189 U.N.T.S. 150. [Refugee Convention]. Ratified 1977
PDF

Protocol relating to the Status of Refugees, 4 October 1967, 606 U.N.T.S. 267 [Refugee Protocol]. Ratified 1977 Link to Protocol

International Trade Law

General Agreement on Trade in Services, 15 April 1994 (entered into force 01 January 1995), L336, p. 191 [GATS}].

PDF

Protocol to the General Agreement on Trade in Services (GATS) (Movement of Natural Persons), 16 October, 1995 (entered into force 26 July 1996), L167, P. 43 [Protocol III] PDF

Regional and Bilateral Agreements:

Regional Agreements

The Statute of the Organization for the Development of Women in the OIC Member States
PDF

OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, 1001 U.N.T.S. 45 (1969).
Signed 2005, Ratified N/A
PDF

African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (The Kampala Convention) (2009).
Signed 2009, Ratified 2015
PDF

Irregular Migration & Readmission Agreements

Agreement between the Government of Djibouti and the Government of the French Republic on the Transfer of Convicted Persons in another's (1992) territory
PDF_French

Labor agreements

Convention between the Government of the French Republic and the Government of the Republic of Djibouti on Training (1978)
PDF_French

Social Security Agreements
None Currently listed

National Legislation:

Nationality Laws

Decree No. 80-071/PR/DEF of 1980 concerning prior authorization for military internships abroad
PDF_Fr

Law No. 79/AN/04/5th L of 1992 on the Djiboutian Nationality code
PDF_Fr

Article 19 of the 2010 Djibouti Constitution ensures that the State of Djibouti protects the rights and interests of Djiboutian citizens abroad
Link to Constitution_Fr

Labor and Migration

Law No. 58/AN/94/3th L of 18 October 1994 on various measures to encourage investment
PDF_Fr

Decree No. 95-0110/PRE of 9 October 1995 regulates the work of foreign nationals
PDF_Fr

Law No. 133/AN/05/5^th of 2006 sets minimum age for employment at 16 and sets other regulations for children who are under 18 and working. There are exemptions for this regulation; the Code prohibits forced and bonded labor
PDF_Fr

Law No. 109/AN/10/6th L amending some provisions of articles 41, 213, and 215 of Law No. 133/AN/05/5th L of 2006 on the labor Code
PDF_Fr

Law No. 201/AN/07/5^th L of 22 December 2007 sets forth conditions of entry and residence in the Republic of Djibouti
PDF_Fr

Article 18 of the 2010 Djibouti Constitution ensure that any foreign with regular status enjoy the protection of the law
Link to Constitution_Fr

Law No. 74/AN/10/6^th L of 21 February 2010 amending Law No. 201/AN/07/5^th L sets conditions of entry to the republic of Djibouti including provisions on residence permits and penalties for irregular residence
PDF_Fr

Law No. 153/AN/12/6th L of 2012 establishing the tariff for work permits for foreign workers in the Republic of Djibouti
PDF_Fr

Law No. 28/AN/13/7^th L of 3 December 2013 amending Law No. 153/AN/12/6^th L establishing the tariff for work permits for foreign workers in the Republic of Djibouti
PDF_Fr

Law No. 172/AN/17/7th L of June 2017 amending provisions to law No. 28/AN/7th L amending Law No. 153/AN/12/6 concerning work permits for foreign workers in the Republic of Djibouti
Link to Law_Fr

Asylum laws

Ordinance No. 77053 / P.R. / A.E. Of 9 November 1977 on the status of refugees on the soil of the Republic of Djibouti.
Link to Law_Fr

Decree No. 2001-0101/PR/MI of 28 May 2001 amending Decree No. 77-054/PR/AE of 9 November 1977 establishes the National Commission for the Eligibility of Refugees and includes provisions on its composition, its mission and functioning. The Decree provides that once refugee status is obtained, the Minister of the Interior issues a refugee ID card and travel documents to the person of Concern
PDF_Fr

Law No. 159/AN/16/7^thL of 5 January 2017 on the Status of refugees in the Republic of Djibouti that includes a comprehensive framework for refugees, asylum seekers, rights and obligations of refugees and asylum seekers, institutions responsible for management of refugees and asylum seekers, and enforcement provisions
Link to Law_Fr

Rights and Entitlements of Foreign Nationals

Article 10, 11, 16 of the 2010 Djibouti Constitution guarantee various human rights for all individuals in the country
Link to Constitution_Fr

Articles 14 and 11 of the 2010 Djibouti Constitution protect the right to move freely within the country, except if limited by the law
Link to Constitution_Fr

Articles 15 and 11 of the 2010 Djibouti Constitution protect the right to strike and ensures, and that it may in no case infringe on the freedom to work, guarantees the right to trade unions and associations, the freedom of expression for all citizens
Link to Constitution_Fr

Smuggling and Trafficking

Law No. 210/AN/07/5^thfights against human trafficking and prohibits all internal and transnational trafficking of persons under age 18
PDF_Fr

Law No. 133/AN/167^th L of 24 March 2016 on combating trafficking in persons and smuggling of migrants
PDF_Fr

Order No. 2011-0845/PR/MJDH of 2011 concerning Panel law, containing provisions on the training, education and work of prisoners
PDF_Fr

Statistics and Figures:

This section provides links to regularly updated sites that provide statistics on migrants and refugees in different countries around the world.

Below are links to various databases that provide statistics and figures relevant to the movement of people in and out of Djibouti:

The World Bank Database
WB-Djibouti

UNFPA Migration Indicator Database
UNFPA-Migration

UNHCR Statistics Database
UNHCR-Stats

Bibliography

This section includes a comprehensive list of sources and links to journal articles, books, webpages, etc. for each country in the database that address migration and refugee topics within the context of education, health, legal, psychosocial, political, among others. Each listed source includes a brief description of the material and a link.

Migrants:

Link to Researchers

Refugees:

Crisp, Jeff. "The Politics of Repatriation Ethiopian refugees in Djibouti, 1977-83." Review of African Political Economy 11.30 (1984): 73-82. Link to Article

Keyword: Djibouti, repatriation, Ethiopian refugees, UNHCR, voluntary repatriation

The author provides a historical account of the politics of Djibouti tracing back to independence in 1977, the refugee influx of Ethiopians to the country, initiatives on part of both the government of Djibouti and the government of Ethiopia to repatriate Ethiopian refugees, the role of UNHCR in the repatriation, and the return of refugees to Ethiopia. By examining this case of repatriation, the author challenges the notion of voluntary repatriation and poses questions and concerns in providing protection for refugees during repatriation.

UN High Commissioner for Refugees (UNHCR), History, overview, trends and issues in major Somali refugee displacements in the near region. (2014). PDF

Keyword: UNHCR, Somali refugees, Djibouti

This report provides an overview of the nature, trends and issues in Somali refugee displacement in the near region, including to Djibouti. It provides a brief overview of the history and evolution of the 20,000 Somali refugees in Djibouti and their conditions, among other African countries. While some refugees have been displaced for three generations, others have been recent arrivals.

Statelessness:

Bezabeh, Samson. “Citizenship and the logic of sovereignty in Djibouti.” African Affairs 110.441 (2011):587-606. Link to Article

Keyword: level of citizenship, decolonization, ethnic discrimination

“This article investigates the dynamics and politics of citizenship in Djibouti, where the issue of who qualifies as a citizen has long been controversial...There is also a large population who are systematically denied citizenship, and who through various practices of exclusion are reduced to ‘bare life’ and statelessness. No official statistics exist to document their numbers, and the article draws on interviews to illustrate the problems faced by Djibouti's stateless population.”

UN High Commissioner for Refugees. "Global Action Plan to End Statelessness." UN High Commissioner for Refugees (2014). Link to Article

Keyword: born, gender, protection, documentation

“To End Statelessness within 10 years, the Global Action Plan to End Statelessness: 2014-2024 establishes a guiding framework of 10 Actions to be undertaken by States with the support of UNHCR and other stakeholders to: resolve existing major situations of statelessness, prevent new cases of statelessness from emerging and better identity and protect stateless populations.”