Djibouti Essay Research Paper Despite 1992 constitutional

The Constitution provides for four political parties. Nonpolitical associations must register with the Ministry of Interior in accordance with a preindependence law. 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. 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 Constitution allows freedom of movement. This right may be limited only by law. In general citizens may travel or emigrate without restriction or interference. However, some Afar leaders have had their passports revoked or denied, and Muslim women planning to travel to certain Gulf countries may be prohibited from doing so unless accompanied by a spouse or an adult male. Djibouti hosts almost 75,000 refugees and illegal immigrants, according to government sources. The U.N. High Commissioner for Refugees (UNHCR) acknowledges only the presence of some 21,000 refugees, largely from Somalia, resident in three main refugee camps. There are also 1,500 Ethiopian urban refugees registered with the UNHCR. Between 1994 and 1996, the UNHCR, in cooperation with the Government, organized repatriation to Ethiopia for 31,000 refugees and migrants from the city of Djibouti. An estimated 10,000 to 18,000 Afars displaced by the civil war continue to live in Ethiopia, although not in refugee camps. The Government states that the Afars are welcome to return. However, Afar refugees perceive the northern region as unsafe. In addition, many of the Afars’ homes and lands are occupied by Djiboutian soldiers and their families. Section 3 Respect for Political Rights: The Right of Citizens to Change their Government Although the Constitution provides for the right of citizens to change their government, in practice citizens have not yet been allowed to exercise fully 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 1994, which set the stage for the inclusion of FRUD members in senior government posts. In June 1995, the Government named to a newly reshuffled Cabinet two FRUD faction leaders who signed the peace accord. No Afars have been named to the Cabinet since that time. The FRUD was registered as a political party this year but has not held a party congress. The Government recognizes only one of two FRUD factions. The two leaders who signed the peace accord are members of the recognized faction; the unrecognized faction includes members who refused to accept the terms of the accord. 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, and one is a director in the Ministry of Foreign Affairs. 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 1993 the Government imprisoned Mohamed Houmed Souleh, the leader of the Association for the Defense of Human Rights and Liberties (ADDHL), after he criticized military abuses in the civil conflict. He was arrested and released several times thereafter. In 1996 Souleh and the ADDHL stopped publicly criticizing the Government, which continued to deny the ADDHL recognition. No other known human rights groups exist, and, except for the ICRC, no international human rights groups are known to have visited the country during the year (see Section 1.c.). Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status While the Constitution prohibits discrimination on the basis of language, race, sex or religion, discrimination against women and ethnic minorities is widespread. In particular, the enforcement of laws to protect women and children is weak. Women Violence against women exists but reported cases are few. The Government has been concerned about the problem of rape and included in the 1994 Penal Code, which entered into force in April 1995, stiff sentences for rapists, ranging up to 20 years in prison. However, there have as yet been no cases tried under the code. When violence against women occurs, 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 report only the most extreme cases, such as murder. Women legally possess full civil rights, but in practice, due to traditional societal discrimination in education and custom, they play a secondary role in public life and do not have the same employment opportunities as men. There are only a few women in the professions, and women are largely confined to wage employment in small trade, clerical, and secretarial fields. Customary law discriminates against women in such areas as inheritance, divorce, property ownership, and travel (see Section 2.d.). As the French-inspired legal code does not sanction such discrimination, educated women increasingly seek to defend their interests through the regular courts. Children The Government devotes virtually no public resources to the advancement of children’s rights and welfare. A few charitable organizations work with children. According to an independent expert, as many as 98 percent of females 7 years or older have undergone female genital mutilation (FGM), which is widely condemned by international health experts as damaging to both physical and psychological health. 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 practiced on women and girls. The campaign has had only marginal impact on the prevalence of this custom, which is pervasive in rural areas. Judicial reforms enacted in 1991 stipulate that anyone found guilty of genital mutilation of young girls may face a heavy fine and 5 years in prison. However, the Government has not convicted anyone under this statute or under the provisions of the Penal Code, which specifically prohibits FGM. 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 for the injured child. The Government has yet to use provisions of the Penal Code to deal with domestic violence and child abuse more severely. 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 that prevent job discrimination against disabled people. The disabled have difficulty finding employment in an economy where approximately 60 percent of the able-bodied male adult population is underemployed or jobless. National/Racial/Ethnic Minorities The Government continued to discriminate against citizens on the basis of ethnicity in terms of employment and job advancement. The Issa, the dominant Somali clan, control the ruling party, the civil and security services, and the military services. The President’s subclan, the Mamassan, wields disproportionate power in affairs of state. Section 6 Worker Rights a. The Right of Association Under the Constitution, workers are free to join unions and to strike provided that 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 maintains close ties to the RPP. However, the Democratic Labor Union (UDT) has gained increasing union support despite government harassment. 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. All strikes during the year were legal. In January secondary school teachers struck unsuccessfully over nonpayment of salaries and for better benefits. School teachers also struck unsuccessfully in April, May, June, and September over nonpayment of salaries and working conditions. Although the Labor Law prohibits employer retribution against strikers, the Government on one occasion arbitrarily arrested several hundred striking workers, including labor leaders. The Government also suspended, fired, or transferred scores of teachers active in the union to less desirable assignments in rural areas. The Government replied to the International Labor Organization (ILO) concerning a complaint lodged by the International Confederation of Free Trade Unions (ICFTU) both in 1995 and in 1996. The Government stated that the unions were unwilling to negotiate and requested that the ILO furnish a consultant who could train trade unionists, draft a labor code, and review social legislation. The Government did not respond to the ICFTU’s specific allegations. The ICFTU alleges that members of the Inter-Trade Union Association of Labor/General Union of Djibouti workers (UDT/UGTD) who struck on September 6, 1995, faced arbitrary arrest, threats, dismissals, or suspensions by the Government. Union headquarters were closed and sealed at that time. The workers were protesting the Government’s refusal to enter into a dialogue with the trade unions over proposed legislation that would have had an adverse impact on their living standards. The ICFTU also lodged a complaint regarding the arrests of school teachers who struck in January. The Government said that it supports trade unions but added that police intervention was necessary to prevent social upheaval. In May security forces again seized the UGTD/UDT headquarters and froze their bank accounts. Unions are free to maintain relations and exchanges with labor organizations abroad. The UDT has been a member of the ICFTU since 1994. b. The Right to Organize and Bargain Collectively Although labor has the legal 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 resolution by labor representatives and employers. Workers or employers may request formal administrative hearings before the Ministry of Labor’s Inspection Service. The Service has been charged by critics with poor enforcement, due to its low priority and inadequate funding. The newly appointed Chief Labor Inspector promised in September to address these problems. The law prohibits antiunion discrimination, and employers guilty of such discrimination are legally required to reinstate workers fired for union activities. The Ministry generally enforces the law. In February the directors of the government-owned electric utility and telephone companies prohibited employees from attending a seminar on the role of unions in economic development sponsored by the UGTD, UDT, and the Conference Arabe pour les Accidents du Travail. An export processing zone (EPZ) was established in December 1994. Firms in the EPZ are exempt from the Government’s social security and medical insurance programs. Instead, they must provide either government or private accident insurance. The minimum wage in the EPZ is approximately $1 per hour. The regular workweek is 40 hours, while in the EPZ it is 45 hours. An employee having worked for the same firm in the EPZ for at least 1 year has the right to 15 days of annual leave compared to 30 days in the rest of the country (see also Section 6.e.). c. Prohibition of Forced or Compulsory Labor The law prohibits forced or compulsory labor, and while this is generally observed, security forces reportedly sometimes compel illegal immigrants to work for them to avoid deportation. d. Minimum Age for Employment of Children The minimum age for the employment of children is 14 years, and the law is generally respected. However, the shortage of labor inspectors reduces the likelihood of investigations being 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 administratively sets minimum wage rates according to occupational categories, and the Ministry of Labor is charged with enforcement. The monthly wage rate for unskilled labor, set in 1976, is approximately $90 (15,000 Djiboutian francs). However, some employers ask their employees to work up to 12 hours per day and pay them an additional wage. Some workers also receive housing and transportation allowances. Most employers pay more than the minimum wage, recognizing that it does not provide adequate compensation for a worker and family to maintain a decent standard of living. By law the work week is 40 hours, often spread over 6 days. Workers are guaranteed daily and weekly rest periods and paid annual leave. 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.