Djibouti was formerly known as the French Territory of the Afars and the Issas. To this day, remnants of French rule are quite apparent in many established cultural areas including their legal and governmental systems as well as their monetary system. The Republic of Djibouti gained its independence on June 27, 1977. It is the successor to French Somaliland (later called the French Territory of the Afars and Issas), which was created in the first half of the 19th century as a result of French interest in the Horn of Africa. However, the history of Djibouti, recorded in poetry and songs of its nomadic peoples, goes back thousands of years to a time when Djiboutians traded hides and skins for the perfumes and spices of ancient Egypt, India, and China. Through close contacts with the Arabian peninsula for more than 1,000 years, the Somali and Afar tribes in this region became the first on the African continent to adopt Islam.

It was Rochet d'Hericourt's exploration into Shoa (1839-42) that marked the beginning of French interest in the African shores of the Red Sea. Further exploration by Henri Lambert, French Consular Agent at Aden, and Captain Fleuriot de Langle led to a treaty of friendship and assistance between France and the sultans of Raheita, Tadjoura, and Gobaad, from whom the French purchased the anchorage of Obock (1862). Growing French interest in the area took place against a backdrop of British activity in Egypt and the opening of the Suez Canal in 1869. In 1884-85, France expanded its protectorate to include the shores of the Gulf of Tadjoura and the Somaliland. Boundaries of the protectorate, marked out in 1897 by France and Emperor Menelik II of Ethiopia, were affirmed further by agreements with Ethiopian Emperor Haile Selassie I in 1945 and 1954.

Djibouti, the administrative capital, was established in 1896. It has a good natural harbor and ready access to the Ethiopian highlands, attracted trade caravans crossing East Africa as well as Somali settlers from the south.

During the Italian invasion and occupation of Ethiopia in the 1930s and during World War II, constant border skirmishes occurred between French and Italian forces. The area was ruled by the Vichy (French) government from the fall of France until December 1942. Free French and the Allied forces recaptured Djibouti at the end of 1942. A local battalion from Djibouti participated in the liberation of France in 1944.

Public demonstrations and movements toward greater self-government eventually led to the events of September 21, 1966. Louis Saget, appointed governor general of the territory after the demonstrations, announced that the people would decide whether they wanted independence. In March 1967, 60% chose to continue the territory's association with France.

In July of that year, a directive from Paris formally changed the name of the region to the French Territory of Afars and Issas.

In June 1976, the territory's citizenship law, which favored the Afar minority, was revised to reflect more closely the weight of the Issa Somali. The electorate voted for independence in a May 1977 referendum, and the Republic of Djibouti was established on June 27, 1977. Hassan Gouled Aptidon became the country’s first president.

Although. government security forces are brutal and heavy-handed, there were reports of actual and planned protest within Djibouti. However, the government limited freedom of assembly, used force to disperse demonstrations and strikes, and restricted freedom of association through the coercive and violent methods employed by their security forces and police.

Located in northeastern Africa, Djibouti is slightly smaller than the American state of Massachusetts. It is mostly desert land. Mountains separate it from a coastal plain where most of the population lives. In fact, two-thirds of the inhabitants live in the capital city, also called Djibouti, along that coastal plain. The remainder being mostly nomadic herders. The indigenous population is divided between the majority Somalis (predominantly of the Issa tribe, with minority Issak and Gadaboursi representation) and the Afars (Danakils). All are Cushitic-speaking peoples, and nearly all are Muslim. Among the 15,000 foreigners residing in Djibouti, the French are the most numerous. Among the French are 3,000 troops.

Scanty rainfall limits crop production to fruits and vegetables, and most food must be imported. They import foods, beverages, transportation equipment, chemicals and petroleum products mostly from France and Ethiopia, but also from Italy, Saudi Arabia and the UK. Djibouti provides services as both a transit port for the region and an international transshipment and refueling center. It has few natural resources and little industry. The nation is, therefore, heavily dependent on foreign assistance, est. 36 million dollars in 2001, to help support its balance of payments and to finance development projects. An unemployment rate of 50% continues to be a major problem. Inflation is not a concern, however, because of the fixed tie of the franc to the US dollar. Per capita consumption dropped an estimated 35% over the last seven years because of recession, civil war, and a high population growth rate (including immigrants and refugees). Faced with a multitude of economic difficulties, the government has fallen in arrears on long-term external debt and has been struggling to meet the stipulations of foreign aid donors. Another factor limiting growth is the negative impact on port activity now that Ethiopia has more trade route options.

Islam is the state religion and the government generally respects the individual's right to practice their religion. Proselytizing is discouraged. 94-99% of Djiboutians are Muslim, the remainder being mostly Christian.

The crime rate in Djibouti is low compared to industrialized countries. An analysis was done using INTERPOL data for Djibouti. For purpose of comparison, data were drawn for the seven offenses used to compute the United States FBI's index of crime. Index offenses include murder, forcible rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft. The combined total of these offenses constitutes the Index used for trend calculation purposes. Djibouti will be compared with Japan (country with a low crime rate) and USA (country with a high crime rate). According to the INTERPOL data, for murder, the rate in 1998 was 4.17 per 100,000 population for Djibouti, 1.10 for Japan, and 6.3 for USA. For rape, the rate in 1998 was 2.17 for Djibouti, compared with 1.48 for Japan and 34.4 for USA. For robbery, the rate in 1998 was 41.67 for Djibouti, 2.71 for Japan, and 165.2 for USA. For aggravated assault, the rate in 1998 was 124.17 for Djibouti, 15.40 for Japan, and 360.5 for USA. For burglary, the rate in 1998 was 45.00 for Djibouti, 187.93 for Japan, and 862.0 for USA. The rate of larceny for 1998 was 1.67 for Djibouti, 1198.13 for Japan, and 2728.1 for USA. The rate for motor vehicle theft in 1998 was .50 for Djibouti, compared with 28.37 for Japan and 459.0 for USA. The rate for all index offenses combined was 219.35 for Djibouti, compared with 1709.88 for Japan and 4615.5 for USA.

Between 1996 and1998, according to INTERPOL data, the rate of murder increased from 2.17 to 4.17 per 100,000 population, an increase of 92.2%. The rate for rape decreased from 7.0 to 2.17, a decrease of 69%. (Note: data not reported for rape in 1996 – 1997 data substituted) The rate of robbery increased from 3.5 to 41.67, an increase of 1090.6%. The rate for aggravated assault increased from 70.5 to 124.17, an increase of 76.1%. The rate for burglary increased from 6.33 to 45.0, an increase of 610.9%.The rate of larceny decreased from 48.5 to 1.67, a decrease of 96.5%. The rate of motor vehicle theft rate in 1998 was .5 and 0 the previously which constitutes a 0% change. The rate of total index offenses increased from 138 to 219.35, an increase of 58.9%.

The legal system is based on legislation and executive decrees, French codified law adopted at independence, Islamic law (Shari'a), and nomadic traditions. Urban crime was dealt with in the regular courts in accordance with French-inspired law and judicial practice. Civil actions may be brought in regular or traditional courts. Shari'a is restricted to civil and family matters. The Government promulgated a new law on judicial organization in 2000, which included the establishment of a National Committee for the Promotion and Protection of Human Rights and provided for the separation of the court system from the Ministry of Justice; however, the Government had not separated the court system from the Ministry of Justice by year's end.

Traditional law (Xeer) often was used in conflict resolution and victim compensation. For example, traditional law often stipulates that a blood price be paid to the victim's clan for crimes such as murder and rape.

The Qadi is the country's senior judge of Islamic law and was appointed by the Minister of Justice in June 1999. His predecessor was named Minister of State for Charitable and Religious Affairs under the Ministry of Justice--a position that was created in May 1999, when President Guelleh formed his Cabinet and declared that Islam would be a central tenet of his Government.

Islamic law based on the Koran is used only with regard to family matters and is administered by the Qadi. Civil marriage is permitted only for non-Muslim foreigners. Muslims are required to marry in a religious ceremony, and non-Muslim men may marry a Muslim woman only after converting to Islam.

The 8,000-member National Police Force (FNP) was responsible for internal security and border control and was under the control of the Ministry of Interior. The Ministry of Defense controlled the army. The Gendarmerie Nationale, a police force responsible for the President's security, was an autonomous unit under the Ministry of Defense. The President retained an elite Republican Guard, which was an independent unit of the Gendarmerie National. A small intelligence bureau reported directly to the President. Civilian authorities generally maintained effective control of the security forces, but there were instances in which the security forces acted independent of the Government's authority. Members of the security forces committed serious human rights abuses. This having been noted, it is also important to report that the Government did not take steps to prosecute human rights abusers and. official impunity was a problem.

All government forces routinely react brutally to protest. The Government limited freedom of assembly, used force to disperse demonstrations and strikes, and restricted freedom of association. Reports of police beating protestors are common. However, ultimate force is also used. On April 18, members of the Presidential guard under the command of Captain Mohamed Djama fired on demobilized military pensioners protesting in front of the Presidential palace, killing one and injuring two others

There was at least one report of the arbitrary or unlawful deprivation of life by the Government or its agents. There were credible reports that security forces beat, physically abused, and raped prisoners and detainees; however, unlike in previous years, there were no reports that security forces tortured detainees. Prison conditions remained harsh. The Government continued to detain persons arbitrarily. Prolonged detention and incommunicado detention were problems.

There were no reports of politically motivated disappearances.

The law prohibits arbitrary arrest and detention; however, the Government did not respect these prohibitions. The law stipulates that the State may not detain a person beyond 48 hours without an examining magistrate's formal charge. Detainees may be held another 24 hours with the prior approval of the public prosecutor. All persons, including those accused of political or national security offenses, must be tried within 8 months of arraignment; however, the police occasionally disregarded these procedures. Unlike in previous years, there were no reports that police used lengthy periods of detention without charge. Incommunicado detention was used. The law provides for bail and expeditious trial; however, 13 persons in detention since December 2000 for a failed coup attempt were not tried until June 16.

Conditions at Nagad detention center, where Ethiopians and Somalis were held prior to deportation, also were extremely harsh. Detainees at Nagad were held in unsanitary conditions and often were not fed for several days before their deportation

The judiciary is not independent of the executive and does not provide citizens' due process. The judiciary is not independent of the executive and does not provide citizens' due process.

The judiciary, based on the French Napoleonic code, was composed of a lower court, appeals courts, and a Supreme Court. The Supreme Court can overrule decisions of the lower courts. Magistrates are appointed for life terms. The Constitutional Council rules on the constitutionality of laws, including those related to the protection of human rights and civil liberties; however, its rulings were not respected always.

Urban crime was dealt with in the regular courts in accordance with French-inspired law and judicial practice. Civil actions may be brought in regular or traditional courts. Shari'a is restricted to civil and family matters. The Government promulgated a new law on judicial organization in 2000, which included the establishment of a National Committee for the Promotion and Protection of Human Rights and provided for the separation of the court system from the Ministry of Justice; however, the Government had not separated the court system from the Ministry of Justice by year's end.

Traditional law (Xeer) often was used in conflict resolution and victim compensation. For example, traditional law often stipulates that a blood price be paid to the victim's clan for crimes such as murder and rape.

The Constitution states that the accused is innocent until proven guilty and has the right to legal counsel and to be examined by a doctor if imprisoned. Although trials officially were public, in politically sensitive cases security measures effectively prevented public access. Legal counsel was supposed to be available to the indigent in criminal and civil matters; however, defendants often did not have legal representation. Court cases were heard in public before a presiding judge and two accompanying judges. The latter received assistance from two persons, lay assessors, who were not members of the bench, but who were considered to possess sufficient legal sophistication to comprehend court proceedings. The Government chose lay assessors from the public at large, but credible reports indicated that political and ethnic affiliations played a role in the selection.

As of year 2001, prison conditions were harsh, and overcrowding was severe. Gabode prison, built for 350 persons, at times housed nearly twice that number. The Government sometimes shortened prison terms to reduce overcrowding. The Ministry of Justice noted that many of the prisoners were illegal Ethiopian immigrants who have committed crimes in the country, but that the majority of the more than 400 prisoners in Gabode prison at year's end were citizens. Prisoners reportedly must pay authorities to obtain food or to receive food brought by family members. Several prisoners were reported to be suffering from untreated illnesses or gunshot wounds received during arrest. Medical care was inadequate, and the prison infirmary lacked sufficient medication and medical staff. There were no educational or rehabilitation facilities within the prison. The lack of funding hampered the ability of Ministry of Justice officials to improve conditions or provide even minimal services.

Women and men were detained in separate cells. Reports persisted that prison guards raped female inmates. Children of female inmates under the age of 5 sometimes were allowed to stay with their mothers; authorities said that milk was provided for the children. In principle juveniles were housed separately from adult prisoners; however, in practice this was not always the case. Pretrial detainees usually were not held separately from convicted prisoners due to the lack of facilities.

Domestic violence against women exists but reported cases are few. Violence against women normally is dealt with within the family or clan structure rather than in the courts. The police rarely intervene in domestic violence incidents, and the media report only the most extreme examples, such as murder. The Government remained concerned about the problem of rape, and the law includes sentences of up to 20 years' imprisonment for rapists. The number of such cases prosecuted during the year was unknown.

Unlike in previous years, there were no reports that soldiers raped Afar women during the year.

It is believed that as many as 98 percent of females more than 7 years of age have undergone FGM, female genital mutilation, which is condemned widely by international health experts as damaging to both physical and psychological health. FGM traditionally is performed on girls between the ages of 7 and 10. In 1988 the Union of Djiboutian Women (UNFD) began an educational campaign against infibulation, the most extensive and dangerous form of FGM. The campaign has had only a limited impact on the prevalence of this custom, particularly in rural areas, where it is pervasive. After the 1995 U.N. Women's Conference in Cairo, Egypt, the UNFD declared that all forms of mutilation should be forbidden. The law states that "violence causing genital mutilation" is punishable by 5 years' imprisonment and a fine of more than $5,650 (1 million DF). However, the Government has not yet convicted anyone under this statute. The efforts of the UNFD and other groups appeared to be having some effect, at least in the capital city. In 1997 some health workers reported a precipitous drop in the number of hospitalizations related to FGM in Djibouti City. Many believe that the incidence of infibulation has decreased, although no systematic data were available on the problem. U.N. and other experts believe that lesser forms of FGM still were practiced widely and that infibulation still was common in rural areas.

Women legally possess full civil rights, but custom and traditional societal discrimination in education dictate that they play a secondary role in public life and have fewer employment opportunities than men. Almost 37% of women are literate compared to 60% of the males. Few women work in managerial and professional positions; women largely are confined to trade and secretarial fields. Customary law, which is based on Shari'a (Islamic law), discriminates against women in such areas as inheritance, divorce, and travel. Male children inherit larger percentages of an estate than do female children. The few women who are educated increasingly turn to the regular courts to defend their interests.

The Government devotes almost no public funds to the advancement of children's rights and welfare. A few charitable organizations work with children. Primary education is compulsory; however, the Government does not monitor compliance. The Government provides public education for free; however, there are extra expenses that may be prohibitive to poorer families, such as transportation, book fees, and chalk. Many schools are in poor condition and need upgrading. The number of classrooms for secondary students is inadequate, and only approximately 20 percent of children who start secondary school complete their education. More than 53 percent of the population is illiterate: Only 32 percent of girls are literate compared with 60 percent of boys. Only 62 percent of girls attend primary school compared with 73 percent of boys, and only 23 percent of girls attend secondary school compared with 33 percent of boys. Girls made up only 36 percent of all secondary students. In 1999 the Government reaffirmed its 1998 commitment to increase the number of female students in the educational system to 50 percent; however, there was no change in the number of female students or the literacy rate by year's end.

Child abuse exists; however, except for FGM, it is not thought to be common. FGM, female genital mutilation, is performed on as many as 98 percent of young girls.

The Government has not addressed child abuse, which often is punished lightly; for example, when a child is raped or abused, the perpetrator usually is fined an amount sufficient to cover the child's medical care. The Government has not used applicable existing provisions of the Penal Code to deal with child abuse more severely.

Child labor exists.

Internet research assisted by: Eileen C. Seammen