Experts of the Committee on the Elimination of Discrimination against Women Commend Djibouti on Legislative and Judicial Reforms, Ask about the Impact of Military Bases on Women and about Female Genital Mutilation
The Committee on the Elimination of Discrimination against Women today considered the combined fourth and fifth periodic report of Djibouti, with Committee Experts commending the State for extensive legislative and judicial reforms, and asking about the impact of military bases on women, and about female genital mutilation.
Esther Eghobamien-Mshelia, Committee Vice Chairperson and Country Rapporteur for Djibouti, commended Djibouti for efforts to address gaps and barriers to fulfilling its Convention obligations, evident in achievements made since the last report. The political gains and extensive legislative and judicial reforms were applaudable. However, the full guarantee of rights protection for women and girls in Djibouti remained weak.
Ms. Eghobamien-Mshelia said sources claimed that the existence of military bases in Djibouti was directly linked to socio-economic challenges and rights violations faced by women and girls in the country. Had any environmental and social impact assessment been commissioned on the potential impact of hosting military bases or the testing of armed drones and remote warfare equipment? What were the key findings of the assessment and how regularly were they reviewed? Was any resettlement action plan developed in consultation with stakeholders and were women’s groups engaged around military rent renewal? Furthermore, military operations had reportedly turned Djibouti into a hotspot for trafficking, migration, sexual exploitation, and early and forced marriage, which called for urgent action.
Another Committee Expert asked what measures the State had adopted to raise awareness about, and eliminate gender stereotypes and harmful practices, including child marriage and polygamy, particularly in rural and remote areas? Regarding the national strategy of 2017 to 2021 to combat female genital mutilation, what had been the assessment regarding those measures? What measures were in place to ensure the effective implementation of article 333 of the Criminal Code on offences related to female genital mutilation?
The delegation said the military bases were a key function of support for Djibouti for all their efforts towards peace and security. The military bases worked closely with the Government on the resolution for women, peace and security, and financed the women peace and security agenda. Djibouti viewed the military bases as wholly positive, and they were seen as playing an integral role in the country and as a partner of the State. The State worked closely with the bases on security and social needs, including on women’s rights. The bases made a major contribution to livelihood, employment and medical insurance.
Djibouti planned to conduct a survey later this year in the same vein as the survey from 2019, to ascertain the prevalence of female genital mutilation in the country, the delegation said. There was a specific standalone strategy on female genital mutilation which would be a cross-cutting strategy across many ministries, including with the Ministry of Health. There was significant resistance in the rural regions, where access to services was reduced. Female genital mutilation was a problem which needed to be dealt with. However, it was less widespread than it had been previously, and there was a downward trend. The legal texts were well drafted and implemented and there were channels for redress.
Mona Osman Aden, Minister for Women and Family Affairs of Djibouti and head of the delegation, in opening remarks underscored Djibouti’s commitment to the principles of the Convention. Due to the close relationship between training and the empowerment of girls and women, an assessment of the needs of vocational training and entrepreneurship was carried out and three types of training were introduced: vocational training in salaried employment; training in entrepreneurship; and a training programme for women trainers in entrepreneurship conducted by the Ministry of Women and Family.
Women now had greater access to political and administrative responsibilities, Ms. Aden added. In 2021, six out of 24 Ministers were women. There were seven women parliamentarians in 2013 and 17 in 2018; and seven out of 10 members of the Supreme Court were women. A gender caucus had been established in the National Assembly with the participation of women deputies. Ms. Aden reaffirmed Djibouti’s resolve to work closely with the Committee to promote gender equality, eliminate discrimination against women, and build a future where all people could reach their full potential.
In concluding remarks, Ms. Aden thanked the Committee for the opportunity to present the progress made by the State, and for their comments and proposals. The delegation would leave the dialogue enriched, and would endeavour to work with the Committee to ensure women’s rights were increased and that women could become a true lifeforce for the country.
Genoveva Tisheva, Committee Vice Chair, thanked the delegation for the constructive dialogue with the Committee which helped them to better understand the situation of women and girls in Djibouti.
The delegation of Djibouti was comprised of representatives from the Ministry of Women and the Family; the Ministry of Justice; the Gender Observatory; the Director for Legislation and Reforms; the Legal Advisor to the President; and the Permanent Mission of Djibouti to the United Nations Office at Geneva.
The Committee on the Elimination of Discrimination against Women’s eighty-seventh session is being held from 29 January to 16 February. All documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 10 a.m. on Friday, 9 February to consider the sixth periodic report of the Central African Republic (CEDAW/C/CAF/6).
Report
The Committee had before it the combined fourth and fifth periodic report of Djibouti (CEDAW/C/DJI/4-5).
Presentation of Report
MONA OSMAN ADEN, Minister for Women and Family Affairs of Djibouti and head of the delegation, underscored Djibouti’s commitment to the principles of the Convention. Djibouti’s geographical location, socio-political stability and socio-cultural proximity to neighbouring countries had made it a transit point for migrants and refugees. Suffering from the fallout of regional conflicts and other tensions in neighbouring States, Djibouti was working in collaboration with international organizations to address these challenges, while respecting the rights of migrants and refugees who weighed down the development of a population that barely reached one million. In 2023, Djibouti hosted more than 31,000 refugees and asylum seekers, representing about 2.8 per cent of the country's population; half of these people were children and women, mainly from Eritrea, Ethiopia, Somalia and, more recently, Yemen.
Enrolment rates at all levels had increased in Djibouti over the past two decades, achieving parity, particularly at the primary and lower secondary levels. A national literacy programme for girls who had dropped out of school and illiterate women was implemented to help girls and women integrate into the labour market. This programme also included specific sessions focusing on family planning, reproductive health, human rights and women's empowerment. The State believed it was essential to empower girls and improve access to life skills training and reproductive health education in order to delay marriage and childbirth.
Due to the close relationship between training and the empowerment of girls and women, an assessment of the needs of vocational training and entrepreneurship was carried out and three types of training were introduced: vocational training in salaried employment; training in entrepreneurship; and a training programme for women trainers in entrepreneurship conducted by the Ministry of Women and Family. There were many reasons for the focus on women's entrepreneurship, including that the ratio of female employment to the total population remained at 15.6 per cent, despite a labour force participation rate of 30 per cent.
The strategic orientations of the new National Gender Policy 2023-2030 aimed to qualitatively transform gender relations in the society in Djibouti; ensure women's empowerment; fight vulnerabilities and strengthen resilience by developing the capacities and skills of communities in the face of the challenges of climate change; promote women's voices; address gender-based violence; and establish mechanisms for mainstreaming gender equality into public governance, at central and local levels. Women now had greater access to political and administrative responsibilities. In 2021, six out of 24 Ministers were women. There were seven women parliamentarians in 2013 and 17 in 2018; and seven out of 10 members of the Supreme Court were women. A gender caucus had been established in the National Assembly with the participation of women deputies.
The political will and commitment of the State to eradicate female genital mutilation was highlighted at the Regional Conference on Female Genital Mutilation, held in February 2005. The Conference recognised the catalytic role of the National Union of Djiboutian Women against this phenomenon, and resulted in a common consensus among all religious leaders in the subregion that there was a lack of a religious basis for these harmful traditional practices.
Female genital mutilation had been criminalised in Djibouti since 1995. However, strong religious and cultural resistance remained, meaning changes in behaviour would take a long time. Around 1.8 per cent of women aged 20 to 24 were married or in a couple before the age of 15, and 5.4 per cent were married before the age of 18. In addition, 70 per cent of girls and women aged 15-49 had undergone female genital mutilation, and a proportion of 7.2 per cent of non-single women had suffered at least one act of physical violence at the hands of their last husband or partner.
In February 2020, a law on the protection, prevention and care of women and children who were victims of violence was promulgated. The pooling of institutional assets enabled Djibouti to be one of the few countries to have a gender-based violence information management system, a global software created to harmonise the collection and use of data on gender-based violence. Furthermore, a one-stop shop for the response to gender-based violence and female genital mutilation had recently been established at the hospital in the working-class suburb of Balbala. Ms. Aden reaffirmed Djibouti’s resolve to work closely with the Committee to promote gender equality, eliminate discrimination against women, and build a future where all people could reach their full potential.
Questions by Committee Experts
ESTHER EGHOBAMIEN-MSHELIA, Committee Vice Chairperson and Country Rapporteur for Djibouti, said the Committee commended the State party for efforts to address gaps and barriers to fulfilling its Convention obligations, evident in achievements made since the last report. The political gains and extensive legislative and judicial reforms were applaudable. However, the full guarantee of rights protection for women and girls in Djibouti remained weak. The Family Code, the Land Compensation Act, labour laws, migration and asylum policies were examples of weak frameworks. Diverse women, especially the poor, vulnerable, displaced and those with disabilities, often lacked social protection.
Sources claimed that the existence of military bases in Djibouti was directly linked to socio-economic challenges and rights violations faced by women and girls in the country. Had any environmental and social impact assessment been commissioned on the potential impact of hosting military bases or the testing of armed drones and remote warfare equipment? What were the key findings of the assessment and how regularly were they reviewed? Was any resettlement action plan developed in consultation with stakeholders and were women’s groups engaged around military rent renewal? What percent of military base revenue was allocated to the management of rights’ violations and tech capabilities to equip women and girls for the new digital economy and future jobs? Furthermore, military operations had reportedly turned Djibouti into a hotspot for trafficking, migration, sexual exploitation, and early and forced marriage, which called for urgent action.
Another Expert said the Committee congratulated that the State party had adopted laws and policies aimed at ensuring the rights of women. What were the plans to encompass all forms of discrimination against women within the law, including direct and indirect discrimination? What mechanisms were in place to enforce the principles of the Convention? What measures had been taken to eliminate discrimination against women by private enterprises and other non-State actors?
The Committee was concerned about discriminatory practices in the Family Code and other laws. What steps had been taken to harmonise customary laws with the Convention? How did the State party strengthen the implementation of legislation? In how many cases had the Convention been invoked during court proceedings? How were judges trained on the Convention? What steps had been taken to translate the Convention into other languages, to make it more accessible? Were there any ongoing discussions on the ratification of the Optional Protocol of the Convention establishing a complaint and enquiry mechanism?
Responses by the Delegation
The delegation said once programmes had been drawn up and adopted, grassroots awareness raising campaigns were carried out, with the aim of changing attitudes. The Family Code needed to be changed to ensure it was in line with the needs of the day. The military bases were a key function of support for Djibouti for all their efforts towards peace and security. The military bases worked closely with the Government on the resolution for women, peace and security, and financed the women peace and security agenda. Djibouti viewed the military bases as wholly positive, and they were seen as playing an integral role in the country and as a partner of the State. The State worked closely with the bases on security and social needs, including on women’s rights. The bases made a major contribution to livelihood, employment and medical insurance.
The law in Djibouti allowed each person to choose how a case should be heard. Djibouti was a Muslim country and Sharia and the Civil Code were both options for people in court proceedings. Since 2002, there had been no Sharia law, but a modern updated text, inspired by Tunisian legislation. Work was currently underway to review the Personal Status Code, including the provisions which were discriminatory against women. The work had been ongoing for several months, and it was hoped a draft text would be completed this year.
A traditional complaints structure was in place, including through the Attorney General’s Office. The Constitution allowed international conventions to prevail over national texts. Anyone could invoke international instruments in courts; however, they did not choose to do so. Some lawyers did invoke the provisions of conventions in courts, but it was usually for major cases. Perhaps training of judicial officials would be advisable.
The Constitution emphasised that no one in society could be sidelined. All people in Djibouti were entitled to property or ownership. There was no discrimination against women in Djibouti. When they had the means, women in Djibouti purchased property. Women were seen as partners in the development of the country. The Government aimed to always respect the environment.
There were 100,000 people in Djibouti, the capital, and then there were nomads scattered throughout the country who travelled depending on the weather. Each treaty ratified with a military base committed to protecting the environment and the nomadic groups. The Government aimed to ensure current provisions were harmonised with international obligations. Work had been carried out to raise awareness in society of all recommendations from international bodies. Regarding the Universal Periodic Review, work would be carried out with civil society to understand what needed to be done in terms of implementation.
Questions by Committee Experts
ESTHER EGHOBAMIEN-MSHELIA, Vice Chairperson and Country Rapporteur for Djibouti, asked about the capacity of the national gender machinery to deliver results? Could information be provided on whether an impact assessment had been conducted to evaluate the effectiveness and sustainability of results of the gender policy which ended in 2021? Were there any statistics on the number of gender-based violence cases handled by the machinery? Were the teams sufficiently trained to ensure compliance with legal and policy provisions, to better fulfil Convention obligations?
Another Committee Expert said Djibouti was lagging behind when it came to digital transformation. There was a need to speed-up progress. Given that there were many disabled female internally displaced persons, they should be reflected in the country’s women, peace and security plan. The Committee looked to Djibouti to ensure that women played their role in the peace process. Would the State consider creating a special mechanism to enforce concluding observations, to cover all the priorities which had been identified. The State was very active where the Sustainable Development Goals were concerned; it would be advisable to cross match systems to ensure the rights of women’s empowerment were merged with the country’s Sustainable Development Goals’ endeavours. Women needed to be trained to overcome challenges. Djibouti needed to guarantee female political representation, including in rural areas. Temporary special measures enabled this process to be sped-up.
Responses by the Delegation
The delegation said every strategic plan developed within the country needed to embody a gender marker. Data was disaggregated by sex, age, region and zone. The 2023 Census would be completed shortly, and a key point of the Census had been to ensure disaggregated data on women. The more headway in drafting legal text, the greater was the buy-in of the people. More needed to be done for rural women, including a greater provision of services. This was a priority for the State, including a greater training of people who worked in this area. Climate resilience for women needed to be a focus and plans were underway for certain sectors in this regard. The State was working hard and believed progress was being made. The political will to move forward and do better was there.
Decisions at the political level were not taken in the absence of women. It was important to improve coordination when it came to the reception of aid. Media tools were available in Djibouti in four local languages. Awareness-raising programmes and sessions were also provided in these local languages. The previous gender policy was aligned with the Sustainable Development Goals, as was the new policy. The Gender Observatory sought to bring about social and cultural change and was also involved in research and studies. It was also responsible for gender-sensitive data collection, which was published twice monthly. Twenty-six per cent of parliamentary seats were currently held by women, compared to 13 per cent previously. Women’s representation at the regional level was 29 per cent. A strategy had been set up to combat female genital mutilation, including a study. A gender-based monitoring system had been rolled out to harmonise monitoring and alignment of gender-based violence data, which mapped the evolution of this issue in real time.
Questions by Committee Experts
A Committee Expert said gender stereotyping created the environment for several harmful cultural norms, practices, traditions and discrimination against women and girls, resulting in the most severe forms of gender-based violence. What measures had the State adopted to raise awareness about, and eliminate, gender stereotypes and harmful practices, including child marriage and polygamy, particularly in rural and remote areas? What measures were in place to provide redress to girls who had experienced female genital mutilation and to those who had entered into child or forced marriage? What was being done to combat this at the grassroot level?
The findings from the 2019 national survey focusing on female genital mutilation indicated a decline in the prevalence among younger demographics. However, the data still showed that a substantial number of young girls remained affected by this harmful practice. Regarding the national strategy of 2017 to 2021 to combat female genital mutilation, what had been the assessment regarding those measures? What challenges had been identified and what were the corresponding remedies to those challenges? Female genital mutilation was criminalised by the Penal Code with a sentence of five years’ imprisonment, a fine of DJF 1 million, and penalties for those who failed to report the practice. What measures were in place to ensure the effective implementation of article 333 of the Criminal Code on offences related to female genital mutilation? What was the number of prosecutions and convictions, and what penalties were imposed on the perpetrators?
What was the legal process for a woman to obtain a protection order from a court? What measures were in place to prohibit mediation of domestic violence cases outside of a court and to assist a woman to access the court? Would the State party consider enacting a specific offence of marital rape? Would it carry out the kind of public education and awareness raising that would be required so that the taboo was lifted?
A Committee Expert asked about the collaborative measures with governments maintaining military bases in Djibouti to combat trafficking and exploitation? What mechanisms were in place to guarantee investigations into private military companies regarding trafficking? What was being done to support trafficking survivors? How were they ensured gender-sensitive access to justice, including reparations? What was the number of prosecutions and convictions since 2017? What were the main objectives of the new national action plan on trafficking? How would collaboration with civil society be improved? What was being done to reduce the susceptibility of refugee and migrant women to trafficking?
Responses by the Delegation
The delegation said Djibouti planned to conduct a survey later this year in the same vein as the survey from 2019, to ascertain the prevalence of female genital mutilation in the country. There was a specific standalone strategy on female genital mutilation which would be a cross-cutting strategy across many ministries, including with the Ministry of Health. There was significant resistance in the rural regions, where access to services was reduced. Female genital mutilation was a problem which needed to be dealt with; however, it was less widespread than it had been previously, and there was a downward trend. The legal texts were well drafted and implemented and there were channels for redress. The State had engaged in awareness-raising activities and people understood the need to report female genital mutilation if they saw it.
Supplementations had been added to the Family Code, including for the marriage of a minor. A new provision aimed to protect young girls from female genital mutilation. Civil society played a critical role in the fight against this scourge. A helpline for victims of this practice was run by the National Union of Women of Djibouti, and similar helplines were being set up throughout the country. Prosecutions were not enough to combat the scourge of female genital mutilation. Culture weighed heavily on what happened; often parents themselves orchestrated the act. It was difficult for this crime to be tracked down by authorities, as these acts occurred within the family circle. There was a feeling that prosecutions of female genital mutilations were too harsh; the State was considering easing the punishments to encourage more people to report this practice.
Two months ago, a joint investigation had been organised between Djibouti and Ethiopia to strengthen cooperation and combat illegal migration and trafficking. Trafficking in persons was one of the worst crimes affecting Djibouti currently. In 2007, a law designed to suppress trafficking in persons and migrants was promulgated. This law was revised in 2016 to be in line with the Palermo Protocol, which increased the penalties for instigators of trafficking. Training had been provided to judicial officials on this issue. Over 40 border guards were trained in 2022 on how to detect cases of trafficking and to identify victims. A body had been created to provide support to the Government on the issue of trafficking in persons, including providing data and carrying out advocacy.
Djibouti planned to build centres to assist women victims of violence. The centres would offer legal support as well as lodging. They would serve as temporary emergency shelters for women and their children. The Criminal Code had a chapter on violence against persons, which was punishable under the Code. However, conjugal violence had not been criminalised. A protocol had been created to provide care to victims, enabling them to press charges. The Convention was one of the main instruments used to raise awareness about women.
Each year, Djibouti organised 16 days of activism to combat violence against women and girls, where awareness raising activities were carried out. During the 16 days, many activities were organised, including for civil society and for public officials, particularly on how to support and question victims. Seminars were held which brought together religious leaders from Djibouti and neighbouring countries.
Due to cultural stereotypes, the practices of female genital mutilation and child marriage persisted. It was important to involve the fathers in this fight; typically, mothers and grandmothers organised female genital mutilation. The State also found there was a need to involve religious leaders from Djibouti and neighbouring countries. Djibouti had adopted a declaration on zero tolerance of female genital mutilation, which was a national and regional commitment. A consultation framework had been organised for political leaders to encourage them to work together to combat female genital mutilation. Significant training was organised for midwives and nurses to help them be more competent in referring cases of female genital mutilation which came to their attention. Since work had been carried out to involve fathers, rates of female genital mutilation had come down.
Migration was a key issue in Djibouti and acted as a drain on the economy. A reception centre had been established for street children who were often migrants, or the children of migrants, who were seeking voluntary return. Politically speaking, Djibouti was committed to addressing issues and promoting support for safe migration.
Questions by Committee Experts
A Committee Expert said due to the 2018 law setting a minimum quota of 25 per cent for women in elected legislative positions, women represented 26 per cent of seats in Parliament between 2012 and 2019, compared to 15 per cent from 2006 to 2011. How did the Government plan to ensure sustained progress beyond setting quotas, to better address underlying barriers that hindered women's participation in public and political life? What was the percentage of women in leadership positions in political parties, trade unions, and other associations? Did women with disabilities have adequate opportunities to participate in community projects? What incentives or sanctions existed to encourage women’s participation and representation in political leadership in the public and private sectors, including on corporate boards? Women’s participation in diplomatic positions reportedly remained challenging. What factors contributed to this limited representation of women and how were they being addressed?
Another Expert said a high level of statelessness was reported among vulnerable groups of women. What were the findings of the birth registration study of 2017? Could a mother still transfer her nationality to her child, regardless of the nationality of the father? What stigma was experienced by mothers and children of mixed parental nationality, and how was this being addressed? What options were available to victims of trafficking to secure identification documents?
Responses by the Delegation
The delegation said the quotas stipulated at least 25 per cent representation of women; anything less was unacceptable. The State focused on encouraging women to come forward and stand for office. One of the key agendas was to increase women’s leadership in the national assembly. When a man and a woman stood for the same post, they would each have the opportunity to apply for that post, and there would be no discrimination in salary or other terms. There was a need to have a grassroots, holistic approach to improve things across the board, in order to have more women in male dominated roles. Women and girls were being provided with training to encourage them to break into more male dominated sectors, including the logistics sector.
In Djibouti, either parent could transfer nationality. In such instances with a foreign father, a mother could legally transfer her nationality. However, this did not happen as often as it should. There was work to be done when it came to ensuring access to nationality. Seventy-five per cent of births took place in hospitals and medical facilities with an obligatory birth registration. Each child received a birth certificate, and there was a month period from the birth of the child to have this birth recorded. There had been changes in Djibouti’s Nationality Code. In 1981, an initial text was promulgated which conferred citizenship to all nationals of French overseas territories, who could have nationality without distinction. The Nationality Code was reviewed in 2004, to allow mothers to transmit nationality to their children.
Responses by the Delegation
The delegation said cultural practices were often enforced under religious guises which were wrong. It was through dialogue and education that mindsets would shift. Eighteen years was the minimum age for marriage. However, under certain conditions, minors could appear before a judge and request to marry, and the judge could grant the wish if the minor was known to be mature, or was emancipated. These issues would be considered during the revision of the Family Code. The nationality of a child was that of one of the two parents. If one parent had the nationality of Djibouti, then the child would have that nationality.
Questions by a Committee Expert
A Committee Expert commended the State highly for the masterplan on education, and the early childhood education plan. There was work to be done on rural and urban disparities. How many sanitary facilities were being built in schools, with female sanitary products available, to encourage girls to stay in school? What were the State’s plans to increase the number of school canteens? Why were girls leaving school for early marriage? The enforcement of compulsory education should be one of the measures to combat child marriage. Comprehensive sexuality education also ensured that girls did not fall victim to child marriage. Stigma against pregnant girls should be addressed.
Responses by the Delegation
The delegation said Djibouti was getting ready to prepare a plan where the Ministry of Women and Family Affairs would be tasked to come up with activities for early childhood. The presence of nurseries and kindergartens had been strengthened to allow mothers to work and flourish. An innovative, integrated programme had been created to build schools in rural areas, and create a whole life around the school, thus allowing the people living around the school to have access to livelihood and agriculture opportunities. Because of poverty and traditional mindsets, families typically took girls out of school while choosing to keep boys in school. Programmes were being developed to provide training to girls and enable them to re-enter the school system. When girls were married early, it was usually a forced marriage. The programme which forced girls to stay in school until 16 had been a flagship and had had positive impacts on the level of early marriage.
Questions by a Committee Expert
A Committee Expert congratulated the State party for all its efforts to improve women’s access to the labour market, as well as the recent extension of maternity leave from 14 to 26 weeks. Was disaggregated data available on women’s unemployment? What had been done to remedy the high level of women in the informal sector? Did the State party intend to remove all restrictions to the right of women to freely choose their profession? Migrants, especially children, were particularly vulnerable to forced labour. How would the State improve the working conditions of female migrant workers, including domestic workers? How did the State party ensure that women were aware of their labour rights? What was being done to ensure labour inspectorates were being carried out in all regions of the country?
Responses by the Delegation
The delegation said 60 per cent of jobs in the informal sector were occupied by women. Women were encouraged to take steps to have their jobs recognised. A strategic plan was underway with the Ministry of Commerce to render more of the informal sector formal. The Labour Inspectorate particularly monitored businesses that were known to illegally employ staff. Migrant workers were often found in day labour in the construction industry. The Labour Inspectorate regularly monitored construction companies and had regularly prosecuted businesses for their illegal employment of migrants.
Djibouti was currently commissioning a study to assess to what extent the law extending maternity payments to six months had had an impact on the employment rate of women. There had been some feedback from private companies that this was viewed quite negatively. This would be a five-year study which would help inform the development of the policy. There were units to assist women lodging formal complaints about sexual harassment in the workplace. It was not up to the State to choose the fields in which women worked. It was true that female migrant workers had to work in difficult circumstances and were vulnerable. Many migrant workers in the domestic sector came from Ethiopia. The Government was seeking to formalise the domestic sector. There were also many Yemeni migrant workers who came to Djibouti due to the conflict, and who were formally permitted by the Government to seek work.
Questions by a Committee Expert
A Committee Expert said the maternal mortality rate in Djibouti was two times higher than the regional average, 15 per cent of which were caused by the mothers’ infection with HIV. HIV was twice as prevalent among women in Djibouti as among men. Could the development plan on health be explained? How had the plan been working to reduce the rates of HIV in women and girls? Abortion was only allowed for therapeutic purposes in Djibouti, and was forbidden in all other circumstances, including in cases of rape. Were steps being taken to decriminalise abortion in the country? What plans were in place to improve the health infrastructure available to women and girls? How many women and girls were affected by malnutrition?
Response by the Delegation
Healthcare was a priority for Djibouti. The State had focused on training staff to ensure that highly trained staff were available throughout the health care system. In the wake of the pandemic, there had been a focus on delivering basic primary health care. In 2023, the Ministry of Health convened a workshop which allowed the various gaps to be highlighted. A specific service had been created on sexual and reproductive health, and on cancers of the reproductive organs. People living with HIV were recognised as some of the most vulnerable in society. The prevalence of HIV had dropped over the past decade, mainly due to an increase in the availability of medicines and services. Since 2017, health insurance had covered a significant proportion of the population.
Abortion was prohibited in Djibouti, expect for medical cases. Djibouti would commit to consulting civil society on the issue, but could not say that it was committing to rescind this legislation. The only case where abortion was allowed was when the mother was at risk. Djibouti was one of first countries in the region to adopt a law to protect the right of persons living with HIV/AIDS. If someone lose their job due to their HIV status, they could take their employer to court and receive remediation. There had been a change in mindsets over the past few years concerning people living with HIV/AIDS; they were now accepted in society. Previously, persons were kicked out of their rental properties or fired from their jobs if they had a positive HIV status. Persons were previously considered social outcasts if they had HIV/AIDS, but were now able to live normal lives.
Questions by Committee Experts
A Committee Expert said only 14 per cent of women in Djibouti had a bank account. It was harder for them to access traditional financial instruments, including credit and microfinance. How many sectors had legal and policy frameworks to guide gender equality? What steps were being taken to ensure that women benefited equally from economic development initiatives, social protection, and recreation schemes? With regards to microfinancing, what strategies had been employed to improve loan application and approval rates for women’s businesses? What measures had been taken to mainstream the activities of the Djibouti Partial Credit Guarantee Fund? What steps were being taken to ensure the increased participation of women in sports and other recreational activities?
Another Committee Expert said 22 per cent of Djibouti’s population lived in rural areas. Rural women travelled long distances to obtain water and faced gender-based violence along the journey. The root causes of rural women’s marginalisation needed to be addressed. What was the plan to increase this group’s access to basic services? How would women be integrated into the recently launched United Nations environmental programme, and the Government’s project to improve climate resilience? Were rural women consulted on climate resilience? Were there monitoring systems to assess the impacts of the programme on women and girls? The issue of undocumented migrants and refugees required urgent attention. What measures had the Government taken to improve access to birth registration for refugees and asylum seekers?
Responses by the Delegation
The delegation said the main beneficiaries of microfinance were women. The public sector was the largest employer in the country. In the public sector, there was no wage gap. Much work needed to be done to enable women to tap into financial institutions. It was important to develop programmes to ensure accessibility for people living in remote areas. Climate change deepened the existing challenges. In 2021, a law was adopted to strengthen the courts in Djibouti. Prior to that, courts were chiefly in the capital, and the law sought to decentralise the court system. Judicial hubs were created in the south, north and outskirts of the country. These courts were not yet operational due to a lack of means. The State party was currently raising funds to make these courts operational.
Since 2022, Djibouti had been building a legal training school, where judicial officials, lawyers and judges were being trained to enable greater access to justice for the population. Health support services were made available for migrants to ensure people transiting the country received the necessary support. Migrants who remained in Djibouti could receive health care with no discrimination. The country provided these health services free of charge. This was a burden for the health care system, but the State still ensured health care was provided for migrants. Girls were encouraged to play sport from an early age. The President of the Olympic Committee of Djibouti was a woman. The State aimed to encourage more teenage girls to play sport, including through the provision of bursary scholarships.
Questions by a Committee Expert
A Committee Expert asked if Djibouti had domesticated the Rome statute? Djibouti’s Constitution provided for equality under the law and for freedom of assembly. How could the Government strengthen the right to freedom of assembly for women? How would the State address the fact that women and girls were the most food insecure? How was the criminal justice system strengthened for women? Did women have access to lawyers when using traditional justice systems? Would it be ensured that women did not need to comply with the obedience law? Could cases of child marriage be brought to court?
Responses by the Delegation
The delegation said there were four pillars to modernise the judicial system, including the digitisation of judicial services. This would assist with access to justice, particularly in rural areas. People were sanctioned and punished in cases of child marriage. Judges were required to prioritise the best interests of the child at all times, over that of the parents. Women had access to lawyers, and were the recipients of legal aid in 70 per cent of statutory court cases. The figure was not as high in customary courts. Customary law was not as formal as statutory law. It did not have the same set up as statutory justice. The State was taking steps to provide limitations on pre-trial detention.
Concluding Remarks
MONA OSMAN ADEN, Minister for Women and Family Affairs of Djibouti and head of the delegation, thanked the Committee for the opportunity to present the progress made by the State, and for their comments and proposals. The delegation would leave the dialogue enriched, and would endeavour to work with the Committee to ensure women’s rights were increased and that women could become a true lifeforce for the country.
GENOVEVA TISHEVA, Committee Vice Chair, thanked the delegation for the constructive dialogue with the Committee which helped them to better understand the situation of women and girls in Djibouti.
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CEDAW24.010E