Djibouti

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Background

The Republic of Djibouti (Djibouti), located in the Horn of Africa, is a small but strategically significant country bordered by Eritrea to the north, Ethiopia to the west and South and Somalia to the Southeast, with a coastline along the Red Sea and Gulf of Aden. Situated on the Bab El Mandeb Strait, its history is shaped by its geographic position as a crossroads for trade and migration between Africa, the Middle East and Asia. It has a total land area of 23,180Km^2 , a median age of 24.9 years and population of about 1.1million people with about 73% living in the country's capital, Djibouti City.

• https://www.worldometers.info/world-population/djibouti-population/

• https://population.un.org/wpp/

• https://datareportal.com/reports/digital-2024-djibouti

The Legal system

Djibouti’s has a hybrid legal system based on a combination of Islamic law, customary law and civil law (primary based on the French Napoleon code as it existed in 1997) the primary sources of law in Djibouti include Sharia Law, the constitution, national legislation and international treaties.

Islam plays a central role in Djibouti's legal system, as the Constitution recognizes Islam as both the religion of the people and the state. Sharia is described as "the sole source of law" in the preamble of the Constitution, and this influence permeates the country's legal framework (Mustafe Mohamed, NYU). The importance of Sharia is further emphasized in various legal provisions, including the swearing-in oath of the President of the Supreme Court, which mandates that judicial officers respect Sharia alongside the Constitution and national laws

• Dullah Omar Institute ACJR Resource Centre Djibouti

• Researching the Legal System of the Republic of Djibouti by Mustafe Mohamed H. Dahir NYU

Legal Aid

State Sponsored legal aid: In Djibouti, the Ministry of Justice operates a Legal Aid Bureau, providing legal assistance primarily to vulnerable groups, including women, children, the elderly, and people living with HIV/AIDS. A law on legal aid was introduced in 2011, enabling those most vulnerable in society the ability to receive legal representation in national courts. This is often provided in the form of financial aid or legal assistance provided by the state to litigants whose income is insufficient to access justice. The threshold typically lies between 100000-15000 francs of maximum monthly resources for one to qualify, and depends on a number of factors such as a litigants number of dependent children. This financial aid may be requested before or after the matter begins, and covers all legal costs (lawyers, bailiffs etc.) Minors and those with HIV aids are granted Automatic legal aid regardless of ability to pay. The government also provides for criminal defense representation in major felonies, and other cases where there is proof of indigency. Article 4 of Act No. 52 provides for the right to legal assistance in any case. Legal assistance by a court-appointed lawyer must be offered to any person accused of a criminal offense who cannot afford to engage a lawyer of their choosing under Article 65-4.

NGOs pro bono legal aid: There are also a number of NGOs and other organisations that provide legal aid, primarily focusing on the legal needs of vulnerable populations like women or children. One of the oldest of these is the national Union of Djiboutian Women which is a non-governmental not for profit resulting from the independence movement of 1977 and which has several offices in djibouti. They campaign for the protection of women’s rights by providing them with legal assistance and lobbying for their rights . The International Organisation for Migration also has an office and provides referrals to legal aid for migrants in vulnerable situations. They also work closely with the Government to support health and hygiene structures.

• Constitution of the Republic of Djibouti: September 4, 1992

• https://www.womenconnect.org/web/djibouti/legal-aid#:~:text=According%20to%20Law%20No.,is%20insufficient%20to%20access%20justice.

• https://www.womenconnect.org/web/djibouti/legal-aid#:~:text=According%20to%20Law%20No.,is%20insufficient%20to%20access%20justice.

https://www.iom.int/countries/djibouti#:~:text=Contact%20Information,https://twitter.com/DjiboutiIom

Rights of the Accused

Pretrial Procedures

Pretrial Procedures