119. Since its independence, Djibouti has ensured that groups of individuals have the possibility to defend
their interests by helping them set up official structures. Thus, the 1901 Act on contract of association
was adopted to govern non-political not-for-profit associations. Article 2 of this Act recognizes that
“associations of persons may be freely established without prior authorization or notification, but they shall be entitled to
the enjoyment of legal capacity only if they satisfy the requirements of article 5”. The only limitation to this principle
is compliance with basic rules for their registration at the Ministry of the Interior if they wish to acquire
legal personality.
120. The Ministry of the Interior has been officially notified of the establishment of more than 750
associations of the kind described in the Act of 1901. The majority are not very visible in the civil
society sphere or elsewhere, owing to their inadequate material and human resources. However, there
are about twenty NGOs that are very active in promoting and protecting all aspects of human rights.
121. Article 212 of the Labour Code provides that “all employees or employers, without any distinction
whatsoever, shall have the right to form their own trade unions in the occupational and geographic
sectors they so determine. They shall have the right to join and leave trade unions freely, as shall former
workers and former employers who had at least one year of service in their occupation. Minors older
than sixteen years of age may join a labour union unless decided otherwise by their father, mother or
guardian. Trade unions may also be established freely by self-employed workers who do not employ any
staff.”
122. Trade unions must also obey the rules relating to notification and establishment. These rules are
enumerated in articles 213 ff. of the Labour Code.
123. Thus, many occupations and economic sectors have in fact established trade unions, many of them
affiliated with the two main trade union federations, the Djiboutian Workers Union (UDT) and the
General Union of Djiboutian Workers (UGTD). In reality however, aside from the post-civil war
period when the economic situation was quite difficult, there is currently a decline in the number of
strike actions as trade unions tend to prefer to negotiate.
124. The freedoms corresponding to the exercise of the rights recognized under article 11 are guaranteed by
the Constitution (Article 15). Article 58 of Organic Act No. 1/AN/92 on elections sets forth this
freedom. It reads as follows: “The head of the administrative district must be notified of electoral meetings at least 24
hours in advance. The notification shall specify the name, occupation, address and function of the organizers in charge of the
electoral meeting, the location and starting and ending time of the meeting, and whether the meeting venue is open or closed
to the public.” This provision therefore grants all political groups the freedom to organize public events.
125. In 2002, efforts commenced ten years earlier to strengthen democracy paid off with the establishment
of a full multi-party system, which led to the emergence of new political parties of different persuasions.
126. In the same vein, the Government enacted in 2013 the organic law amending Article 33 of the 1992
Electoral Act. The new Act introduces proportional representation for parliamentary elections. This
initiative led in 2013 to the entry into parliament for the first time of opposition members.
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