LM Report 2006

Djibouti

Key developments since May 2005: Djibouti enacted national implementation legislation in March 2006.

Mine Ban Policy

The Republic of Djibouti signed the Mine Ban Treaty on 3 December 1997, ratified on 18 May 1998 and became a State Party on 1 March 1999.

On 11 March 2006, the president signed into law new national implementation legislation.^[1] The National Assembly unanimously approved the law on 13 January 2006.^[2] The law comprehensively prohibits antipersonnel mines in accordance with Article 1 of the Mine Ban Treaty, with the same exceptions for mines retained for training and development, and with provisions to implement Article 8 of the treaty (compliance and fact-finding missions). Penal sanctions for violations include 10 years imprisonment and a fine of 10 million Djibouti Francs (US$54,882).^[3] The law also created a national commission responsible for application of the law. Previously, Djibouti has cited various existing laws as relevant to implementation of the Mine Ban Treaty.^[4]

As of June 2006, Djibouti had not submitted its annual Article 7 transparency report, due by 30 April 2006. It has provided three previous reports.^[5]

Djibouti attended the Sixth Meeting of States Parties in Zagreb, Croatia in November-December 2005, where its representative made a statement on mine clearance. It also participated in the treaty’s intersessional Standing Committee meetings in Geneva in June 2005, but was absent from intersessional meetings in May 2006.

Djibouti has not engaged in the extensive discussions that States Parties have had on matters of interpretation and implementation related to Articles 1, 2 and 3. Thus, Djibouti has not made known its views on issues related to joint military operations with non-States Parties, foreign stockpiling and transit of antipersonnel mines, antivehicle mines with sensitive fuzes or antihandling devices, and the permissible number of mines retained for training.

Production, Transfer, Use, Stockpiling and Destruction

Djibouti has reported that it has not produced antipersonnel mines. It is not known to have ever exported mines.^[6] Both the government and the Front for the Restoration of Unity and Democracy used landmines around military positions and on access roads during the 1991-1994 civil war.^[7]

On 2 March 2003, one day after its treaty-mandated deadline, the country destroyed its stockpile of 1,118 antipersonnel mines.^[8] Djibouti has retained 2,996 antipersonnel mines for training purposes.^[9] The number has not changed since Djibouti first declared it in January 2003, indicating no mines are being consumed during training activities. Djibouti has not yet reported in any detail on the intended purposes and actual uses of its retained mines—a step agreed by States Parties in the Nairobi Action Plan that emerged from the First Review Conference in November-December 2004.

Landmine and UXO Problem

Djibouti is affected by landmines and unexploded ordnance (UXO), as a result of the 1991-1994 civil war between the government forces and the Front for the Restoration of Unity and Democracy. During the conflict, government forces used antipersonnel mines to secure temporary military posts and the rebels used antivehicle mines on some roads.^[10]

In addition, the French Army has maintained an ammunition depot a few kilometers outside the center of the town of La Doudah, which it protected with antipersonnel mines. Heavy rainfall and floods in 1989 resulted in the movement of some mines beyond the barbed wire fence that enclosed the minefields.^[11] In May 2006, France announced plans to start demining in October 2006 and to complete clearance before its deadline for clearance under the Mine Ban Treaty of 1 March 2009.^[12]

Mine Action Program

There is no mine action authority in Djibouti. During a demining program that lasted from 1998 to 2003, demining was undertaken by the Djibouti Mine Action Center (DMAC), operating as a unit of the Djiboutian military.^[13]

There were no reports of any marking, fencing or clearance activities in 2005 or January-May 2006. Djibouti has not submitted an Article 7 report for 2005, but in its report for 2004, it claimed that the mine action program “had been integrally executed in 2003.”^[14]

On 11 March 2006, the President of Djibouti promulgated a law on the implementation of the Mine Ban Treaty, which included provision for the creation of a “national commission to ensure the implementation and the follow-up of the law.” The law also stated that the national commission’s composition, functioning and mission will be determined by decree. ^[15]

Summary of Efforts to Comply with Article 5

Under Article 5 of the treaty, Djibouti is required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but no later than 1 March 2009. Djibouti’s Article 7 report submitted in January 2005 declared that there are no mined areas and no suspected mined areas and repeated that the clearance program had been completed in 2003.^[16] It stated, however, that areas around a number of old firing ranges were found to have been contaminated with explosive ordnance, and that a variety of UXO items had subsequently been destroyed.^[17]

Subsequently, it made a number of statements about mine clearance. In November 2005 at the Sixth Meeting of States Parties, Djibouti declared itself “being honored to be among the first countries that ratified and implemented the Ottawa Convention, especially by fulfilling its obligations under Article 5.” It also declared itself “mine-safe” on 29 January 2004, after having completed a five-year national demining program from 1998 to 2003 with support from the US Department of State and the French Army.^[18] However, “mine-safe” status does not fulfill the requirements of Article 5 “to ensure the destruction of all antipersonnel mines in mined areas under its jurisdiction or control.”

With respect to the treaty requirements for the identification, and fencing and marking of mined areas prior to clearance, Djibouti reported that all antipersonnel mines laid by the government forces were marked and mapped. Landmines laid by the rebels appeared to be exclusively in some areas in the north of the country and a “perfect collaboration” between the insurgents and the government since the signature of a peace agreement on 12 May 2001 is said to have enabled the identification and perimeter-marking of areas suspected to contain landmines. By the time it closed in 2003, the national demining program had ensured the clearance of 14 sites covering an area of 40,080 square meters, and the destruction of 500 landmines, two grenades, 40 items of UXO and 18,460 pieces of scrap metal.^[19]

Thus, Djibouti also acknowledged at the Sixth Meeting of States Parties that even though it had declared itself “mine-safe” in January 2004, “nevertheless, we should continue our efforts especially with France to clear completely La Doudah... and only once those demining operations are completed, we will be able to declare Djibouti ‘mine-free.’”^[20]

There are indications that there may be other mine/UXO contaminated areas in Djibouti, in addition to the French minefields. In May 2005 and May 2006, the US Department of State issued a travel warning stating, “While Djibouti has been declared a “mine-safe” country, this indicates landmines have been identified and marked, not that they have been removed.  Landmines are known to be present in the northern districts of Tadjoureh and Obock.  In addition, there may be mines in the Ali Sabieh district in the south.”^[21] A Department of State official noted in July 2005 that the government of Djibouti has all of the data on where clearance took place, and on those areas that have been fenced and marked off.^{[22 ]}

The Department of State noted in February 2005 that, while “a majority of all mines laid in the 1990s in Tadjoura and Obock districts” have been cleared, “Areas that have little impact on civilian safety, agriculture, or infrastructure do not require clearance before a country can be declared ‘mine safe.’”^[23] In February 2004, Djibouti’s Minister of Foreign Affairs is said to have acknowledged that Djibouti had to “continue its efforts to become ‘mine-free’ by 1 March 2009.”^[24]

Landmine/UXO Casualties

No new landmine/UXO casualties were reported in Djibouti in 2005 and January-May 2006. The Djiboutian authorities have not reported any incidents since Djibouti was declared “mine-safe” in January 2004, although three girls were reportedly injured in a mine incident in September 2004.^{[25 ]}

The total number of landmine casualties in Djibouti is not known. Landmine Monitor identified 81 mine casualties between 1999 and 2001, including 23 people killed and 51 injured, with the status of seven unknown. According to military sources, between 1997 and 2000, 31 people were killed and 90 injured in mine incidents; the majority of casualties were military personnel.^[26]

Survivor Assistance

On 29 January 2004, when Djibouti declared itself “mine-safe,” officials stressed the need to assist mine survivors.^[27]

Public health services in Djibouti have remained limited since the end of the civil conflict. The only hospital with the capacity to treat trauma injuries, Peltier Hospital, is in the capital. Regional health centers are only capable of providing first aid.^[28] There has been a general lack of staff, management skills and supplies. On 15 April 2006, two new health centers were inaugurated south of the capital, both in Balbala; one center is based with the medical assistance center of the Djibouti Red Crescent Society. Both centers have reportedly been equipped with modern technical equipment to provide emergency care. The new centers were funded by the French Development Agency.^[29]

The International Committee of the Red Cross (ICRC) has run a small program that funds the travel and costs of amputees to the Prosthetic/Orthotic Center in Addis Ababa, Ethiopia, every two years for the replacement of their prostheses. In 2005, the ICRC Special Fund for the Disabled (SFD) made an assessment visit to the National Center of Assistive Devices and Physical Rehabilitation in Peltier Hospital, to investigate how direct assistance could be provided in Djibouti. The center has hardly been used since Handicap International withdrew its support; installation and equipment have started to fail and there has been a lack of qualified staff. The SFD and local authorities discussed future assistance to people with disabilities, especially war veterans.^[30]

The NGO Assistance to the Handicapped has assisted disabled ex-combatants, including mine survivors, providing vocational training.^[31]

The World Bank, USAID and European Union, among others, have been involved in the renovation and development of health, rehabilitation and education infrastructure in Djibouti. The African Development Bank implemented a micro-credit program. France provided support for infrastructure and capacity improvement in the health sector within the framework of the France-Djibouti Partnership 2006-2010 (Partenariat France-Djibouti 2006-2010).^[32]

Djibouti does not have specific legislation to protect the rights of disabled people, and there are no laws or regulations to prevent labor discrimination against people with disabilities. However, they have access to education and public health facilities.^[33]

[1] “Loi n°141/AN/06/5ème L portant mise en oeuvre de la Convention d’Ottawa sur l’interdiction de l'emploi, du stockage, de la production et du transfert des mines anti-personnel et sur leur destruction (Implementation of the Ottawa Convention),” Journal Officiel de la République de Djibouti, www.presidence.dj.
[2] Djibouti had initially hoped the legislation would be adopted by the time of the First Review Conference of the Mine Ban Treaty in November-December 2004. “Report and Recommendations,” Workshop on Landmines and the Convention on the Prohibition of Anti-Personnel Mines in East Africa, the Great Lakes and the Horn of Africa Regions, Nairobi, Kenya, 2-4 March 2004.
[3] Average exchange rate for 2005: US$1 = DJF182.20876, Landmine Monitor estimate based on www.oanda.com.
[4] Four laws were cited: Law 62-61 (2 June 1962), Decree 817 (8 June 1962), Decree 64-406 (5 May 1964) and Decree 669 (20 July 1976). See Article 7 Reports, Form A, 16 January 2003 and 25 January 2005.
[5] Reports were submitted on 16 January 2003, 6 February 2004 and 25 January 2005.
[6] Article 7 Report, Form E, 16 January 2003.
[7] See Landmine Monitor Report 1999, pp. 33-34.
[8] Article 7 Report, Form G, Tableau Explicatif, 6 February 2004; Article 7 Report, Form G, 16 January 2003.
[9] Mines retained include: 650 M12; 307 M412; 621 PPM2; 665 T72; 521 MB; 16 DV; 30 M961; 10 AV; 128 PPMISR; 12 MLE421; 18 M59; and 18 of unknown type and origin. Article 7 Reports, Form D, 16 January 2003 and 25 January 2005.
[10] Statement by Djibouti, Sixth Meeting of States Parties, Zagreb, 29 November 2005 (unofficial translation by Landmine Monitor); see Landmine Monitor Report 1999, pp. 33-34.
[11] See Landmine Monitor Report 2004, pp. 396-397.
[12] See report on France in this edition of Landmine Monitor.
[13] See Landmine Monitor Report 2003, p. 231.
[14] Article 7 Report, Form F, 26 January 2005.
[15] “Loi n° 141/AN/06/5ème L,” Journal Officiel de la République de Djibouti, Article 8.
[16] Article 7 Report, Forms C and F, 26 January 2005.
[17] Article 7 Report, Forms F and G, 26 January 2005. The affected areas were in Balbala and Obock.
[18] Statement by Djibouti, Sixth Meeting of States Parties, Zagreb, 29 November 2005 (unofficial translation by Landmine Monitor); see Landmine Monitor Report 2005, pp. 322-323.
[19] Statement by Djibouti, Sixth Meeting of States Parties, Zagreb, 29 November 2005.
[20] “Cependant, nous devons poursuivre nos efforts en particulier avec la France pour la dépollution complète de la zone de La Doudah à proximité de Djibouti-ville.... Au terme de ces opérations de dépollution, nous pourrons déclarer “Djibouti” mine-free.” Statement by Djibouti, Sixth Meeting of States Parties, Zagreb, 29 November 2005 (unofficial translation by Landmine Monitor).
[21] US Department of State, International Travel Information, “Consular Information Sheet–Djibouti,” 30 May 2006, www.travel.state.gov, accessed 4 June 2006; “State Department Issues Consular Information Sheet on Djibouti,” US Fed News (Washington DC), 2 May 2005; see Landmine Monitor Report 2005, pp. 322-323.
[22 ] Email to Mark Hiznay, Human Rights Watch, from John Stevens, Foreign Affairs Officer, US Department of State, 11 July 2005.
[23] US Department of State, “Country Reports on Human Rights Practices-2004,” Washington DC, 28 February 2005. However, there is no mention of mine contamination in Djibouti noted in the “Country Reports on Human Rights Practices-2005,” Washington DC, 8 March 2006.
[24] Statement by Ali Abdi Farah, Minister of Foreign Affairs and International Cooperation, Workshop on the Ottawa Convention and Mine Action in the Republic of Djibouti, Djibouti, 4 February 2004.
[25 ] “Elles terrorisent le Sud (They still terrify the South),” Réalité (Alliance Républicaine pour le Développement newspaper), No. 112, 10 November 2004, www.ard-djibouti.org, accessed 30 August 2005. The 2004 incident was refuted by Djibouti. Interview with Djibril Djama Elabé, Technical Advisor, Ministry of Foreign Affairs and International Cooperation, Djibouti, 15 June 2005.
[26] See Landmine Monitor Report 2004, p. 398.
[27] Statement by Brig. Gen. Zakaria Cheick Ibrahim, Ministry of Defense, 29 January 2004; annex to Article 7 Report, 6 February 2004.
[28] For more information, see Landmine Monitor Report 2004, p. 398.
[29] “Head of State inaugurates two new community based centers (Le Chef de l’Etat inaugure deux nouveaux centres de santé communautaire),” ADI (Agence Djiboutienne d’Information), Djibouti, 15 April 2006, www.adi.dj, accessed 30 May 2006. 
[30] ICRC Special Fund for the Disabled, “SFD Annual Report 2005,” Geneva, p.15; ICRC, “Special Report–Mine Action 2005,” Geneva, May 2006, p. 25.
[31] For more information, see Landmine Monitor Report 2004, p. 399.
[32] Ministry of Foreign Affairs of France, “Document Cadre de Partenariat France-Djibouti - DCP- (2006-2010),” www.diplomatie.gouv.fr.
[33] US Department of State, “Country Reports on Human Rights Practices-2005: Djibouti,” Washington DC, 8 March 2006.