Legal framework on freedom of religion and actual application
According to its Constitution, Djibouti is a “democratic, sovereign, one and indivisible Republic”, and all its citizens are equal “without distinction of language, of origin, of race, of sex or of religion” (Article 1). However, the majority religion, Islam, plays the greatest role in Djiboutian society as evidenced by changes to its status in the Constitution itself. In the 1992 version, Islam was recognised as the state religion in the Preamble; now it is given pre-eminence as Article 1 in the 2010 revised version.
Under Article 6 of both versions of the Constitution, political parties are prohibited from “identify[ing] themselves to a race, to an ethnicity, to a sex, to a religion, to a sect, to a language or to a region.” Article 11 guarantees that everyone has “the right to freedom of thought, of conscience, of religion, of worship and of opinion [and] respect for the order established by the law and the regulations”.
The Constitution does not explicitly prohibit proselytising, but the practice is banned in public. These laws do not punish those who do not abide by Islamic rules or profess another religion. According to Caritas, however, the Catholic Church is not allowed to evangelise in the country, but it can engage in social outreach activities.
A decree from 2014 gives the Ministry of Islamic Affairs broad powers over the country’s mosques and the content of public prayers. Its authority covers all Islamic affairs, from mosques and private denominational schools (over which the Ministry of Education also has jurisdiction), to religious events. Imams have become civil servants, official employees of the Ministry. For the government, this is intended to prevent political activities in mosques, to allow the authorities to monitor their activities, and to limit foreign influence. Since the decree came into effect, almost all mosques have a government-appointed Imam. The public education system is secular, but there are about 40 private Islamic schools.
Regardless of whether they are local or foreign, non-Muslim religious groups are required to register with the authorities. Applications are reviewed by the Ministry of the Interior and provisional permits, pending completion of the review, are not granted. By contrast, Muslim groups are merely required to notify the Ministry of Islamic Affairs and Waqfs of their existence. They are not required to register, nor are they subject to review by the Ministry of the Interior. Foreign groups, whether Muslim or non-Muslim, also need the permission of the Ministry of Foreign Affairs before they are permitted to operate in Djibouti.
All top office holders and major public servants, such as the President and the members of the Supreme and Constitutional Courts, take a religious oath of office. While this is customary for the head of state, it is legally required for all other public officials. No provision exists for non-religious oaths or affirmations.
Muslims can turn to either family courts or civil courts to settle issues related to marriage, divorce, or inheritance. Family courts rely on both civil and Islamic law. For non-Muslims, such issues come solely under the remit of civil courts. For non-Muslims, family matters too are governed by state civil courts; civil marriages, for example, are granted by these courts to locals as well as to foreigners. The government recognises non-Muslim religious marriages if an official document issued by the organisation that performed the marriage is presented. Marriage between non-Muslim men and Muslim women is not allowed unless the husband-to-be converts to Islam.
Conversion from Islam is discouraged and those who do so face ostracism and persecution, including physical violence and even death.
Among Christian groups, only Protestant, Roman Catholic, Greek Orthodox, and Ethiopian Orthodox Churches are allowed; otherwise, religious activity and proselytising are kept in check, especially that of Evangelicals. The Church of Scientology is present as a commercial entity.
Non-Muslims are still discriminated against in employment and education. Hate speech against minority religions has been reported on social media.
Religion is taught in public schools, but only as a general subject, without focus on any one religion.
Incidents and developments
No incidents of religious violence or persecution have been reported in recent years. However, since the government is authoritarian and Islam is the dominant religion, most rights and freedoms are limited. Some non-Muslims have reportedly complained of discrimination by the public administration.
Like the rest of East Africa, Djibouti is under threat from violent Islamist groups, in particular Al-Shabaab. As a result, many foreign governments have issued travel advisories alerting their citizens to the danger of abduction in Djibouti, especially near its border with Somalia, and urging caution and respect for local customs.
Foreign missionaries and religious workers are allowed into the country but they must show proof of membership of a registered religious group and pay 24,000 Djiboutian francs (US$140) for a residency permit.
Prospects for freedom of religion
Given its strategic location and role in an unstable region, Djibouti remains vulnerable to domestic challenges (authoritarian rule, poverty, high unemployment) and external threats (refugees and militant Islamist groups). Nevertheless, the presence of several foreign military bases provide a degree of protection against spillover from domestic strife in the country’s two neighbours, Ethiopia and Somalia. At the same time, the government has adopted policies that facilitate the absorption of refugees, a task made easier by the fact that the latter are usually Muslim and culturally close to Djiboutians. Conversely, since non-Islamic religions are seen as foreign, freedom of religion is still subject to certain restrictions. This situation is unlikely to change in the near future and so prospects for this right remain neutral.
Djibouti