Legal framework on freedom of religion and actual application
According to its constitution (revised in 2010), 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).[1] Islam is the state religion, 94 percent of the population is Sunni Muslim, and the Ministry of Islamic Affairs and Waqfs oversees religious matters.[2] Islam plays the greatest role in Djiboutian society, as evidenced by changes to its status in the constitution itself. In the 1992 version,[3] Islam was recognised as the state religion in the preamble, whereas now it is given pre-eminence in Article 1 of the 2010 revision.[4]
Under Article 6 of both versions of the constitution, political parties are prohibited from identifying themselves with a race, ethnicity, sex, religion, sect, language or region. Article 11 guarantees that everyone has “the right to freedom of thought, of conscience, of religion, of worship and of opinion within respect for the order established by the law and the regulations”.[5] Nevertheless, the government severely curtails freedom of expression, and journalists engage in self-censorship, as they are persecuted if they speak out against the President and the ruling party, the Union for a Presidential Majority (UMP).[6] The government strictly controls the media, including radio, print, and television. It also owns the main newspaper, TV and radio stations, and printing press.[7]
Djibouti’s President is not subject to term limits and has ruled since 1999 despite the country outwardly upholding a multiparty political system.
The Djiboutian constitution does not explicitly prohibit proselytising, but the practice is banned in public.[8] However, laws do not punish those who do not abide by Islamic rules or profess another religion.
A 2014 decree gives the Ministry of Islamic Affairs broad powers over the country’s mosques and the content of public prayers.[9] Its authority extends to private denominational schools (over which the Ministry of Education also has jurisdiction) and to religious events. Imams have become civil servants formally employed by the Ministry. For the government, this is intended to prevent political activities in mosques, allow the authorities to monitor what they do, and limit foreign influences. 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.[10]
Regardless of whether they are local or foreign, Muslim and non-Muslim religious groups are required to register with the Ministry of the Interior. Muslim groups also have to inform the High Islamic Council at the Ministry of Islamic Affairs and Waqfs of their existence. Foreign religious workers must buy an annual residency card but are now exempt from applying for a work permit.[11] Foreign groups, whether Muslim or non-Muslim, also need permission from the Ministry of Foreign Affairs before they are permitted to operate in Djibouti.[12] Registration can be onerous with strict background checks; these examine the group’s “leadership, religious affiliation, finances, and objectives within the country, with potential rejection based on perceived extremist ties, political agendas, or foreign relations.”[13]
All senior office holders and major public servants, such as the President and the members of the Supreme and Constitutional Courts, are required to take a religious oath. No provision exists for non-religious oaths or affirmations.[14]
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,[15] and civil marriages are granted by courts to Djiboutian nationals as well as foreigners. The government recognises non-Muslim religious marriages if an official document issued by the organisation that performed the marriage is presented.[16] Under the Family Code, marriage between non-Muslim men and Muslim women is not allowed unless the husband-to-be converts to Islam.[17] In addition, according to Article 39, 2, a husband has the right to divorce his wife for any reason, whereas the wife can only obtain a divorce under specific circumstances.[18]
Conversion from Islam is discouraged, and those who do convert face ostracism and persecution, including physical violence.[19]
Among Christian groups, only Protestant, Roman Catholic, Greek Orthodox, and Ethiopian Orthodox Churches are allowed; otherwise, religious activities and proselytising are kept in check, especially by Evangelicals. The Church of Scientology is present as a commercial entity.[20]
Non-Muslims are still discriminated against in public employment and education.[21]
Religion is taught in state schools, but only as a general subject, without focus on any one religion.[22]
Incidents and developments
Djibouti is a small country on the Horn of Africa with a population of just under one million. According to 2020 U.N. estimates, the population mainly consists of Somali (60 percent), followed by Afar (35 percent) and Arab. President Ismaël Omar Guelleh (IOG) has governed the authoritarian Union for a Presidential Majority (Union pour la majorité présidentielle, UMP) coalition for more than 20 years.[23]
In February 2023, legislative elections took place with most major opposition parties boycotting the process, alleging that the ruling Union for a Presidential Majority (UMP) was certain to win most seats. As predicted, the UMP secured 58 out of 65 seats, while the opposition Djiboutian Union for Democracy and Justice (UDJ) won the rest.[24]
Throughout 2023, the government continued to impose restrictions on human rights organisations. In March, Alexis Deswaef, Vice President of the International Federation for Human Rights (FIDH), was arrested and deported from Djibouti, and a colleague was denied entry at the airport.[25] Additionally, Djiboutian authorities intensified their crackdown on irregular migrants, arresting approximately 3,000 people in Djibouti City in April 2023.[26]
Like the rest of East Africa, Djibouti is under threat from violent Islamist extremists such as the Somali terrorist group Harakat al-Shabaab al-Mujahideen (al-Shabaab), Daesh (Islamic State, IS), and Salafists in Somaliland and Puntland State of Somalia.[27] As a result, many foreign governments have issued travel advisories warning their citizens of the danger of abduction in Djibouti, especially near the border with Somaliland, urging caution and respect for local customs.[28]
Despite security concerns regarding Islamist groups, no outright incidents of religious violence or persecution were reported in 2023 or 2024. However, given the strong government control and Islam’s status as the dominant religion, access by non-Muslims to many rights and freedoms remains restricted. Some non-Muslim children face discrimination at school, and freedom of speech and press are severely curtailed.[29]
In June 2024, La Voix de Djibouti – a radio station based in Paris that describes itself as “the only Djiboutian free and independent media outlet”[30] – reported heightened security concerns. Apparently, two members of al-Shabaab were arrested in Djibouti City. They had entered the country from Ethiopia and were planning an attack. After their arrest, security services reportedly questioned them, particularly to find out if they had local accomplices. In view of the situation, foreign embassies went on a lockdown.[31]
Prospects for freedom of religion
Given its location in an unstable region, Djibouti remains vulnerable to both domestic challenges (authoritarian rule, poverty, high unemployment) and external threats (refugees and militant Islamist groups).[32] Nevertheless, the presence of several foreign military bases provides a degree of protection against spillover from strife in two of its neighbours, Ethiopia and Somalia.[33] Within the borders, however, 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 religious freedom remain unchanged.
Sources
Djibouti