A/HRC/11/37
236. The Al-Hakim Foundation urged Djibouti to reform effectively the judiciary, which
was reportedly under the influence of the executive, with courts failing to respect fair trial
standards, particularly in political cases not tried in public. It further noted reports of
political and tribal intervention in the selection of judges and judicial officers, and the
application of tribal laws to cases, including murder and rape, where fines were determined
as blood money to be offered to the family or tribe of the victim. It said that, although the
Constitution and the law provided for the creation of trade unions, workers associations and
political parties, in some instances the Government had imposed some restrictions, noting
for example that the labour code stipulated that the Government must give prior
authorization to the creation of trade federations and unions.
237. The Cairo Institute encouraged Djibouti to enhance its collaboration with all
international human rights instruments and mechanisms, notably by extending a standing
invitation to the special procedures mandate holders by ensuring treaty body reporting, and
by publicly speaking out in favour of the International Criminal Court, to which it is a State
party. It called on the Government to bring an immediate end to the continued harassment
of human rights activists such as the President of the Ligue djiboutienne des droits de
l’homme, to create an enabling environment for the independent media by repealing the
current press law and passing new legislation, that eliminates criminal sanctions for press
offences among other provisions, and to guarantee freedom of the media as stipulated in the
numerous regional and international treaties ratified by Djibouti. It called on the
Government to refrain from harassment, arbitrary arrest and detention of trade unionists and
to expand the space available to free and independent activism.
4.
Concluding remarks of the State under review
238. In its concluding remarks, Djibouti reiterated that there was no persecution of trade
unionists in Djibouti. The press was free; journalists worked in an environment that allowed
them to move about and participate in the formulation of policy and to give their views on
issues.
239. Djibouti reaffirmed its deep gratitude to the States and representatives of civil
society, who in their statements had expressed their interest in the human rights situation in
Djibouti.
240. Before the adoption of the outcome of the review, and in compliance with paragraph
32 of Council resolution 5/1, Switzerland invited Djibouti to clarify the status of the eight
recommendations listed in paragraph 68 and for which responses were to be provided by
Djibouti during the plenary session. The representative of Djibouti confirmed that the
concerned noted recommendations were being carefully considered and reviewed by the
authorities and that substantive responses would be provided in the future.
Canada
241. The review of Canada was held on 3 February 2009, in conformity with all the
relevant provisions contained in Council resolution 5/1, and was based on the following
documents:
(a)
The national report submitted by Canada in accordance with the annex to
Council resolution 5/1, paragraph 15 (a) (A/HRC/WG.6/4/CAN/1);
(b)
The compilation prepared by OHCHR in accordance with paragraph 15 (b)
(A/HRC/WG.6/4/CAN/2);
(c)
The summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/4/CAN/3).
94
GE.09-16766
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