Djibouti :
a country about to explode
By Roger-Vincent Calatayud
President of the French Association of the Friends of the Democrats of Djibouti
Founder Member of the Lisbon Forum Member of the North-South Centre of Council of Europe
tél.: 33 - 05 62 34 10 83
fax.: 33 - 05 62 51 39 09
courriel: rv.calatayud@wanadoo.fr
Who
cares about this small plot of land which has been independent since 1977,
located on the fringes of Ethiopia, Eritrea and Somalia ?
Clinging to the Horn of
Africa, opposite the Arabian peninsula and the Yemen coasts, formerly called
the French Coast of Somalia and then the French Territory of the Afars and
the Issas, the Republic of Djibouti controls the strategic straits of Bab
El Mandeb--- known as the Wailing Door --- at the far end of the Red Sea and
the Suez Canal.
That short description
of the geographical location of Djibouti shows its obvious importance on different
levels.
Djibouti has been sinking
into a state of chaos for many years, despite huge financial assistance from
the European Union and the International Monetary Fund, as well as from France
which chose Djibouti when setting up its most important military base abroad.
There is no freedom
in Djibouti today, just as there was none yesterday.
Reports studying the enforcement
of Human Rights there have been made by several organisations such as the
International Federation of Human Rights), the French National Federation
of Young Barristers or Amnesty International.
They have all brought
to light the arbitrary arrests, the summary executions, the irregular trials,
the repeated violations of the internal norm and of all the international
agreements ratified by the Republic of Djibouti.
The National Assembly
and the Bar of Djibouti were certainly the last places where the frail wind
of freedom of speech could still blow.
Now the opposition parties
have been abolished, elected Members of Parliament prosecuted and deprived
of their rights, despite a decision taken by the Constitutional Council to
cancel the withdrawal of parliamentary immunity.
The president of the P.R.D.,
who was arrested on October 12, 1997 and sent to Gabode, a prison of evil
repute, was only released by the Court of Criminal Appeal after 18 days imprisonment.
The Bar itself was muzzled:
two lawyers have been suspended, Djama Meidal, President of the Constitutional
Council, because he courageously stood up for the members of parliament, and
Aref Mohamed Aref, the most senior member of the Bar and a human rights activist.
Both are being prosecuted
within the framework of totally iniquitous procedures which only aim simply
at preventing them from doing their job.
The local authorities
are putting pressure on the other lawyers who are not yet suspended and who
are coming up against considerable obstacles when implementing the rights
of the defence.
Furthermore, the regime
has tightened up control in the country by passing a bill on October 28, 1997
bringing into force compulsory visas for French citizens.
Thus, the authorities
of Djibouti will be able to control any entry into the country, and at their
discretion prevent a French lawyer from coming to the aid of the oppressed
.
Faced with such difficulties,
men and women are fighting daily to protect the little freedom and dignity
left in the country.
They
hope that, in a near future, the supporters of the regime, including France,
will realize how unjust and unacceptable the situation is, and understand
that DJIBOUTI IS NO LONGER A CONSTITUTIONAL STATE .
The rules of judicial
procedure which are the basis of democracy are being violated; the Bar whose
role is to protect and defend is now used by the regime as an instrument to
enforce measures and take action against freedom of speech; judges have been
deprived of their irremovability principle which is laid down in the Constitution;
violence, blackmail and police threats are part of the everyday life of this
despoiled people; civil servants have not been paid for months despite aid
from France; the hospital in Djibouti is described by the population as '
a place for people to die ' ....
The
case has been submitted to the Interparliamentary Union which has released
many reports highlighting the violation of human rights .
What
future can be envisaged for Djibouti ?
That which is coming up
from the depths of this people's soul is starting to emerge .
Fortunately, there are
people who can forge unions, who are peacemakers, key figures who, at the
risk of their lives, are able to work for the public good in their country
and carry with them a glimmer of hope.
The next presidential
elections will be held in May 1999: the current president and founder of the
1st Republic, Hassan Gouled Aptidon, who is old, sick and under influence,
has announced he will not run for re-election.
However, his nephew, Ismäel
Omar Guelleh, supporter of the current regime, has been approached about becoming
the next president of Djibouti after rigged elections.
The opposition parties'
leaders are in exile; those allowed to stay in the country have been deprived
of their civil and political rights and are being illegally arrested or threatened.
Today, Djibouti is about
to get a new president, but not a new regime: dictator follows dictator, and
the freedom-stifling, antidemocratic policy is being maintained .
On 15th February 1999,
the Djibouti Criminal Court sentenced Mr AREF MOHAMED AREF, lawyer and Human
Rights activist, Vice President of the French Association of the Friends of
the Democrats of Djibouti, to 2 years imprisonment, 6 months of which are
without possible remission.
The Court issued a warrant
for immediate and on-the-spot arrest.
Mr AREF was transferred
directly to the prison of Gabode, where he was locked up.
With no free independent
defence, since his lawyers' visas were refused and all international observers
were forbidden, Mr AREF was sentenced during this iniquitous trial, in violation
of all national and international rules of procedure.
Mr AREF is currently held
in the Gabode prison under inhuman conditions. Locked up in a section usually
reserved for the deranged and dangerous, his cell consists only of a tiny
eastern-style toilet, and courtyard exercise is forbidden. Given the heat,
and the restriction on any movement, these conditions constitute a violation
of the international norm.
Mr AREF has been secreted,
and he has not the least contact with the outside world. Only Mr OMAR has
been allowed to see him, whereas the Franco-Belgian Avocats Sans Frontières
observer has not been able to obtain a visitor's permit, which is contrary
to the Franco-Djibouti Judicial Cooperation Agreement.
The prison clerk refused
to accept the appeal which Mr AREF wished to lodge against this iniquitous
sentencing, and merely indicated that he was forbidden to leave the toilet
which acts as his cell.
According to information
received, it is likely that Mr AREF will be transferred to a prison in the
north of the country in order to distance him from the capital and from his
family.
His arrest was expressly
ordered by Ismaël Omar Guelleh who gave precise instructions to that effect
from Rome where he happened to be.
Deliberation lasted only
5 minutes.
Justice in Djibouti has
moved into the shadows, in the very presence of the adviser, the French judge
sent on assignment from France, and who attended the trial without making
the least comment.
Today
human rights activists are waiting for the French government and international
organisations to take action in order to obtain the immediate release of Mr
AREF.
The future will show whether
they sincerely intend to help the progress of human rights and justice. After
last Saturday's incidents,
where a public rally of the United Djibouti Opposition party was broken up
by military force, after having been authorised by the Ministry of the Interior,
the Djibouti government has shown its intention of reducing to silence all
forms of resistance driven by the struggle for fundamental human rights.
The French Association
of the Friends of the Democrats of Djibouti denounces these procedures, which
prove that the country is not a constitutional state.
France, who has recently
sent a French judge to the Ministry of Justice, is contributing to that situation.
The Franco-Djibouti Judicical
Cooperation Agreement must be put into effect, and respected as regards the
right to a defence, which is not currently the case.
Up to now , France has
been supporting what was done in the country and it will support what will
be done in the future.
The
French Association of the Friends of the Democrats of Djibouti and all Human
Rights N.G.Os call on the Djibouti government to free AREF immediately, and
ask the French government and the International Institutions to suspend all
cooperation as long as legal rules are not respected.
War is at the gates of
the country; revolt is brewing outside the capital.
Some free and responsible
men and women are trying in vain to maintain an illusion of peace and progress
which will only be achieved within the framework of a democratic, multiparty
free system.
Peace has its price
and it is worth fighting for it .
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