Antiterrorist decree or draconian and repressive measures
Djibouti, December 9, 2015
Universal Declaration of Human Rights (Article 13)
“Everyone has the right to freedom of movement and residence within the borders of each state. “
1966 Covenant on Civil and Political Rights (Article 12)
“Everyone lawfully within the territory of a State has the right to movement and freedom to choose his residence. “
African Charter on Human and Peoples’ Rights (Article 12)
“Everyone has the right to freedom of movement and residence within the borders of each state, provided he abides by the law. ”
Djiboutian Constitution (Article 14)
“All citizens of the Republic have the right to move and settle freely throughout the territory of the Republic. This right may be restricted by law. No one shall be subjected to security measures except in cases provided by law. “
Yet, freedom of movement recognized by the Djibouti Constitution and in international instruments ratified by the Republic of Djibouti, was put under trusteeship since 25 November 2015. It is following a presidential decree signed November 25, 2015 and composed 5 products whose basic message was a response to “an exceptional situation terrorist risks to the entire international community …”, that the fundamental freedoms have been put on hold. Indeed, this decree is used by the power all the time field for limiting the freedom of movement of political opposition leaders and even ordinary citizens wanting to travel to the districts. Moreover, in the decree, it was never mentioned prohibition or suspension of any meeting or demonstration of a political or associative character.
The ultimate violation of freedom of movement was achieved when members of the opposition and the High Council USN were stopped, prevented, intimidated or assaulted by riot police at the entrance to the Ali Sabieh city of Thursday, December 3, 2015 and the next day it was around the town of Dikhil that the delegation of the USN, opposition coalition suffered the same treatment Friday, December 4, 2015.
In these two cities to prevent the holding of opposition rallies, an impressive security device was deployed in the streets to deter the population. The more adventurous were dispersed by force (tear gas, batons, …). Some opposition activists were arrested or assaulted before being released.
We are more than concerned about the confiscation of resources and staff of the state in state-party service even as we reduce in silence the opposition by an unprecedented coalition muzzling (prohibition of public assembly, suspension freedom of movement, …). The narrowing of any space of expression in the country would be a distraction that could jeopardize social peace.
The last statement of the spokesman of the government dated December 8, 2015 and broadcast on radio and television waves whose main objective was / is disqualified, discredit or denigrate … union opposition is not likely to create a climate conducive to social peace. It would be risky if not dangerous to disqualify and / or discredit in this way his political opponents a few months before the presidential election.
The ODDH remains concerned about the repeated violations of human rights and the bracketing of respect for human rights and democracy.
The ODDH is convinced that the only possible way to establish the rule of law and respect for democratic principles and human rights is respect for democratic values and the popular will.
The ODDH is convinced that the use of force will contribute to the deterioration of the situation and prevent the organization of credible presidential elections, transparent, and secure eased in 2016.
The ODDH challenges the National and International Community on the need to enforce the framework agreement for a final output of a political crisis that could be detrimental to the entire nation.
The ODDH called the ruling respect for the framework agreement signed by implementing democratic reforms to lay the foundations of a genuine rule of law
Acting for democracy, dignity and justice
Farah Abdillahi Miguil