Our Stakeholder report to Djibouti’s Universal Periodic Review, led by Dr Amna Nazir, makes specific recommendations to the government regarding child, early and forced marriage.
Researchers
Consultancy background
This Stakeholder Report focuses upon child, early and forced marriage and makes recommendations to the Government of Djibouti on this key issue, implementation of which would see Djibouti move towards achieving Sustainable Development Goals 4 and 5 which aim for “gender equality and empowering all women and girls” and “inclusive and equitable quality education and promote lifelong learning opportunities for all.”
On 23 August 2023, the UN’s Office of the High Commissioner for Human Rights published its Stakeholder Summary Report for Djibouti, which cited the Stakeholder Report submitted by UPR Project at BCU:
“The UPR Project at BCU recommended to (i) repeal Article 14 of the 2002 Family Code which permits marriage below the age of 18 subject to the consent of a guardian; (ii) Adopt a policy that clearly defines marriage as a union between two consenting adults and prohibits Child, Early and Forced Marriage (CEFM) without exception, in line with Article 16 CEDAW.” (Para 13)
“The UPR Project at BCU noted that, unlike other countries in the region, Djibouti, lacks a National Action Plan (NAP) to deal with CEFM. The adoption of a NAP can provide an integrated vision and clear direction to all sectors, at various levels, involved in addressing CEFM in Djibouti. The NAP should identify clear national goals, objectives, strategies and key interventions across different sectors in order to help Djibouti adopt an incremental approach to the elimination of the practice. Furthermore, a NAP will ensure effective coordination of the various initiatives to end child marriage. There is an increased need for collaboration, learning, and sharing of best practices amongst the different actors involved in preventing and responding to CEFM. This includes government, parliament, media, civil society, development partners and the private sector. It recommended to establish a National Action Plan to End Child Marriage in Djibouti. This includes regular monitoring and tracking of progress against targets set under the Plan.” (Para 18)
“The UPR Project at BCU noted that the deleterious impact of COVID-19 amplified and compounded gender norms that hinder girls’ school attendance, risk of child marriage, early pregnancy, gender-based violence, sexual exploitation, and child labour. It recommended to adopt a COVID-19 response strategy that extends beyond health and prioritises the prevention and elimination of CEFM, paying particular attention to the impact of COVID-19 on vulnerable adolescents, girls, and women.” (Para 45)
“The UPR Project at Birmingham City University (BCU) noted that Article 13 of Djibouti’s Family Code 2002 establishes the minimum legal age of marriage at 18 years old. However, under Article 14, marriage below the age of 18 is allowed subject to guardian consent or, failing that, the authorisation of a judge. 5% of girls in Djibouti are married before reaching the age of 18, and 1% before the age of 15. CEFM is more prevalent in rural parts of the country and districts outside the capital. The UPR Project at BCU recommended to repeal Article 14 of the 2002 Family Code which permits marriage below the age of 18 subject to the consent of a guardian and to adopt policy that clearly defines marriage as a union between two consenting adults and prohibits CEFM without exception, in line with Article 16 CEDAW. It also recommended to conduct, in consultation with relevant stakeholders, awareness raising and education programmes aimed at addressing the negative implications of CEFM and how to effectively address the issue. These should be targeted at community and religious leaders.” (Para 51)
The outcome of the review was published on 20 December 2023 in the Report of the Working Group. The following relevant recommendations were made to Djibouti:
Establish a national action plan to end child marriage. Recommending state: Gambia (139.82); Morocco (139.83); Malawi (139.89); Uganda (139.195); Burkina Faso (139.223); Angola (139.237); Costa Rica (139.81)
Continue efforts towards the abolishment of child, early and forced marriage. Recommending state: Nepal (139.84); Gabon (139.88); Malawi (139.89); Sierra Leone (139.92); Uganda (139.195); Burkina Faso (139.223); Angola (139.237)
Prohibit guardians and judges from consenting to marriages of persons under the age of 18. Recommending state: Spain (139.86)
These Member State recommendations are consistent with the categories of recommendations identified in the UPR Project at BCU’s Stakeholder Report for Djibouti’s UPR.
About the UPR Project at BCU
The Centre for Human Rights (CHR) has been engaging with the Universal Periodic Review (UPR) since 2016. Under the auspice of the Human Rights Council, the UPR is an intergovernmental process providing a review of the human rights record of all Member States.
Through the UPR Project at BCU, the CHR we engage with the UPR through taking part in the UPR Pre-sessions, providing capacity building for UPR stakeholders and National Human Rights Institutions, and the filing of stakeholder reports in selected sessions. The UPR Project is designed to help meet the challenges facing the safeguarding of human rights around the world, and to help ensure that UPR recommendations are translated into domestic legal change in member state parliaments.
We fully support the UPR ethos of encouraging the sharing of best practice globally to protect everyone's human rights. The UPR Project at BCU engages with the UPR regularly as a stakeholder, having submitted numerous reports and been cited by the OHCHR.