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National Constitutional provisions – Djibouti

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

The Constitution of Djibouti 4 September 1992

 

EDUCATION

 

The Constitution includes human rights guarantees, but not the right to education.

 

 

 

EQUALITY

 

Article  1

The state of Djibouti shall be a democratic sovereign Republic, one and indivisible. It shall

ensure the equality of all citizens before the law, without distinction as to origin, race, sex or

religion. It shall respect all beliefs. […]

 

Article 18

An alien lawfully in the national territory shall enjoy the protection of the law in respect of his person and his property.

 

CITIZENSHIP

 

Article 3

The Republic of Djibouti shall comprise all persons whom it recognises as members and who accept its duties, without distinction of language, race, sex or religion. National sovereignty shall belong to the Djiboutian people, who shall exercise this sovereignty through its representatives and by way of referendum. No fraction of the people nor any individual may assume the exercise thereof. No one may be arbitrarily deprived of the status of member of the national community.

 

Article 19

The state shall protect the lawful rights and interests of Djiboutian citizens abroad.

 

LANGUAGE

 

Article  1

.[…] Its official languages shall be Arabic and French.

 

RELIGION

 

Article 11

Everyone shall have the right to freedom of thought, conscience, religion, worship and opinion in conformity with the order established by law and the regulations.