Legal Framework
Islam is the religion of the state, according to the constitution. The constitution mandates the government respect all faiths and guarantees equality before the law, regardless of one’s religion. The law does not impose sanctions on those who do not observe Islamic teachings or who practice other religious beliefs. The constitution prohibits religiously based political parties.
It is illegal for any faith to proselytize in public.
The Ministry of Islamic and Cultural Affairs has authority over all Islamic matters and institutions, including mosques, religious events, and private Islamic schools. The Ministry of Islamic and Cultural Affairs and the Ministry of Education jointly oversee the school curricula and teacher certification of approximately 40 Islamic schools. The public school system is secular. Private schools run by religious organizations have the option to offer civic education courses based on Islam.
The president swears an Islamic religious oath.
Muslims may bring personal status matters such as marriage, divorce, and inheritance either to family courts, whose code includes elements of civil and Islamic law, or to civil courts. Civil courts address the same matters for non-Muslims. Citizens are officially considered Muslims if they do not specifically identify with another religious group. The family courts, referred to as sharia courts, have two stages. The complainant first brings their grievance to the neighborhood council (Qadi), which either issues a judgment or transmits the case to the family court. If the complainant is not satisfied with the decision of the Qadi or the family court, he or she may appeal to the court of first instance of the family court or the supreme Sharia Council.
The government requires all foreign and domestic non-Muslim religious groups to register by submitting an application to the Ministry of Interior, which conducts a lengthy background investigation of the group. The investigation reviews group leadership, religious affiliation, sources of finance, and the group’s objectives within the country. Ties to religious groups considered extremist, strong political agendas, and relations with unfriendly foreign nations are factors that could cause a group’s application to be rejected. Domestic and foreign Muslim religious groups must inform the High Islamic Council at the Ministry of Islamic and Cultural Affairs of their existence and intent to operate. Muslim and non-Muslim foreign religious groups must also gain approval from the Ministry of Foreign Affairs to operate in the country. Once approved, every foreign religious group signs a one-year agreement detailing the scope of its activities. Foreign religious groups must submit quarterly reports to the Ministry of Foreign Affairs and renew their agreements every year. The quarterly report details activities, origin of funding for activities, and scope of work completed, and it identifies beneficiaries. Non-Muslim religious groups may not operate in the interim while awaiting registration.
The country is a party to the International Covenant on Civil and Political Rights. The country has declared a reservation regarding proselytizing in open public spaces.
Government Practices
The Ministry of Islamic and Cultural Affairs continued its efforts to implement a 2014 decree executing a law on state control of mosques, which converted the status of imams, including refugee imams, to civil service employees of the ministry and transferred ownership of mosque properties and other assets to the government. The government completed implementation of the decree for all mosques in Djibouti City but had not done so in outlying regions due to financial constraints. In July the government announced its intention to give all registered religious leaders utilities subsidies for water and electricity. In August government officials reiterated a decree aimed at eliminating political activity from mosques, providing greater government oversight of mosque assets and activities, and countering foreign influence. Although imams remained under the direction of the government, mosques’ properties continued to be controlled by individual congregations, since the government department designated to manage these assets still was not operational. The ministry’s High Islamic Council continued to send instructions on and closely vetted all Friday prayer service sermons. The ministry disciplined one imam for criticizing the government over a salary dispute. During the year, however, the ministry reported no cases involving polarizing or political speech from imams, unlike the previous year.
The government continued to permit registered non-Islamic groups, including Catholic, Protestant, Greek Orthodox, and Ethiopian Orthodox churches, to operate freely, according to Christian leaders. Religious signage was permitted at the Catholic Church. Muslim citizens were permitted to enter Christian churches, although societal pressure discouraged conversion. There were no limitations on the importation of religious literature for registered non-Islamic groups. No other Christian groups and no non-Christian groups had legal recognition from the government. The government subsidized the cost of utilities at some church properties of registered non-Islamic groups, since it considered some church properties to be part of the national patrimony. Religious groups not registered with the government, such as Ethiopian Protestant and non-Sunni Muslim congregations, operated under the auspices of registered groups. Smaller groups, such as Jehovah’s Witnesses and Baha’is, were not registered with the government but operated privately without incident, according to Christian leaders. Observers stated these groups and other religious minorities hosted worship gatherings in private housing and usually at night, in part because of reduced police presence at that time. The groups coordinated loosely with the country’s security forces, which continued to impose curfews and noise restrictions.
The government continued to allow non-Islamic religious groups to host events and proselytize on the groups’ private property; in practice, groups refrained from proselytizing in public spaces, such as hotels or street corners, due to cultural sensitivities and the threat of government intervention. Government officials noted that any violation of the law forbidding public proselytizing would summon the police. The government continued to permit a limited number of Christian missionaries to sell religious books and pamphlets at a bookstore in Djibouti City.
The government continued to issue visas to foreign Islamic and non-Islamic clergy and missionaries but required they belong to registered religious groups before they could work in the country or operate nongovernmental organizations. The government required foreign religious leaders to regularize their status by purchasing a residency card for 24,000 Djiboutian francs ($140).
Local public schools continued to observe only Islamic holidays, but under the direction of the Ministry of Education, schools in refugee camps continued to permit students of other religious groups to miss class for their respective religious holidays. The ministry continued work on revising the national curriculum, including reforming civic and moral education courses to promote religious inclusivity.
In September the government began to introduce the new mandatory Civic and Moral Education curriculum, based on Islam, in public schools across the country.
In July the Ministry of Islamic and Cultural Affairs organized logistics for 1,500 individuals to undertake the pilgrimage to Mecca. As part of the official mandate, the ministry applied for visas, gathered information for health cards, including arranging vaccination appointments, and coordinated with travel agencies to organize food and lodging.
