Practice Relating to Rule 159. Amnesty
Section A. Amnesty for participation in non-international armed conflicts
Djibouti’s Law on Amnesty (1995), referring in its preamble to “the Agreement on Peace and Reconciliation of 26 December 1994 and in particular its Article VII”, states: “The combatants and soldiers of the FRUD [Front for the Restoration of Unity and Democracy] are amnestied for acts committed before 12 June 1994.”
Djibouti’s Law on General Amnesty (1996), referring in its preamble to “the Agreement on Peace and Reconciliation of 26 December 1994 and in particular its Article VII”, states: “All members of Djibouti’s armed forces, irrespective of whether they have participated in armed operations, are amnestied for offences committed before 12 June 1994.”
Djibouti’s Law on Amnesty (2000), referring in its preamble to “the peace agreement signed between the Government of the Republic of Djibouti and the Representative of elements of the armed FRUD [Front for the Restoration of Unity and Democracy] of 7 February 2000”, states: “The combatants and exiled of the armed FRUD are amnestied for offences committed before the date of 7 February 2000.”
In 1994, Djibouti concluded the Agreement on Peace and National Reconciliation with the Front for the Restoration of Unity and Democracy (Front pour la Restauration de l’Unité et de la Démocratie – FRUD), which provides:
[H]aving conducted a profound analysis of all questions, roots and causes of the armed conflict and the crisis, noting all the disastrous consequences brought about by the war;
The exiled combatants and soldiers of FRUD are granted amnesty without exception for the acts committed before 12 June 1994, and they shall regain all their civil rights. Their safety is guaranteed by the State.
In 2010, in its initial report to the Committee against Torture, Djibouti stated:
46. Following independence in 1977, Djibouti experienced a difficult period of internal tension, which led to a visible, steady rise in violations of human rights and individual freedoms. This state of affairs reached its height during the civil war between government forces and the armed opposition of the Front pour la restauration de l’unité et de la démocratie [Front for the Restoration of Unity and Democracy] (FRUD).
47. With the signing of [the] peace agreement between the warring parties in 1994 and again in 2001, the human rights situation improved dramatically. …
49. … Djibouti has … adopted a number of laws … These include the law declaring amnesty for acts other than droit commun
offences committed between 1994 and the date of the law’s promulgation … Many … demobilized FRUD combatants have benefited from this legislation.
In 2016, in its combined initial and second periodic reports to the Committee on the Elimination of Racial Discrimination, Djibouti stated:
34. The Republic of Djibouti’s peaceful history was tarnished by a brief difficult period of internal armed conflict between 1991 and 1994.
40. The conflict, which had a disastrous effect on the national economy and caused widespread destruction, mostly in the north of the country, ended with the signing of two peace agreements.
41. The Aba’a peace and national reconciliation agreement of 26 December 1994 between the dissident wing of FRUD [Front for the Restoration of Unity and Democracy] and the Government signalled the end of armed conflict and a return to peace. The combatants were amnestied and returned to their civilian and military occupations. The public infrastructure destroyed by the conflict was rebuilt (hospitals and dispensaries, schools, water and electricity supply systems, and basic administrative services).