Djibouti

Legal tradition

Djibouti belongs to the civil law with islamic and customary personal status tradition. A French-derived civil-law system operating alongside Islamic and customary law in family matters, in a state whose economy and legal practice are dominated by port and transit services. The Family Code of 2002 codified Muslim personal status, replacing the direct application of uncodified Sharia by qadis, while leaving religious courts a role in its administration. Commercial law follows the French model, and Djibouti has built a specialised offering around it: the Djibouti International Arbitration Centre and a free-zone regime aimed at making the country the legal as well as physical entrepôt for Ethiopian trade. Djibouti is not an OHADA member, so its commercial law is national rather than uniform.

How power is divided

Unitary, with five regions and the capital district. Regional councils were introduced by the decentralisation laws of 2002 and hold limited local competences; there is no legislative devolution.

Where law comes from

The Constitution

Supreme; reviewed by the Constitutional Council.

Legislation

Statutes of the National Assembly and ordinances of the President.

French-derived codes

Civil, commercial and procedural law retained and adapted since independence in 1977.

Family Code 2002

Codified Muslim personal status; applies to Muslims, with civil rules for others.

Customary law

Somali and Afar custom recognised in family and community dispute resolution.

The legal profession

A small avocat profession organised in a single bar in the capital, admitted on the French model after a law degree and professional training, frequently completed abroad. Notaries handle conveyancing and company formation. Judges are career appointments, and the limited size of the profession means many practitioners move between bench, bar and government service.