[ Human Trafficking, Country-by-Country ]

DJIBOUTI (Tier 3) – Extracted in part from the U.S. State Dept 2023 TIP Report

The Government of Djibouti does not fully meet the minimum standards for the elimination of trafficking and is not making significant efforts to do so, even considering the impact of the COVID-19 pandemic, if any, on its anti-trafficking capacity; therefore Djibouti was downgraded to Tier 3. Despite the lack of significant efforts, the government took some steps to address trafficking, including partnering with an international organization and foreign donors to establish a shelter for adult trafficking victims; partnering with the same international organization to validate an NRM to refer potential trafficking victims to care; referring one potential victim to services; and signing a presidential decree mandating a national coordinating body to combat trafficking. However, the government did not report investigating or prosecuting trafficking cases and did not convict any traffickers for the sixth consecutive year. Despite participating in anti-trafficking trainings, prosecutors reportedly dropped trafficking charges and reclassified cases of trafficking as other crimes with lower penalties, and judges continued to use outdated versions of the penal code that did not incorporate updates from the trafficking provisions in the 2016 anti-trafficking law. The government did not formally identify any trafficking victims for the fourth consecutive year, and protection services available to trafficking victims remained limited. The government lacked an operational task force to coordinate anti-trafficking efforts and did not draft a new NAP after its previous NAP expired in 2022. Efforts to investigate and prosecute trafficking crimes within the country’s borders, including domestic servitude, forced begging, and child sex trafficking, remained negligible. Many officials considered human trafficking only as a migration-related crime, and some officials continued to deny the existence of sex and labor trafficking in Djibouti.

Prioritized Recommendations

Increase efforts to investigate and prosecute traffickers, and seek adequate penalties for convicted traffickers, including allegedly complicit officials, which should include significant prison terms, in accordance with the trafficking provisions in the 2016 anti-trafficking law.

Systematically and proactively identify trafficking victims, including by screening vulnerable populations – such as refugees, asylum-seekers, individuals involved in commercial sex, transiting migrants, and Cuban medical professionals – and refer all identified trafficking victims to appropriate care.

Increase judicial officials’ awareness of the trafficking provisions in the 2016 anti-trafficking law, including by providing training for judges on trafficking crimes and ensuring the penal code on the judges’ bench includes the 2016 anti-trafficking law.

Establish, operationalize, and disburse funding to the National Committee to Combat Trafficking in Persons and Similar Practices.

Develop and finalize an updated NAP to combat trafficking and allocate resources to its implementation.

Provide specific anti-trafficking training to law enforcement officials, labor inspectors, prosecutors, and magistrates to improve case investigation, victim identification, and referral of victims to appropriate care.

Strengthen protection services for trafficking victims, including by providing specialized services to trafficking victims and providing funding or in-kind assistance to NGOs and international organizations providing protection services.

Increase anti-trafficking training for police, prosecutors, and judges on strong evidence gathering, the use of non-testimonial evidence to corroborate victim testimony, the irrelevance of a victim’s initial consent when proving a trafficking crime, victim-centered investigations, and the distinctions between human trafficking and migrant smuggling.

Strengthen the partnership between police and prosecutors to more efficiently and effectively prosecute trafficking cases.

Increase awareness of all forms of human trafficking, including domestic servitude and forced child begging, among the public through government-run campaigns or provide financial or in-kind support for NGO-run campaigns.

Improve nationwide data collection and coordination on anti-trafficking law enforcement and victim identification efforts, including a method to disaggregate data between human trafficking crimes and other crimes, such as migrant smuggling.