Djibouti Regulations

Here is the skinny on Djibouti and laws and regulations.  If someone tells you something other than what I am writing down here, I would say check out their motivates.

I have often heard it said that Djibouti is different, especially when it comes to the law.  I would agree Djibouti as a country is unique, but no more so than any country is unique to another.  This one happens to be no bigger than a large Texas county, and has fewer people than the City of Austin.  It is backward, with people who are generally less willing to work than most but expect to be paid.  The welfare mentality runs rampant.  There are exceptions to every rule, but very few exceptions can be found here.


Law:  This country's law is based on French law as it was written in 1977.  1977 is when Djibouti got its independence from France.  I am guessing that it was easier to just keep the law the same, versus trying to maker their own.

Now let us read that again.  The law in Djibouti is based upon French law as it was written in 1977.  What does that mean?  It means that there is fundamentally no difference in Djibouti law and western law.  Even the procedures are the same.  This applies to criminal, civil, and business law.

If you have a grasp on USA law then you understand Djibouti law.  Even the constitution is basically the same.

Now there is a separate legal system for family law that is based upon the Muslim and tribal traditions. The locals also have another legal system they will utilize, before formal court.  It is the tribal elders.  This system is enforceable by the normal legal system.

What is different is implementation.  Djibouti's governance is not so democratic, with few checks and balances.  The law is enforced based on who you know and what they think they can get from you, simple as that.  

Environmental law is a very good example.  It is impossible to find the codified environmental law for Djibouti, yet it exists.  How do I know that?  Well there is a Ministry of the Environment.  It is impossible, even for the crazy Djiboutians, to have a Ministry of Environment without there being some sort of guidance document, a legal one.  What they do is a mystery, because implementation of environmental protection is not on the forefront of the Djibouti mindset.  Although the capital city, essentially the whole population of the country lives here, has a huge huge issue with water quality (salinity and bacterial)  there are no active legal protections occurring for its primary water source.  The local power company is located near downtown and operates on bunker oil, air quality issue?

Now there was a huge court case against a western petroleum company for a oil spill at the port.  Of course there was, as the potential fine is in the millions of dollars; easy money.

Americans are viewed as rich, so the law is enforced strictly--against Americans.   The legal community is even more close knitted here than in most other places, because they have no place to go.  Yes, yes there is an exception to this rule as well.  These lawyers will charge triple their normal rate to represent an American.

The notary is a paperwork lawyer, and the advocate is a court room lawyer.  Both will rake a American over the coals, so be very careful.

From the military perceptive, as of the date of this blog there are no final governing standards.  For EHS this means that the Oversea Baseline Environment Guidance Document is the ruling document,
 but it is guidance not regulation.  The Djiboutian's are hands off when it comes to the US military base (Camp Lemonier), although they do have the right to enforce Djiboutian environmental law. Why don't they?  They are happy the American's pay millions for the right to use the base, moral of that lesson:  Money talks.

Answer to the Question:  There is no fundamental difference in law between Djibouti and the West.

Additional information.
Western businesses need to be aware that they are high visible terrorist targets.  Djibouti simply is not capable of providing any real security.  The US does not provide any support for businesses in Djibouti, other than to give phone numbers and web sites.

If you are small western business looking to do business in the Djiboutian economy the recommendation is don't do it.  Don't trust any 'in-country agent', don't trust the government, and certainly don't trust the legal system.  This is especially true if you don't have money to throw away.

If you are a large western business looking to do business in the Djiboutian economy the recommendation is to be very cautious.   Bring your own legal counsel to oversee any legal counsel you engage in Djibouti.

Never ever give any money in advance.