Constitution of the Republic of Djibouti, 1992 (as amended), Inviolability of the secrecy of correspondence and communications, and freedom of expression
dj-const-privacy · Act
The 1992 Constitution of the Republic of Djibouti (as amended) provides the constitutional basis for communications privacy and expression in Djibouti. Its privacy guarantee provides that the secrecy of correspondence and of all other means of communication is inviolable, subject only to restrictions made applicable by law, language that, by referring to 'all other means of communication', reaches telephone, electronic and internet communications. The Constitution also recognises freedom of thought, conscience, opinion and expression within the framework established by law. For the Digital Rights collection, the privacy guarantee satisfies the inclusion bar on the first limb: it contains express secrecy-of-communications language broad enough to encompass digital communications. Inclusion rests on this textual specificity rather than on decided digital constitutional cases, which are not documented in Djibouti's largely executive-controlled legal environment. The provision is the constitutional backdrop to Djibouti's Code du numérique (Digital Code, 2025), which now carries the country's data-protection and cybercrime provisions. The practical strength of the guarantee should not be overstated, and this entry is candid about that. Djibouti is consistently ranked among the most restrictive environments for press freedom in the region: state bodies dominate the media landscape, the law on freedom of communication imposes criminal penalties for media offences and restrictive conditions on establishing outlets, and independent online media operate under significant pressure. The constitutional secrecy-of-communications guarantee is expressly subject to legislative restriction, and there is no effective independent oversight of surveillance or interception. This entry is a constitutional provision recorded as an Act with its constitutional character made explicit. It is cross-referenced to Djibouti's Code du numérique. Beyond the constitutional guarantee and the Digital Code, dedicated digital-rights legislation in Djibouti is sparse, and this is reported honestly; no prominent, well-documented internet-shutdown episode in Djibouti was identified for this batch.
- Secrecy of correspondence and of 'all other means of communication' declared inviolable, reaching telephone, electronic and internet communications
- Guarantee expressly subject to restrictions made applicable by law
- Constitution recognises freedom of thought, opinion and expression within the framework of the law
- Constitutional backdrop to the Code du numérique (Digital Code, 2025) carrying data-protection and cybercrime provisions
- Highly restrictive press-freedom environment; communications law imposes criminal penalties; no effective independent surveillance oversight
- Inclusion justified on limb (a): express secrecy-of-communications language; no prominent shutdown episode identified