CMNT_TITLE

Minimum Age Convention, 1973 (No. 138) - Djibouti (RATIFICATION: 2005)

Other comments on C138

Observation

Direct Request

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Article 1 of the Convention and Part V of the report form. National policy to ensure the effective abolition of child labour and application of the Convention in practice. In its previous comments the Committee noted that, according to UNICEF, 8 per cent of children between 5 and 14 years of age in Djibouti are engaged in activities deemed to be work. The Government indicated that it hoped to conduct a national survey to obtain more accurate data at the next meeting of the National Labour, Employment and Vocational Training Council. The Committee further noted Djibouti’s Decent Work Country Programme (DWCP) 2008–12, which prioritized, inter alia, the improvement of conditions of work by promoting national and international labour standards, with a particular focus on child labour.

The Committee notes the Government’s indication that the National Council for Labour, Employment and Vocational Training has been replaced with the new National Council for Labour, Employment and Social Security (CONTESS), established by Decree No. 2012-273/PR/MTRA of 30 December 2012, to which the formalities for the national survey for obtaining more recent data will soon be submitted. The Government also indicates that, in the context of the DWCP, Djibouti has indeed given particular attention to child labour and that, in the wake of the technical cooperation evaluation mission with the ILO in March 2011, the Government has reiterated its commitment to implementing the DWCP. Moreover, the Committee notes that, according to the examination by the United Nations Human Rights Committee on 13 July 2012 of the report submitted by Djibouti under the International Covenant on Civil and Political Rights (CCPR/C/DJI/1, paragraph 243), the Government adopted the National Strategic Plan for Children in Djibouti (PSNED) for the 2011–15 period. The PSNED constitutes the reference document for all action by stakeholders endeavouring to establish a protective environment conducive to the observance of the fundamental rights of children and must secure to children the effective application of the provisions of international instruments relating to the rights of the child. The Committee requests the Government to provide information in its next report on the implementation of the DWCP and the PSNED and also on the results achieved regarding the progressive elimination of child labour. It further requests it to provide information on progress made in framing a national policy to combat child labour. Lastly, it requests the Government to take the necessary measures to ensure that the national survey and the studies on the extent and nature of child labour in Djibouti are conducted in the near future and that the results are then communicated to the Office.

Article 2(1). Scope of application. The Committee previously noted that, by virtue of section 1 of Act No. 133/AN/05/5ème issuing the Labour Code (hereinafter: Labour Code), the Labour Code applies to the employment relationship between workers and employers. Section 1 also defines a worker as anyone who has undertaken to place his occupational activity under the supervision and authority of another natural or legal person in return for remuneration. The Committee observed that this provision suggests that the Labour Code applies only to an employment relationship. It further noted that, according to the Government, the provision on the minimum age for access to work is observed in the formal sector but is not applied effectively in the informal economy. The Committee therefore reminded the Government that the Convention applies to all sectors of economic activity, whether formal or informal, and covers all types of employment or work whether or not it is performed on the basis of a subordinate employment relationship and whether or not it is remunerated.

The Committee notes the Government’s indication that new Act No. 199/AN/13/6ème, supplementing Act No. 212/AN/07/5ème establishing the National Social Security Fund, extends health-care benefits to all self-employed workers in the informal economy. However, the Committee also notes that the Government recognizes that the lack of structure in the informal economy prevents the identification of issues faced by young workers in the sector. The Committee requests the Government to take steps to ensure that the protection afforded by the Convention is secured to children under 16 years of age working in the informal economy, particularly by adapting and strengthening the labour inspectorate in order to improve labour inspectors’ capacity to identify cases of child labour. It requests the Government to provide information on this matter and also communicate the results achieved.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, according to section 4 of Act No. 96/AN/00/4ème setting out policy for Djibouti’s education system, the State guarantees education for children from the age of 6 to 16 years. However, the Committee noted that, according to UNICEF statistics, the net primary school enrolment rate was 37 per cent for boys and 30 per cent for girls for the years 2000–06. At secondary school level, the rates were 27 per cent for boys and 18 per cent for girls. The Committee therefore expressed its concern at the large number of children who are not enrolled in school in Djibouti.

The Committee notes the Government’s indication that the Djiboutian Multiple Indicator Survey (EDIM) of 2006 revealed a clear improvement in school enrolment in Djibouti. The net primary school enrolment rate for the country as a whole was 66.2 per cent in 2006 (66.7 per cent for boys and 65.7 per cent for girls). According to the 2009 UNICEF national report for Djibouti, there has also been an improvement in general secondary education, the net school enrolment rate having increased to 41 per cent in 2006 (44.1 per cent for boys and 37.8 per cent for girls). While taking note of the Government’s efforts and the results achieved with regard to school enrolment, the Committee notes the indication in the 2009 UNICEF national report that, despite these improvements, Djibouti still has a low school enrolment rate. Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to intensify its efforts and take measures that will ensure children’s participation in compulsory basic schooling or in an informal schooling system. It requests the Government to provide information on the measures taken to increase the school attendance rate, at both primary and secondary levels, so as to prevent children under 16 years of age from working. The Government is also requested to provide recent statistics on the primary and secondary school enrolment rates in Djibouti.

Article 3(1). Age of admission to hazardous work. The Committee previously noted that, according to section 112 of the Labour Code, women or young persons between 16 and 18 years of age may not be placed in employment recognized as being beyond their strength by an approved doctor at the request of a labour inspector. However, the Committee observed that the legislation does not appear expressly to establish, as Article 3(1) of the Convention requires, a minimum age of 18 years for any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons. Noting the lack of information on this matter in the Government’s report, the Committee again requests the Government to take the necessary measures to ensure that no person under 18 years of age, other than in the exceptional cases allowed by the Convention, shall be authorized to engage in hazardous work, in accordance with Article 3(1). It requests the Government to provide information in its next report on the progress made in this regard.

Article 3(2). Determination of hazardous types of work. The Committee previously noted that, according to section 110 of the Labour Code, the employment of young persons in domestic work, hotels and bars is strictly prohibited, with the exception of employment strictly in the area of catering. Furthermore, under section 111 of the Labour Code, an order adopted on the proposal of the Minister of Labour and the Minister of Health after consultation with the National Council for Labour, Employment and Vocational Training, shall determine the nature of the work and the categories of enterprise prohibited for women, pregnant women and young people, and the applicable minimum age. The Committee previously asked the Government to indicate whether any such order on jobs and enterprises prohibited for young people had been adopted and, if so, to provide a copy of it with its next report.

The Committee notes the Government’s indication that it has been unable to adopt the order in question for calendar-related reasons but that it undertakes to place the adoption of such an order on the agenda of the next CONTESS meeting. The Committee requests the Government to take the necessary steps to ensure that an order determining the nature of the work and the categories of enterprise prohibited for young people, and the applicable minimum age, is adopted under section 111 of the Labour Code in the near future.

Article 9(3). Employers’ registers. The Committee previously noted that section 209 of the Labour Code requires every employer to keep, at the place of work, an up-to-date register or any other document established in accordance with appropriate and modern procedures for the purpose of recording all such information as shall enable the competent labour services to carry out supervision. The Committee further noted that the same provision establishes that an order issued on the proposal of the Minister of Labour shall establish the content of the register or document and the conditions in which it must be kept available for the labour inspection services. The Committee reminded the Government that, according to Article 9(3) of the Convention, the registers that must be kept by the employer shall contain the names and ages, or dates of birth, duly certified wherever possible, of persons whom he employs or who work for him and who are under 18 years of age.

The Committee notes the Government’s indication that it undertakes to draw up an order, pursuant to section 209 of the Labour Code, that is in conformity with the terms of Article 9(3) of the Convention. The Committee requests the Government to take the necessary measures in the near future to adopt an order relating to employers’ registers that is in keeping with the principles set out above, and to provide information in its next report on any progress made in this regard.