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Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Djibouti (RATIFICATION: 2005)

Other comments on C144

Observation

Direct Request

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In its previous comments, the Committee noted the observations of the General Union of Djibouti Workers (UGTD) and the Labour Union of Djibouti (UDT), received on 4 May 2021. Despite its request in this regard, the Committee has not received the Government’s comments concerning the observations of the social partners. It therefore reiterates its request to the Government to provide its comments on the observations made jointly by the UGTD and UDT.

Articles 1 and 3(1) of the Convention. Participation of representative organizations. The Government once again reiterates that two draft texts, prepared in 2013, are in the process of being adopted. The first text is a draft decree establishing the definition of the different forms of trade union organizations and the criteria for representativeness. The second text is a draft order setting out the terms for the organization of occupational national elections. The Government recalls that these texts, established in consultation with the social partners, were referred in 2014 to the National Council for Labour, Employment and Social Security (CONTESS), which did not adopt them. CONTESS subsequently assigned the examination of the drafts to a standing tripartite committee but no consensus was reached. The Government indicates that, to break this stalemate, the Department of labour, employment and social security (DLESS) met with the Office in the margins of the International Labour Conference in June 2019. Following this meeting, the Office prepared a memorandum of technical comments on the draft decree. The Office recommended that the memorandum be communicated to the workers’ and employers’ organizations, within the framework of the revision process of the draft decree. The Government does not provide any information in this regard but once again states that it will inform the Office as soon as possible of any developments in the adoption of the above-mentioned draft decree and draft order. In the meantime, the Government indicates that it is sending written invitations to the “recognized” occupational organizations to freely designate their representatives but does not attach to its report a copy of this invitation or provide more detailed information on its application. The Government adds that there are two workers’ trade union confederations (the UGTD and UDT) and that the employers’ organizations (the National Confederation of Employers of Djibouti (CNED) and the Federation of Employers of Djibouti (FED)) merged on 26 December 2015 to form a single organization, the CNED. In this regard, the Government provides the records of a CNED general meeting held on 22 December 2015, showing that the CNED was in favour of a single employers’ union. The document does not refer, however, to a decision by the FED in this regard or to a merger with the FED. The Government states that it provided copies of its report to the following representative workers’ and employers’ organizations: the CNED, UDT and UGTD. With regard to the observations of the social partners, the Committee notes that the UGTD and UDT report Government interference in trade union affairs, as well as threats, arbitrary detention, unfair dismissals and punitive transfers of trade unionists. Further to its previous comment, the Committee notes with concern that the objective criteria for designating the most representative organizations and the procedures guaranteeing the free choice of their representatives in tripartite bodies has yet to be determined. As this is a situation that has persisted for many years, despite the technical assistance of the Office, the Committee urges the Government to adopt, as soon as possible and following effective consultation with the employers’ and workers’ organizations, the texts establishing the objective criteria for representativeness of these organizations, as well as the procedures guaranteeing the free choice of their representatives. The Committee requests the Government to provide detailed and up-to-date information on the measures taken to this end. In addition, regarding the merger between the CNED and FED, the Committee requests the Government to provide any decisions of the FED general meeting in this respect. If not available, the Committee requests the Government to provide information on any particular issues in the country that would explain why it did not provide its latest report to the FED. With regard to the observations of the UGTD and UDT, alleging Government interference in trade union affairs, as well as threats, arbitrary detention, unfair dismissals and punitive transfers of their representatives, the Committee refers to its comments on the application by Djibouti of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Articles 2 and 5. Tripartite consultations. Frequency and effectiveness of tripartite consultations. The Government indicates that CONTESS held tripartite consultations on the following dates: 27–28 November 2017, 14 January 2019, 27–28 October 2019 and 21 September 2020. The Government does not provide the records of these meetings, even though the Committee requested a copy in its previous comments. The Government provides details of the meeting agendas, which included discussion of draft texts on labour law, the adoption of an inter-occupational collective agreement and the ratification of ILO Conventions. In this respect, the Committee notes the adoption of the Bills ratifying the Instrument for the Amendment of the Constitution of the ILO, 1986, and the Maternity Protection Convention, 2000 (No. 183). With regard to the observations of the social partners, the Committee notes that the UGTD and UDT report that there are “clones” of the representative organizations that, notably, adopted the new Labour Code in 2006. They also allege that CONTESS is a fictional council, in which only “union alibis” are involved, which support the Government’s proposals. The UGTD and UDT add that CONTESS meets only rarely – once or twice every two years. They state that CONTESS “disappeared” for over ten years and “has recently been resuscitated in order to deceive the Office”. The Committee reminds the Government that, in accordance with Article 5(2) of the Convention, tripartite consultations must be undertaken at appropriate intervals fixed by agreement with the workers’ and employers’ representatives, but at least once a year. The Committee requests the Government to continue to provide detailed information on the frequency, content and outcome of the tripartite consultations held on each of the matters referred to in Article 5(1) of the Convention. It also reiterates its request to the Government to send copies of the records of CONTESS meetings. If it does not appear in the records, it requests the Government to provide detailed information on the composition of CONTESS. The Committee notes, with concern, the allegations of the UGTD and UDT concerning cloning of the representative organizations and the presence of “trade union alibis” in CONTESS. The Committee requests the Government to provide detailed information on how it ensures, in accordance with Article 2(1) of the Convention, effective consultations between the representatives of the employers and workers on all the matters referred to in Article 5(1) of the Convention. In particular, the Committee requests the Government to report the measures taken to avoid any identity theft of the representative organizations and their representatives during tripartite consultations.

Article 4. Training. The Government refers to the existence of a programme to strengthen social dialogue, as well as to several employment measures, especially for young people but does not, however, respond to the Committee’s request for updated information on the financing of the necessary training of participants in consultative procedures. With respect to the social partners, the Committee notes that the UGTD and UDT noted that the Government does not organize or finance any worthwhile training and prohibited training set up with the help of outside trade unions. The UGTD and UDT also report that it was impossible to attend any training sessions organized by the Office. The Committee reiterates its request to the Government to provide information on the appropriate arrangements made for the financing of any necessary training of participants in consultation procedures, in accordance with the Convention.

Technical assistance. The Committee notes the Government’s request to benefit from the assistance of the Office in the implementation of its programme to strengthen social dialogue. While hoping to be able to note progress in the area of tripartite consultation in the country shortly, the Committee confirms that the technical assistance of the Office remains available to the tripartite constituents, while underscoring that this assistance is defined by social dialogue.