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Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Djibouti (RATIFICATION: 1978)

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition
Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee notes the Government’s communication, in response to the allegations made in 2019 by the Labour Union of Djibouti (UDT) and the General Union of Djibouti Workers (UGTD), and by Education International (EI), concerning the persistence of anti-union discrimination in the education and rail transport sectors. The Committee notes in particular the Government’s indication that decisions must be taken to discontinue criminal proceedings against the teachers who had been arrested in 2019 in the context of the case of the Baccalaureate exams, and that most of the railway workers concerned following the 2019 social conflict have been reintegrated into their posts. With regard to the transfers described as “punitive”, concerning the leaders of the teachers’ trade unions, the Government denies the allegations, however. Noting that the information brought to its knowledge does not provide a definitive reply to all the allegations presented by EI, UDT and UGTD, and recalling the obligation, under the terms of the Convention, to ensure that workers are adequately protected against anti-union discrimination, the Committee requests the Government to take the measures required to ensure full respect of Article 1 of the Convention in the above-mentioned activity sectors.
Article 4. Right of collective bargaining in practice. The Committee notes the information provided by the Government in its report concerning the draft inter-occupational collective agreement, which was examined and approved unanimously in September 2020, by the members of the National Council for Labour, Employment and Social Security (CONTESS). The Committee requests the Government to provide information on any developments in this regard, and on the total number of collective agreements signed and in force in the country, the sectors concerned and the number of workers covered by these agreements.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee notes the Government’s communication, in response to the allegations made in 2019 by the Labour Union of Djibouti (UDT) and the General Union of Djibouti Workers (UGTD), and by Education International (EI), concerning the persistence of anti-union discrimination in the education and rail transport sectors. The Committee notes in particular the Government’s indication that decisions must be taken to discontinue criminal proceedings against the teachers who had been arrested in 2019 in the context of the case of the Baccalaureate exams, and that most of the railway workers concerned following the 2019 social conflict have been reintegrated into their posts. With regard to the transfers described as “punitive”, concerning the leaders of the teachers’ trade unions, the Government denies the allegations, however. Noting that the information brought to its knowledge does not provide a definitive reply to all the allegations presented by EI, UDT and UGTD, and recalling the obligation, under the terms of the Convention, to ensure that workers are adequately protected against anti-union discrimination, the Committee requests the Government to take the measures required to ensure full respect of Article 1 of the Convention in the above-mentioned activity sectors.

Article 4. Right of collective bargaining in practice. The Committee notes the information provided by the Government in its report concerning the draft inter-occupational collective agreement, which was examined and approved unanimously in September 2020, by the members of the National Council for Labour, Employment and Social Security (CONTESS). The Committee requests the Government to provide information on any developments in this regard, and on the total number of collective agreements signed and in force in the country, the sectors concerned and the number of workers covered by these agreements.

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The Committee notes the observations of the General Union of Djibouti Workers (UGTD) and the Labour Union of Djibouti (UDT), received on 11 May 2021, denouncing the persistence of anti-union discrimination and interference against them and their affiliated organizations in the education and rail transport sectors. The Committee requests the Government to provide its comments in this respect.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

The Committee notes the observations of the General Union of Djibouti Workers (UGTD) and the Labour Union of Djibouti (UDT), received on 23 August 2019, and of Education International (EI), received on 20 September 2013, containing allegations of anti-union discrimination. The Committee requests the Government to provide its comments in this respect.

Right to collective bargaining in practice. The Committee requests the Government to provide full information on the number of agreements concluded in the country, the sectors concerned and the number of workers covered.

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The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the observations of the General Union of Djibouti Workers (UGTD) and the Labour Union of Djibouti (UDT), received on 23 August 2019, and of Education International (EI), received on 20 September 2013, containing allegations of anti-union discrimination. The Committee requests the Government to provide its comments in this respect.

Right to collective bargaining in practice. The Committee requests the Government to provide full information on the number of agreements concluded in the country, the sectors concerned and the number of workers covered.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

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Right to collective bargaining in practice. The Committee requests the Government to provide full information on the number of agreements concluded in the country, the sectors concerned and the number of workers covered.

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The Committee had previously noted the observations jointly submitted by Education International (EI), the Trade Union of Middle and High School Teachers of Djibouti (SPCLD) and the Trade Union of Primary School Teachers (SEP) in a communication received on 10 September 2014 which denounced the harassment, arbitrary transfers and dismissals of teachers belonging to a trade union. The Committee also took note of the Government’s reply denying these allegations. Recalling that EI and the SEP submitted a complaint on the same allegations to the Committee on Freedom of Association in February 2014, the Committee refers to the recommendations formulated in March 2015 by the Committee on Freedom of Association concerning this case (Case No. 3058, 374th Report) and urges the Government to implement these recommendations.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

In general, the Committee notes with concern that some trade union organizations are still finding it difficult to exercise their trade union activities without interference. Recalling the obligation under the Convention to guarantee that workers enjoy adequate protection against acts of anti-union discrimination (Article 1 of the Convention) and to ensure that workers’ and employers’ organizations enjoy adequate protection against any acts of interference (Article 2), the Committee firmly requests the Government to take all necessary measures to ensure the full respect of these obligations for all the trade union organizations operating in the country.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee notes the observations submitted by the International Trade Union Confederation (ITUC) on 1 September 2014 concerning persistent acts of anti-union discrimination, including dismissals, against members of the Labour Union of Djibouti (UDT) and the General Union of Djibouti Workers (UGTD). The Committee notes that the Government’s reply, in the main, denies the allegations. Furthermore, the Committee takes note of the observations jointly submitted by Education International (EI), the Trade Union of Middle and High School Teachers of Djibouti (SPCLD) and the Trade Union of Primary School Teachers (SEP) in a communication received on 10 September 2014, which denounces the harassment, arbitrary transfers and dismissals of teachers belonging to a trade union. The Committee also takes note of the Government’s reply denying these allegations. In this respect, the Committee notes that the IE and SEP submitted a complaint on the same allegations to the Committee on Freedom of Association in February 2014 and that the complaint will be examined in the near future.

In general, the Committee notes with concern that some trade union organizations are still finding it difficult to exercise their trade union activities without interference. Recalling the obligation under the Convention to guarantee that workers enjoy adequate protection against acts of anti-union discrimination (Article 1 of the Convention) and to ensure that workers’ and employers’ organizations enjoy adequate protection against any acts of interference (Article 2), the Committee firmly requests the Government to take all necessary measures to ensure the full respect of these obligations for all the trade union organizations operating in the country.

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Article 4 of the Convention. Development of machinery for voluntary negotiation of collective agreements. The Committee notes the information that the draft decree on the conditions for the organization and operation of the National Joint Committee on Collective Agreements and Wages, provided for in section 282 of the Labour Code, will shortly be submitted to the National Council for Labour, Employment and Social Security (CONTESS), and that the Government will report its adoption. The Committee requests the Government to send a copy of the decree as soon as it has been adopted and to provide information in its next report on the activities undertaken by the National Joint Committee on Collective Agreements and Wages.

The Committee notes the information that the CONTESS, established by Decree No. 2012-273/PR/MTRA of 30 December 2012, is a tripartite body which currently plays a major role in collective bargaining procedures, particularly at a time when all collective agreements and enterprise agreements are being renegotiated following the adoption of the 2006 Labour Code. The Committee requests the Government to send a copy of the Decree of 2012 to establish CONTESS, and to provide information in its next report on the latter’s activities relating to the negotiation of collective agreements.

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Articles 1 and 2 of the Convention. Protection in practice against acts of anti union discrimination and interference. The Committee notes the comments of 30 August 2013 by the International Trade Union Confederation (ITUC) reporting persistent acts of anti-union discrimination against leaders of the Labour Union of Djibouti (UDT) and anti-union dismissals of members of a dockworkers’ union. In its previous comments, the Committee took note of comments received from the ITUC, the UDT and the General Union of Djibouti Workers (UGTD) reporting dismissals and acts of anti-union discrimination and interference in the postal sector and other sectors. The Committee observes that the Government merely reiterates the legislative provisions prohibiting and penalizing anti-union practices and refers to acts of discrimination that have already been examined by the Committee on Freedom of Association. The Committee therefore urges the Government to send its observations in reply to the serious allegations regarding the situation in the ports and postal sectors, and in particular on the situation of the UDT and its leaders, indicating inter alia any enquiries conducted by the authorities and their results.

More generally, the Committee notes with concern that according to comments received from the trade union organizations, some unions in the country are still facing serious impediments to the exercise of their trade union rights. The Committee again emphasizes that, under the Convention, the Government has a duty to ensure that workers enjoy adequate protection against acts of anti-union discrimination (Article 1 of the Convention) and to ensure that workers’ and employers’ organizations enjoy adequate protection against any acts of interference (Article 2). The Committee urges the Government to take all suitable measures to ensure such protection.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition
Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. In its previous comments, the Committee noted the comments contained in the communications from the Labour Union of Djibouti (UDT), the General Union of Djibouti Workers (UGDT) and the International Trade Union Confederation (ITUC), received between 2005–07, which denounced dismissals, acts of discrimination and anti-union interference in the postal and other sectors. In this respect, the Committee had requested the Government to order without delay an independent inquiry into the alleged acts. It had noted that in its report of 2008, the Government had indicated that the matter had been the subject of in-depth discussions with the direct contacts mission visiting Djibouti in 2008, which had encouraged all the parties to bring an end to the disputes. The Government had further stated that it would provide information on developments in the situation. The Committee had also noted the comments of the ITUC, dated 26 August 2009, indicating that the ILO Mission to Djibouti had offered some hope of an opening, but that the commitments made on that occasion by the Government, including those relating to the reinstatement of workers and trade unionists who suffered abusive dismissal, have not been given effect. The ITUC also denounced the pressure exerted on the Postal Union, which had had to establish a new executive committee. However, the management had interrupted the check-off of workers’ trade union dues, thereby preventing the union from defending the rights of postal workers. The Committee notes with regret that the Government has not provided any information on the points raised for many years by the UDT, UGDT and ITUC. The Committee once again urges the Government to provide its observations in reply to the comments on the situation in the postal and other sectors and to specify any cases in which penalties established by the law have been imposed following violations of the rights set out in the Convention.
The Committee notes the comments of the ITUC, dated 31 August 2011, denouncing once again acts of anti-union discrimination and interference. The ITUC also denounces the fact that in October 2009, the preparatory work for the fourth UDT Congress was disrupted by the police who sent all the participants away and arrested a number of members of the UDT Executive, subjecting them to interrogation. Apart from these acts of interference, the ITUC also denounces the fact that the passport of the UDT Secretary-General has still not been returned after it was confiscated in December 2010, which prevents him from fulfilling his commitments of representation at regional and international levels; that the UDT headquarters has been broken into on numerous occasions; that its bank account was frozen and then cancelled; and that its letter box is still confiscated. The Committee notes that most of the facts reported in the ITUC’s communication are contained in a complaint being examined by the Committee on Freedom of Association (Case No. 2753).
The Committee notes with concern that the trade union situation seems to be deteriorating and firmly recalls the obligation under the Convention to guarantee workers adequate protection against acts of anti-union discrimination (Article 1 of the Convention) and to ensure adequate protection to workers’ and employers’ organizations against any acts of interference (Article 2). The Committee requests the Government to provide its observations in reply to the communication from the ITUC, and to take measures to ensure the trade union rights of the UDT and its officials.
Article 4. Promotion of collective bargaining. The Committee also once again requests the Government to provide a copy of the Decree envisaged under section 282 of the Labour Code, establishing the structure and procedures of the National Joint Committee on Collective Agreements and Wages, and any other relevant information on its work.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Finally, the Committee notes the ITUC’s comments dated 31 July 2012 which are dealt with in the observation concerning the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

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The Committee notes with regret that the Government’s report has not been received.

Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. In its previous comments, the Committee noted the comments contained in the communications from the Labour Union of Djibouti (UDT), the General Union of Djibouti Workers (UGDT) and the International Trade Union Confederation (ITUC), received between 2005–07, which denounced dismissals, acts of discrimination and anti-union interference in the postal and other sectors. In this respect, the Committee had requested the Government to order without delay an independent inquiry into the alleged acts. It had noted that in its report of 2008, the Government had indicated that the matter had been the subject of in-depth discussions with the direct contacts mission visiting Djibouti in 2008, which had encouraged all the parties to bring an end to the disputes. The Government had further stated that it would provide information on developments in the situation. The Committee had also noted the comments of the ITUC, dated 26 August 2009, indicating that the ILO Mission to Djibouti had offered some hope of an opening, but that the commitments made on that occasion by the Government, including those relating to the reinstatement of workers and trade unionists who suffered abusive dismissal, have not been given effect. The ITUC also denounced the pressure exerted on the Postal Union, which had had to establish a new executive committee. However, the management had interrupted the check-off of workers’ trade union dues, thereby preventing the union from defending the rights of postal workers. The Committee notes with regret that the Government has not provided any information on the points raised for many years by the UDT, UGDT and ITUC. The Committee once again urges the Government to provide its observations in reply to the comments on the situation in the postal and other sectors and to specify any cases in which penalties established by the law have been imposed following violations of the rights set out in the Convention.

The Committee notes the comments of the ITUC, dated 31 August 2011, denouncing once again acts of anti-union discrimination and interference. The ITUC also denounces the fact that in October 2009, the preparatory work for the fourth UDT Congress was disrupted by the police who sent all the participants away and arrested a number of members of the UDT Executive, subjecting them to interrogation. Apart from these acts of interference, the ITUC also denounces the fact that the passport of the UDT Secretary-General has still not been returned after it was confiscated in December 2010, which prevents him from fulfilling his commitments of representation at regional and international levels; that the UDT headquarters has been broken into on numerous occasions; that its bank account was frozen and then cancelled; and that its letter box is still confiscated. The Committee notes that most of the facts reported in the ITUC’s communication are contained in a complaint being examined by the Committee on Freedom of Association (Case No. 2753).

The Committee notes with concern that the trade union situation seems to be deteriorating and firmly recalls the obligation under the Convention to guarantee workers adequate protection against acts of anti-union discrimination (Article 1 of the Convention) and to ensure adequate protection to workers’ and employers’ organizations against any acts of interference (Article 2). The Committee requests the Government to provide its observations in reply to the communication from the ITUC, and to take measures to ensure the trade union rights of the UDT and its officials.

Article 4. Promotion of collective bargaining. The Committee also once again requests the Government to provide a copy of the Decree envisaged under section 282 of the Labour Code, establishing the structure and procedures of the National Joint Committee on Collective Agreements and Wages, and any other relevant information on its work.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous comments, the Committee noted the comments contained in the communications from the Labour Union of Djibouti (UDT), the General Union of Djibouti Workers (UGTD) and the International Trade Union Confederation (ITUC), received between 2005 and 2007 denouncing dismissals and acts of discrimination and anti-union interference in the postal and other sectors. In this respect, the Committee requested the Government to order without delay an independent investigation into the alleged acts. The Committee notes that, in a report of May 2008, the Government indicates that the matter was the subject of in-depth discussions with the direct contacts mission which visited Djibouti in 2008, which encouraged all the parties to bring an end to the disputes. The Government also indicated that it would provide information on developments in the situation. The Committee, observing that the Government has not provided any information since then, requests it to indicate the cases referred to which have been resolved and to specify the cases in which the penalties established by the law were imposed when violations of the rights set out in the Convention were found to have been committed.

The Committee notes the comments of the ITUC, dated 26 August 2009, indicating that the ILO mission to Djibouti in January 2008 had offered some hope of an opening, but that the commitments made on that occasion by the Government, including those relating to the reinstatement of workers and trade unionists who suffered abusive dismissal, have not been given effect. The ITUC also denounces the pressure exerted on the Postal Union. Following the dismissal of its Secretary-General and the defection of two members of its executive board, the union had to establish a new executive board headed by Abdourahman Ali Omar, who had been reinstated in his job following suspension. However, the management interrupted the check-off of workers’ trade union dues, thereby preventing the union from defending the rights of postal workers. The Committee notes with concern the deterioration in the situation in the postal sector and urges the Government to provide its observations in reply to the ITUC’s comments.

The Committee also once again requests the Government to provide a copy of the Decree envisaged under section 282 of the Labour Code, establishing the structure and procedures of the National Joint Committee on Collective Agreements and Wages, and any relevant information on its work.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes that the Government’s report has not been received.

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The Committee notes the Government’s report and the comments from the International Trade Union Confederation (ITUC), the Labour Union of Djibouti (UDT) and the General Workers’ Union of Djibouti (UGTD) regarding the anti-union dismissal of numerous trade union leaders and members and concerning acts of anti-union interference.

The Committee once again notes with regret that the Government has not provided any reply to the comments. The Committee reminds the Government that it has the responsibility to prevent all acts of anti-union discrimination and ensure that complaints regarding discriminatory practices of this nature are examined according to a procedure which must be prompt, impartial and considered as such by the parties concerned. The Committee therefore requests the Government once again to order without delay an independent investigation into the anti-union dismissals and acts of discrimination and interference referred to in the communications from the ITUC, UDT and UGTD, and ensure that the measures and penalties laid down by the legislation are applied if violations of the rights established by the Convention are proven.

The Committee notes the adoption of Act No. 133/AN/05/5th L of 28 January 2006 issuing the Labour Code. It notes that the Labour Code prohibits anti-union discrimination and interference and lays down significant penalties (section 290 of the Code). The Committee also notes the establishment, under sections 280–282 of the Code, of the Joint National Committee on Collective Agreements and Wages, the duties of which include issuing opinions and making recommendations with regard to collective labour agreements (section 280 of the Code). The Committee requests the Government to send a copy of the Decree establishing the structure and procedures of the Joint National Committee on Collective Agreements and Wages and also any relevant information on its work.

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The Committee notes with regret that the Government’s report has not been received. It hopes that the Government will send a report for examination by the Committee at its next session.

The Committee regrets that the Government has not responded to the comments of 2005 and 2006 by the International Confederation of Free Trade Unions (ICFTU), the Djibouti Labour Union (UDT) and the General Union of Workers of Djibouti (CUGTD) on the application of the Convention. The Committee notes with concern the allegations of dismissals of numerous trade union leaders and members. The above organizations also assert that there have been no consultations on the new Labour Code, which is inconsistent with fundamental ILO principles, particularly freedom of association and collective bargaining.

The Committee requests the Government to order an independent inquiry into the abovementioned dismissals and if it is proved, as alleged, that they were anti-union acts, to secure the reinstatement of the union officials and members in question. Please also keep the Committee informed on this matter.

The Committee will examine the provisions of the new Labour Code next year in its regular examination of government reports.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be sent for examination by the Committee at its next session.

The Committee notes the comments by the International Confederation of Free Trade Unions (ICFTU), the Djibouti Labour Union (UDT) and the General Union of Workers of Djibouti on the application of the Convention, and requests the Government to respond to the abovementioned comments.

The Committee notes with concern the allegations of dismissals or dismissal measures against trade union leaders and the assertions concerning the new draft of the Labour Code. According to the abovementioned organizations, there have been no consultations on the draft, which is inconsistent with fundamental ILO principles, particularly freedom of association and collective bargaining. The Committee requests the Government to provide a copy of the abovementioned draft and to ensure that the representative organizations of employers and workers are thoroughly consulted. It reminds the Government that it may call on the Office for technical assistance.