Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee takes note of the Government's report.

Right of workers to form organizations of their own choosing without prior authorization

1. Article 2 of the Convention. With reference to its previous direct request, the Committee notes the information supplied by the Government to the effect that the establishment of trade union organizations is subject to the approval of the authorities. The Committee understands that section 5 of the French Act of 1901 on associations, as amended in 1977, still applies to industrial associations and that the latter must file a statement of establishment in order to obtain legal personality. The Committee asks the Government to confirm that this interpretation is right and again asks it to indicate the means of redress available to founders of trade unions where acknowledgement of the filing of the statement of establishment is not issued within the prescribed time-limits.

The Committee recalls that in its 1994 General Survey on Freedom of Association and Collective Bargaining (paragraph 77), it had indicated that trade unions should have the right to appeal to independent courts which are competent to review the grounds for refusal, which grounds should not be contrary to the freedom of association principles, and which are empowered to give a ruling rapidly and order appropriate remedies. It asks the Government to state whether such right of appeal is established by law and, if not, to ensure that its legislation is amended in conformity with the Convention.

Right of workers to elect their representatives in full freedom

2. Article 3. The Committee notes with regret that the Government merely indicates in its report that foreign workers are still not authorized to hold trade union office. The Committee again points out that section 6 of the Labour Code, which limits the holding of trade union office to Djibouti nationals, is liable to restrict the right of workers to elect their representatives in full freedom. It again asks the Government to make its legislation more flexible so as to enable foreign workers to hold trade union office, at least after a reasonable period of residence in the country, and to indicate in its next report the measures taken to this end.

3. Noting that the Government provides no information in its report on the exercise of the right to strike, the Committee asks the Government to indicate whether any decrees or orders have been adopted during the period covered by the report under sections 20 and 23 of Decree No. 83 099/PR/F.P. of 10 September 1983 establishing the conditions governing the right to organize and the right to strike and, if so, to provide copies of them in order for the Committee to verify to what extent the dispositions concerning the right to strike are in conformity with the principles of freedom of association.