Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report received in February 1997. It recalls that its previous observation related to the following points:

The Committee observed with great concern that the Committee on Freedom of Association received two complaints concerning serious violations of freedom of association against the Djibouti Inter-trade Union Association of Labour/General Union of Djibouti Workers (UDT/UGTD) and members of different activity sectors, in particular education (Cases Nos. 1851 and 1922) (see 302nd Report of the Committee, approved by the Governing Body in June 1996). It notes with concern that the Committee, in its 307th Report of June 1997, continues to observe the seriousness of the situation (closure of the UGTD headquarters, freezing of union contributions, dismissals, arrests), the Committee on Freedom of Association urged the Government to take measures to lift immediately the severe penalties imposed on the union organizations and workers following the protest movements against the Government's economic and social policy. In addition, the Committee on Freedom of Association requested the Government to allow a direct contacts mission to visit the country at the earliest possible opportunity.

Furthermore, the Committee recalls that its previous comments also concerned the need to repeal or amend the following provisions:

-- section 5 of the Act on Associations, as amended in 1977 to ensure that prior authorization for the establishment of associations may not be imposed for the establishment of trade unions so as to guarantee the application of Article 2 of the Convention under which workers shall have the right to establish organizations of their own choosing without previous authorization;

-- section 6 of the Labour Code, which limits the holding of trade union office to Djibouti nationals, in order to allow foreign workers to hold trade union office, at least after a reasonable period of residence in the country, so as to guarantee the application of Article 3 under which workers' organizations shall have the right to elect their representatives in full freedom;

-- section 23 of Decree No. 83-099/PR/FP of 10 September 1983 establishing the conditions governing the right to organize and the right to strike of public servants which confers on the President of the Republic the power to requisition public servants who are indispensable to the life of the nation and to the operation of essential services in order to restrict this power of requisitioning to cases in which, in the Committee's opinion, the restrictions or prohibitions of the exercise of the right to strike are admissible, namely with regard to public servants exercising authority in the name of the State or in essential services in the strict sense of the term, i.e. those the interruption of which would endanger the life, personal safety or health of the whole or part of the population or in the event of an acute national crisis.

The Committee, like the Committee on Freedom of Association, expresses the firm hope that the direct contacts mission will be able to visit the country in the very near future and that the Government's next report will contain detailed information on the measures actually taken to bring national legislation and practice into conformity with the requirements of the Convention. In particular, the Committee urges the Government to restore freedom of association, de facto and de jure, as soon as possible.