Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. It notes once again the observations made by the International Confederation of Free Trade Unions (ICFTU) in September 2002, concerning the requirement of prior authorization in order to establish trade unions and the broad powers of the authorities to requisition public servants who are on strike. The Committee also notes the discussion that took place in 2001 at the Conference Committee on the Application of Standards.

1. Article 2 of the Convention. Right to establish organizations without prior authorization. The Committee noted in its previous comments that section 5 of the Act on associations requires organizations to obtain authorization prior to establishing themselves as trade unions. The Government states in response that section 234 of the draft Labour Code requires only filing and checking formalities in order for a trade union to exist in law, and removes all reference to prior authorization. The Committee notes this information and asks the Government to send a copy of the code as soon as it has been adopted.

2. Article 3. Right of workers to elect their representatives in full freedom. The Committee pointed out previously that section 6 of the Labour Code which limits the holding of trade union office to Djibouti nationals is such as to restrict the full exercise of the right of workers to elect their representatives in full freedom. The Committee notes that, in its report, the Government states that section 233 of the draft Labour Code stipulates that "trade unions shall elect their representatives freely, provided that members who are responsible, in whatever capacity, for the management or organization of a trade union, shall be Djibouti nationals or foreign workers who are properly established in the country and enjoy civic and civil rights". The Committee notes this information and requests the Government to send a copy of the code as soon as it is adopted.

3. Requisitioning. With regard to section 23 of Decree No. 23-099/PR/FP of 10 September 1983 which confers on the President of the Republic broad powers to requisition public servants who are indispensable to the life of the nation and to the proper operation of essential public services, the Committee notes that the Government once again states that it is ready to specify the limits of this power. The Committee therefore asks the Government to act accordingly and to amend its legislation in order to restrict the power to requisition to public servants who exercise authority in the name of the State or in essential services in the strict sense of the term.

4. Reinstatement of trade union leaders. With regard to the reinstatement in their jobs of nine trade union leaders of the UGTD/UDT who were dismissed in reprisal for their participation in legitimate trade union activities against structural adjustment measures, referred to also by the ICFTU, the Committee notes that, according to the Government, six trade union leaders were reinstated in their former services in 2002 and that the reinstatement of the other three is under way. The Committee notes this information with interest and again asks the Government to endeavour to secure the reinstatement in their jobs of the three other trade union leaders who were dismissed, and to provide information in its next report on developments in this situation.