Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Repetition

The Committee notes with deep concern the comments made by the International Trade Union Confederation (ITUC) dated 4 and 31 August 2011 concerning the application of the Convention, in particular the allegations concerning the obstacles preventing the Labour Union of Djibouti (UDT) from developing its activities. The ITUC also denounces the fact that in October 2009 the preparatory work for the 4th UDT Congress was disrupted by the police who sent all the participants away and arrested several members of the UDT Executive, subjecting them to interrogation. Postponed to a later date, the UDT Congress was finally held quietly on 17–18 January 2010 at the actual headquarters of the UDT. The ITUC also recalls that the passport of the UDT Secretary-General has been confiscated since December 2010, which prevents him from fulfilling his commitments of representation at both regional and international levels; that the UDT has been broken into on numerous occasions; that its bank account has been frozen and then cancelled; and that its letter box is still confiscated. The ITUC points out moreover that interference in the organization of trade union activities not only affects the UDT in its capacity as a national confederation, but also many grass roots trade unions, such as the dockers’ union whose attempts to hold congresses have been violently repressed. Given that the Government has still not provided any observations on the comments made by the ITUC and in the light of their serious nature, the Committee draws the Government’s attention once again to the fact that the exercise of trade union rights can only take place in a climate free from violence, pressure or threats of any kind and that the prohibition imposed on a trade union federation to develop its activities constitutes a direct violation of the Convention. The Committee therefore requests the Government to provide, without delay, its observations on the comments made by the ITUC. Furthermore, the Committee requests the Government once again to provide its observations on the comments made by the ITUC in August 2009 and August 2010 denouncing persistent actions of harassment and anti-union discrimination, as well as the violent repression of strikes.

The Committee notes that most of the facts reported in the communications of the ITUC, dated August 2011, are the subject of a complaint being examined by the Committee on Freedom of Association (Case No. 2753).

Legislative problems. The Committee recalls that its previous comments concerned the provisions of Act No. 133/AN/05/5th L of 28 January 2006 issuing the Labour Code. This Act was denounced by the ITUC and also by the UDT and the General Union of Djibouti Workers (UGDT) as challenging fundamental rights relating to freedom of association. The Committee had noted that, according to the report of the direct contacts mission undertaken in January 2008, the Government had reaffirmed that all the social partners were consulted in the process of preparation of the Labour Code. However, the Committee notes that the Government held working meetings with the mission to consider the points of divergence between the national legislation and the Conventions in order to rectify them and that it undertook to bring the recommended solutions to the attention of a tripartite National Council for Labour, Employment and Vocational Training (CNTEFP), which was due to be constituted. The Committee had noted that, in its report of May 2008, the Government had reiterated its commitment to reviewing certain provisions of the legislation in order to bring them into conformity with the Convention and bring them to the attention of the CNTEFP. In this respect, the Committee notes the warning contained in the report of the direct contacts mission regarding any excessive delay in constituting the CNTEFP and the impact thereof on the adoption of the necessary legislative amendments. It also notes the mission’s recommendation that, in a context where the representativeness of workers’ organizations has not yet been established in a clear and objective manner, no representation from the trade union movement of Djibouti should be discarded from the work of the CNTEFP. The Committee further notes that, in its recent examination of a case concerning Djibouti, the Committee on Freedom of Association has noted the Government’s indication that the CNTEFP has been constituted pursuant to Presidential Decree No. 2008 0023/PR/MESN and is chaired by the Minister of Employment, that its secretariat is provided by the Directorate of Labour and Relations with the social partners and that, in addition to its tripartite composition, the CNTEFP also includes a representation of the Parliament (Case No. 2450, 359th Report, paragraph 392). The Committee urges the Government to provide detailed information concerning the current composition of the CNTEFP and its functioning, in particular the manner in which it is consulted on legislative matters and matters affecting the interests of representative employers’ and workers’ organizations.

With regard to its previous comments concerning points of divergence between the Labour Code and the Convention, the Committee has been informed of the adoption of Act No. 109/AN/10/6th L concerning the partial amendment of the provisions of sections 41, 214 and 215 of Act No. 133/AN/05/5th L of 28 January 2006 concerning the Labour Code. The Committee notes with interest that the relevant Act amends sections 41, 214 and 215 in line with the recommendations it has been making for many years. The Committee trusts that the Government will rapidly take the necessary measures to revise and amend the other legislative provisions taking into account the comments reiterated hereafter:

• – Section 5 of the Act on Associations. This provision, which requires organizations to obtain authorization prior to their establishment as trade unions, is contrary to Article 2 of the Convention.
• – Section 23 of Decree No. 83-099/PR/FP of 10 September 1983. This provision, which confers upon the President of the Republic broad powers to requisition public servants who are indispensable to the life of the nation and the proper operation of essential public services, should be amended in order to restrict the power of requisition to public servants who exercise authority in the name of the State or in essential services in the strict sense of the term.

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