Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Repetition

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children. In its previous comments, the Committee noted that sections 7–13 of Act No. 210/AN/07/5e L of 27 December 2007 concerning action against the trafficking of human beings (Human Trafficking Act of 2007) establish penalties for the perpetrators of trafficking, in particular fines and various forms of imprisonment. However, the Committee observed that the Committee on the Elimination of Discrimination against Women (CEDAW) had noted with concern the limited capacity of Djibouti to enforce the Human Trafficking Act of 2007 and the low number of prosecutions and convictions of traffickers.

The Committee notes the Government’s indication in its report that in 2015 there were about 100 convictions for human trafficking with fines up to 300,000 Djiboutian francs and prison sentences from five to six months and up to 18 months for a repeat offence. However, the Government indicates that there have been no complaints or prosecutions to date relating to the sale and trafficking of children. The Committee notes with interest the adoption of new Act No. 133/AN/16/7e L of 24 March 2016 concerning action against the trafficking of persons and the illicit trafficking of migrants and repealing the Human Trafficking Act of 2007. The Committee notes that section 1 of the 2016 Act provides that, in the case of a child, the offence of trafficking in persons includes procuring, transporting, transferring, harbouring or receiving a young person for exploitation, even if none of the methods specified in the aforementioned section has been used. In the same section, exploitation is defined as including at least sexual exploitation, forced labour or services, slavery or similar practices, servitude and removal of organs. Section 7 of the 2016 Act imposes a penalty of five to ten years’ imprisonment for cases of trafficking. Under section 8, the sentence is increased to ten to 20 years’ imprisonment if the victim is a young person under 18 years of age. Recalling that, under Article 7(1) of the Convention, the Government is obliged to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the application of sufficiently effective and dissuasive penal sanctions, the Committee requests the Government to provide information on the measures taken to ensure the application in practice of the Act of 2016 concerning action against the trafficking of persons and the illicit trafficking of migrants and to penalize the perpetrators of the sale and trafficking of children, and to send information including statistics on the number and nature of reported offences, investigations, prosecutions, convictions and criminal penalties imposed.

Article 3(d). Self-employed workers and the informal economy. The Committee previously noted that section 1 of the Labour Code provides that the Code applies to the employment relationship between workers and employers. It noted that this provision appears to indicate that the Labour Code applies solely to an employment relationship and it asked the Government to take measures to ensure that children under 18 years of age who are self-employed or work in the informal economy enjoy the protection afforded by Article 3(d) of the Convention, namely that they are not employed in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

The Committee notes the Government’s indication that it is considering introducing the question as part of improvements to the labour legislation provided for in the national employment policy, especially the revision of the Labour Code, with the support of the National Council for Labour, Employment and Social Security (CONTESS). Reminding the Government of its obligation to take immediate and effective measures to ensure that children under 18 years of age who are self-employed or work in the informal economy enjoy the protection afforded by Article 3(d) of the Convention, the Committee requests the Government to provide information on the revision of the Labour Code.

Article 5. Monitoring mechanisms. Labour inspection and the National Children’s Council. The Committee previously noted that sections 192–202 of the Labour Code establish the powers of the labour administration with regard to implementation, coordination and monitoring and also the role and power of labour inspectors and controllers during their inspection visits. In addition, the Committee notes that the human resources of the Labour Inspection Office were reinforced and that it had four labour inspectors and ten labour controllers in 2013.

The Committee notes that the labour inspectorate still has four inspectors and ten controllers. It also notes that in 2014 the labour inspectors received training given by national experts at the National Institute of Public Administration and in 2016 they received training in international standards given by the Office. The Government indicates that it would like these training courses to be supplemented by training at the International Training Centre of the ILO in Turin. The Committee requests the Government to continue to take measures to strengthen the capacity of the Labour Inspection Office so that staff receive the necessary knowledge and resources to effectively combat the worst forms of child labour. It requests the Government to supply information on all progress made in this respect.

Article 7(2)(e). Particular situation of girls. The Committee previously noted that, according to the 2009 national report for Djibouti published by UNICEF, the gender parity index (0.98) indicates that there is no longer any appreciable difference in respective primary school attendance rates for girls and boys. However, at secondary level, work still needs to be done to improve the gender parity index, which remains low at 0.82.

The Committee notes that the Government refers to the “Djibouti Compendium of Statistics” (2012 edition) of the Directorate of Statistics and Demographic Studies (DISED) to indicate that school attendance for girls has increased. The Committee also notes with interest that, according to the outline of the country programme for 2013–17, a cooperation programme with UNICEF has been drawn up to contribute to the effective exercise of the rights to survival, development, protection and participation of children (girls and boys), young people and women. This cooperation programme seeks to improve gender parity in the transition to secondary education by lobbying for grants, free books and the systematic involvement of communities in educational projects. In addition, in consultation with the Ministry of Education, UNICEF will adopt specific measures to increase the participation of girls in middle schools, especially in rural areas. However, the Committee notes that there is still major gender disparity and that, according to the UNESCO Institute for Statistics, in 2014 the primary school attendance rate was 62.26 per cent for girls and 72.53 per cent for boys, while the secondary school attendance rate was 41.46 per cent for girls and 51.13 per cent for boys. The Committee requests the Government to intensify its efforts to give particular attention to the enrolment of girls in school, particularly at secondary level, to prevent their engagement in the worst forms of child labour. It requests the Government to provide information on the progress made in this regard and the results achieved through, inter alia, the cooperation programme with UNICEF.

Article 8. Enhanced international cooperation and assistance. Poverty reduction. In its previous comments, the Committee noted that Djibouti had adopted a Poverty Reduction Strategy Paper (PRSP) in 2004 with the goal of reducing extreme poverty by 50 per cent by 2015, achieving education for all and establishing a growth rate of 6.5 per cent. The Committee also noted that Djibouti, in conjunction with the European Union, adopted a country strategy paper (CSP) and a national framework programme for 2008–13, with close links to the national strategy defined by the PRSP, in order to enhance the economic and social development of target regions and improve the living conditions of their inhabitants, ensuring an affordable electricity supply and facilitating access to drinking water and sewerage services.

The Government refers to Annex 2 of the “Djibouti Compendium of Statistics”, which sets out recent data relating to poverty reduction. However, the Committee notes that Annex 2 is not attached to the aforementioned compendium. Recalling that poverty reduction programmes contribute towards breaking the circle of poverty, which is essential for eliminating the worst forms of child labour, the Committee again requests the Government to supply information on the impact of the PRSP and the CSP on eliminating the worst forms of child labour, and also on any other international collaboration project aimed at reducing poverty and combating the worst forms of child labour.