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.

Repetition

Articles 3(b) and 7(2) of the Convention. Use, procuring or offering of a child for prostitution or illicit activities; effective and time-bound measures. Clause (b). Assistance for removing children from the worst forms of child labour. The Committee previously noted that the Committee on the Rights of the Child (CRC) once again expressed its concern at the high number of children, particularly girls, involved in prostitution and at the lack of facilities providing services for sexually exploited children.

The Committee notes the Government’s indication that it does not have up to-date information on this matter. The Committee urges the Government to take effective and time-bound measures to remove children from prostitution, and to ensure their rehabilitation and social integration. It also requests the Government to supply information on the progress achieved in this respect.

Articles 3(d) and 4(1). Hazardous work and determination of these types of work. As regards the prohibition on employing children under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, as prescribed by Article 3(d) of the Convention, and also the adoption of a list of hazardous types of work, the Committee refers to its detailed comments relating to the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted that in the context of activities carried out under the Decent Work Country Programme (DWCP) for Djibouti for 2008–12, which prioritized, inter alia, the improvement of conditions of work through the promotion of national and international labour standards, with a particular focus on child labour, one of the objectives was that the ILO constituents and the social partners should work together to prevent and eliminate the worst forms of child labour. In this regard, it was planned to formulate and implement a national plan of action for the elimination of the worst forms of child labour.

The Committee notes the Government’s indication that the DWCP has not been adopted owing to a lack of agreement between the Government and the trade unions but that it hopes that, with the help of the Office, social dialogue can resume and that the national plan of action for the elimination of the worst forms of child labour will be adopted and implemented. The Committee firmly hopes that social dialogue will resume as soon as possible. It again requests the Government to take immediate and effective measures to ensure that the national plan of action for the elimination of the worst forms of child labour is formulated, adopted and implemented as soon as possible and to provide information on the progress made in this respect.

Article 7(2)(d). Identifying children at special risk. 1. HIV/AIDS orphans. In its previous comments, the Committee noted that despite the measures taken by the Government in favour of orphans and vulnerable children (OVCs), the number of HIV/AIDS orphans had increased (to 8,800 in 2011).

The Committee notes that the Government does not supply any information on the measures taken to prevent the engagement of HIV/AIDS orphans in the worst forms of child labour. However, the Committee notes that according to the UNICEF publication The state of the world’s children 2016: A fair chance for every child, a total of 6,000 children were orphaned as a result of HIV/AIDS in 2014. It also notes that the Ministry of Health has drawn up a National Health Development Plan (2013–17), which indicates that in the context of the Horn of Africa Partnership (HOAP) to address HIV vulnerability and cross-border mobility, the Government renewed its commitment to intensifying and strengthening inter-ministerial collaboration at the national and subregional levels in order to stop the spread of HIV/AIDS and reverse the current trend of this scourge. Recalling that HIV/AIDS orphans are at greater risk of involvement in the worst forms of child labour, the Committee again requests the Government to supply information on the impact of measures, policies and plans aimed at preventing the engagement of HIV/AIDS orphans in the worst forms of child labour, and on the results achieved.

2. Street children. The Committee previously noted the Government’s statement that most of the children living and working on the streets were of foreign origin and often worked as beggars or shoeshine boys or girls. It also noted that the CRC continued to express concern at the very high number of children still on the streets and at the continued exposure of these children to prostitution, sexually transmissible infections, including HIV/AIDS, economic and sexual exploitation, and violence.

The Committee notes that the Government does not provide any information in this respect. However, it notes that a paper entitled Humanitarian action for children, published by UNICEF in 2016, indicates that 200 street children received social assistance through the humanitarian action of UNICEF, with the collaboration of the Government. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee again urges the Government to take immediate and effective measures to protect them from the worst forms of child labour and ensure their rehabilitation and social reintegration, and also to provide information on progress made in this respect.

Application of the Convention in practice. The Committee previously noted that the CRC observed that there were gaps in the surveys that had been carried out in the areas of poverty, education and health, and that there was insufficient capacity to centralize and analyse population data. The Committee notes the Government’s wish to obtain technical assistance from the Office with regard to drawing up statistics. The Committee requests the Government once again to take steps to ensure the availability of statistics on the nature, extent and trends of the worst forms of child labour, disaggregated by age and gender, and on the number of children covered by the measures giving effect to the Convention.

Noting the interest expressed by the Government in obtaining technical assistance, the Committee invites the Government to avail itself of technical assistance from the Office in order to facilitate the implementation of the Convention.

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.

Repetition

Articles 3(b) and 7(2) of the Convention. Use, procuring or offering of a child for prostitution or illicit activities; effective and time-bound measures. Clause (b). Assistance for removing children from the worst forms of child labour. The Committee previously noted that the Committee on the Rights of the Child (CRC) once again expressed its concern at the high number of children, particularly girls, involved in prostitution and at the lack of facilities providing services for sexually exploited children.

The Committee notes the Government’s indication that it does not have up to-date information on this matter. The Committee urges the Government to take effective and time-bound measures to remove children from prostitution, and to ensure their rehabilitation and social integration. It also requests the Government to supply information on the progress achieved in this respect.

Articles 3(d) and 4(1). Hazardous work and determination of these types of work. As regards the prohibition on employing children under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, as prescribed by Article 3(d) of the Convention, and also the adoption of a list of hazardous types of work, the Committee refers to its detailed comments relating to the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted that in the context of activities carried out under the Decent Work Country Programme (DWCP) for Djibouti for 2008–12, which prioritized, inter alia, the improvement of conditions of work through the promotion of national and international labour standards, with a particular focus on child labour, one of the objectives was that the ILO constituents and the social partners should work together to prevent and eliminate the worst forms of child labour. In this regard, it was planned to formulate and implement a national plan of action for the elimination of the worst forms of child labour.

The Committee notes the Government’s indication that the DWCP has not been adopted owing to a lack of agreement between the Government and the trade unions but that it hopes that, with the help of the Office, social dialogue can resume and that the national plan of action for the elimination of the worst forms of child labour will be adopted and implemented. The Committee firmly hopes that social dialogue will resume as soon as possible. It again requests the Government to take immediate and effective measures to ensure that the national plan of action for the elimination of the worst forms of child labour is formulated, adopted and implemented as soon as possible and to provide information on the progress made in this respect.

Article 7(2)(d). Identifying children at special risk. 1. HIV/AIDS orphans. In its previous comments, the Committee noted that despite the measures taken by the Government in favour of orphans and vulnerable children (OVCs), the number of HIV/AIDS orphans had increased (to 8,800 in 2011).

The Committee notes that the Government does not supply any information on the measures taken to prevent the engagement of HIV/AIDS orphans in the worst forms of child labour. However, the Committee notes that according to the UNICEF publication The state of the world’s children 2016: A fair chance for every child, a total of 6,000 children were orphaned as a result of HIV/AIDS in 2014. It also notes that the Ministry of Health has drawn up a National Health Development Plan (2013–17), which indicates that in the context of the Horn of Africa Partnership (HOAP) to address HIV vulnerability and cross-border mobility, the Government renewed its commitment to intensifying and strengthening inter-ministerial collaboration at the national and subregional levels in order to stop the spread of HIV/AIDS and reverse the current trend of this scourge. Recalling that HIV/AIDS orphans are at greater risk of involvement in the worst forms of child labour, the Committee again requests the Government to supply information on the impact of measures, policies and plans aimed at preventing the engagement of HIV/AIDS orphans in the worst forms of child labour, and on the results achieved.

2. Street children. The Committee previously noted the Government’s statement that most of the children living and working on the streets were of foreign origin and often worked as beggars or shoeshine boys or girls. It also noted that the CRC continued to express concern at the very high number of children still on the streets and at the continued exposure of these children to prostitution, sexually transmissible infections, including HIV/AIDS, economic and sexual exploitation, and violence.

The Committee notes that the Government does not provide any information in this respect. However, it notes that a paper entitled Humanitarian action for children, published by UNICEF in 2016, indicates that 200 street children received social assistance through the humanitarian action of UNICEF, with the collaboration of the Government. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee again urges the Government to take immediate and effective measures to protect them from the worst forms of child labour and ensure their rehabilitation and social reintegration, and also to provide information on progress made in this respect.

Application of the Convention in practice. The Committee previously noted that the CRC observed that there were gaps in the surveys that had been carried out in the areas of poverty, education and health, and that there was insufficient capacity to centralize and analyse population data. The Committee notes the Government’s wish to obtain technical assistance from the Office with regard to drawing up statistics. The Committee requests the Government once again to take steps to ensure the availability of statistics on the nature, extent and trends of the worst forms of child labour, disaggregated by age and gender, and on the number of children covered by the measures giving effect to the Convention.

Noting the interest expressed by the Government in obtaining technical assistance, the Committee invites the Government to avail itself of technical assistance from the Office in order to facilitate the implementation of the Convention.

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.

Repetition

Articles 3(b) and 7(2) of the Convention. Use, procuring or offering of a child for prostitution or illicit activities; effective and time-bound measures. Clause (b). Assistance for removing children from the worst forms of child labour. The Committee previously noted that the Committee on the Rights of the Child (CRC) once again expressed its concern at the high number of children, particularly girls, involved in prostitution and at the lack of facilities providing services for sexually exploited children.

The Committee notes the Government’s indication that it does not have up to-date information on this matter. The Committee urges the Government to take effective and time-bound measures to remove children from prostitution, and to ensure their rehabilitation and social integration. It also requests the Government to supply information on the progress achieved in this respect.

Articles 3(d) and 4(1). Hazardous work and determination of these types of work. As regards the prohibition on employing children under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, as prescribed by Article 3(d) of the Convention, and also the adoption of a list of hazardous types of work, the Committee refers to its detailed comments relating to the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted that in the context of activities carried out under the Decent Work Country Programme (DWCP) for Djibouti for 2008–12, which prioritized, inter alia, the improvement of conditions of work through the promotion of national and international labour standards, with a particular focus on child labour, one of the objectives was that the ILO constituents and the social partners should work together to prevent and eliminate the worst forms of child labour. In this regard, it was planned to formulate and implement a national plan of action for the elimination of the worst forms of child labour.

The Committee notes the Government’s indication that the DWCP has not been adopted owing to a lack of agreement between the Government and the trade unions but that it hopes that, with the help of the Office, social dialogue can resume and that the national plan of action for the elimination of the worst forms of child labour will be adopted and implemented. The Committee firmly hopes that social dialogue will resume as soon as possible. It again requests the Government to take immediate and effective measures to ensure that the national plan of action for the elimination of the worst forms of child labour is formulated, adopted and implemented as soon as possible and to provide information on the progress made in this respect.

Article 7(2)(d). Identifying children at special risk. 1. HIV/AIDS orphans. In its previous comments, the Committee noted that despite the measures taken by the Government in favour of orphans and vulnerable children (OVCs), the number of HIV/AIDS orphans had increased (to 8,800 in 2011).

The Committee notes that the Government does not supply any information on the measures taken to prevent the engagement of HIV/AIDS orphans in the worst forms of child labour. However, the Committee notes that according to the UNICEF publication The state of the world’s children 2016: A fair chance for every child, a total of 6,000 children were orphaned as a result of HIV/AIDS in 2014. It also notes that the Ministry of Health has drawn up a National Health Development Plan (2013–17), which indicates that in the context of the Horn of Africa Partnership (HOAP) to address HIV vulnerability and cross-border mobility, the Government renewed its commitment to intensifying and strengthening inter-ministerial collaboration at the national and subregional levels in order to stop the spread of HIV/AIDS and reverse the current trend of this scourge. Recalling that HIV/AIDS orphans are at greater risk of involvement in the worst forms of child labour, the Committee again requests the Government to supply information on the impact of measures, policies and plans aimed at preventing the engagement of HIV/AIDS orphans in the worst forms of child labour, and on the results achieved.

2. Street children. The Committee previously noted the Government’s statement that most of the children living and working on the streets were of foreign origin and often worked as beggars or shoeshine boys or girls. It also noted that the CRC continued to express concern at the very high number of children still on the streets and at the continued exposure of these children to prostitution, sexually transmissible infections, including HIV/AIDS, economic and sexual exploitation, and violence.

The Committee notes that the Government does not provide any information in this respect. However, it notes that a paper entitled Humanitarian action for children, published by UNICEF in 2016, indicates that 200 street children received social assistance through the humanitarian action of UNICEF, with the collaboration of the Government. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee again urges the Government to take immediate and effective measures to protect them from the worst forms of child labour and ensure their rehabilitation and social reintegration, and also to provide information on progress made in this respect.

Application of the Convention in practice. The Committee previously noted that the CRC observed that there were gaps in the surveys that had been carried out in the areas of poverty, education and health, and that there was insufficient capacity to centralize and analyse population data. The Committee notes the Government’s wish to obtain technical assistance from the Office with regard to drawing up statistics. The Committee requests the Government once again to take steps to ensure the availability of statistics on the nature, extent and trends of the worst forms of child labour, disaggregated by age and gender, and on the number of children covered by the measures giving effect to the Convention.

Noting the interest expressed by the Government in obtaining technical assistance, the Committee invites the Government to avail itself of technical assistance from the Office in order to facilitate the implementation of the Convention.

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.

Repetition

Articles 3(b) and 7(2) of the Convention. Use, procuring or offering of a child for prostitution or illicit activities; effective and time-bound measures. Clause (b). Assistance for removing children from the worst forms of child labour. The Committee previously noted that the Committee on the Rights of the Child (CRC) once again expressed its concern at the high number of children, particularly girls, involved in prostitution and at the lack of facilities providing services for sexually exploited children.

The Committee notes the Government’s indication that it does not have up to-date information on this matter. The Committee urges the Government to take effective and time-bound measures to remove children from prostitution, and to ensure their rehabilitation and social integration. It also requests the Government to supply information on the progress achieved in this respect.

Articles 3(d) and 4(1). Hazardous work and determination of these types of work. As regards the prohibition on employing children under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, as prescribed by Article 3(d) of the Convention, and also the adoption of a list of hazardous types of work, the Committee refers to its detailed comments relating to the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted that in the context of activities carried out under the Decent Work Country Programme (DWCP) for Djibouti for 2008–12, which prioritized, inter alia, the improvement of conditions of work through the promotion of national and international labour standards, with a particular focus on child labour, one of the objectives was that the ILO constituents and the social partners should work together to prevent and eliminate the worst forms of child labour. In this regard, it was planned to formulate and implement a national plan of action for the elimination of the worst forms of child labour.

The Committee notes the Government’s indication that the DWCP has not been adopted owing to a lack of agreement between the Government and the trade unions but that it hopes that, with the help of the Office, social dialogue can resume and that the national plan of action for the elimination of the worst forms of child labour will be adopted and implemented. The Committee firmly hopes that social dialogue will resume as soon as possible. It again requests the Government to take immediate and effective measures to ensure that the national plan of action for the elimination of the worst forms of child labour is formulated, adopted and implemented as soon as possible and to provide information on the progress made in this respect.

Article 7(2)(d). Identifying children at special risk. 1. HIV/AIDS orphans. In its previous comments, the Committee noted that despite the measures taken by the Government in favour of orphans and vulnerable children (OVCs), the number of HIV/AIDS orphans had increased (to 8,800 in 2011).

The Committee notes that the Government does not supply any information on the measures taken to prevent the engagement of HIV/AIDS orphans in the worst forms of child labour. However, the Committee notes that according to the UNICEF publication The state of the world’s children 2016: A fair chance for every child, a total of 6,000 children were orphaned as a result of HIV/AIDS in 2014. It also notes that the Ministry of Health has drawn up a National Health Development Plan (2013–17), which indicates that in the context of the Horn of Africa Partnership (HOAP) to address HIV vulnerability and cross-border mobility, the Government renewed its commitment to intensifying and strengthening inter-ministerial collaboration at the national and subregional levels in order to stop the spread of HIV/AIDS and reverse the current trend of this scourge. Recalling that HIV/AIDS orphans are at greater risk of involvement in the worst forms of child labour, the Committee again requests the Government to supply information on the impact of measures, policies and plans aimed at preventing the engagement of HIV/AIDS orphans in the worst forms of child labour, and on the results achieved.

2. Street children. The Committee previously noted the Government’s statement that most of the children living and working on the streets were of foreign origin and often worked as beggars or shoeshine boys or girls. It also noted that the CRC continued to express concern at the very high number of children still on the streets and at the continued exposure of these children to prostitution, sexually transmissible infections, including HIV/AIDS, economic and sexual exploitation, and violence.

The Committee notes that the Government does not provide any information in this respect. However, it notes that a paper entitled Humanitarian action for children, published by UNICEF in 2016, indicates that 200 street children received social assistance through the humanitarian action of UNICEF, with the collaboration of the Government. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee again urges the Government to take immediate and effective measures to protect them from the worst forms of child labour and ensure their rehabilitation and social reintegration, and also to provide information on progress made in this respect.

Application of the Convention in practice. The Committee previously noted that the CRC observed that there were gaps in the surveys that had been carried out in the areas of poverty, education and health, and that there was insufficient capacity to centralize and analyse population data. The Committee notes the Government’s wish to obtain technical assistance from the Office with regard to drawing up statistics. The Committee requests the Government once again to take steps to ensure the availability of statistics on the nature, extent and trends of the worst forms of child labour, disaggregated by age and gender, and on the number of children covered by the measures giving effect to the Convention.

Noting the interest expressed by the Government in obtaining technical assistance, the Committee invites the Government to avail itself of technical assistance from the Office in order to facilitate the implementation of the Convention.

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 Act No. 210/AN/07/5e L of 27 December 2007 on combating the trafficking of human beings (Human Trafficking Act) prohibits the trafficking of human beings, and specifically any persons likely to be victims of the sale or trafficking of persons because of their vulnerability due, in particular, to their age (children under 18 years of age).

The Committee notes that sections 7 to 13 of the Human Trafficking Act establish penalties for the perpetrators of trafficking, in particular fines and various forms of imprisonment. However, the Committee observes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 2 August 2011, noted with concern the limited capacity of Djibouti to enforce the Human Trafficking Act and the low number of prosecutions and convictions of traffickers (CEDAW/C/DJI/CO/1-3, paragraph 22). The Committee reminds the Government that the trafficking of children is a serious crime and that, under Article 7(1) of the Convention, the Government shall 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 application of the Human Trafficking Act in practice, including statistics on the number and nature of reported offences, investigations, prosecutions, convictions and penal sanctions imposed.

Article 3(d). 1. Hazardous work. In its previous comments the Committee noted that, under section 112 of Act No. 133/AN/05/5e issuing the Labour Code (Labour Code), women or young persons between 16 and 18 years of age may not be placed in employment recognized as being beyond their strength by a licensed doctor. The Committee also noted that, under section 110 of the Labour Code, the employment of young persons in domestic work, hotels and bars is strictly prohibited, with the exception of employment strictly in the area of catering.

The Committee notes the Government’s statement that the precepts and traditions of Djibouti, before any law, already prohibit the exploitation of children. Nevertheless, the Committee reminds the Government that the national legislation must explicitly prohibit the engagement of young persons under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, as prescribed by Article 3(d) of the Convention. The Committee again requests the Government to take the necessary measures to ensure that no person under 18 years of age may be authorized to perform hazardous work, in conformity with Article 3(d).

2. Self-employed workers and the informal economy. The Committee previously noted that, by virtue of section 1 of the Labour Code, the latter applies to the employment relationship between workers and employers. Section 1 also defines a worker as anyone who has undertaken to place their occupational activity under the supervision and authority of another natural or legal person in return for remuneration. The Committee noted that this provision appears to indicate that the Labour Code applies solely to an employment relationship. Noting the lack of information on this matter in the Government’s report, the Committee again requests the Government 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, 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.

Article 4(1). Determination of hazardous types of work. The Committee previously noted that, under section 111 of the Labour Code, an order adopted at the proposal of the Minister of Labour and Minister of Health, further to an opinion of the National Council for Labour, Employment and Vocational Training, shall determine the nature of work and categories of enterprises prohibited to women, pregnant women and young persons, and the age limit to which this prohibition applies.

The Committee notes the Government’s indication that it has not yet drawn up an order pursuant to section 111 of the Labour Code, but undertakes to do so in the very near future. The Committee requests the Government to take immediate and effective measures to ensure the adoption of an order concerning the work and enterprises prohibited to young persons, in accordance with Article 4(1) of the Convention.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously noted that sections 192–202 of the Labour Code provide for the role of the labour administration in the implementation, coordination and monitoring of the Labour Code and also for the role and power of labour inspectors and controllers during their inspection visits. However, it noted that the draft Decent Work Country Programme (DWCP) for Djibouti for 2008–12 indicates that the application by Djibouti of the two main ILO Conventions relating to child labour, namely on the minimum age and the worst forms of child labour, suffers from a lack of capacity within the mandated bodies, in particular the labour inspectorate within the Directorate for Labour and Relations with the Social Partners (Ministry of Employment). Furthermore, the Committee noted that in April 2006 the labour inspectorate had only one labour inspector and six labour controllers.

The Committee notes from the Government’s report relating to the Labour Inspection Convention, 1947 (No. 81), that the human resources of the labour inspectorate were reinforced in 2013. Three inspectors were appointed, bringing the total number of labour inspectors to four. In addition, there are now ten controllers. The Committee requests the Government to continue to take measures to strengthen the capacity of the labour inspectorate. It requests the Government to supply information in its next report on all progress made in this respect.

Article 6. Programmes of action for eliminating the worst forms of child labour. The Committee previously noted that in the context of activities carried out under the DWCP for Djibouti for 2008–12, which prioritized, inter alia, the improvement of conditions of work through the promotion of national and international labour standards, with a particular focus on child labour, one of the objectives was that the ILO constituents and the social partners should work together to prevent and eliminate the worst forms of child labour. In this regard, it was planned to formulate and implement a national plan of action for the elimination of the worst forms of child labour.

The Committee notes the Government’s indication that, in the context of the DWCP, Djibouti has indeed placed special emphasis on child labour and that, further to a technical cooperation evaluation mission conducted with the ILO in March 2011, the Government has reiterated its commitment to implementing the DWCP and is awaiting support from the ILO to finalize it. The Committee requests the Government to take immediate and effective measures to ensure that the national plan of action for the elimination of the worst forms of child labour is formulated, adopted and implemented as soon as possible. The Committee requests the Government to provide information on progress made in this regard.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee previously noted that, according to the second periodic report of Djibouti of 11 December 2007 to the Committee on the Rights of the Child (CRC), Djibouti had embarked on a reform of its education system on the basis of discussions which took place at the Education Summit in December 1999, resulting in the adoption of a master plan for education for 2000–10 and plans of action for education for 2000–05 and 2006–08 (CRC/C/DJI/2, paragraph 237). The objectives of these plans included improving the quality of education and providing access to compulsory basic education for nine years, that is between the ages of 6 and 16 years. With the implementation of these plans, the number of children in school increased from 42,754 in 2000–01 to 53,743 in 2005–06 at the primary education level, and from 13,655 in 2000–01 to 21,129 in 2005–06 at the secondary education level. Furthermore, school attendance rates became more stable and increased from 49.9 per cent in 2002–03 to 68.4 per cent in 2004–05.

The Committee notes the Government’s indication in its report submitted under the Minimum Age Convention, 1973 (No. 138), that the Djiboutian Multiple Indicator Survey (EDIM) of 2006 revealed a clear improvement in school enrolment in Djibouti. The net primary school enrolment rate for the country as a whole was 66.2 per cent in 2006 (66.7 per cent for boys and 65.7 per cent for girls). According to the 2009 national report for Djibouti produced by UNICEF, there has also been an improvement in general secondary education, the net school enrolment rate having increased to 41 per cent in 2006 (44.1 per cent for boys and 37.8 per cent for girls). However, the Committee notes the indication in the same 2009 UNICEF national report that, despite these improvements, Djibouti still has a low school enrolment rate. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to intensify its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to provide information on the specific measures taken in the context of the implementation of the master plan and plan of action for education to increase school attendance rates at both primary and secondary levels, and to reduce school drop-out rates. It requests the Government to supply information on the results achieved in this respect.

2. Sale and trafficking of children. The Committee previously noted the Government’s statement that Djibouti is a transit country for the sale and trafficking of persons, including children.

The Committee further notes that, according to the concluding observations of 2 August 2011 of CEDAW (CEDAW/C/DJI/CO/1-3, paragraph 22), Djibouti has taken measures to combat trafficking in persons, in particular women and children, who are often abused by traffickers and subjected to forced labour and sexual exploitation in the countries of destination. Noting the lack of information in this respect in the Government’s report, the Committee again requests the Government to intensify its efforts to protect children from sale and trafficking for economic or sexual exploitation, and to provide information on the results achieved in terms of the number of children who were prevented from becoming victims of sale and trafficking as a result of awareness-raising measures.

Clause (b). Assistance for removing children from the worst forms of child labour. Use, procuring or offering of a child for prostitution or illicit activities. The Committee previously noted that the CRC, in its concluding observations on the initial report of Djibouti of 28 June 2000, expressed its concern at the high and apparently increasing incidence of prostitution involving children, in particular girls, and at the lack of facilities providing services to sexually exploited children (CRC/C/15/Add.131, paragraph 57). The CRC also expressed its concern at the increasing involvement of children in the production and trafficking of psychotropic drugs, especially khat (CRC/C/15/Add.131, paragraph 55).

The Committee notes that the Government does not provide any information on this point in its report. However, it notes that the CRC, in its concluding observations of 7 October 2008, again expressed the concern that it had voiced in its previous concluding observations regarding the high number of children, particularly girls, involved in prostitution and regarding the lack of facilities providing services to sexually exploited children (CRC/C/DJI/CO/2, paragraph 70). The Committee again requests the Government to take effective and time-bound measures to remove children from prostitution and from the production and trafficking of drugs, and to ensure their rehabilitation and social reintegration. It also requests the Government to supply information in its next report on the progress achieved.

Clause (d). Identifying children at special risk. 1. Children orphaned as a result of HIV/AIDS. Further to its previous comments, the Committee notes that the CRC, in its concluding observations of 7 October 2008, while noting with interest the measures taken by the Government in favour of orphans and vulnerable children (OVCs), expressed concern that the prevalence of HIV/AIDS remained high and, without policy or any other interventions, could rise even higher (CRC/C/DJI/CO/2, paragraph 58). The Committee observes that, according to UNAIDS estimates, the number of HIV/AIDS orphans increased to 8,800 in 2011 (the number of HIV/AIDS orphans under 17 years of age had already increased from 1,500 in 2001 to 5,200 in 2007). However, the Committee notes that, according to the report submitted to the 2012 United Nations General Assembly Special Session on HIV/AIDS (UNGASS), Djibouti adopted a national strategic plan for 2008–12, the main objective of which is to reduce new HIV infections, improve overall care for persons living with HIV/AIDS and strengthen the coordination, management, monitoring and evaluation of the national response. Furthermore, the national plan seeks to support OVCs through the establishment of a specific programme implemented by the Ministry for the Promotion of Women and Social Affairs. Considering that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee again requests the Government to supply information on the impact of measures, policies and plans implemented under the abovementioned legislation on preventing the engagement of HIV/AIDS orphans in the worst forms of child labour. It requests the Government to supply information in its next report on the results achieved.

2. Street children. The Committee previously noted the Government’s information that most of the children living and working on the streets were of foreign origin and often worked as beggars or shoeshine boys or girls. The Government indicated that it is difficult to pinpoint the numbers of children living on the streets, but estimates suggest that there were several hundred in the city of Djibouti, with numbers constantly increasing.

The Committee notes that the Government does not provide any information on this matter in its report. It observes that the CRC, in its concluding observations of 7 October 2008, while noting the incorporation of initiatives relating to the issue of street children in the project operation documents of a number of ministries, continued to express concern at the very high number of children who are still on the streets and at the continued exposure of these children to prostitution, sexually transmissible infections, including HIV/AIDS, economic and sexual exploitation and violence (CRC/C/DJI/CO/2, paragraph 68). Considering that street children are particularly exposed to the worst forms of child labour, the Committee again requests the Government to take immediate and effective measures to protect them from the worst forms of child labour and ensure their rehabilitation and social reintegration, and also to provide information in its next report on progress made in this regard.

Clause (e). Particular situation of girls. The Committee previously noted that, according to UNICEF statistics, the primary school enrolment rate for boys for the years 2000–06 was 44 per cent, while the enrolment rate for girls was 36 per cent. The secondary school enrolment rates were 29 per cent for boys and 19 per cent for girls. The Committee observed that these statistics demonstrate a significant gender gap in school enrolment.

The Committee notes that the Government does not provide any information on this matter in its report. However, it notes that the CRC, in its concluding observations of 7 October 2008, expressed concern that, with increasing age, the majority of children no longer attend school and that gender disparities, stemming from social attitudes and poverty, remain a problem (CRC/C/DJI/CO/2, paragraph 62). The Committee further notes that, according to the 2009 UNICEF national report on Djibouti, the gender parity index (0.98) indicates that there is no longer any real gender disparity in terms of primary school attendance. As regards secondary education, even though the net enrolment rate has risen, work remains to be done to improve the gender parity index (0.82), which remains low. The Committee again 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 in its next report on progress made in this regard.

Article 8. Enhanced international cooperation and assistance. Poverty reduction. Further to its previous comments, the Committee notes the Government’s indication that it is continuing its efforts to formulate policies and plans that help to uphold children’s rights, particularly the adoption of the national sanitation development plan for 2008–12. The Committee further notes that, in 2004, Djibouti adopted a Poverty Reduction Strategy Paper (PRSP) with aims to reduce extreme poverty by 50 per cent by 2015, achieve education for all and establish a growth rate of 6.5 per cent. Moreover, the Committee notes that Djibouti, in conjunction with the European Union, adopted a country strategy paper and a national framework programme for 2008–13 (CSP), with close links to the national strategy defined by the PRSP, which aims to enhance the economic and social development of target regions and improve the living conditions of their inhabitants, to ensure an affordable electricity supply, and to facilitate access to drinking water and sewerage services. Noting 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 CSP on eliminating the worst forms of child labour.

Application of the Convention in practice. The Committee noted the Government’s statement that a multidisciplinary mission from the ILO Subregional Office in Addis Ababa took place in Djibouti in March 2008, following which the ILO offered the Government its assistance for conducting a national survey on child labour. The Government indicated that it hoped to launch this survey with ILO assistance once conditions were met for convening the National Council for Labour, Employment and Vocational Training.

The Committee observes that the Government does not provide any information on this matter in its report. Furthermore, it notes that the CRC, in its concluding observations of 7 October 2008, observed that there were gaps in the surveys that had been carried out in the areas of poverty, education and health and that there was insufficient capacity to centralize and analyse population data (CRC/C/DJI/CO/2, paragraph 20). The Committee requests the Government to take measures to ensure the availability of statistics on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of reported violations, investigations, prosecutions, convictions and penalties imposed. In addition, the Committee again requests the Government to supply a copy of the results of the national survey on child labour.

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 Act No. 210/AN/07/5e L of 27 December 2007 on combating the trafficking of human beings (Human Trafficking Act) prohibits the trafficking of human beings, and specifically any persons likely to be victims of the sale or trafficking of persons because of their vulnerability due, in particular, to their age (children under 18 years of age).

The Committee notes that sections 7 to 13 of the Human Trafficking Act establish penalties for the perpetrators of trafficking, in particular fines and various forms of imprisonment. However, the Committee observes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 2 August 2011, noted with concern the limited capacity of Djibouti to enforce the Human Trafficking Act and the low number of prosecutions and convictions of traffickers (CEDAW/C/DJI/CO/1-3, paragraph 22). The Committee reminds the Government that the trafficking of children is a serious crime and that, under Article 7(1) of the Convention, the Government shall 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 application of the Human Trafficking Act in practice, including statistics on the number and nature of reported offences, investigations, prosecutions, convictions and penal sanctions imposed.

Article 3(d). 1. Hazardous work. In its previous comments the Committee noted that, under section 112 of Act No. 133/AN/05/5e issuing the Labour Code (Labour Code), women or young persons between 16 and 18 years of age may not be placed in employment recognized as being beyond their strength by a licensed doctor. The Committee also noted that, under section 110 of the Labour Code, the employment of young persons in domestic work, hotels and bars is strictly prohibited, with the exception of employment strictly in the area of catering.

The Committee notes the Government’s statement that the precepts and traditions of Djibouti, before any law, already prohibit the exploitation of children. Nevertheless, the Committee reminds the Government that the national legislation must explicitly prohibit the engagement of young persons under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, as prescribed by Article 3(d) of the Convention. The Committee again requests the Government to take the necessary measures to ensure that no person under 18 years of age may be authorized to perform hazardous work, in conformity with Article 3(d).

2. Self-employed workers and the informal economy. The Committee previously noted that, by virtue of section 1 of the Labour Code, the latter applies to the employment relationship between workers and employers. Section 1 also defines a worker as anyone who has undertaken to place their occupational activity under the supervision and authority of another natural or legal person in return for remuneration. The Committee noted that this provision appears to indicate that the Labour Code applies solely to an employment relationship. Noting the lack of information on this matter in the Government’s report, the Committee again requests the Government 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, 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.

Article 4(1). Determination of hazardous types of work. The Committee previously noted that, under section 111 of the Labour Code, an order adopted at the proposal of the Minister of Labour and Minister of Health, further to an opinion of the National Council for Labour, Employment and Vocational Training, shall determine the nature of work and categories of enterprises prohibited to women, pregnant women and young persons, and the age limit to which this prohibition applies.

The Committee notes the Government’s indication that it has not yet drawn up an order pursuant to section 111 of the Labour Code, but undertakes to do so in the very near future. The Committee requests the Government to take immediate and effective measures to ensure the adoption of an order concerning the work and enterprises prohibited to young persons, in accordance with Article 4(1) of the Convention.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously noted that sections 192–202 of the Labour Code provide for the role of the labour administration in the implementation, coordination and monitoring of the Labour Code and also for the role and power of labour inspectors and controllers during their inspection visits. However, it noted that the draft Decent Work Country Programme (DWCP) for Djibouti for 2008–12 indicates that the application by Djibouti of the two main ILO Conventions relating to child labour, namely on the minimum age and the worst forms of child labour, suffers from a lack of capacity within the mandated bodies, in particular the labour inspectorate within the Directorate for Labour and Relations with the Social Partners (Ministry of Employment). Furthermore, the Committee noted that in April 2006 the labour inspectorate had only one labour inspector and six labour controllers.

The Committee notes from the Government’s report relating to the Labour Inspection Convention, 1947 (No. 81), that the human resources of the labour inspectorate were reinforced in 2013. Three inspectors were appointed, bringing the total number of labour inspectors to four. In addition, there are now ten controllers. The Committee requests the Government to continue to take measures to strengthen the capacity of the labour inspectorate. It requests the Government to supply information in its next report on all progress made in this respect.

Article 6. Programmes of action for eliminating the worst forms of child labour. The Committee previously noted that in the context of activities carried out under the DWCP for Djibouti for 2008–12, which prioritized, inter alia, the improvement of conditions of work through the promotion of national and international labour standards, with a particular focus on child labour, one of the objectives was that the ILO constituents and the social partners should work together to prevent and eliminate the worst forms of child labour. In this regard, it was planned to formulate and implement a national plan of action for the elimination of the worst forms of child labour.

The Committee notes the Government’s indication that, in the context of the DWCP, Djibouti has indeed placed special emphasis on child labour and that, further to a technical cooperation evaluation mission conducted with the ILO in March 2011, the Government has reiterated its commitment to implementing the DWCP and is awaiting support from the ILO to finalize it. The Committee requests the Government to take immediate and effective measures to ensure that the national plan of action for the elimination of the worst forms of child labour is formulated, adopted and implemented as soon as possible. The Committee requests the Government to provide information on progress made in this regard.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee previously noted that, according to the second periodic report of Djibouti of 11 December 2007 to the Committee on the Rights of the Child (CRC), Djibouti had embarked on a reform of its education system on the basis of discussions which took place at the Education Summit in December 1999, resulting in the adoption of a master plan for education for 2000–10 and plans of action for education for 2000–05 and 2006–08 (CRC/C/DJI/2, paragraph 237). The objectives of these plans included improving the quality of education and providing access to compulsory basic education for nine years, that is between the ages of 6 and 16 years. With the implementation of these plans, the number of children in school increased from 42,754 in 2000–01 to 53,743 in 2005–06 at the primary education level, and from 13,655 in 2000–01 to 21,129 in 2005–06 at the secondary education level. Furthermore, school attendance rates became more stable and increased from 49.9 per cent in 2002–03 to 68.4 per cent in 2004–05.

The Committee notes the Government’s indication in its report submitted under the Minimum Age Convention, 1973 (No. 138), that the Djiboutian Multiple Indicator Survey (EDIM) of 2006 revealed a clear improvement in school enrolment in Djibouti. The net primary school enrolment rate for the country as a whole was 66.2 per cent in 2006 (66.7 per cent for boys and 65.7 per cent for girls). According to the 2009 national report for Djibouti produced by UNICEF, there has also been an improvement in general secondary education, the net school enrolment rate having increased to 41 per cent in 2006 (44.1 per cent for boys and 37.8 per cent for girls). However, the Committee notes the indication in the same 2009 UNICEF national report that, despite these improvements, Djibouti still has a low school enrolment rate. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to intensify its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to provide information on the specific measures taken in the context of the implementation of the master plan and plan of action for education to increase school attendance rates at both primary and secondary levels, and to reduce school drop-out rates. It requests the Government to supply information on the results achieved in this respect.

2. Sale and trafficking of children. The Committee previously noted the Government’s statement that Djibouti is a transit country for the sale and trafficking of persons, including children.

The Committee further notes that, according to the concluding observations of 2 August 2011 of CEDAW (CEDAW/C/DJI/CO/1-3, paragraph 22), Djibouti has taken measures to combat trafficking in persons, in particular women and children, who are often abused by traffickers and subjected to forced labour and sexual exploitation in the countries of destination. Noting the lack of information in this respect in the Government’s report, the Committee again requests the Government to intensify its efforts to protect children from sale and trafficking for economic or sexual exploitation, and to provide information on the results achieved in terms of the number of children who were prevented from becoming victims of sale and trafficking as a result of awareness-raising measures.

Clause (b). Assistance for removing children from the worst forms of child labour. Use, procuring or offering of a child for prostitution or illicit activities. The Committee previously noted that the CRC, in its concluding observations on the initial report of Djibouti of 28 June 2000, expressed its concern at the high and apparently increasing incidence of prostitution involving children, in particular girls, and at the lack of facilities providing services to sexually exploited children (CRC/C/15/Add.131, paragraph 57). The CRC also expressed its concern at the increasing involvement of children in the production and trafficking of psychotropic drugs, especially khat (CRC/C/15/Add.131, paragraph 55).

The Committee notes that the Government does not provide any information on this point in its report. However, it notes that the CRC, in its concluding observations of 7 October 2008, again expressed the concern that it had voiced in its previous concluding observations regarding the high number of children, particularly girls, involved in prostitution and regarding the lack of facilities providing services to sexually exploited children (CRC/C/DJI/CO/2, paragraph 70). The Committee again requests the Government to take effective and time-bound measures to remove children from prostitution and from the production and trafficking of drugs, and to ensure their rehabilitation and social reintegration. It also requests the Government to supply information in its next report on the progress achieved.

Clause (d). Identifying children at special risk. 1. Children orphaned as a result of HIV/AIDS. Further to its previous comments, the Committee notes that the CRC, in its concluding observations of 7 October 2008, while noting with interest the measures taken by the Government in favour of orphans and vulnerable children (OVCs), expressed concern that the prevalence of HIV/AIDS remained high and, without policy or any other interventions, could rise even higher (CRC/C/DJI/CO/2, paragraph 58). The Committee observes that, according to UNAIDS estimates, the number of HIV/AIDS orphans increased to 8,800 in 2011 (the number of HIV/AIDS orphans under 17 years of age had already increased from 1,500 in 2001 to 5,200 in 2007). However, the Committee notes that, according to the report submitted to the 2012 United Nations General Assembly Special Session on HIV/AIDS (UNGASS), Djibouti adopted a national strategic plan for 2008–12, the main objective of which is to reduce new HIV infections, improve overall care for persons living with HIV/AIDS and strengthen the coordination, management, monitoring and evaluation of the national response. Furthermore, the national plan seeks to support OVCs through the establishment of a specific programme implemented by the Ministry for the Promotion of Women and Social Affairs. Considering that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee again requests the Government to supply information on the impact of measures, policies and plans implemented under the abovementioned legislation on preventing the engagement of HIV/AIDS orphans in the worst forms of child labour. It requests the Government to supply information in its next report on the results achieved.

2. Street children. The Committee previously noted the Government’s information that most of the children living and working on the streets were of foreign origin and often worked as beggars or shoeshine boys or girls. The Government indicated that it is difficult to pinpoint the numbers of children living on the streets, but estimates suggest that there were several hundred in the city of Djibouti, with numbers constantly increasing.

The Committee notes that the Government does not provide any information on this matter in its report. It observes that the CRC, in its concluding observations of 7 October 2008, while noting the incorporation of initiatives relating to the issue of street children in the project operation documents of a number of ministries, continued to express concern at the very high number of children who are still on the streets and at the continued exposure of these children to prostitution, sexually transmissible infections, including HIV/AIDS, economic and sexual exploitation and violence (CRC/C/DJI/CO/2, paragraph 68). Considering that street children are particularly exposed to the worst forms of child labour, the Committee again requests the Government to take immediate and effective measures to protect them from the worst forms of child labour and ensure their rehabilitation and social reintegration, and also to provide information in its next report on progress made in this regard.

Clause (e). Particular situation of girls. The Committee previously noted that, according to UNICEF statistics, the primary school enrolment rate for boys for the years 2000–06 was 44 per cent, while the enrolment rate for girls was 36 per cent. The secondary school enrolment rates were 29 per cent for boys and 19 per cent for girls. The Committee observed that these statistics demonstrate a significant gender gap in school enrolment.

The Committee notes that the Government does not provide any information on this matter in its report. However, it notes that the CRC, in its concluding observations of 7 October 2008, expressed concern that, with increasing age, the majority of children no longer attend school and that gender disparities, stemming from social attitudes and poverty, remain a problem (CRC/C/DJI/CO/2, paragraph 62). The Committee further notes that, according to the 2009 UNICEF national report on Djibouti, the gender parity index (0.98) indicates that there is no longer any real gender disparity in terms of primary school attendance. As regards secondary education, even though the net enrolment rate has risen, work remains to be done to improve the gender parity index (0.82), which remains low. The Committee again 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 in its next report on progress made in this regard.

Article 8. Enhanced international cooperation and assistance. Poverty reduction. Further to its previous comments, the Committee notes the Government’s indication that it is continuing its efforts to formulate policies and plans that help to uphold children’s rights, particularly the adoption of the national sanitation development plan for 2008–12. The Committee further notes that, in 2004, Djibouti adopted a Poverty Reduction Strategy Paper (PRSP) with aims to reduce extreme poverty by 50 per cent by 2015, achieve education for all and establish a growth rate of 6.5 per cent. Moreover, the Committee notes that Djibouti, in conjunction with the European Union, adopted a country strategy paper and a national framework programme for 2008–13 (CSP), with close links to the national strategy defined by the PRSP, which aims to enhance the economic and social development of target regions and improve the living conditions of their inhabitants, to ensure an affordable electricity supply, and to facilitate access to drinking water and sewerage services. Noting 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 CSP on eliminating the worst forms of child labour.

Application of the Convention in practice. The Committee noted the Government’s statement that a multidisciplinary mission from the ILO Subregional Office in Addis Ababa took place in Djibouti in March 2008, following which the ILO offered the Government its assistance for conducting a national survey on child labour. The Government indicated that it hoped to launch this survey with ILO assistance once conditions were met for convening the National Council for Labour, Employment and Vocational Training.

The Committee observes that the Government does not provide any information on this matter in its report. Furthermore, it notes that the CRC, in its concluding observations of 7 October 2008, observed that there were gaps in the surveys that had been carried out in the areas of poverty, education and health and that there was insufficient capacity to centralize and analyse population data (CRC/C/DJI/CO/2, paragraph 20). The Committee requests the Government to take measures to ensure the availability of statistics on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of reported violations, investigations, prosecutions, convictions and penalties imposed. In addition, the Committee again requests the Government to supply a copy of the results of the national survey on child labour.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clauses (b) and (c). Use, procuring or offering of a child for prostitution, for the production of pornography or pornographic performances or for illicit activities. The Committee noted that the Government has not supplied any information in its report with regard any legislative provisions prohibiting the engagement of children in prostitution, pornography or illicit activities. The Committee noted that the national legislation did not appear to prohibit the use, procuring or offering of a child under 18 years of age for prostitution, for the production of pornography or pornographic performances or for illicit activities, in particular the production of drugs. It reminded the Government that, under the terms of Article 1 of the Convention, each Member which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to take immediate and effective measures to prohibit, in conformity with Article 3(b) and (c) of the Convention, the use, procuring or offering of a child under 18 years of age for prostitution, for the production of pornography or pornographic performances, or for illicit activities. It also requests the Government to establish penalties to this end.

Articles 3(d) and 4(1). Hazardous work and determination of types of hazardous work. General prohibition. The Committee noted that, under section 112 of Act No. 133/AN/05/5e issuing the Labour Code (Labour Code), women or young persons between 16 and 18 years of age may not be placed in employment recognized as being beyond their strength by an approved doctor at the request of a labour inspector. However, the Committee observed that there does not appear to be a provision in national legislation explicitly indicating a minimum age of 18 years for work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, as required by Article 3(d) of the Convention.

The Committee also noted that, under section 110 of the Labour Code, the employment of young persons in domestic work, hotels and bars is strictly prohibited, with the exception of employment strictly in the area of catering. In addition, under section 111 of the Labour Code, an order adopted at the proposal of the Minister of Labour and Minister of Health, further to an opinion of the National Council for Labour, Employment and Vocational Training, determines the nature of work and categories of enterprises prohibited to women, pregnant women and young persons and the age limit to which this prohibition applies. The Committee requests the Government to take the necessary measures to ensure that no person under 18 years of age may be authorized to perform hazardous work, in conformity with Article 3(d). It also requests the Government to indicate whether an order concerning the work and enterprises prohibited to young persons has been adopted pursuant to section 111 of the Labour Code and, if so, to supply a copy of it with its next report.

Self-employed workers. The Committee noted that, by virtue of section 1 of the Labour Code, the latter applies to the employment relationship between workers and employers. Section 1 also states that a worker is defined as any person who has undertaken to place his occupational activity under the supervision and authority of another natural or legal person, in return for remuneration. The Committee noted that this provision appears to indicate that the Labour Code applies solely to an employment relationship. The Committee therefore requests the Government to take immediate and effective measures to ensure that self-employed persons under 18 years of age 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.

Article 5. Monitoring mechanisms. Labour inspection. The Committee noted that sections 192–202 of the Labour Code provide for the role of the labour administration in the implementation, coordination and monitoring of the Labour Code and also for the role and power of labour inspectors and controllers during their inspection visits. However, it noted that the draft Decent Work Country Programme (DWCP) for Djibouti for 2008–12 indicates that the application by Djibouti of the two main ILO Conventions relating to child labour, namely on the minimum age and the worst forms of child labour, suffers from a lack of capacity within the mandated bodies, in particular the labour inspectorate within the Directorate of Labour and Relations with the Social Partners (Ministry of Employment). Furthermore, the Committee noted that, according to a 2007 report on findings on the worst forms of child labour (report on WFCL of 2007) available on the web site of the United Nations High Commissioner for Refugees (www.unhcr.org), the labour inspectorate had only one labour inspector and six labour controllers in April 2006. The Committee noted that, in the context of activities planned under the DWCP, particular emphasis will be placed on strengthening institutional and technical capacities. The Committee requests the Government to take immediate and effective measures to strengthen the action of the labour inspectorate, particularly through activities carried out under the DWCP, as a matter of urgency. It requests the Government to supply information on all progress made in this respect.

Vice squad and police force. The Committee noted that, according to the report on WFCL of 2007, the Vice squad and the police force are the competent authorities for monitoring the enforcement of the legislation relating to child labour. According to this source, the Vice squad closed a number of bars where children were engaged in prostitution. Furthermore, in 2007, the Vice squad captured an individual who had fled the country before his court case relating to the sexual exploitation of two young boys. This individual was found guilty and is now in prison. The Committee requests the Government to supply information on the work of the Vice squad and the police force in combating the worst forms of child labour.

Article 6. Programmes of action for eliminating the worst forms of child labour. The Committee noted that the DWCP for Djibouti for 2008–12 is based on three priorities, including the improvement of conditions of work through the promotion of national and international labour standards, with particular focus on child labour. It noted that, in the context of activities carried out under this priority, one of the objectives is that the ILO constituents and the social partners work together to prevent and eliminate the worst forms of child labour. In this regard, it is planned to formulate and implement a national plan of action for the elimination of the worst forms of child labour. The Committee requests the Government to provide information on progress made in the formulation of this national plan of action and its implementation, and on the results achieved.

Article 7(2). Effective and time bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee noted that, according to UNICEF statistics, the net primary school enrolment rate was 37 per cent for boys and 30 per cent for girls for the years 2000–06. At the secondary school level, the attendance rates were 27 per cent for boys and 18 per cent for girls. It noted that, according to the second periodic report of Djibouti to the Committee on the Rights of the Child of 11 December 2007, Djibouti has embarked on a reform of its education system on the basis of discussions which took place at the Education Summit in December 1999, which resulted in the adoption of a ten-year master plan for education and plans of action for education for 2001–05 and 2006–08 (CRC/C/DJI/2, paragraph 237). The objectives of these plans include improving the quality of education and providing access to compulsory basic education for nine years, i.e. for children between 6 and 16 years of age. With the implementation of these plans, the number of children in school has increased from 42,754 in 2000–01 to 53,743 in 2005–06 at the primary education level, and from 13,655 in 2000–01 to 21,129 in 2005–06 at the secondary education level. Furthermore, school attendance rates have become more stable and have also increased from 49.9 per cent in 2002–03 to 68.4 per cent in 2004–05. The Committee duly noted this information but expressed its concern at current enrolment rates, which remained very low. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to redouble its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to provide information on the specific measures taken in the context of the implementation of the master plan and plan of action for education to increase school attendance rates at both primary and secondary education levels, and to reduce school drop-out rates. It requests the Government to supply information on the results achieved in this respect.

2. Sale and trafficking of children. The Committee noted the Government’s information that Djibouti is a transit country for the sale and trafficking of persons, including children. This information is corroborated by a trafficking in persons report of 2008, available on the website of the United Nations High Commissioner for Refugees (www.unhcr.org) (report on trafficking of 2008), which indicates that Djibouti is a country of origin, transit and destination for the sale and trafficking of women and children for sexual exploitation and for domestic labour. The report also stated that the political authorities of Djibouti have a growing understanding of the scourge of the sale and trafficking of persons. In this regard, the report on WFCL of 2007 indicates that the Ministry of Communications launched its first campaign in March 2007 to raise awareness of the sale and trafficking of persons. The Committee requests the Government to provide information on the number of children who were prevented from sale and trafficking through the growing awareness and understanding of the people and authorities of Djibouti. It also requests the Government to redouble its efforts to protect children from sale and trafficking for economic or sexual exploitation and to communicate the results achieved.

Clause (b). Assistance for removing children from the worst forms of child labour. Use, procuring or offering of a child for prostitution or illicit activities. The Committee noted that the Committee on the Rights of the Child, in its concluding observations on the initial report of Djibouti of 28 June 2000, expressed its concern at the high and apparently increasing incidence of prostitution involving children, in particular girls, and at the lack of facilities providing services to sexually exploited children (CRC/C/15/Add.131, paragraph 57). The Committee of the Rights of the Child also expressed its concern at the increasing involvement of children in the production and trafficking of psychotropic drugs, especially khat (CRC/C/15/Add.131, paragraph 55). The Committee of the Rights of the Child recommended that the Government take the appropriate measures to prevent children from engaging in, or to withdraw them from, prostitution and drug trafficking, and to ensure their rehabilitation and social reintegration. The Committee requests the Government to take effective and time-bound measures to remove children from prostitution or the production and trafficking of drugs, and to ensure their rehabilitation and social reintegration. It also requests the Government to supply information on the results achieved.

Clause (d). Identifying children at special risk. 1. Children orphaned as a results of HIV/AIDS. The Committee noted that, according to the 2008 Report on the Global AIDS Epidemic drawn up by UNAIDS, it is estimated that the number of adults and children living with HIV/AIDS in Djibouti increased from 13,000 in 2001 to 16,000 in 2007. It also noted that, according to the same report, the number of AIDS orphans under 17 years of age increased from 1,500 in 2001 to 5,200 in 2007. The Committee noted that, in the written reply of 14 August 2008 by the Government of Djibouti to the list of issues relating to the consideration of the second periodic report of Djibouti by the Committee on the Rights of the Child (CRC/C/DJI/Q//2/Add.1), the Government indicates that Act No. 174/AN/07/5e L on appropriate protection measures for the situation of persons living with HIV/AIDS and for vulnerable groups was adopted on 27 April 2007. The purpose of the Act is to implement appropriate preventive measures to reduce and limit the pandemic and to provide health care. In addition, the Government stated that under section 3 of Act No. 196/AN/07/5e L on the establishment of a solidarity fund for orphans and children affected by HIV/AIDS, the solidarity fund is responsible, among other things, for the implementation of government policies on orphans and children affected by HIV/AIDS, the provision of funding and material, legal, medical and technical assistance for orphans and children affected by HIV/AIDS, and the promotion of projects or programmes launched by non-governmental organizations to improve the conditions and quality of life of orphans and children affected by HIV/AIDS. Furthermore, the Committee noted that, according to the Government’s comments to the Committee on the Rights of the Child of 14 August 2008, a strategic framework for the care of orphans and children at risk has recently been implemented. Considering that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee requests the Government to supply information on the impact of measures, policies and plans implemented under the abovementioned legislation, and within the strategic framework for the care of orphans and children at risk, on preventing the engagement of HIV/AIDS orphans in the worst forms of child labour. It requests the Government to supply information on the results achieved.

2. Street children. The Committee noted the Government’s information that most of the children living and working on the streets are of foreign origin and often work as beggars or shoeshine boys or girls. The Government indicated that it is difficult to pinpoint the numbers of children living in the streets, but estimates suggest that there are several hundred in the city of Djibouti, with numbers constantly increasing. Considering that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to take immediate and effective measures to protect them from the worst forms of child labour and ensure their rehabilitation and social reintegration as a matter of urgency.

Clause (e). Particular situation of girls. The Committee noted that, according to UNICEF statistics, the primary school enrolment rate for boys for the years 2000–06 was 44 per cent, while the enrolment rate for girls was 36 per cent. The secondary school level enrolment rates were 29 per cent for boys and 19 per cent for girls. The Committee observed that these statistics demonstrate a significant gender gap in school enrolment. It noted that, according to the second periodic report of Djibouti of 11 December 2007 to the Committee on the Rights of the Child, considerable efforts have been made to promote the enrolment of girls, including awareness campaigns and exploratory studies on the obstacles and action frameworks for the promotion of education for girls, as well as distribution of school kits by UNICEF (CRC/C/DJI/2, paragraph 248). According to the Government, these actions have made it possible to increase the girl/boy ratio in primary schools from 0.76 in 2002 to 0.98 in 2006. The Committee requests the Government to continue its efforts to give particular attention to the enrolment of girls in school to prevent their engagement in the worst forms of child labour.

Article 8. Enhanced international cooperation and assistance. Poverty reduction. The Committee noted that the DWCP 2008–12 for Djibouti indicates that Djibouti occupies the 148th position out of 177 countries according to the United Nations human development index for 2006, and that the impoverishment of the population is growing. Between 1996 and 2002, the relative poverty rate increased from 45.1 to 74 per cent, while the extreme poverty rate rose from 9.6 to 42.1 per cent during the same period. The Government therefore adopted in 2004 a poverty reduction strategy framework (PRSF) to boost growth, with the aim of ensuring the participation of the poorest groups in economic activities, as well as the National Social Development Initiative of the President of the Republic for 2008–11 (NSDI), which focuses on youth unemployment and provides for assistance for persons most at risk. Noting that poverty reduction programmes contribute towards breaking the circle of poverty, which is essential for eliminating the worst forms of child labour, the Committee requests the Government to supply information on the impact of the PRSF and NSDI on eliminating the worst forms of child labour.

Part V of the report form. Practical application of the Convention. The Committee noted the Government’s statement that a multidisciplinary mission from the ILO Subregional Office in Addis Ababa took place in Djibouti in March 2008, following which the ILO offered the Government its assistance to conduct a national survey on child labour. The Government indicated that it hopes to launch this survey with ILO assistance once conditions are met for convening the National Council for Labour, Employment and Vocational Training. The Committee also noted that, according to report on trafficking of 2008, an inquiry into a network for the sexual exploitation of children which operated in the 1990s was also launched in 2007. The Committee requests the Government to supply a copy of the results of the national survey on child labour and of the inquiry into the network for the sexual exploitation of children, once these investigations have been completed.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clauses (b) and (c). Use, procuring or offering of a child for prostitution, for the production of pornography or pornographic performances or for illicit activities. The Committee noted that the Government has not supplied any information in its report with regard any legislative provisions prohibiting the engagement of children in prostitution, pornography or illicit activities. The Committee noted that the national legislation did not appear to prohibit the use, procuring or offering of a child under 18 years of age for prostitution, for the production of pornography or pornographic performances or for illicit activities, in particular the production of drugs. It reminded the Government that, under the terms of Article 1 of the Convention, each Member which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to take immediate and effective measures to prohibit, in conformity with Article 3(b) and (c) of the Convention, the use, procuring or offering of a child under 18 years of age for prostitution, for the production of pornography or pornographic performances, or for illicit activities. It also requests the Government to establish penalties to this end.

Articles 3(d) and 4(1). Hazardous work and determination of types of hazardous work. General prohibition. The Committee noted that, under section 112 of Act No. 133/AN/05/5e issuing the Labour Code (Labour Code), women or young persons between 16 and 18 years of age may not be placed in employment recognized as being beyond their strength by an approved doctor at the request of a labour inspector. However, the Committee observed that there does not appear to be a provision in national legislation explicitly indicating a minimum age of 18 years for work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, as required by Article 3(d) of the Convention.

The Committee also noted that, under section 110 of the Labour Code, the employment of young persons in domestic work, hotels and bars is strictly prohibited, with the exception of employment strictly in the area of catering. In addition, under section 111 of the Labour Code, an order adopted at the proposal of the Minister of Labour and Minister of Health, further to an opinion of the National Council for Labour, Employment and Vocational Training, determines the nature of work and categories of enterprises prohibited to women, pregnant women and young persons and the age limit to which this prohibition applies. The Committee requests the Government to take the necessary measures to ensure that no person under 18 years of age may be authorized to perform hazardous work, in conformity with Article 3(d). It also requests the Government to indicate whether an order concerning the work and enterprises prohibited to young persons has been adopted pursuant to section 111 of the Labour Code and, if so, to supply a copy of it with its next report.

Self-employed workers. The Committee noted that, by virtue of section 1 of the Labour Code, the latter applies to the employment relationship between workers and employers. Section 1 also states that a worker is defined as any person who has undertaken to place his occupational activity under the supervision and authority of another natural or legal person, in return for remuneration. The Committee noted that this provision appears to indicate that the Labour Code applies solely to an employment relationship. The Committee therefore requests the Government to take immediate and effective measures to ensure that self-employed persons under 18 years of age 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.

Article 5. Monitoring mechanisms. Labour inspection. The Committee noted that sections 192–202 of the Labour Code provide for the role of the labour administration in the implementation, coordination and monitoring of the Labour Code and also for the role and power of labour inspectors and controllers during their inspection visits. However, it noted that the draft Decent Work Country Programme (DWCP) for Djibouti for 2008–12 indicates that the application by Djibouti of the two main ILO Conventions relating to child labour, namely on the minimum age and the worst forms of child labour, suffers from a lack of capacity within the mandated bodies, in particular the labour inspectorate within the Directorate of Labour and Relations with the Social Partners (Ministry of Employment). Furthermore, the Committee noted that, according to a 2007 report on findings on the worst forms of child labour (report on WFCL of 2007) available on the web site of the United Nations High Commissioner for Refugees (www.unhcr.org), the labour inspectorate had only one labour inspector and six labour controllers in April 2006. The Committee noted that, in the context of activities planned under the DWCP, particular emphasis will be placed on strengthening institutional and technical capacities. The Committee requests the Government to take immediate and effective measures to strengthen the action of the labour inspectorate, particularly through activities carried out under the DWCP, as a matter of urgency. It requests the Government to supply information on all progress made in this respect.

Vice squad and police force. The Committee noted that, according to the report on WFCL of 2007, the Vice squad and the police force are the competent authorities for monitoring the enforcement of the legislation relating to child labour. According to this source, the Vice squad closed a number of bars where children were engaged in prostitution. Furthermore, in 2007, the Vice squad captured an individual who had fled the country before his court case relating to the sexual exploitation of two young boys. This individual was found guilty and is now in prison. The Committee requests the Government to supply information on the work of the Vice squad and the police force in combating the worst forms of child labour.

Article 6. Programmes of action for eliminating the worst forms of child labour. The Committee noted that the DWCP for Djibouti for 2008–12 is based on three priorities, including the improvement of conditions of work through the promotion of national and international labour standards, with particular focus on child labour. It noted that, in the context of activities carried out under this priority, one of the objectives is that the ILO constituents and the social partners work together to prevent and eliminate the worst forms of child labour. In this regard, it is planned to formulate and implement a national plan of action for the elimination of the worst forms of child labour. The Committee requests the Government to provide information on progress made in the formulation of this national plan of action and its implementation, and on the results achieved.

Article 7(1). Penalties. The Committee noted that, under section 8 of Act No. 210/AN/07/5e L of 27 December 2007 on combating the trafficking of human beings, any person who is found guilty of the sale or trafficking of persons shall be liable to imprisonment of ten to 15 years and a fine of between 500,000 and 5,000,000 Djibouti francs, if the victim has been subjected to the worst forms of labour. Section 9 of the same Act states that the prison term shall be doubled if the trafficking has resulted in the disappearance or death of the victim. The Committee also noted that, under section 288 of the Labour Code, anyone who violates the provisions of the orders adopted pursuant to section 111 concerning work and enterprises prohibited to young persons shall be liable to a fine of between 100,000 and 200,000 Djibouti francs, and between 200,000 and 400,000 Djibouti francs for a repeat offence.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted that, according to UNICEF statistics, the net primary school enrolment rate was 37 per cent for boys and 30 per cent for girls for the years 2000–06. At the secondary school level, the attendance rates were 27 per cent for boys and 18 per cent for girls. It noted that, according to the second periodic report of Djibouti to the Committee on the Rights of the Child of 11 December 2007, Djibouti has embarked on a reform of its education system on the basis of discussions which took place at the Education Summit in December 1999, which resulted in the adoption of a ten-year master plan for education and plans of action for education for 2001–05 and 2006–08 (CRC/C/DJI/2, paragraph 237). The objectives of these plans include improving the quality of education and providing access to compulsory basic education for nine years, i.e. for children between 6 and 16 years of age. With the implementation of these plans, the number of children in school has increased from 42,754 in 2000–01 to 53,743 in 2005–06 at the primary education level, and from 13,655 in 2000–01 to 21,129 in 2005–06 at the secondary education level. Furthermore, school attendance rates have become more stable and have also increased from 49.9 per cent in 2002–03 to 68.4 per cent in 2004–05. The Committee duly noted this information but expressed its concern at current enrolment rates, which remained very low. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to redouble its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to provide information on the specific measures taken in the context of the implementation of the master plan and plan of action for education to increase school attendance rates at both primary and secondary education levels, and to reduce school drop-out rates. It requests the Government to supply information on the results achieved in this respect.

Sale and trafficking of children. The Committee noted the Government’s information that Djibouti is a transit country for the sale and trafficking of persons, including children. This information is corroborated by a trafficking in persons report of 2008, available on the website of the United Nations High Commissioner for Refugees (www.unhcr.org) (report on trafficking of 2008), which indicates that Djibouti is a country of origin, transit and destination for the sale and trafficking of women and children for sexual exploitation and for domestic labour. The report also stated that the political authorities of Djibouti have a growing understanding of the scourge of the sale and trafficking of persons. In this regard, the report on WFCL of 2007 indicates that the Ministry of Communications launched its first campaign in March 2007 to raise awareness of the sale and trafficking of persons. The Committee requests the Government to provide information on the number of children who were prevented from sale and trafficking through the growing awareness and understanding of the people and authorities of Djibouti. It also requests the Government to redouble its efforts to protect children from sale and trafficking for economic or sexual exploitation and to communicate the results achieved.

Clause (b). Assistance for removing children from the worst forms of child labour. Use, procuring or offering of a child for prostitution or illicit activities. The Committee noted that the Committee on the Rights of the Child, in its concluding observations on the initial report of Djibouti of 28 June 2000, expressed its concern at the high and apparently increasing incidence of prostitution involving children, in particular girls, and at the lack of facilities providing services to sexually exploited children (CRC/C/15/Add.131, paragraph 57). The Committee of the Rights of the Child also expressed its concern at the increasing involvement of children in the production and trafficking of psychotropic drugs, especially khat (CRC/C/15/Add.131, paragraph 55). The Committee of the Rights of the Child recommended that the Government take the appropriate measures to prevent children from engaging in, or to withdraw them from, prostitution and drug trafficking, and to ensure their rehabilitation and social reintegration. The Committee requests the Government to take effective and time-bound measures to remove children from prostitution or the production and trafficking of drugs, and to ensure their rehabilitation and social reintegration. It also requests the Government to supply information on the results achieved.

Clause (d). Identifying children at special risk. Children orphaned as a results of HIV/AIDS. The Committee noted that, according to the 2008 Report on the Global AIDS Epidemic drawn up by UNAIDS, it is estimated that the number of adults and children living with HIV/AIDS in Djibouti increased from 13,000 in 2001 to 16,000 in 2007. It also noted that, according to the same report, the number of AIDS orphans under 17 years of age increased from 1,500 in 2001 to 5,200 in 2007. The Committee noted that, in the written reply of 14 August 2008 by the Government of Djibouti to the list of issues relating to the consideration of the second periodic report of Djibouti by the Committee on the Rights of the Child (CRC/C/DJI/Q//2/Add.1), the Government indicates that Act No. 174/AN/07/5e L on appropriate protection measures for the situation of persons living with HIV/AIDS and for vulnerable groups was adopted on 27 April 2007. The purpose of the Act is to implement appropriate preventive measures to reduce and limit the pandemic and to provide health care. In addition, the Government stated that under section 3 of Act No. 196/AN/07/5e L on the establishment of a solidarity fund for orphans and children affected by HIV/AIDS, the solidarity fund is responsible, among other things, for the implementation of government policies on orphans and children affected by HIV/AIDS, the provision of funding and material, legal, medical and technical assistance for orphans and children affected by HIV/AIDS, and the promotion of projects or programmes launched by non-governmental organizations to improve the conditions and quality of life of orphans and children affected by HIV/AIDS. Furthermore, the Committee noted that, according to the Government’s comments to the Committee on the Rights of the Child of 14 August 2008, a strategic framework for the care of orphans and children at risk has recently been implemented. Considering that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee requests the Government to supply information on the impact of measures, policies and plans implemented under the abovementioned legislation, and within the strategic framework for the care of orphans and children at risk, on preventing the engagement of HIV/AIDS orphans in the worst forms of child labour. It requests the Government to supply information on the results achieved.

Street children. The Committee noted the Government’s information that most of the children living and working on the streets are of foreign origin and often work as beggars or shoeshine boys or girls. The Government indicated that it is difficult to pinpoint the numbers of children living in the streets, but estimates suggest that there are several hundred in the city of Djibouti, with numbers constantly increasing. Considering that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to take immediate and effective measures to protect them from the worst forms of child labour and ensure their rehabilitation and social reintegration as a matter of urgency.

Clause (e). Particular situation of girls. The Committee noted that, according to UNICEF statistics, the primary school enrolment rate for boys for the years 2000–06 was 44 per cent, while the enrolment rate for girls was 36 per cent. The secondary school level enrolment rates were 29 per cent for boys and 19 per cent for girls. The Committee observed that these statistics demonstrate a significant gender gap in school enrolment. It noted that, according to the second periodic report of Djibouti of 11 December 2007 to the Committee on the Rights of the Child, considerable efforts have been made to promote the enrolment of girls, including awareness campaigns and exploratory studies on the obstacles and action frameworks for the promotion of education for girls, as well as distribution of school kits by UNICEF (CRC/C/DJI/2, paragraph 248). According to the Government, these actions have made it possible to increase the girl/boy ratio in primary schools from 0.76 in 2002 to 0.98 in 2006. The Committee requests the Government to continue its efforts to give particular attention to the enrolment of girls in school to prevent their engagement in the worst forms of child labour.

Article 8. Enhanced international cooperation and assistance. Poverty reduction. The Committee noted that the DWCP 2008–12 for Djibouti indicates that Djibouti occupies the 148th position out of 177 countries according to the United Nations human development index for 2006, and that the impoverishment of the population is growing. Between 1996 and 2002, the relative poverty rate increased from 45.1 to 74 per cent, while the extreme poverty rate rose from 9.6 to 42.1 per cent during the same period. The Government therefore adopted in 2004 a poverty reduction strategy framework (PRSF) to boost growth, with the aim of ensuring the participation of the poorest groups in economic activities, as well as the National Social Development Initiative of the President of the Republic for 2008–11 (NSDI), which focuses on youth unemployment and provides for assistance for persons most at risk. Noting that poverty reduction programmes contribute towards breaking the circle of poverty, which is essential for eliminating the worst forms of child labour, the Committee requests the Government to supply information on the impact of the PRSF and NSDI on eliminating the worst forms of child labour.

Part V of the report form. Practical application of the Convention. The Committee noted the Government’s statement that a multidisciplinary mission from the ILO Subregional Office in Addis Ababa took place in Djibouti in March 2008, following which the ILO offered the Government its assistance to conduct a national survey on child labour. The Government indicated that it hopes to launch this survey with ILO assistance once conditions are met for convening the National Council for Labour, Employment and Vocational Training. The Committee also noted that, according to report on trafficking of 2008, an inquiry into a network for the sexual exploitation of children which operated in the 1990s was also launched in 2007. The Committee requests the Government to supply a copy of the results of the national survey on child labour and of the inquiry into the network for the sexual exploitation of children, once these investigations have been completed.