Country profile DJI
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1988-05-31 | C182 | Decree No. 2018-190/PR/MD revising Decree No. 88-043/PR/DEF of 31 May 1988, revised in 2002, of the ‘marathon’ commission relating to the General Military Statute (SGM) - Article 77 | [{"link_name":"Decree No.2018-190/PR/MD","source_link":"https://www.journalofficiel.dj/texte-juridique/decret-n2018-190-pr-md-portant-revision-du-decret-de-la-commission-marathon-n88-043-pr-def-du-31-mai-1988-revise-en-2002-relatif-au-statut-general-des-militaires-sgm/"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Article 77 stipulates that to be eligible to enlist in the armed forces, one should be aged between 18 and 26 years. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2016-03-24 | C182 | Law on the Fight Against the Trafficking of Persons and the Illegal Smuggling of Migrants - Articles 1 to 8 | [{"link_name":"Law on the Fight Against the Trafficking of Persons and the Illegal Smuggling of Migrants","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/101766/DJI-101766.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Articles 1 to 8 of the Law on the Fight Against the Trafficking of Persons and the Illegal Smuggling of Migrants prohibit the sale and trafficking of children. |
| List of hazardous activities prohibited for children | 2015-06-15 | C138 & C182 | Labour Code - Articles 110, 111 | [{"link_name":"-Labour Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/73358/DJI-73358.pdf"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4118651,103044"}] | No | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Article 110 of the Labour Code mentions some activities that are prohibited to persons under 18 years. Article 111 refers to 'A decree issued on the proposal of the Minister of Labour and the Minister of Health, after consulting the National Council of Labour, Employment, and Professional Training, defines the nature of the work and the categories of businesses prohibited to women, pregnant women, and young people, and the age limit to which the prohibition applies.' In its CEACR Observation adopted in 2021 on C138, the Committee 'once again requests the Government to take the necessary steps to ensure that the order determining the nature of the work and the categories of enterprise prohibited for young people under 18 years of age is adopted in the near future under Section 111 of the Labour Code.' |
| Minimum age for hazardous work | 2006-01-28 | C138 & C182 | Labour Code - Articles 108, 110, and 111 | [{"link_name":"Labour Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/73358/DJI-73358.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Articles 108, 110, and 111 of the Labour Code set the minimum age for hazardous work in Djibouti at 18 years, thereby aligning with ILO Convention 138. |
| Minimum age for admission to apprenticeship | 2006-01-26 | C138 | Labour Code - Article 108 | [{"link_name":"Labour Code","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/73358/DJI-73358.pdf"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | In accordance with Article 108 of the Labour Code, all work by minors is strictly prohibited in Djibouti. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2000-07-10 | C138 | Law on the Orientation of the Education System - Articles 4 and 14 | [{"link_name":"Law on the Orientation of the Education System","source_link":"https://web.archive.org/web/20220120071304/https:/www.presidence.dj/PresidenceOld/LES%20TEXTES/loi96an00.htm"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | In Djibouti, compulsory education is mandated until the age of 16, as specified in Articles 4 and 14 of the Law on the Orientation of the Education System. This law aligns the age of completion of compulsory education with the minimum age for admission to employment, ensuring that children remain in school until they are legally allowed to work. |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"N/A","source_link":"N/A"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Light work is not permitted in Djibouti. |
| Minimum age for light work | N/A | C138 | N/A | [{"link_name":"N/A","source_link":"N/A"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Light work is not permitted in Djibouti. |
| Minimum age for admission to work | 2006-01-28 | C138 | Labour Code - Article 5 | [{"link_name":"Labour Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/73358/DJI-73358.pdf"}] | 16 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Article 5 of the Labour Code sets the minimum age for admission to work at 16. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1995-01-05 | C182 | Criminal code - Article 461 | [{"link_name":"Criminal Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/111743/DJI-111743.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article 461 of the Djibouti Criminal Code prohibits the use of children for illicit activities. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1995-01-05; 2007-12-27 | C182 | Criminal code - Articles 396, 462, 463 ; Act on Combating Trafficking in Human Beings | [{"link_name":"-Criminal Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/101766/DJI-101766.pdf"},{"link_name":"-Act on Combating Trafficking in Human Beings","source_link":"https://www.rodra.co.za/images/countries/djibouti/legislation/relative%20%C3%A0%20la%20Lutte%20Contre%20le%20Trafic%20des%20Etres%20Humains.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Articles 396 and 462 of the Djibouti Criminal Code explicitly prohibit offering a child for the purpose of prostitution, and Article 463 prohibits the use of children's images for pornography. Besides, the December 2007 Act on Combating Trafficking in Human Beings prohibits all forms of human trafficking. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 28-FEB-2005 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 14-JUN-2005 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| By extending its protection against human trafficking to minors, the Plan emphasized the strengthening of regional, bilateral, and international cooperation, the protection and assistance of trafficking victims, and capacity building. | [{"link_name":"National Action Plan to combat human trafficking and migrant smuggling","source_link":"https://eastandhornofafrica.iom.int/sites/g/files/tmzbdl701/files/documents/2023-03/Strategie%20Nationale%20pour%20les%20Migrations.pdf"}] | 2014-2020 | National Action Plan to combat human trafficking and migrant smuggling | Interministerial Committee for the Coordination of the Fight against Trafficking in Persons |
| The SDEF is structured around three strategic axes: Equitable access to education and training by ensuring that all girls and boys, regardless of background or location, have access to the full cycle of education and training services; Improve quality and relevance by strengthening teaching and learning processes, upgrading curricula and training, and aligning education/training with the labour market and national development needs; Implement transparent, inclusive and efficient governance by building governance systems, institutional capacity, partnerships and accountability mechanisms to manage the sector effectively. | [{"link_name":"Education and Training Plan","source_link":"https://www.journalofficiel.dj/wp-content/uploads/2024/08/schema_directeur_2021-2035.pdf"}] | 2021-2035 | Education and Training Plan | Ministry of National Education and Vocational Training (MENFOP) |
| Supervised by the Prime Minister, the Council brings together key ministries, civil society and UN agencies. It steers the National Strategic Policy for Children, organises coordination, proposes policy guidelines and produces regular reports to monitor progress. | [{"link_name":"National Council for Children's Rights","source_link":"https://www.journalofficiel.dj/texte-juridique/decret-n2021-193-pr-meff-portant-organisation-et-fonctionnement-du-conseil-national-de-droits-de-lenfant-en-republique-de-djibouti/"}] | Since 2012 | National Council for Children's Rights | Pime Minister |
| The Djibouti National Child Policy aims to ensure the comprehensive development and protection of children through a multisectoral approach. These objectives are part of a broader strategy to secure the rights and well-being of all children in Djibouti, ensuring their development in a safe and nurturing environment. | [{"link_name":"National Child Policy","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/114408/DJI-114408.pdf"}] | 2022-2032 | National Child Policy | The Ministry of Women and Family (MFF) |
| The National Strategic Plan for Childhood in Djibouti provides political and strategic guidelines for implementing the country's child protection policy; it aims to significantly improve child well-being and protection. Key objectives include reducing suboptimal child development and the number of children affected by neglect, abuse, and exploitation. Strategic focuses include providing quality health and nutrition, promoting early learning, ensuring safety, strengthening governance, and utilising data and innovation. The Ministry of Women and Family coordinates implementation, involving various ministries and partners, with annual evaluations and a mid-term review in 2024 to ensure progress. | [{"link_name":"The National Strategic Plan for Childhood in Djibouti","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/114409/DJI-114409.pdf"}] | 2022-2026 | The National Strategic Plan for Childhood in Djibouti | The Ministry of Women and Family (MFF) |