Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Djibouti (Ratification: 1978)

1. The Committee notes that the report has not been received. It therefore reminds the Government that, in its previous request, it noted that, under section 27 of the Statutes of the General Union of Djibouti Workers (UGTD), the Congress may grant or refuse membership to national trade unions on presentation of their affiliation application and written acceptance of the statutes and rules of the UGTD. The Committee once again requests the Government to supply information on the effect given to this provision in practice and to indicate whether the UGTD has already expelled a national trade union and, if so, what were the consequences of this action.

2. With reference to section 20 of Decree No. 83-009/PR/FP, of 10 September 1983, establishing the conditions for the exercise of the right to organise and the right to strike, the Committee once again requests the Government to state which categories of public servants do not enjoy the right to strike under specific conditions of service or because they are engaged in employment which is included in a list established by Order. Furthermore, the Committee requests the Government to transmit any decree adopted under section 23 of the above Decree to requisition public servants who are indispensable to the life of the nation and to the operation of essential services.

3. The Committee also notes that, by virtue of section 6 of the Labour Code, foreign workers are not authorised to hold trade union office. In the Committee's opinion, legislative provisions which restrict the holding of trade union office to nationals of the country are such as to restrict the right of workers to elect their representatives in full freedom. The Committee would be grateful if the Government would envisage the adoption of measures to make the legislation more flexible in order to enable foreign workers to hold trade union office, at least after a reasonable period of residence in the country.

4. In the absence of specific provisions to this effect, the Committee requests the Government to indicate whether, in practice, trade union organisations enjoy the right to affiliate with international organisations.

5. The Committee notes from a previous report by the Government that occupational unions are subject to the provisions of the French Act of 1901 on associations, as amended on 27 June 1977, and that they are therefore obliged to register a statement of their establishment in order to obtain legal personality. The Committee requests the Government to indicate what channels of appeal are available to the constituent members of a trade union in the event that, after registering this statement, a receipt of the statement is not issued within the prescribed time-limits.