Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes the Government’s report. It also notes the communication of the International Confederation of Free Trade Unions (ICFTU), which indicates that the draft of the new Labour Code, adopted by the Council of Ministers, constitutes a clear regression in social terms and still has to be approved by the Parliamentary Assembly. The ICFTU’s communication also refers to recurring examples of failure to comply with trade union rights (discrimination and harassment against trade union leaders, dismissals under abusive conditions and attempts to destabilize a trade union). The Committee asks the Government to reply to these comments in its next report.

Furthermore, the Committee recalls that for several years its comments have been focused on the need to repeal or amend the following provisions:

-  Section 5 of the Act on associations, which requires organizations to obtain authorization prior to their establishment as trade unions (Article 2 of the Convention).

-  Section 6 of the Labour Code, which limits the holding of trade union office to nationals of Djibouti (Article 3).

-  Section 23 of Decree No. 23-099/PR/FP of 10 September 1983, which confers upon the President of the Republic broad powers to requisition public servants who are indispensable to the life of the nation and the proper operation of essential public services, with a view to restricting the power of requisition to public servants who exercise authority in the name of the State or in essential services in the strict sense of the term (Article 3).

The Committee notes the Government’s statement in its last report that these matters would be covered in the next review of labour laws and regulations which it wished to undertake with the assistance of the Office. The Committee also requests the Government to provide information in its next report on the progress achieved in the work of revising the Labour Code, as well as a copy of the new text when it is adopted. The Committee once again hopes that the Government will take the necessary measures to bring the legislation into full conformity with the Convention and requests it to keep it informed in this respect.

With regard to the reinstatement in their jobs of nine trade union leaders of the UGTD/UDT, who were dismissed in reprisal for their participation in legitimate trade union activities against structural adjustment measures, the Committee noted that six of them were reinstated in their original departments in February 2002 and that the reinstatement of the other three leaders was under way. The Committee requests the Government to ensure that all the trade union leaders have indeed been reinstated in their jobs.