Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Djibouti (Ratification: 2005)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 3(1) of the Convention. Participation of representative organizations. The Committee notes the Government’s report received in May 2013 in reply to the comments made between 2008 and 2012. The Government indicates in its report that section 215 of the Labour Code is the legal framework governing trade union representativeness, providing that “the representative nature of trade union organizations shall be determined by the outcome of workplace representation elections” and that “the ranking ... thus determined by the workplace elections shall be recorded in an order issued by the Minister in charge of labour”. The Government adds that in order to fill the current institutional void, a draft order is in preparation, that the criteria to determine the representativeness of employers’ and workers’ organizations is still to be determined in this context, and that the draft will shortly be submitted to the National Council on Labour, Employment and Social Security. Moreover, the Government indicates that the General Union of Djibouti Workers (UGTD) organized a representational election on 8 August 2009 in the presence of observers from several international trade union organizations, whereas the Labour Union of Djibouti (UDT) has not yet organized such an election to legitimize its leader, and that it urges the UDT to do so promptly to avoid the risk of being excluded from all national and international tripartite bodies. As regards the employers, the Government indicates that the Federation of Employers of Djibouti (FED) and the National Confederation of Employers of Djibouti (CNED) represent employers on all tripartite bodies and that their leaders are up to date with their terms of office. Referring again to issues concerning freedom of association examined by the Committee on Freedom of Association and to its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee expresses the hope that the Government will be in a position to secure for all employers’ and workers’ organizations present in the country the right to free and transparent elections in an environment that fully respects their capacity to act with complete independence. It also hopes that the abovementioned order will be adopted by the Government following consultations with the employers’ and workers’ organizations and that it will establish objective and transparent criteria for appointing workers’ representatives in national and international tripartite bodies, including the International Labour Conference.

Financing of training. Recalling its previous comments, the Committee again invites the Government to describe in its next report the appropriate arrangements made for the financing of any necessary training of participants in consultation procedures (Article 4(2)).

Tripartite consultations required by the Convention. Frequency of tripartite consultations. In reply to the Committee’s previous comments, the Government indicates that the National Council for Labour, Employment and Vocational Training (CTEFP) has been replaced by the National Council for Labour, Employment and Social Security (CONTESS), established on 30 December 2012. The Government further indicates that the consultations on international labour standards, referred to in Article 5(1) of the Convention, will be held at a later date because CONTESS has a heavy workload. The Committee recalls that the consultations specified in Article 5(1) of the Convention are to be undertaken at appropriate intervals fixed by agreement, but at least once a year (Article 5(2)). The Committee invites the Government to provide in its next report detailed information on the consultations held on each of the matters listed in Article 5(1) of the Convention, indicating the content of the recommendations made by the social partners as a result of the consultations. It invites the Government to respect the frequency of the tripartite consultations required by Article 5(2) of the Convention prescribing appropriate intervals fixed by agreement, but at least once a year.

Article 5(1)(b). Tripartite consultations prior to submission to the National Assembly. The Committee refers to its observations on the constitutional obligation to submit instruments, in which it expresses deep concern at Djibouti’s failure to submit 65 instruments adopted by the Conference between 1980 and 2012. It requests the Government to provide information on effective consultations held with the social partners on the proposals made to the National Assembly upon the submission of instruments adopted by the Conference.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.