Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Abolition of Forced Labour Convention, 1957 (No. 105) - Djibouti (Ratification: 1978)

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(a) of the Convention. Imposition of prison sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic order. The Committee previously noted that pursuant to section 23 of Act No. 144/AN/80 of 16 September 1980 issuing the Prison Code and section 10 of Order No. 2011-0845/PR/MJDH issuing the internal rules of prisons, the prison administration could organize prison work. Furthermore, sections 42 and 43 of Act No. 144/AN/80 provide for the possibility of granting a special status to political prisoners but do not refer to their obligation to work. It also noted the Government’s indication that the national legislation does not specify whether or not prison labour is compulsory and that the prison administration exercises unilateral power to organize prison work. Noting that it is not clear from the national legislation nor from the information previously provided by the Government whether prison labour is compulsory or not, the Committee once again requests the Government to indicate whether, in practice, detainees can be required to perform work by the prison administration and, if so, to indicate the consequences of the detainees’ refusal to do so.

Pending clarification on this point, the Committee requested the Government to provide information on the application in practice of a number of provisions of the national legislation. In this regard, the Committee recalled that the Convention protects persons who express political views or views ideologically opposed to the established political, social or economic system by establishing that in the context of activities they carry on for these purposes they cannot be punished by sanctions involving an obligation to work. The Committee referred to:

• – Section 19 of Act No. 1/AN/92/2eL of 15 September 1992 on political parties under which whomsoever, in breach of the Act, founds, directs or administers a party of whatever form or denomination shall be liable to a penalty of imprisonment and/or a fine. The same section provides for prison sanctions for any person directing, administering or belonging to a political party that is maintained or reconstituted while it is suspended or after being dissolved.
• – Sections 78 and 79 of the Act No. 2/AN/92/2eL of 15 September 1992 on freedom of communication, which provide for sanction of imprisonment for offending the honour of the President of the Republic as well as for the publication, dissemination or reproduction by whatever means of false information.
• – Sections 182, 188(1), 189 and 427 of the Penal Code, which provide for prison sanctions for the commission of the following acts: the organization of a demonstration in a public place without notice or in breach of a prohibition, or the filing of an incomplete or inaccurate application likely to be misleading concerning the purpose or conditions of the planned demonstration (section 182); contempt towards the President of the Republic (section 188(1)); contempt towards a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public officer or a law enforcement agent, or a person responsible for performing a public service (section 189); public slander or libel against a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public servant, a person exercising public authority or a person responsible for performing a public service; the courts, the army, constitutional bodies or public administrations (section 427).

The Committee requests the Government to provide information on the application in practice of the above-mentioned provisions, including examples of court decisions defining or illustrating their scope or information on the grounds for prosecution and the sanctions imposed.