Interim Report - Report No 359, March 2011

Case No 2753 (Djibouti) - Complaint date: 29-DEC-09 - Follow-up

Allegations: The complainant denounces the closure of its premises and the confiscation of the key to its letter box by order of the authorities, the intervention of the police at a trade union meeting, the arrest and questioning of trade union officers, and the general ban on trade unions from holding any meetings

1. 395. The complaint is contained in a communication dated 29 December 2009 presented by the Djibouti Labour Union (UDT).
2. 396. Since there has been no reply from the Government, the Committee has been obliged to postpone its examination of the case twice. At its November 2010 meeting [see 358th Report, para. 5], the Committee made an urgent appeal to the Government indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body (1972), it could present a report on the substance of the case at the next meeting, even if the requested information or observations had not been received in time. To date, the Government has not sent any information.
3. 397. Djibouti has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant’s allegations

1. 398. In a communication dated 29 December 2009, the UDT denounces interference by the authorities and acts of intimidation against the trade union movement, prevention of access to its premises and violation of its correspondence.
2. 399. The complainant alleges that, early in the morning of 13 October 2009, a trade union training session which it was holding at the Palais du Peuple was interrupted by the police, who then prevented the activity from continuing. At this time, two union members – Mr Anouar Mohamed Ali, general secretary of the Djibouti Electricity Workers’ Union (STED), and Mr Abdourachid Mohamed Arreh, member of the Primary School Teachers’ Union (SEP) – were arrested and interrogated by the police. The complainant adds that it was informed on the same day, by the management of the hotel where its congress was due to take place, that its reservation had been cancelled by order of the authorities and that it was now necessary to obtain authorization from the Ministry of the Interior to organize such an activity. According to the UDT, the services of the Ministry of the Interior confirmed that the prohibition measures were directed at the two trade union organizations.
3. 400. The complainant also states that, on the following day (14 October 2009), Mr Adan Mohamed Abdou, general secretary of the UDT, was prevented from entering the organization’s headquarters, where two police officers were on guard and controlling access. The keys to the UDT’s letter box were also confiscated.
4. 401. Furthermore, the UDT denounces the fact that, at the 98th Session (June 2009) of the International Labour Conference, a UDT official caught an employee from the diplomatic representation of Djibouti in Geneva, who was also a member of the Djiboutian delegation, in the act of appropriating mail addressed to the UDT.
5. 402. According to the UDT, such measures of harassment and discrimination constitute anti-union activity as defined by the new Labour Code, section 215 of which clearly states that the legal existence of a trade union is subject to registration formalities and verification of its legality.

B. The Committee’s conclusions

1. 403. The Committee regrets that, despite the time that has elapsed since the presentation of the complaint, the Government has not replied to the complainant’s allegations, even though it has been requested several times, including through an urgent appeal, to present its comments and observations on this case. The Committee urges the Government to be more cooperative in the future.
2. 404. Hence, in accordance with the applicable procedural rules [see 127th Report, para. 17, approved by the Governing Body at its 184th Session (1972)], the Committee is obliged to present a report on the substance of the case without being able to take account of the information which it had hoped to receive from the Government.
3. 405. The Committee reminds the Government that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to promote respect for this freedom in law and in fact. The Committee remains confident that, if the procedure protects governments from unreasonable accusations, governments, on their side, will recognize the importance of presenting, for objective examination, detailed replies concerning allegations made against them [see First Report, para. 31].
4. 406. The Committee notes that the present case is concerned with alleged interference by the authorities in trade union activities and acts of intimidation against the trade union movement, the ban on the UDT with regard to its premises and its correspondence and the violation of its mail during an international conference.
5. 407. The Committee observes that the complainant’s allegations may be summarized as follows: early in the morning of 13 October 2009, a pre-congress training session held by the UDT at the Palais du Peuple was interrupted by the police, who then prevented the continuation of the activity. At this occasion, two union members – Mr Anouar Mohamed Ali, general secretary of the STED, and Mr Abdourachid Mohamed Arreh, member of the SEP – were arrested and interrogated by the police. The UDT was then informed by the management of the hotel where its congress was due to take place that its reservation had been cancelled by order of the authorities and that it was now necessary to obtain authorization from the Ministry of the Interior to organize such an activity. According to the UDT, the services of the Ministry of the Interior confirmed that the prohibition measures were directed at the two trade union organizations.
6. 408. The Committee is deeply concerned by the complainant’s allegations, which describe acts of interference by the authorities against the UDT and the trade union movement in general, to which the Government has made no reply to date. The Committee urges the Government to send its observations without delay concerning the intervention by the police and the need to obtain authorization from the Ministry of the Interior for organizing trade union meetings such as the union congress. The Committee recalls that, in view of the fact that in every democratic trade union movement the congress of members is the supreme trade union authority which determines the regulations governing the administration and activities of trade unions and which establishes their programme, the prohibition of such congresses would seem to constitute an infringement of trade union rights [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 456].
7. 409. As regards the allegations concerning the arrest of the trade union members, the Committee urges the Government to explain the reasons for the arrest and interrogation of Mr Anouar Mohamed Ali, general secretary of the STED, and Mr Abdourachid Mohamed Arreh, member of the SEP. The Committee recalls that measures depriving trade unionists of their freedom on grounds related to their trade union activity, even where they are merely summoned or questioned for a short period, constitute an obstacle to the exercise of trade union rights [see Digest, op. cit., para. 63].
8. 410. The Committee further notes the complainant’s allegations that, on 14 October 2009 Mr Adan Mohamed Abdou, UDT general secretary, was prevented from entering the organization’s headquarters, where two police officers were on guard and controlling access, and that the keys to the UDT’s letter box were confiscated. Finally, the Committee notes that the UDT denounces the fact that, at the 98th Session (June 2009) of the International Labour Conference, a UDT official caught an employee from the diplomatic representation of Djibouti in Geneva, who was also a member of the Djiboutian delegation, in the act of appropriating mail addressed to the UDT. The Committee is bound to express its deep concern by these allegations of serious interference by the authorities in trade union activities and urges the Government to provide explanations in reply to the UDT allegations. The Committee recalls that the inviolability of trade union premises and property, including its mail, is a civil liberty which is essential to the exercise of trade union rights. The Committee also recalls that the access of trade union members to their union premises should not be restricted by the state authorities [see Digest, op. cit., para. 192].
9. 411. Finally, the Committee notes that, according to the complainant, the interference and harassment carried out by the authorities constitute anti-union activity as defined by the new Labour Code, section 215, which clearly states that the legal existence of a trade union is subject to registration formalities and verification of its legality. The Committee recalls that, in the examination of a previous, still active case concerning Djibouti, it concluded that it was necessary for the Government, in consultation with the social partners, to modify section 215 of the Labour Code so as to guarantee the right to establish workers’ and employers’ organizations without previous authorization, remove the provisions which de facto give discretionary powers to the authorities, and ensure that the registration procedure is just a formality [Case No. 2450, 348th Report, para. 557]. The Committee expects that any adopted measures to address this matter will rapidly enter into force.
10. 412. In conclusion, and from a general point of view, the Committee recalls that it has been urging the Government for many years to give priority to promoting and defending freedom of association and to give effect as a matter of urgency to the specific commitments which it has made vis-à-vis the international authorities to settle pending issues and enable transparent and sustainable social dialogue in Djibouti. The Committee is bound to note with deep concern the blatant lack of progress and the apparent unwillingness on the part of the Government to settle the pending issues, particularly to stop the harassment suffered by the UDT. The Committee expresses, in the strongest terms, its expectation that the Government will take concrete measures without delay to improve the situation.

The Committee's recommendations

1. 413. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets that, despite the time that has elapsed since the presentation of the complaint, the Government has not replied to the complainant’s allegations, even though it has been requested several times, including through an urgent appeal, to present its comments and observations on this case. The Committee urges the Government to be more cooperative in the future.
   • (b) The Committee urges the Government to send its observations without delay concerning the intervention by the police and the need to obtain authorization from the Ministry of the Interior for organizing trade union meetings such as the union congress.
   • (c) The Committee urges the Government to explain the reasons for the arrest and interrogation of Mr Anouar Mohamed Ali, general secretary of the STED, and Mr Abdourachid Mohamed Arreh, member of the SEP, following the intervention by the police on 13 October 2009.
   • (d) The Committee urges the Government to reply to the allegations by the UDT concerning the intervention by the police to prevent the UDT general secretary from entering the union premises, the confiscation of the key to the union’s letter box and the appropriation by a member of the Djiboutian delegation of mail addressed to the UDT during the International Labour Conference.
   • (e) The Committee is bound to note with deep concern the blatant lack of progress and the apparent unwillingness on the part of the Government to settle the pending issues, particularly to stop the harassment suffered by the UDT. The Committee expresses, in the strongest terms, its expectation that the Government will take concrete measures without delay to improve the situation.