Interim Report - Report No 367, March 2013

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 officials and the general ban on trade unions from holding any meetings

1. 642. The Committee last examined this case at its March 2012 meeting [see 363rd Report, paras 468–486, approved by the Governing Body at its 313th Session].
2. 643. 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 2012 meeting [see 365th 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, it could present a report on the substance of the case at its 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. 644. 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. Previous examination of the case

1. 645. At its March 2012 meeting, the Committee made the following recommendations [see 363rd Report, para. 486]:
   • (a) The Committee urges the Government to indicate without delay the reasons why the police withheld the passport of Mr Adan Mohamed Abdou, general secretary of the UDT, on 12 December 2010, and to indicate whether the document has been returned to him in order to ensure that he is able to move freely in order to carry out his mandate.
   • (b) The Committee urges the Government to provide without delay explanations concerning the arrest of 62 dockworkers, members of the Dock Workers’ Union, during the demonstration of 2 January 2011 in front of the Parliament and concerning the conditions of their detention.
   • (c) The Committee once again urges the Government to provide explanations without delay concerning the need to obtain authorization from the Ministry of the Interior for organizing trade union meetings such as a trade union congress.
   • (d) Recalling 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 that it has made before international bodies to settle pending issues and to enable the development of free and independent trade unionism, as the only guarantee of sustainable social dialogue in Djibouti, the Committee is bound to note with deep concern the lack of any progress in this direction. The Committee finds itself obliged to urge the Government again to maintain a social climate free from acts of anti-union interference and harassment, in particular against the UDT.

B. The Committee’s conclusions

1. 646. 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 the allegations and its response to the Committee’s recommendations [see 363rd Report, para. 5]. The Committee once again urges the Government to be more cooperative in the future.
2. 647. Hence, in accordance with the applicable procedural rules [see 127th Report, para. 17, approved by the Governing Body at its 184th Session (1971)], 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. 648. 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 ensure respect for trade union rights in law and in practice. The Committee is confident that, while this procedure protects governments against unreasonable accusations, they must recognize the importance of formulating, for objective examination, detailed replies concerning allegations brought against them [see First Report of the Committee, para. 31].
4. 649. In these circumstances, the Committee finds itself obliged to reiterate its previous recommendations and firmly expects the Government to provide information without delay, given the seriousness of the allegations and the time that has elapsed since the last examination of the case.

The Committee’s recommendations

1. 650. 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 the allegations and its response to the recommendations made by the Committee during its previous examination of the case. The Committee once again urges the Government to be more cooperative in the future.
   • (b) The Committee urges the Government to indicate without delay the reasons why the police withheld the passport of Mr Adan Mohamed Abdou, general secretary of the UDT, on 12 December 2010, and to indicate whether the document has been returned to him in order to ensure that he is able to move freely in order to carry out his mandate.
   • (c) The Committee urges the Government to provide without delay explanations concerning the arrest of 62 dockworkers, members of the Dock Workers’ Union, during the demonstration of 2 January 2011 in front of the Parliament and concerning the conditions of their detention.
   • (d) The Committee once again urges the Government to provide explanations without delay concerning the need to obtain authorization from the Ministry of the Interior for organizing trade union meetings such as a trade union congress.
   • (e) Recalling 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 that it has made before international bodies to settle pending issues and to enable the development of free and independent trade unionism, as the only guarantee of sustainable social dialogue in Djibouti, the Committee is bound to note with deep concern the lack of any progress in this direction. The Committee finds itself obliged to firmly urge the Government once again to maintain a social climate free from acts of anti-union interference and harassment, in particular against the UDT.