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

Forced Labour Convention, 1930 (No. 29) - Djibouti (Ratification: 1978)
Protocol of 2014 to the Forced Labour Convention, 1930 - Djibouti (Ratification: 2018)

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.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously welcomed the adoption of the Act No. 133/AN/16/7th of 2016 to combat trafficking in persons and the unlawful smuggling of migrants, which provides for penal sanctions for trafficking in persons for the purpose of forced labour and sexual exploitation, and contains provisions for the protection and assistance of the victims of trafficking. In this regard, the Committee requested the Government to provide information on the measures taken for the implementation of the Act and on the prosecutions initiated and penalties imposed on perpetrators under this legislation.

The Committee notes that in its 2021 report to the United Nations Committee on the Elimination of Discrimination against Women, the Government informs about different actions taken to strengthen the capacities of law enforcement bodies and judges to respond to situations of trafficking; protect and assist the victims; raise awareness and improve the collection of data on trafficking. It also notes from that report that, in 2017, the first conviction on a trafficking case was handed down and that two migration centres were installed in Obock and Loyada, which have provided assistance related to the most basic human rights to more than 40,000 migrants (CEDAW/C/DJI/4-5/paragraphs 92–95).

The Committee takes due note of the efforts made by the Government to prevent and combat trafficking in persons and to provide assistance to the victims. The Committee encourages the Government to pursue its efforts and requests it to provide detailed information on the measures taken to implement the different aspects of Act. No. 133 of 2016, in particular the provisions concerning the protection and assistance of the victims of trafficking and the establishment of a national watchdog body for action to combat trafficking in persons and assimilated practices (Chapter V of the Act). The Committee also requests the Government to provide information on investigations initiated and convictions imposed on perpetrators of trafficking in persons under the Act. No. 133 of 2016.

Article 1(1) and 2(1). Freedom to leave employment. 1. Civil servants and military officials. In its previous comments, the Committee noted that the resignation in the public service is regulated by section 19 of Decree No. 84 058/PR/FP of 19 June 1984, which provides that resignation shall only be valid after being accepted by the appointing authority, within a period of two months, and shall take effect on the date set by that authority. If the resignation is refused, the interested person can resort to a joint administrative commission, which shall issue a reasoned opinion for the appointing authority. The Committee also noted that for military officials, resignation is regulated by section 69 of Decree No. 88-043/PRE of 31 May 1988, which specifies that the request for acceptance of resignation shall be accepted by the appointing authority, within a period of three months, and shall take effect on the date set by that authority. The Committee requests the Government to indicate if, in practice, the competent authority has refused any resignation submitted by a civil servant or military official and, if so, to indicate the grounds for such refusal.

2. Military doctors and pharmacists. The Committee previously took note of Decree No. 2014-247/PR/MD of 14 September 2014 concerning the status of military doctors, dentists, pharmacists and officers of the technical and administrative corps of the army health service. According to section 24 of that Decree, doctors, dentists and pharmacists who are recruited directly as officers are required to serve for 25 years, including ten additional years following their specialization; and those who are recruited indirectly have the obligation to serve for 15 years. The Committee also noted the Government’s indication that rules for the resignation of these professionals in times of peace would be proposed to the competent authorities and that the Government requested the technical assistance of the Office in this regard. The Committee recalls that career members of the armed forces who have voluntarily entered the military service should be able to leave the service in times of peace, within a reasonable period either at specified intervals or with previous notice, or, where appropriate, subject to proportional reimbursement over a certain period of the cost of training incurred by the State. Therefore, the Committee hopes that the rules for the resignation of military doctors, dentists, pharmacists and officers of the technical and administrative corps of the army health service to be adopted will take into account the principles recalled above. In the meantime, the Committee requests the Government to provide information on the manner in which the competent authority deals with requests for resignation submitted before the end of the period of service. The Committee wishes to recall that the Government can avail itself of the technical assistance of the Office in this regard.

Finally, the Committee recalls that the Government has ratified the 2014 Protocol to the Forced Labour Convention, 1930 and hopes that it will provide a detailed report on its implementation in accordance with the report form approved by the Governing Body.