Rapport intérimaire - Rapport No. 372, Juin 2014

Cas no 2753 (Djibouti) - Date de la plainte: 29-DÉC. -09 - En suivi

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. 110. The Committee last examined this case at its March 2013 meeting [see 367th Report, approved by the Governing Body at its 317th Session, paras 642–650].
2. 111. The Government submitted its observations in a communication of 13 February 2014.
3. 112. 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. 113. At its March 2013 meeting, the Committee made the following recommendations [see 367th Report, para. 650]:
   • 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.
   • 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.
   • 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.
   • 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.
   • 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.

B. The Government’s reply

1. 114. In a communication dated 13 February 2014, the Government provides the following observations.
2. 115. With regard to the police’s confiscation of the passport of Mr Adan Mohamed Abdou, General Secretary of the Djibouti Labour Union (UDT), on 12 December 2010 (recommendation b), the Government emphatically denies such an accusation and observes that Mr Mohamed Abdou has participated in the International Labour Conference for the last two years.
3. 116. Regarding the allegations concerning the arrest of 62 dockworkers, members of the Dock Workers’ Union, during the demonstration of 2 January 2011 in front of Parliament, and their detention for three-months (recommendation c), the Government states that it has not received any complaint from the Dock Workers’ Union and, moreover, does not have any information in this regard.
4. 117. Regarding the Committee’s request for explanations regarding the need to obtain authorization from the Ministry of the Interior to organize trade union meetings (recommendation d), the Government indicates that there are no regulations requiring trade union and employers’ organizations to obtain such an authorization to organize their meetings.
5. 118. Lastly, the Government affirms its commitment to social dialogue and tripartism in Djibouti and observes that the trade union and employers’ organizations are represented in all national and international advisory bodies.

C. The Committee’s conclusions

1. 119. The Committee recalls that this case, presented by the UDT in December 2009, concerns allegations of interference by the authorities in trade union activities and acts of intimidation against the trade union officials and, in particular, the prevention of the UDT from accessing its premises and correspondence. More recently, in August 2011, the allegations also concerned the confiscation of the complainant’s General Secretary’s passport as he was preparing to leave the country to attend an activity organized by the ILO, in addition to acts of violence by the authorities against dockworker union members who were holding a peaceful demonstration.
2. 120. The Committee observes that in its communication the Government merely denies all the complainant’s allegations. Regarding the confiscation of the passport of Mr Adan Mohamed Abdou, General Secretary of the UDT, on 12 December 2010, the Government denies the events and observes that Mr Mohamed Abdou has participated in the International Labour Conference for the last two years. Regarding the allegations concerning the arrest of 62 dockworkers, members of the Dock Workers’ Union, during the demonstration of 2 January 2011 in front of Parliament, and their detention for three months, the Government states that it has not received any complaint from the Dock Workers’ Union and, moreover, does not have any information in this regard. Regarding the Committee’s request for explanations regarding the need to obtain authorization from the Ministry of the Interior to organize trade union meetings, the Government indicates that there are no regulations establishing such a procedure for workers’ and employers’ organizations.
3. 121. In general, and given the history of the trade union movement in the country, the Committee notes with concern that the Government merely denies, without further explanation, these serious allegations of interference, harassment and the arrest of trade union members, without any apparent will to identify and resolve outstanding issues. With respect to the allegations concerning the arrest of 62 dockworkers, the Committee cannot be satisfied with the Government’s brief reply and expects it to be more cooperative in the future and to provide further details regarding their three-month detention. Regarding the allegations as a whole, the Committee refers to the principles that it has outlined on previous occasions and it expects the Government to ensure their respect in the future [see 359th Report, paras 408–412; 363rd Report, paras 482–485].
4. 122. The Committee can only firmly urge the Government to give priority to promoting and defending freedom of association and to allow the development of free and independent trade unionism. To that end, the Committee expects the Government to maintain a social climate free of acts of anti-union interference and harassment, in particular against the UDT.
5. 123. Noting the Government’s indication that trade union and employers’ organizations are represented in all national and international advisory bodies, the Committee expects the UDT, under the leadership of Mr Adan Mohamed Abdou, to be able to participate effectively in the work of these bodies, together with all the other organizations representing employers and workers in the country.

The Committee’s recommendations

1. 124. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to provide further details in relation to the reasons behind the three-month detention of the protesting dockworkers.
   • (b) The Committee expects the Djibouti Labour Union (UDT), under the leadership of Mr Adan Mohamed Abdou, to be able to participate effectively in the work of all national and international advisory bodies, together with all the other organizations representing employers and workers in the country.
   • (c) The Committee can only firmly urge the Government to give priority to promoting and defending freedom of association and to allow the development of free and independent trade unionism. To that end, the Committee expects the Government to maintain a social climate free of acts of anti-union interference and harassment, in particular against the UDT.