Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Djibouti (RATIFICATION: 1978)

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Previous comment

Articles 1 to 9 of the Convention. National framework governing labour clauses in public contracts. For many years the Committee has been drawing the Government’s attention to the need to bring the national legislation and practice into conformity with the Convention by ensuring that public contracts to which the Convention applies contain labour clauses that guarantee to workers conditions of remuneration and other conditions of labour which are not less favourable than those established at national level for work of the same nature in the occupation or industry concerned in the same region. The Government has on several occasions encountered difficulties in applying the Convention and has requested ILO technical assistance. In its latest report, the Government reiterates that in current practice some public contracts do not respect the labour legislation because employers consider the limited duration of the contracts to be a “discharging factor”. It once again undertakes to consult the competent authorities regarding the inclusion of labour clauses, conforming to the clauses provided under the Convention, in such contracts, then to submit the question to the National Council for Labour, Employment and Social Security (CONTESS). While regretting the lack of progress made and the fact that the Office’s technical assistance has not yet been provided, the Committee wishes to note that certain necessary measures, such as the amendment of the national legislation to explicitly enshrine the principle of the Convention, depend essentially and directly on the will of the Government to fulfil its international obligations under the Convention. In this regard, while reiterating its request that the Office reply favourably to the Government’s request for technical assistance, the Committee requests the Government to act without delay to give effect to the principle of the Convention. To do so, the Committee draws the Government’s attention to several publications, including practical guides, which are highly valuable tools for the correct implementation of the Convention, as they identify exemplary practices in including labour clauses and the principle of the Convention in public contracts. Thus, aside from the General Survey on the Convention, which gives a global overview of how labour clauses are integrated into public contracts, the Committee draws the Government’s attention to the practical guide on implementation of Convention No. 94 and Recommendation No. 84, as well as to the work of an inter-agency round table on Corporate Social Responsibility co-organized by UNCTAD, ILO and OECD in 2014 which focused on the topic of sustainable public procurement as a tool for promoting responsible business, recognizing the importance of ILO standards and the question of labour clauses in public contracts.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2 of the Convention. Inclusion of labour clauses in public contracts. In its previous comment, the Committee asked the Government to take prompt steps to ensure the effective implementation of the Convention. The Committee notes once again that clause 9.1 of the General Administrative Terms and Conditions applicable to public procurement, adopted by Decree No. 2010 0084/PRE of 8 May 2010, and the exclusion provided for in section 13.1.1 of the Public Procurement Code are insufficient to give effect to the key requirements of the Convention. Article 2 of the Convention provides for the inclusion of labour clauses in all public contracts covered by the scope of Article 1 – drawn up after consultation of the employers’ and workers’ organizations – ensuring to the workers concerned conditions of remuneration and other conditions of labour which are not less favourable than those established by national laws or regulations, collective agreements or arbitration awards for work of the same character in the same sector. In its 2008 General Survey concerning labour clauses in public contracts, paragraph 45, the Committee observed that the essential purpose of the Convention is to ensure that workers employed under public contracts shall enjoy the same conditions as workers whose conditions of employment are fixed not only by national legislation but also by collective agreements or arbitration awards, and that in many cases the provisions of the national legislation respecting wages, hours of work and other conditions of employment provide merely for minimum standards which may be exceeded by collective agreements. The Committee therefore feels that the mere fact of the national legislation being applicable to all workers does not release the States which have ratified the Convention from the obligation to take the necessary steps to ensure that public contracts contain the labour clauses specified in Article 2 of the Convention. The Committee therefore considers that the mere fact that the legislation applies to all workers does not release the government concerned from its obligation to include labour clauses in all public contracts, in accordance with Article 2(1) and (2) of the Convention. In this context, the Committee notes that the Government has not yet taken steps to give effect to the provisions of the Convention. It also notes the request made by the Government in its report for technical assistance to ensure the effective application of the Convention. The Committee recalls once again that the Convention does not necessarily require the adoption of new legislation but may be applied by means of administrative instructions or circulars. The Committee expresses the hope that technical assistance from the Office will be available in the near future and requests the Government to provide information on all measures taken or contemplated to ensure the effective application of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 2 of the Convention. Inclusion of labour clauses in public contracts. In its previous comment, the Committee asked the Government to take prompt steps to ensure the effective implementation of the Convention. The Committee notes once again that clause 9.1 of the General Administrative Terms and Conditions applicable to public procurement, adopted by Decree No. 2010 0084/PRE of 8 May 2010, and the exclusion provided for in section 13.1.1 of the Public Procurement Code are insufficient to give effect to the key requirements of the Convention. Article 2 of the Convention provides for the inclusion of labour clauses in all public contracts covered by the scope of Article 1 – drawn up after consultation of the employers’ and workers’ organizations – ensuring to the workers concerned conditions of remuneration and other conditions of labour which are not less favourable than those established by national laws or regulations, collective agreements or arbitration awards for work of the same character in the same sector. In its 2008 General Survey concerning labour clauses in public contracts, paragraph 45, the Committee observed that the essential purpose of the Convention is to ensure that workers employed under public contracts shall enjoy the same conditions as workers whose conditions of employment are fixed not only by national legislation but also by collective agreements or arbitration awards, and that in many cases the provisions of the national legislation respecting wages, hours of work and other conditions of employment provide merely for minimum standards which may be exceeded by collective agreements. The Committee therefore feels that the mere fact of the national legislation being applicable to all workers does not release the States which have ratified the Convention from the obligation to take the necessary steps to ensure that public contracts contain the labour clauses specified in Article 2 of the Convention. The Committee therefore considers that the mere fact that the legislation applies to all workers does not release the government concerned from its obligation to include labour clauses in all public contracts, in accordance with Article 2(1) and (2) of the Convention. In this context, the Committee notes that the Government has not yet taken steps to give effect to the provisions of the Convention. It also notes the request made by the Government in its report for technical assistance to ensure the effective application of the Convention. The Committee recalls once again that the Convention does not necessarily require the adoption of new legislation but may be applied by means of administrative instructions or circulars. The Committee expresses the hope that technical assistance from the Office will be available in the near future and requests the Government to provide information on all measures taken or contemplated to ensure the effective application of the Convention.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. In its previous comment, the Committee asked the Government to submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of the public procurement legislation, including Act No. 53/AN/09/6th L of 1 July 2009 establishing the Public Procurement Code and Decrees Nos 2010-0083/PRE, 2010-349/PRE and 2010-0085/PRE, all dated 8 May 2010. The Committee notes that section 13.1.1 of the abovementioned Code excludes individuals or entities that have not submitted the applicable declarations regarding direct and indirect taxation and employers’ contributions or have not made payments to the competent revenue collection services for concluding contracts or obtaining orders from the State. Furthermore, the Committee notes that clause 9.1 of the General Administrative Terms and Conditions applicable to public procurement, adopted by Decree No. 2010-0084/PRE of 8 May 2010, provides that, unless the contract states otherwise, the entrepreneur is responsible for the recruitment of staff and workers, nationals or otherwise, and also for their remuneration, board, lodging and transport, in strict compliance with the regulations in force, particularly the labour regulations (especially regarding hours of work and rest days), the social regulations and all the applicable safety and health regulations. The Committee notes that this clause and the exclusion provided for in section 13.1.1 of the Public Procurement Code are insufficient to give effect to the key requirements of the Convention, namely the insertion of labour clauses in all public contracts coming within the scope of Article 1 of the Convention – drawn up after consultation of the employers’ and workers’ organizations – ensuring to the workers concerned conditions of remuneration and other conditions of labour which are not less favourable than those established by national laws or regulations, collective agreements or arbitration awards for work of the same character in the same sector. It is precisely because conditions of employment and work established in the national labour legislation are often improved by collective bargaining that the Committee has systematically considered that the mere fact that the legislation applies to all workers does not release the government concerned from its obligation to include labour clauses in all public contracts, in accordance with Article 2(1) and (2) of the Convention. Recalling that the Convention does not necessarily require the adoption of new legislation but may be applied by means of administrative instructions or circulars, the Committee again requests the Government to take prompt steps to ensure the effective implementation of the Convention and recalls that the Government may avail itself of ILO technical assistance if it so wishes.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 2 of the Convention. Insertion of labour clauses in public contracts. In its previous comment, the Committee asked the Government to submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of the public procurement legislation, including Act No. 53/AN/09/6th L of 1 July 2009 establishing the Public Procurement Code and Decrees Nos 2010-0083/PRE, 2010-349/PRE and 2010-0085/PRE, all dated 8 May 2010. The Committee notes that section 13.1.1 of the abovementioned Code excludes individuals or entities that have not submitted the applicable declarations regarding direct and indirect taxation and employers’ contributions or have not made payments to the competent revenue collection services for concluding contracts or obtaining orders from the State. Furthermore, the Committee notes that clause 9.1 of the General Administrative Terms and Conditions applicable to public procurement, adopted by Decree No. 2010-0084/PRE of 8 May 2010, provides that, unless the contract states otherwise, the entrepreneur is responsible for the recruitment of staff and workers, nationals or otherwise, and also for their remuneration, board, lodging and transport, in strict compliance with the regulations in force, particularly the labour regulations (especially regarding hours of work and rest days), the social regulations and all the applicable safety and health regulations. The Committee notes that this clause and the exclusion provided for in section 13.1.1 of the Public Procurement Code are insufficient to give effect to the key requirements of the Convention, namely the insertion of labour clauses in all public contracts coming within the scope of Article 1 of the Convention – drawn up after consultation of the employers’ and workers’ organizations – ensuring to the workers concerned conditions of remuneration and other conditions of labour which are not less favourable than those established by national laws or regulations, collective agreements or arbitration awards for work of the same character in the same sector. It is precisely because conditions of employment and work established in the national labour legislation are often improved by collective bargaining that the Committee has systematically considered that the mere fact that the legislation applies to all workers does not release the government concerned from its obligation to include labour clauses in all public contracts, in accordance with Article 2(1) and (2) of the Convention. Recalling that the Convention does not necessarily require the adoption of new legislation but may be applied by means of administrative instructions or circulars, the Committee again requests the Government to take prompt steps to ensure the effective implementation of the Convention and recalls that the Government may avail itself of ILO technical assistance if it so wishes.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee asks the Government to submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of the public procurement legislation, including Act No. 53/AN/09/6ème L of 1 July 2009 establishing the Public Procurement Code and Decrees No. 2010 0083/PRE, No. 2010-349/PRE and No. 2010-0085/PRE, all dated 8 May 2010.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee asks the Government to submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of recently adopted public procurement legislation, including Act No. 53/AN/09/6ème L of 1 July 2009 establishing the Public Procurement Code and Decrees No. 2010-0083/PRE, No. 2010-349/PRE and No. 2010-0085, all dated 8 May 2010.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes with regret that the Government’s report has not been received for the fourth consecutive year. The Committee asks the Government to submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of recently adopted public procurement legislation, including Act No. 53/AN/09/6ème L of 1 July 2009 establishing the Public Procurement Code and Decrees No. 2010-0083/PRE, No. 2010-349/PRE and No. 2010-0085, all dated 8 May 2010.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2 of the Convention. Insertion of labour clauses in public contracts. Further to its previous observations, the Committee notes with regret that the Government is still not in a position to report any meaningful progress in putting in place the appropriate legal framework for the implementation of the Convention. The Committee notes that for over ten years, the Government has been stating that it is planning to examine the necessary measures to give effect to the Convention in the overall context of the forthcoming revision of labour laws and regulations which it hopes to undertake with the Office’s assistance as soon as the conditions have been fulfilled for the organization of a national tripartite consultation. Despite those reassurances, however, the Committee observes that major legislative exercises, such as the adoption of the new Labour Code of 2006, have been completed without any effort having been made to address the issue of labour clauses in public contracts. Moreover, the Committee understands that the Government is involved in a public procurement reform project initiated by the Common Market for Eastern and Southern Africa (COMESA) with a view to improving public procurement practices and harmonizing rules and procedures at the regional level.

The Committee recalls that the Government may draw upon the advisory services of the Office, should it so wish, for the purpose of revising its public procurement legislation and aligning it with the requirements of the Convention, and urges the Government to take long overdue action in order to ensure conformity with the provisions of the Convention. The Committee also asks the Government to keep the Office informed of any progress made in the preparation of new procurement laws and regulations under COMESA’s public procurement reform project and transmit copies of any new texts as soon as they are adopted.

The Committee also notes the observations made in 2007 by the General Union of Djibouti Workers (UGTD) concerning the application of the Convention. According to the UGTD, the absence of legislation implementing the Convention creates a legal vacuum which is prejudicial to the workers employed under public contracts. In this connection, the UGTD hopes that the National Commission of Labour, Employment and Vocational Training will soon be established so that it can take measures to bring the national legislation into conformity with the Convention. The Committee requests the Government to transmit its comments in reply to the points raised by the UGTD.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2 of the Convention. Insertion of labour clauses in public contracts. Further to its previous observations, the Committee notes with regret that the Government is still not in a position to report any meaningful progress in putting in place the appropriate legal framework for the implementation of the Convention. The Committee notes that for over ten years, the Government has been stating that it is planning to examine the necessary measures to give effect to the Convention in the overall context of the forthcoming revision of labour laws and regulations which it hopes to undertake with the Office’s assistance as soon as the conditions have been fulfilled for the organization of a national tripartite consultation. Despite those reassurances, however, the Committee observes that major legislative exercises, such as the adoption of the new Labour Code of 2006, have been completed without any effort having been made to address the issue of labour clauses in public contracts. Moreover, the Committee understands that the Government is involved in a public procurement reform project initiated by the Common Market for Eastern and Southern Africa (COMESA) with a view to improving public procurement practices and harmonizing rules and procedures at the regional level.

The Committee recalls that the Government may draw upon the advisory services of the Office, should it so wish, for the purpose of revising its public procurement legislation and aligning it with the requirements of the Convention, and urges the Government to take long overdue action in order to ensure conformity with the provisions of the Convention. The Committee also asks the Government to keep the Office informed of any progress made in the preparation of new procurement laws and regulations under COMESA’s public procurement reform project and transmit copies of any new texts as soon as they are adopted.

The Committee also notes the observations made in 2007 by the General Union of Djibouti Workers (UGTD) concerning the application of the Convention. According to the UGTD, the absence of legislation implementing the Convention creates a legal vacuum which is prejudicial to the workers employed under public contracts. In this connection, the UGTD hopes that the National Commission of Labour, Employment and Vocational Training will soon be established so that it can take measures to bring the national legislation into conformity with the Convention. The Committee requests the Government to transmit its comments in reply to the points raised by the UGTD.

Finally, the Committee refers to its 2008 General Survey on labour clauses in public contracts which contains an overview of national laws and practice concerning the social dimensions of public procurement and a global assessment of the impact and present-day relevance of Convention No. 94. It also refers to the Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law and practice.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Further to its previous observations, the Committee regrets that the Government is still not in a position to report any meaningful progress in putting in place the appropriate legal framework for the implementation of the Convention. The Committee notes that for over ten years, the Government has been stating that it is planning to examine the necessary measures to give effect to the Convention in the overall context of the forthcoming revision of labour laws and regulations which it hopes to undertake with the Office’s assistance as soon as the conditions have been fulfilled for the organization of a national tripartite consultation. Despite those reassurances, however, the Committee observes that major legislative exercises, such as the adoption of the new Labour Code of 2006, have been completed without any effort having been made to address the issue of labour clauses in public contracts. Moreover, the Committee understands that the Government is involved in a public procurement reform project initiated by the Common Market for Eastern and Southern Africa (COMESA) with a view to improving public procurement practices and harmonizing rules and procedures at the regional level.

The Committee recalls that the Government may draw upon the advisory services of the Office, should it so wish, for the purpose of revising its public procurement legislation and aligning it with the requirements of the Convention, and urges the Government to take long overdue action in order to ensure conformity with the provisions of the Convention. The Committee also asks the Government to keep it informed of any progress made in the preparation of new procurement laws and regulations under COMESA’s public procurement reform project and transmit copies of any new texts as soon as they are adopted.

The Committee also notes the observations made in 2007 by the General Union of Djibouti Workers (UGTD) concerning the application of the Convention. According to the UGTD, the absence of legislation implementing the Convention creates a legal vacuum which is prejudicial to the workers employed under public contracts. In this connection, the UGTD hopes that the National Commission of Labour, Employment and Vocational Training will soon be established so that it can take measures to bring the national legislation into conformity with the Convention. The Committee requests the Government to transmit its comments in reply to the points raised by the UGTD.

Finally, the Committee takes this opportunity to refer to its 2008 General Survey on labour clauses in public contracts which contains an overview of national laws and practice concerning the social dimensions of public procurement and a global assessment of the impact and present-day relevance of Convention No. 94.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

For all useful purposes, the Committee attaches herewith a copy of a Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law.

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Further to its previous observations, the Committee regrets that the Government is still not in a position to report any meaningful progress in putting in place the appropriate legal framework for the implementation of the Convention. The Committee notes that for the past ten years, the Government has been stating that it is planning to examine the necessary measures to give effect to the Convention in the overall context of the forthcoming revision of labour laws and regulations which it hopes to undertake with the Office’s assistance as soon as the conditions have been fulfilled for the organization of a national tripartite consultation. Despite those reassurances, however, the Committee observes that major legislative exercises, such as the adoption of the new Labour Code of 2006, have been completed without any effort having been made to address the issue of labour clauses in public contracts. Moreover, the Committee understands that the Government is involved in a public procurement reform project initiated by the Common Market for Eastern and Southern Africa (COMESA) with a view to improving public procurement practices and harmonizing rules and procedures at the regional level.

The Committee recalls that the Government may draw upon the advisory services of the Office, should it so wish, for the purpose of revising its public procurement legislation and aligning it with the requirements of the Convention, and urges the Government to take long overdue action in order to ensure conformity with the provisions of the Convention. The Committee also asks the Government to keep it informed of any progress made in the preparation of new procurement laws and regulations under COMESA’s public procurement reform project and transmit copies of any new texts as soon as they are adopted.

The Committee also notes the observations made by the General Union of Djibouti Workers (UGTD) concerning the application of the Convention. According to the UGTD, the absence of legislation implementing the Convention creates a legal vacuum which is prejudicial to the workers employed under public contracts. In this connection, the UGTD hopes that the National Commission of Labour, Employment and Vocational Training will soon be established so that it can take measures to bring the national legislation into conformity with the Convention. The Committee requests the Government to transmit its comments in reply to the points raised by the UGTD.

Finally, the Committee seizes this opportunity to refer to this year’s General Survey which contains an overview of national laws and practice concerning the social dimensions of public procurement and a global assessment of the impact and present day relevance of Convention No. 94.

[The Government is asked to reply in detail to the present comments in 2008.]

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that the Government’s brief statements do not contain a reply to its previous comments. It is therefore bound to recall its previous observations concerning the fact that the Government has still not proceeded to the adoption of legislation giving effect to the Convention. The Committee regrets that, despite its repeated comments, no real progress has been achieved for over 20 years in relation to the inclusion of labour clauses in public contracts. In its latest report, the Government states that it is planning to examine the necessary measures to give effect to the Convention in the overall context of the forthcoming revision of labour laws and regulations which it hopes to undertake with the Office’s assistance as soon as the conditions have been fulfilled for the organization of a national tripartite consultation.

While recalling that the Government’s report in 2000 contained a statement couched in identical terms, the Committee requests the Government to take the necessary measures without further ado to bring national law and practice into conformity with the provisions and objectives of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes that the Government’s brief statements do not contain a reply to its previous comments. It is therefore bound to recall its previous observations concerning the fact that the Government has still not proceeded to the adoption of legislation giving effect to the Convention. The Committee regrets that, despite its repeated comments, no real progress has been achieved for over 20 years in relation to the inclusion of labour clauses in public contracts. In its latest report, the Government states that it is planning to examine the necessary measures to give effect to the Convention in the overall context of the forthcoming revision of labour laws and regulations which it hopes to undertake with the Office’s assistance as soon as the conditions have been fulfilled for the organization of a national tripartite consultation.

While recalling that the Government’s report in 2000 contained a statement couched in identical terms, the Committee requests the Government to take the necessary measures without further ado to bring national law and practice into conformity with the provisions and objectives of the Convention.

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Further to its previous comments, the Committee notes the Government’s reply that no effect has ever been given to the provisions of the Convention as national laws are inexistent in matters of public contracts. It also notes the Government’s request for ILO assistance in order to review a large number of ratified Conventions and consider the possibility of eventually denouncing some of those instruments.

The Committee recalls that it has been suggesting for several years that the Government consults the International Labour Office on the measures that need to be taken in order to apply the Convention to public contracts for the furnishing of supplies and services. The Committee also wishes to point out that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention. Moreover, it is obliged to ensure its application as long as it has not denounced it. Therefore, the Committee urges the Government to elaborate with the technical assistance of the International Labour Office, as requested, legislation designed to give effect to the Convention and requests the Government to keep it informed of any developments in this regard.

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee took note of the Government's statement in its last report that the provisions of the Convention could not be applied because Djibouti has no legislation in this area.

The Committee reminds the Government that on ratifying this Convention, one of the obligations a State assumes is to guarantee that contracts awarded by a public authority (including contracts for the supply of services in accordance with Article 1, paragraph 1(c)(iii), of the Convention include clauses ensuring to the workers concerned conditions of labour which are not less favourable than those established for work of the same character in the same district (Article 2).

The Committee hopes that the Government will soon take the necessary measures to ensure that effect is given to the Convention and suggests that it may wish to examine the possibility of requesting ILO assistance to review the rules on public contracts in order to bring them into conformity with the provisions of the Convention. It asks the Government to indicate any progress made in this respect in its next report.

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee took note of the Government's statement in its last report that the provisions of the Convention could not be applied because Djibouti has no legislation in this area.

The Committee reminds the Government that on ratifying this Convention, one of the obligations a State assumes is to guarantee that contracts awarded by a public authority (including contracts for the supply of services in accordance with Article 1, paragraph 1(c)(iii), of the Convention) include clauses ensuring to the workers concerned conditions of labour which are not less favourable than those established for work of the same character in the same district (Article 2).

The Committee hopes that the Government will soon take the necessary measures to ensure that effect is given to the Convention and suggests that it may wish to examine the possibility of requesting ILO assistance to review the rules on public contracts in order to bring them into conformity with the provisions of the Convention. It asks the Government to indicate any progress made in this respect in its next report.

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee took note of the Government's statement in its last report that the provisions of the Convention could not be applied because Djibouti has no legislation in this area.

The Committee reminds the Government that on ratifying this Convention, one of the obligations a State assumes is to guarantee that contracts awarded by a public authority (including contracts for the supply of services in accordance with Article 1, paragraph 1(c)(iii), of the Convention) include clauses ensuring to the workers concerned conditions of labour which are not less favourable than those established for work of the same character in the same district (Article 2).

The Committee hopes that the Government will soon take the necessary measures to ensure that effect is given to the Convention and suggests that it may wish to examine the possibility of requesting ILO assistance to review the rules on public contracts in order to bring them into conformity with the provisions of the Convention. It asks the Government to indicate any progress made in this respect in its next report.

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee took note of the Government's statement in its last report that the provisions of the Convention could not be applied because Djibouti has no legislation in this area.

The Committee reminds the Government that on ratifying this Convention, one of the obligations a State assumes is to guarantee that contracts awarded by a public authority (including contracts for the supply of services in accordance with Article 1, paragraph 1(c)(iii), of the Convention) include clauses ensuring to the workers concerned conditions of labour which are not less favourable than those established for work of the same character in the same district (Article 2).

The Committee hopes that the Government will soon take the necessary measures to ensure that effect is given to the Convention and suggests that it may wish to examine the possibility of requesting ILO assistance to review the rules on public contracts in order to bring them into conformity with the provisions of the Convention. It asks the Government to indicate any progress made in this respect in its next report.

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The Committee notes with regret that the Government's report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

The Committee took note of the Government's statement in its last report that the provisions of the Convention could not be applied because Djibouti has no legislation in this area.

The Committee reminds the Government that on ratifying this Convention, one of the obligations a State assumes is to guarantee that contracts awarded by a public authority (including contracts for the supply of services in accordance with Article 1, paragraph 1(c)(iii), of the Convention) include clauses ensuring to the workers concerned conditions of labour which are not less favourable than those established for work of the same character in the same district (Article 2).

The Committee hopes that the Government will soon take the necessary measures to ensure that effect is given to the Convention and suggests that it may wish to examine the possibility of requesting ILO assistance to review the rules on public contracts in order to bring them into conformity with the provisions of the Convention. It asks the Government to indicate any progress made in this respect in its next report.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee took note of the Government's statement in its last report that the provisions of the Convention could not be applied because Djibouti has no legislation in this area.

The Committee reminds the Government that on ratifying this Convention, one of the obligations a State assumes is to guarantee that contracts awarded by a public authority (including contracts for the supply of services in accordance with Article 1, paragraph 1(c)(iii), of the Convention) include clauses ensuring to the workers concerned conditions of labour which are not less favourable than those established for work of the same character in the same district (Article 2).

The Committee hopes that the Government will soon take the necessary measures to ensure that effect is given to the Convention and suggests that it may wish to examine the possibility of requesting ILO assistance to review the rules on public contracts in order to bring them into conformity with the provisions of the Convention. It asks the Government to indicate any progress made in this respect in its next report.

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The Committee notes that the Government's report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

The Committee takes note of the Government's statement in its last report that the provisions of the Convention cannot be applied because Djibouti has no legislation in this area.

The Committee reminds the Government that on ratifying this Convention, one of the obligations a State assumes is to guarantee that contracts awarded by a public authority (including contracts for the supply of services in accordance with Article 1, paragraph 1(c)(iii), of the Convention) include clauses ensuring to the workers concerned conditions of labour which are not less favourable than those established for work of the same character in the same district (Article 2).

The Committee hopes that the Government will soon take the necessary measures to ensure that effect is given to the Convention and suggests that it may wish to examine the possibility of requesting ILO assistance to review the rules on public contracts in order to bring them into conformity with the provisions of the Convention. It asks the Government to indicate any progress made in this respect in its next report.

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The Committee takes note of the Government's statement in its report that the provisions of the Convention cannot be applied because Djibouti has no legislation in this area.

The Committee reminds the Government that on ratifying this Convention, one of the obligations a State assumes is to guarantee that contracts awarded by a public authority (including contracts for the supply of services in accordance with Article 1, paragraph 1(c)(iii), of the Convention) include clauses ensuring to the workers concerned conditions of labour which are not less favourable than those established for work of the same character in the same district (Article 2).

The Committee hopes that the Government will soon take the necessary measures to ensure that effect is given to the Convention and suggests that it may wish to examine the possibility of requesting ILO assistance to review the rules on public contracts in order to bring them into conformity with the provisions of the Convention. It asks the Government to indicate any progress made in this respect in its next report.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes from its report that it is the Government's intention in the near future to revise the regulations respecting public contracts in order to bring them into conformity with the provisions of the Convention. It hopes that the Government will take account of its previous comments concerning the absence of provisions in respect of public contracts for the supply of services (Article 1, paragraph 1(c) (iii) of the Convention), and that it will ensure that the clauses contained in public contracts guarantee the workers concerned wages and other conditions of work that are not less favourable than those established for work of the same character in the trade or industry concerned in the same district (Article 2).

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The Committee notes from its report that it is the Government's intention in the near future to revise the regulations respecting public contracts in order to bring them into conformity with the provisions of the Convention. It hopes that the Government will take account of its previous comments concerning the absence of provisions in respect of public contracts for the supply of services (Article 1, paragraph 1(c) (iii) of the Convention), and that it will ensure that the clauses contained in public contracts guarantee the workers concerned wages and other conditions of work that are not less favourable than those established for work of the same character in the trade or industry concerned in the same district (Article 2).