Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Djibouti (Ratification: 1978)

Part II of the Convention. 1. The Committee notes that the Government, while confirming in its report that all fee-charging employment agencies are forbidden in the country, none the less indicates that effect is given to the provisions of the Convention by section 178 of the Overseas Labour Code (CTOM) which is still in force in the Republic of Djibouti and by Act No. 21/AN/83 1st L. With reference to its earlier comments, the Committee recalls that, in its report for the period 1983-84, the Government stated that section 45 of the above Act had repealed sections 173 to 178 of the CTOM. The Committee would be grateful if, in its next report, the Government would provide all necessary information to clarify the situation of the law in this respect.

2. The Committee notes from the Government's report that no specific measures have been taken to give effect to Article 5, paragraph 2, of the Convention. The report indicates that the engagement of dockers is subject to the provisions governing the dockers' labour office and that the direct engagement of temporary domestic staff, although tolerated, remains within the competence of the National Employment Service.

In its previous comments the Committee noted that sections 36 and 37 of Act No. 21/AN/83 1st L provided for certain exceptions to the principle whereby the National Employment Service has the monopoly of placement operations.

The Committee would be grateful if the Government would keep it informed of any placement operations that may be carried out under the exceptions set out in the above provisions and to provide, as appropriate, information on the measures taken to supervise such operations, as provided for by Article 5, paragraph 2 of the Convention.