Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

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 matters raised in its previous direct request, which read as follows:

1. Article 2, paragraph 2(c), of the Convention. Work exacted as a consequence of a conviction in a court of law. Prison labour. For many years, the Committee has been referring to sections 23 and 24 of Act No. 144/AN/80 issuing the Prison Code, under which prisoners may be employed by the public services or by private companies, although the work for private companies must be performed on prison premises. Although, under the terms of Article 2, paragraph 2(c), of the Convention, prisoners may not be hired or placed at the disposal of private individuals, companies or associations, the Committee has indicated that where work is performed with the consent of the prisoner and under conditions approximating those of a free employment relationship and subject to certain guarantees, there would be no obstacles to the application of the Convention.

The Government indicated in this respect in its last reports that, in general, detainees did not work in prison, particularly in view of the additional surveillance that would be involved in such work. The Government indicated that the hiring of detainees by the public authority or a private company remains possible, but subject to the consent of the detainee and the application of the labour law in force, including guarantees as to remuneration and a duly established work contract. Half of the wage is paid directly to the person concerned, while the rest is retained by the prison administration and handed over to the prisoner as a social reintegration payment at the end of the sentence. The Government added that, under these conditions, employers prefer to deal with free workers and do not employ detainees. On the hypothesis that private enterprises in future have recourse to work by detainees, the Committee would be grateful if the Government would provide relevant information in this respect in future reports, particularly with regard to the number of private enterprises and detainees concerned and their terms and conditions of employment.

Community work. The Committee notes that section 35 of the Penal Code (Act No. 59/AN/94 of 5 January 1995) establishes the penalty of community work. In cases where an offence is penalized by a sentence of imprisonment equal to or lower than one year, this sentence may be replaced by the performance of community work on behalf of a public association or an association authorized to implement work in the general interest. A sentence of community work may not be applied to a person who refuses it (section 37). The Committee also notes that, under the terms of section 38, the arrangements for complying with the obligation to perform community work are decided upon by the magistrate responsible for the application of penalties. The Committee would be grateful if the Government would indicate whether the courts have already applied this penalty and, if so, provide information on the types of work which may be imposed in the context of this penalty, and the list of associations authorized to receive persons sentenced to this penalty.

2. Freedom of state employees to leave their employment. In its previous comments, the Committee noted that resignations have to be accepted by the competent authority in accordance with the relevant provisions: section 52 of Act No. 48/AN/83/1 respecting the conditions of service of public officials; section 109 of Act No. 72/AN/94/3eL issuing the conditions of service of the national police force; and section 69 of Decree No. 88-043/PRE of 31 May 1988 issuing the conditions of service of military personnel. The Government indicated that any person who wished to leave the service of the State could do so, and that no legal proceedings had been instituted against anyone for resigning early. The Committee requests the Government to continue providing information on any changes in the practice followed with regard to resignations submitted by public officials, and particularly members of the military services. The Government indicated in its report in 2000 that the freedom to leave the service had to be regulated in certain essential services such as the army, which had the mission of defending the nation and its higher interests. Where appropriate, please provide information on the criteria applied by the Higher Military Council to reject an application for resignation, particularly in cases in which the training received by servicemen was financed by the armed forces.

With regard more particularly to military doctors and pharmacists who, under section 8 of Decree No. 91-029/PR/DEF issuing their conditions of service, are required to serve in the army for a period of 15 years, the Government indicated previously that this section had never been applied and that there had not been any administrative, military or court proceedings concerning persons who left the army or asked to be released from their duties. The Government indicates that this text will be examined in the light of the Convention, as part of the legislative and regulatory revision of labour standards which the Government hopes to undertake with the assistance of the Office. The Committee requests the Government to provide information on any measure adopted to amend section 8 of this Decree so as to allow military doctors and pharmacists to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to the conditions which may normally be required to ensure continuity of service.

3. Trafficking in persons for exploitation. The Committee notes that the Government has not provided information in reply to its 2000 general observation on the measures adopted by governments to prevent, suppress and punish the trafficking in persons. It would be grateful if the Government would refer to this general observation and provide information on any measures that it has taken in this respect, and particularly if it would indicate whether specific legislation has been adopted and, where appropriate, the difficulties encountered by the public authorities in this field.