Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Minimum Age Convention, 1973 (No. 138) - Djibouti (Ratification: 2005)

The Committee takes note of the Government’s first report.

Article 1 of the Convention and Part V of the report form. National policy to ensure the effective abolition of child labour and practical application of the Convention. The Committee notes that Djibouti has a population of approximately 700,000 inhabitants, some 40 per cent of whom are children under 15 years of age and that, according to UNICEF statistics, 368,000 inhabitants are under 18 years of age. UNICEF likewise reports that in Djibouti, 8 per cent of the children aged from 15 to 14 years are engaged in activities deemed to be work. The Government indicates that it hopes to hold a national survey to obtain more realistic data at the next meeting of the National Labour, Employment and Vocational Training Council as soon as the conditions for convening it are met.

The Committee further notes that Djibouti’s Decent Work Country Programme (DWCP) 2008–12 is based on three priorities, including the improvement of conditions of work by promoting national and international labour standards, with particular emphasis on child labour. According to the DWCP paper, the programme will contribute to implementing measures that will enable the Government, the social partners and civil society to prevent and abolish child labour. The main priorities for this purpose are:

(a)   studies enabling light to be shed on the extent and nature of the problem and the necessary action to be better identified;

(b)   sensitizing and mobilizing those concerned;

(c)   consolidating the framework for action by improving coordination between the various legislative, economic and social policies.

The Committee also notes that Djibouti has obtained ILO support with regard to a 12‑month SPROUT programme for social dialogue and employment policy. One outcome expected from its implementation is the formulation and application of a national policy to combat child labour. The Committee expresses its concern at the number of child workers and asks the Government to provide information on the implementation of the DWCP and the SPROUT programme and the results obtained in terms of gradually eliminating child labour. It also asks the Government to provide information on progress made in framing a national policy to combat child labour. Lastly, it requests the Government to provide information on progress made towards the national survey the Government wishes to conduct and the studies to be carried out on the extent and nature of child labour in Djibouti in accordance with the priorities of the DWCP.

Article 2, paragraph 1. 1. Scope of application. The Committee notes that, according to section 1 of Act No. 133/AN/05/5^e issuing the Labour Code, the Code applies to industrial relations between workers and employers. This provision defines a worker as anyone who has undertaken to submit his occupational activity to the management and authority of another natural or legal person in exchange for remuneration. The Committee observes that this provision suggests that the Labour Code applies only to an employment relationship. It further notes that, according to the Government, the provision on the minimum age for access to work is observed in the formal sector but is not applied effectively in the informal economy. The Committee reminds the Government that the Convention applies to all sectors of economic activity, whether formal or informal, and covers all types of employment or work whether or not it is performed on the basis of a subordinate employment relationship and whether or not it is remunerated. The Committee therefore asks the Government to provide information on the manner in which children who are not bound by a subordinate employment relationship, such as those working on their own account, and children working in the informal economy, are provided with the protection established in the Convention.

2. Minimum age for admission to employment or work. The Committee notes that on ratifying the Convention, Djibouti specified 16 years as the minimum age for admission to employment or work. It notes that according to section 5 of the Labour Code, the minimum age for access to the labour market is set at 16 years.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that according to section 4 of Act No. 96/AN/00/4^e setting out policy for Djibouti’s education system, the State guarantees education for children of from 6 to 16 years of age. Furthermore, section 21 of Act No. 149/AN/02/4^eL setting out economic and social policy for the Republic of Djibouti for the period 2001–10, guaranteeing access for all children of from 6 to 16 years of age to high-quality, compulsory and free basic education is one of the guiding principles of Djibouti’s social strategy. However, the Committee notes that, according to UNICEF’s statistics for the years 2000–06, the net primary school enrolment rate was 37 per cent for boys and 30 per cent for girls. At secondary school level, the rates are 27 per cent for boys and 28 per cent for girls. The Committee is therefore concerned at the number of children who do not attend school in Djibouti. Considering that education is one of the most effective means of combating child labour, the Committee requests the Government to redouble its efforts to improve the working of the country’s education system and to take measures that will allow children to take part in compulsory basic schooling or in an informal schooling system. It requests the Government to provide information on the measures taken to increase the school attendance rate, both at primary and at secondary levels, so as to prevent children under 16 years of age from working. It requests the Government to provide information on the results obtained.

Article 3, paragraph 1. Age of admission to hazardous work. The Committee notes that, according to section 112 of the Labour Code, a woman or a young man of from 16 to 18 years may not be kept in a job recognized by a certified doctor at the request of a labour inspector to be beyond the strength of the person concerned. However, the Committee observes that the legislation does not appear expressly to establish, as Article 3, paragraph 1, of the Convention requires, a minimum age of 18 years for all types of employment or work which by the nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons. The Committee requests the Government to take the necessary measures to ensure that no one under 18 years of age, other than in the exceptional cases allowed by the Convention, shall be authorized to engage in hazardous work, in accordance with Article 3, paragraph 1.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that, according to section 110 of the Labour Code, work by young people is expressly prohibited in domestic work and the hotel and beverage sectors other than in jobs directly linked to catering. Furthermore, pursuant to section 111 of the Labour Code, an order adopted on the proposal of the Minister in charge of labour and the Minister of Health after consultation with the National Council for Labour, Employment and Vocational Training, shall determine the nature of the work and the categories of enterprise to be prohibited for women, pregnant women and young people, and the applicable minimum age. The Committee requests the Government to indicate whether any such order on jobs and enterprises prohibited for young people has been adopted and, if so, to provide a copy of it with its next report.

Article 9, paragraph 1. Penalties. The Committee notes the information supplied by the Government to the effect that any breach of the provisions of the Labour Code, particularly the rule establishing the minimum age for admission to employment or work, is punishable under the Penal Code. The Committee observes that section 285 of the Labour Code provides that breaches of the Code shall be prosecuted in the criminal court pursuant to the provisions of the Code of Criminal Procedure. The Committee further notes that, pursuant to section 288 of the Labour Code, breaches of orders issued under section 111 on jobs and enterprises prohibited to young people are punishable by a fine of 100,000 to 200,000 Djibouti francs and, in the case of second offences, 200,000 to 400,000 Djibouti francs.

Article 9, paragraph 3. Employers’ registers. The Committee notes that section 209 of the Labour Code requires every employer to keep, at the place of work, an up to date register or any other document established in accordance with appropriate and modern procedures for the purpose of recording all such information as shall enable the competent labour services to carry out supervision. The Committee further notes that the same provision establishes that an order issued on the proposal of the Minister in charge of labour shall establish the content of the register or document and the conditions in which it must be kept available for the labour inspection services. The Committee reminds the Government that, according to Article 9, paragraph 3, of the Convention, the registers that must be kept by the employer shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he employs or who work for him and who are less than 18 years of age. The Committee requests the Government to indicate whether any order has been issued pursuant to section 209 of the Labour Code. If so, the Committee hopes that it is consistent with the requirements of Article 9, paragraph 3, of the Convention. If no such order has been issued, the Committee requests the Government to take the necessary measures to adopt an order on employers’ registers that is in keeping with the principles set out above, and to provide information on any progress made in this regard.