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

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

The Committee notes that the Government has not sent any report in reply to the observation of 2007. However, noting the information supplied by the Government in the reports received in May 2008 on the application of Conventions Nos 88, 122 and 144, and with reference to its previous comments on Conventions No. 96, the Committee invites the Government to supply a report containing information on the following questions.

Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. Previous observations reveal that the proliferation of private employment agencies following the liberalization of employment under Decree No. 11/PRE/97 has resulted in a reduction of the activities of the public employment service. According to previous observations from the General Union of Djibouti Workers (UGTD) and the Labour Union of Djibouti (UGT), fee-charging employment agencies have been legalized in Djibouti and are acting as filters for recruitment. Furthermore, the unions alleged that these agencies charge jobseekers and even deduct sums illegally from workers’ wages. The Committee notes that section 7 of Decree No. 2004-0054/PR/MESN of 1 April 2004 concerning private employment agencies expressly prohibits the latter from imposing charges or fees on workers. Moreover, section 14 of the same Decree provides that private employment agencies are required to send the labour inspector and the National Employment Service (SNE) a monthly summary of contracts concluded. The Committee notes that, under section 31 of Act 203/AN/07/5^th L of 22 December 2007 establishing the National Agency for Employment, Training and Vocational Placement (ANEFIP), one of the tasks of the latter is to monitor the application of the provisions of Decree No. 2004-0054/PR/MESN concerning private employment agencies. The Committee requests the Government to state the specific measures taken to monitor the activities of agencies covered by the Convention, providing a summary of the reports of the inspection services, information on the number and nature of infringements reported and also any other available information, particularly with regard to the recruitment and placement of workers abroad.

Revision of Convention No. 96. The Committee recalls that one of the objectives of the Private Employment Agencies Convention, 1997 (No. 181), is to allow the operation of private employment agencies as well as to protect workers using their services. The ILO Governing Body, during its 273rd Session in November 1998, invited the State parties to Convention No. 96 to contemplate the possibility of ratifying, if appropriate, the Private Employment Agencies Convention, 1997 (No. 181). Such ratification would entail the immediate denunciation of Convention No. 96. Consequently, as long as Convention No. 181 has not been ratified by Djibouti, Convention No. 96 remains in force in the country, and the Committee will continue to examine the application of Part II of the Convention in national law and practice. In this regard, the Committee refers to its comment on Convention No. 144 and requests the Government to indicate whether tripartite consultations have been held within the National Council for Labour, Employment and Vocational Training with a view to the ratification of Convention No. 181.