Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Djibouti (Ratification: 1978)

The Committee takes note of the observations made by the International Trade Union Confederation (ITUC) in a communication received on 1 September 2014 as regards the continuing acts of intimidation and repression against the Labour Union of Djibouti (UDT) and the General Union of Djibouti Workers (UGTD). The Committee notes the Government’s reply which, in the main, denies the allegations. The Committee takes note of the observations submitted by the International Organisation of Employers (IOE) on 1 September 2014.

Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities in full freedom. The Committee particularly notes with deep concern the ITUC’s allegations that Mr Adan Mohamed Abdou, Secretary-General of the UDT, who was supposed to attend the 103rd Session of the International Labour Conference (May–June 2014) as an ITUC observer, was arrested at Djibouti airport and had his travel documents and luggage confiscated. In this respect, the Committee notes that the Credentials Committee also expressed its deep concern at the arrest of Mr Mohamed Abdou at Djibouti airport and observed that the incident seemed to confirm that the harassment suffered by the UDT had not ceased (second report of the Credentials Committee, International Labour Conference, 103rd Session, Geneva, May–June 2014, paragraph 18). The Committee notes that, in its reply, the Government merely indicates that it does not recognize Mr Mohamed Abdou’s status as a Worker representative because he is a duly elected Member of Parliament. The Government states that the legislation of Djibouti forbids a political leader from holding a trade union position. The Committee recalls that it already pointed out in its 2011 observation that the confiscation of Mr Mohamed Abdou’s travel documents by the authorities, in December 2010, had prevented him from fulfilling his commitments of representation at both regional and international levels. Deploring this new restriction by the authorities on Mr Mohamed Abdou’s freedom of movement, the Committee requests the Government to provide a copy of the specific legislation or other legal basis for forbidding him to leave the country, which prevented him from attending the International Labour Conference in May–June 2014 and to respect fully the rights guaranteed by the Convention.

Legislative issues. The Committee recalls that its comments have focused, for many years, on the need to take measures to amend the following legislative provisions:

• -section 5 of the Act on Associations, which requires organizations to obtain authorization prior to their establishment as trade unions; and
• -section 23 of Decree No. 83-099/PR/FP of 10 September 1983, which confers upon the President of the Republic broad powers to requisition public servants.

The Committee trusts that the Government will indicate in its next report specific progress in this regard.

The Committee is raising other matters in a request addressed directly to the Government.