Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Djibouti (Ratification: 2005)

Articles 1 and 3(1) of the Convention. Participation of representative organizations. The Government indicates in its report that it is taking steps to create a legal framework, in consultation with the most representative employers’ and workers’ organizations, which is conducive to ensuring respect for freedom of association. In this context, two draft texts were drawn up in 2013 in consultation with the social partners and submitted to the National Council for Labour, Employment and Social Security (CONTESS) in 2014. The first text aims to create an institutional framework to resolve the issue of representativeness. The second text aims to strengthen the electoral procedures for holding national or track unions’ elections, particularly free and independent elections which are essential to ensure the legitimacy of the constitution of any workers’ or employers’ organization, but also to ensure representativeness. The Committee notes that it was planned for the first draft text to be submitted for approval to the members of CONTESS in April 2016. Referring to its previous comments, the Committee again expresses the hope that the Government will be in a position to secure for all employers’ and workers’ organizations present in the country the right to free and transparent elections in an environment that fully respects their capacity to act with complete independence. It requests the Government to send the abovementioned draft texts to the Office, once they have been adopted. The Committee expects that these draft texts will establish objective and transparent criteria for appointing workers’ representatives to national and international tripartite bodies, including the International Labour Conference.

Article 4(2). Financing of training. The Government indicates that it does not currently cover the cost of training for the social partners. It adds that the “Operational action plan 2014–18”, adopted under the national employment policy, includes a component in its programme on the prevention and management of labour disputes. The Committee again requests the Government to describe the arrangements made for the financing of any necessary training for participants in consultation procedures, particularly training planned in relation to the national employment policy.

Article 5. Tripartite consultations required by the Convention. Frequency of tripartite consultations. The Committee notes the record of the annual meeting of CONTESS which took place on 30 April 2014. The Government indicates that no consultations took place with the social partners in 2015. The Committee requests the Government to provide detailed information on the consultations held on each of the matters referred to in Article 5(1) of the Convention, indicating the content of the recommendations made by the social partners further to the said consultations. It also requests the Government to respect the frequency of tripartite consultations required by Article 5(2) of the Convention prescribing appropriate intervals fixed by agreement, but at least once a year.

[The Government is asked to reply in full to the present comments in 2017.]