Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes the observations of the General Union of Djibouti Workers (UGTD) and the Labour Union of Djibouti (UDT), received on 4 May 2021. The Committee requests the Government to provide its comments in this respect.

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Articles 1 and 3(1) of the Convention. Participation of representative organizations. The Government reiterates in its report that two legislative texts were drafted in 2013 in consultation with the social partners. These texts were referred to the National Council for Labour, Employment and Social Security (CONTESS) in 2014. The aim of the first text is to create an institutional framework for setting the issue of representativeness as provided by section 215 of the Labour Code, which establishes that “the representative nature of trade union organizations shall be determined by the outcome of workplace representation elections” and that “the ranking … thus determined by the workplace elections shall be recorded in an order issued by the Minister in charge of labour”. Nevertheless, the draft order is in preparation, hence the criteria for determining the representativeness of employers’ and workers’ organizations is still to be established. The aim of the second text is to reinforce the electoral procedures to be followed in occupational or national elections, with free and independent elections which are essential for ensuring the formation of legitimate workers and employers’ organizations and also their representativeness. The Government points out that the two draft texts have not been approved by CONTESS, which assigned the task of examining the drafts to the standing committee but the latter did not adopt them. The Government indicates that it will keep the Office informed of any developments in the matter. The Committee refers to its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and expresses the firm hope that the Government will adopt the abovementioned draft texts as soon as possible so that objective and transparent criteria can be established 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 a seminar on labour law was held for members of grassroots unions affiliated to the two most representative federations of workers’ unions in Djibouti. The seminar took place from 28 to 31 August 2016 at the National Institute of Public Administration and was funded by the executive secretariat responsible for reform of the administration. In addition, the Operational Action Plan 2014–18, adopted under the national employment policy, includes a component of training on labour legislation for trade union representatives and employers. The Committee requests the Government to continue providing information on appropriate arrangements made for the financing of any necessary training for participants in consultation procedures, as provided for by the Convention.

Article 5. Tripartite consultations required by the Convention. Frequency of tripartite consultations. The Committee notes the detailed record of the meeting of CONTESS that took place on 27 and 28 November 2016, which the Government attached to its report. In this regard, it notes the agenda of the meeting, which included draft texts for the implementation of the Labour Code and also the discussion of unratified Conventions (Article 5(1)(c) of the Convention). In this regard, the Committee notes with interest the ratification proposals adopted unanimously concerning the Maritime Labour Convention, 2006 (MLC, 2006), and the Protocol of 2014 to the Forced Labour Convention, 1930. The Committee requests the Government to continue providing detailed information on the content and outcome of the tripartite consultations held on each of the matters referred to in Article 5(1) of the Convention, and in particular to continue to send copies of the records of CONTESS meetings.

The Committee expects that the Government will make every effort to take the necessary action in the near future.