Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

The Committee notes the Government’s communication, dated 17 November 2019, in response to the allegations made in 2019 by the Labour Union of Djibouti (UDT) and the General Union of Djibouti Workers (UGTD), and by Education International (EI), concerning ongoing violations of freedom of association in Djibouti. The Committee notes, however, that the Government has not provided the information requested on the reasons why Mr Mohamed Abdou was prohibited from leaving the country and prevented from participating in the 103rd Session of the International Labour Conference (May-June 2014). Noting that the recent observations of the UDT and the UGTD no longer refer to this matter, the Committee trusts that Mr Abdou is no longer subject to such prohibitions.

Trade union situation in Djibouti. The Committee recalls that allegations of violations of freedom of association in the country are repeatedly brought before the ILO supervisory bodies and that mention is often made of the phenomenon of “clone unions” (duplication of trade union organizations, established with the Government’s support). The Committee notes that the Government merely reiterates that this phenomenon of “cloning” trade union organizations does not exist in Djibouti and that the representation of the UDT and the UGTD continues to be usurped by Mr Mohamed Abdou and Mr Diraneh Hared, authors of the observations addressed to the Committee. In this respect, the Committee notes the findings of the Credentials Committee of the 110th Session of the Conference (June 2022) on a new objection concerning the appointment of the Workers’ delegation. The Committee notes with deep concern the Credentials Committee’s indication that confusion continues to reign over the trade union landscape in Djibouti. The Credentials Committee particularly regrets that the Government has not addressed the allegations repeated every year by the objecting organizations concerning the “cloning” of the UDT and UGTD and usurpation of their names, “other than by stating flatly that the authors of the objection had no legitimate union mandate, without any explanation as to how, in particular, Mr Mohamed Abdou might have lost the leadership of the UDT, which he undoubtedly held in the past”. Noting the information from the Credentials Committee that the Government has stated that it accepts the terms for technical assistance from the Office to proceed with an evaluation of the situation of the trade union movement in the country, the Committee firmly urges the Government to take concrete measures to this effect in the near future, with a view to ensuring the development of free and independent trade unions in accordance with the Convention.

Article 3 of the Convention. Right of workers’ organizationsto organize their administration and activities in full freedom. The Committee once again notes with regret that the Government has not provided the information expected concerning the need to amend:

• - 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 take all measures necessary to amend the above provisions and will report on specific progress in its next report.

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