Abolition of Forced Labour Convention, 1957 (No. 105) - Djibouti (Ratification: 1978)

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

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(a) of the Convention. Imposition of prison sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic order. The Committee previously noted that pursuant to section 23 of Act No. 144/AN/80 of 16 September 1980 issuing the Prison Code and section 10 of Order No. 2011-0845/PR/MJDH issuing the internal rules of prisons, the prison administration could organize prison work. Furthermore, sections 42 and 43 of Act No. 144/AN/80 provide for the possibility of granting a special status to political prisoners but do not refer to their obligation to work. It also noted the Government’s indication that the national legislation does not specify whether or not prison labour is compulsory and that the prison administration exercises unilateral power to organize prison work. Noting that it is not clear from the national legislation nor from the information previously provided by the Government whether prison labour is compulsory or not, the Committee once again requests the Government to indicate whether, in practice, detainees can be required to perform work by the prison administration and, if so, to indicate the consequences of the detainees’ refusal to do so.

Pending clarification on this point, the Committee requested the Government to provide information on the application in practice of a number of provisions of the national legislation. In this regard, the Committee recalled that the Convention protects persons who express political views or views ideologically opposed to the established political, social or economic system by establishing that in the context of activities they carry on for these purposes they cannot be punished by sanctions involving an obligation to work. The Committee referred to:

• – Section 19 of Act No. 1/AN/92/2eL of 15 September 1992 on political parties under which whomsoever, in breach of the Act, founds, directs or administers a party of whatever form or denomination shall be liable to a penalty of imprisonment and/or a fine. The same section provides for prison sanctions for any person directing, administering or belonging to a political party that is maintained or reconstituted while it is suspended or after being dissolved.
• – Sections 78 and 79 of the Act No. 2/AN/92/2eL of 15 September 1992 on freedom of communication, which provide for sanction of imprisonment for offending the honour of the President of the Republic as well as for the publication, dissemination or reproduction by whatever means of false information.
• – Sections 182, 188(1), 189 and 427 of the Penal Code, which provide for prison sanctions for the commission of the following acts: the organization of a demonstration in a public place without notice or in breach of a prohibition, or the filing of an incomplete or inaccurate application likely to be misleading concerning the purpose or conditions of the planned demonstration (section 182); contempt towards the President of the Republic (section 188(1)); contempt towards a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public officer or a law enforcement agent, or a person responsible for performing a public service (section 189); public slander or libel against a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public servant, a person exercising public authority or a person responsible for performing a public service; the courts, the army, constitutional bodies or public administrations (section 427).

The Committee requests the Government to provide information on the application in practice of the above-mentioned provisions, including examples of court decisions defining or illustrating their scope or information on the grounds for prosecution and the sanctions imposed.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, 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.

Repetition

Article 1(a) of the Convention. Imposition of prison sentences involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee requested the Government to indicate whether persons who are sentenced to imprisonment may be subjected to compulsory labour. The Committee notes the Government’s confirmation that the legislation does not specify whether or not prison labour is compulsory and that the special status accorded to political prisoners does not refer to the issue of work (sections 3, 23, 24, 42 and 43 of Act No. 144/AN/80 of 16 September 1980 issuing the Prison Code and section 10 of Order No. 2011-0845/PR/MJDH issuing the internal rules of prisons). Noting the Government’s indication that the prison administration exercises unilateral power to organize prison work, the Committee requests the Government to indicate whether in practice the prison administration requires, in one way or another, detainees to perform work and, if so, the consequences that would arise if detainees refused to do so.

While awaiting this clarification, the Committee hopes that, as it undertook to do in its last report, the Government will provide information on the manner in which the provisions referred to below are applied by the courts, the frequency with which they are applied, the circumstances which constitute violations and the nature of the penalties imposed (including examples of court rulings):

• – Section 19 of Act No. 1/AN/92/2eL of 15 September 1992 on political parties under which whomsoever, in breach of the Act, founds, directs or administers a party of whatever form or denomination shall be liable to a penalty of imprisonment of from six to 12 months and a fine, or one of these two penalties. Under the same section, a prison term of from one to five years and a fine are envisaged for any person directing, administering or belonging to a political party that is maintained or reconstituted while it is suspended or after it has been dissolved.
• – Sections 77, 78 and 79 of the Act on freedom of communication (Act No. 2/AN/92/2eL) establishing as criminal offences and setting penalties for libel and slander, contempt towards the President of the Republic (prison sentences of between three months and one year), and the publication, dissemination or reproduction by whatever means of false information (prison sentences of between one and three years).
• – Sections 182, 188(1), 189 and 427 of the Penal Code, which envisage prison sentences in a number of circumstances: the organization of a demonstration in a public place without notice or in breach of a prohibition, or the filing of an incomplete or inaccurate application likely to be misleading concerning the purpose or conditions of the planned demonstration (section 182); contempt towards the President of the Republic (section 188(1)); contempt towards a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public officer or a law enforcement agent, or a person responsible for performing a public service (section 189); public slander or libel against: (1) a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public servant, a person exercising public authority or a person responsible for performing a public service; (2) the courts, the army, constitutional bodies or public administrations (section 427).

In this regard, the Committee notes that, in its concluding observations of 19 November 2013, the United Nations Human Rights Committee expresses its concern at the restrictions on freedom of the press, the threats, harassment and intimidation suffered by human rights defenders and journalists, as well as the severity of the penalties for defamation, including imprisonment (CCPR/C/DJI/CO/1, paragraph 12). The Committee recalls that the Convention prohibits the imposition of work, including compulsory prison labour, on persons who express political views or views ideologically opposed to the established political, social or economic system. That could be the case where national legislation provides for penalties of imprisonment to punish peaceful acts through which people express a political opinion. The Committee therefore requests the Government to ensure that the provisions of the national legislation referred to above are not used to punish persons who express political opinions or who peacefully oppose the established political, social or economic system through the imposition of sentences of imprisonment under the terms of which forced labour may be imposed.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, 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.

Repetition

Article 1(a) of the Convention. Imposition of prison sentences involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee requested the Government to indicate whether persons who are sentenced to imprisonment may be subjected to compulsory labour. The Committee notes the Government’s confirmation that the legislation does not specify whether or not prison labour is compulsory and that the special status accorded to political prisoners does not refer to the issue of work (sections 3, 23, 24, 42 and 43 of Act No. 144/AN/80 of 16 September 1980 issuing the Prison Code and section 10 of Order No. 2011-0845/PR/MJDH issuing the internal rules of prisons). Noting the Government’s indication that the prison administration exercises unilateral power to organize prison work, the Committee requests the Government to indicate whether in practice the prison administration requires, in one way or another, detainees to perform work and, if so, the consequences that would arise if detainees refused to do so.

While awaiting this clarification, the Committee hopes that, as it undertook to do in its last report, the Government will provide information on the manner in which the provisions referred to below are applied by the courts, the frequency with which they are applied, the circumstances which constitute violations and the nature of the penalties imposed (including examples of court rulings):

• – Section 19 of Act No. 1/AN/92/2eL of 15 September 1992 on political parties under which whomsoever, in breach of the Act, founds, directs or administers a party of whatever form or denomination shall be liable to a penalty of imprisonment of from six to 12 months and a fine, or one of these two penalties. Under the same section, a prison term of from one to five years and a fine are envisaged for any person directing, administering or belonging to a political party that is maintained or reconstituted while it is suspended or after it has been dissolved.
• – Sections 77, 78 and 79 of the Act on freedom of communication (Act No. 2/AN/92/2eL) establishing as criminal offences and setting penalties for libel and slander, contempt towards the President of the Republic (prison sentences of between three months and one year), and the publication, dissemination or reproduction by whatever means of false information (prison sentences of between one and three years).
• – Sections 182, 188(1), 189 and 427 of the Penal Code, which envisage prison sentences in a number of circumstances: the organization of a demonstration in a public place without notice or in breach of a prohibition, or the filing of an incomplete or inaccurate application likely to be misleading concerning the purpose or conditions of the planned demonstration (section 182); contempt towards the President of the Republic (section 188(1)); contempt towards a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public officer or a law enforcement agent, or a person responsible for performing a public service (section 189); public slander or libel against: (1) a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public servant, a person exercising public authority or a person responsible for performing a public service; (2) the courts, the army, constitutional bodies or public administrations (section 427).

In this regard, the Committee notes that, in its concluding observations of 19 November 2013, the United Nations Human Rights Committee expresses its concern at the restrictions on freedom of the press, the threats, harassment and intimidation suffered by human rights defenders and journalists, as well as the severity of the penalties for defamation, including imprisonment (CCPR/C/DJI/CO/1, paragraph 12). The Committee recalls that the Convention prohibits the imposition of work, including compulsory prison labour, on persons who express political views or views ideologically opposed to the established political, social or economic system. That could be the case where national legislation provides for penalties of imprisonment to punish peaceful acts through which people express a political opinion. The Committee therefore requests the Government to ensure that the provisions of the national legislation referred to above are not used to punish persons who express political opinions or who peacefully oppose the established political, social or economic system through the imposition of sentences of imprisonment under the terms of which forced labour may be imposed.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Article 1(a) of the Convention. Imposition of prison sentences involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee requested the Government to indicate whether persons who are sentenced to imprisonment may be subjected to compulsory labour. The Committee notes the Government’s confirmation that the legislation does not specify whether or not prison labour is compulsory and that the special status accorded to political prisoners does not refer to the issue of work (sections 3, 23, 24, 42 and 43 of Act No. 144/AN/80 of 16 September 1980 issuing the Prison Code and section 10 of Order No. 2011-0845/PR/MJDH issuing the internal rules of prisons). Noting the Government’s indication that the prison administration exercises unilateral power to organize prison work, the Committee requests the Government to indicate whether in practice the prison administration requires, in one way or another, detainees to perform work and, if so, the consequences that would arise if detainees refused to do so.

While awaiting this clarification, the Committee hopes that, as it undertook to do in its last report, the Government will provide information on the manner in which the provisions referred to below are applied by the courts, the frequency with which they are applied, the circumstances which constitute violations and the nature of the penalties imposed (including examples of court rulings):

• – Section 19 of Act No. 1/AN/92/2eL of 15 September 1992 on political parties under which whomsoever, in breach of the Act, founds, directs or administers a party of whatever form or denomination shall be liable to a penalty of imprisonment of from six to 12 months and a fine, or one of these two penalties. Under the same section, a prison term of from one to five years and a fine are envisaged for any person directing, administering or belonging to a political party that is maintained or reconstituted while it is suspended or after it has been dissolved.
• – Sections 77, 78 and 79 of the Act on freedom of communication (Act No. 2/AN/92/2eL) establishing as criminal offences and setting penalties for libel and slander, contempt towards the President of the Republic (prison sentences of between three months and one year), and the publication, dissemination or reproduction by whatever means of false information (prison sentences of between one and three years).
• – Sections 182, 188(1), 189 and 427 of the Penal Code, which envisage prison sentences in a number of circumstances: the organization of a demonstration in a public place without notice or in breach of a prohibition, or the filing of an incomplete or inaccurate application likely to be misleading concerning the purpose or conditions of the planned demonstration (section 182); contempt towards the President of the Republic (section 188(1)); contempt towards a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public officer or a law enforcement agent, or a person responsible for performing a public service (section 189); public slander or libel against: (1) a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public servant, a person exercising public authority or a person responsible for performing a public service; (2) the courts, the army, constitutional bodies or public administrations (section 427).

In this regard, the Committee notes that, in its concluding observations of 19 November 2013, the United Nations Human Rights Committee expresses its concern at the restrictions on freedom of the press, the threats, harassment and intimidation suffered by human rights defenders and journalists, as well as the severity of the penalties for defamation, including imprisonment (CCPR/C/DJI/CO/1, paragraph 12). The Committee recalls that the Convention prohibits the imposition of work, including compulsory prison labour, on persons who express political views or views ideologically opposed to the established political, social or economic system. That could be the case where national legislation provides for penalties of imprisonment to punish peaceful acts through which people express a political opinion. The Committee therefore requests the Government to ensure that the provisions of the national legislation referred to above are not used to punish persons who express political opinions or who peacefully oppose the established political, social or economic system through the imposition of sentences of imprisonment under the terms of which forced labour may be imposed.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Article 1(a) of the Convention. Imposition of prison sentences involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee requested the Government to indicate whether persons who are sentenced to imprisonment may be subjected to compulsory labour. The Committee notes the Government’s confirmation that the legislation does not specify whether or not prison labour is compulsory and that the special status accorded to political prisoners does not refer to the issue of work (sections 3, 23, 24, 42 and 43 of Act No. 144/AN/80 of 16 September 1980 issuing the Prison Code and section 10 of Order No. 2011-0845/PR/MJDH issuing the internal rules of prisons). Noting the Government’s indication that the prison administration exercises unilateral power to organize prison work, the Committee requests the Government to indicate whether in practice the prison administration requires, in one way or another, detainees to perform work and, if so, the consequences that would arise if detainees refused to do so.

While awaiting this clarification, the Committee hopes that, as it undertook to do in its last report, the Government will provide information on the manner in which the provisions referred to below are applied by the courts, the frequency with which they are applied, the circumstances which constitute violations and the nature of the penalties imposed (including examples of court rulings):

• – Section 19 of Act No. 1/AN/92/2eL of 15 September 1992 on political parties under which whomsoever, in breach of the Act, founds, directs or administers a party of whatever form or denomination shall be liable to a penalty of imprisonment of from six to 12 months and a fine, or one of these two penalties. Under the same section, a prison term of from one to five years and a fine are envisaged for any person directing, administering or belonging to a political party that is maintained or reconstituted while it is suspended or after it has been dissolved.
• – Sections 77, 78 and 79 of the Act on freedom of communication (Act No. 2/AN/92/2eL) establishing as criminal offences and setting penalties for libel and slander, contempt towards the President of the Republic (prison sentences of between three months and one year), and the publication, dissemination or reproduction by whatever means of false information (prison sentences of between one and three years).
• – Sections 182, 188(1), 189 and 427 of the Penal Code, which envisage prison sentences in a number of circumstances: the organization of a demonstration in a public place without notice or in breach of a prohibition, or the filing of an incomplete or inaccurate application likely to be misleading concerning the purpose or conditions of the planned demonstration (section 182); contempt towards the President of the Republic (section 188(1)); contempt towards a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public officer or a law enforcement agent, or a person responsible for performing a public service (section 189); public slander or libel against: (1) a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public servant, a person exercising public authority or a person responsible for performing a public service; (2) the courts, the army, constitutional bodies or public administrations (section 427).

In this regard, the Committee notes that, in its concluding observations of 19 November 2013, the United Nations Human Rights Committee expresses its concern at the restrictions on freedom of the press, the threats, harassment and intimidation suffered by human rights defenders and journalists, as well as the severity of the penalties for defamation, including imprisonment (CCPR/C/DJI/CO/1, paragraph 12). The Committee recalls that the Convention prohibits the imposition of work, including compulsory prison labour, on persons who express political views or views ideologically opposed to the established political, social or economic system. That could be the case where national legislation provides for penalties of imprisonment to punish peaceful acts through which people express a political opinion. The Committee therefore requests the Government to ensure that the provisions of the national legislation referred to above are not used to punish persons who express political opinions or who peacefully oppose the established political, social or economic system through the imposition of sentences of imprisonment under the terms of which forced labour may be imposed.

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

Article 1(a) of the Convention. Imposition of prison sentences involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee requested the Government to indicate whether persons who are sentenced to imprisonment may be subjected to compulsory labour. The Committee notes the Government’s confirmation that the legislation does not specify whether or not prison labour is compulsory and that the special status accorded to political prisoners does not refer to the issue of work (sections 3, 23, 24, 42 and 43 of Act No. 144/AN/80 of 16 September 1980 issuing the Prison Code and section 10 of Order No. 2011-0845/PR/MJDH issuing the internal rules of prisons). Noting the Government’s indication that the prison administration exercises unilateral power to organize prison work, the Committee requests the Government to indicate whether in practice the prison administration requires, in one way or another, detainees to perform work and, if so, the consequences that would arise if detainees refused to do so.

While awaiting this clarification, the Committee hopes that, as it undertook to do in its last report, the Government will provide information on the manner in which the provisions referred to below are applied by the courts, the frequency with which they are applied, the circumstances which constitute violations and the nature of the penalties imposed (including examples of court rulings):

• – Section 19 of Act No. 1/AN/92/2eL of 15 September 1992 on political parties under which whomsoever, in breach of the Act, founds, directs or administers a party of whatever form or denomination shall be liable to a penalty of imprisonment of from six to 12 months and a fine, or one of these two penalties. Under the same section, a prison term of from one to five years and a fine are envisaged for any person directing, administering or belonging to a political party that is maintained or reconstituted while it is suspended or after it has been dissolved.
• – Sections 77, 78 and 79 of the Act on freedom of communication (Act No. 2/AN/92/2eL) establishing as criminal offences and setting penalties for libel and slander, contempt towards the President of the Republic (prison sentences of between three months and one year), and the publication, dissemination or reproduction by whatever means of false information (prison sentences of between one and three years).
• – Sections 182, 188(1), 189 and 427 of the Penal Code, which envisage prison sentences in a number of circumstances: the organization of a demonstration in a public place without notice or in breach of a prohibition, or the filing of an incomplete or inaccurate application likely to be misleading concerning the purpose or conditions of the planned demonstration (section 182); contempt towards the President of the Republic (section 188(1)); contempt towards a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public officer or a law enforcement agent, or a person responsible for performing a public service (section 189); public slander or libel against: (1) a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public servant, a person exercising public authority or a person responsible for performing a public service; (2) the courts, the army, constitutional bodies or public administrations (section 427).

In this regard, the Committee notes that, in its concluding observations of 19 November 2013, the United Nations Human Rights Committee expresses its concern at the restrictions on freedom of the press, the threats, harassment and intimidation suffered by human rights defenders and journalists, as well as the severity of the penalties for defamation, including imprisonment (CCPR/C/DJI/CO/1, paragraph 12). The Committee recalls that the Convention prohibits the imposition of work, including compulsory prison labour, on persons who express political views or views ideologically opposed to the established political, social or economic system. That could be the case where national legislation provides for penalties of imprisonment to punish peaceful acts through which people express a political opinion. The Committee therefore requests the Government to ensure that the provisions of the national legislation referred to above are not used to punish persons who express political opinions or who peacefully oppose the established political, social or economic system through the imposition of sentences of imprisonment under the terms of which forced labour may be imposed.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(a) of the Convention. Imposition of prison sentences involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that in its report received in 2008, the Government states that in view of the restructuring of the justice and communication sectors, it would send replies to the Committee’s comments at a later date. The Committee recalls that national laws and regulations governing the exercise of civil rights and liberties – the rights and liberties under which people express their political opinions – may be incompatible with the Convention when they provide for the imposition of prison sentences and when they make prison labour compulsory. Thus, the exaction of prison labour from someone who has been sentenced to imprisonment having peacefully expressed certain political views or opposed the established political, social or economic system will be covered by the Convention.

In its previous comments, the Committee noted that the legislation refers to work carried out by prisoners but does not specify whether prison labour is compulsory (sections 23 and 24 of Act No. 144/AN/80 of 16 September 1980 issuing the Prison Code) and appears to give political prisoners a special, more favourable status but makes no mention of work (sections 3, 42 and 43 of the Prison Code). The Committee further observed that prison sentences may be imposed for breach of some provisions of the legislation that govern the exercise of certain rights and freedoms protected by the Convention.

In view of the points raised above, the Committee once again asks the Government to indicate whether prison labour is compulsory. If so, please specify whether political prisoners are exempt in this regard.

Pending these clarifications, the Committee would be grateful if the Government would provide information on the manner in which the provisions below are applied by the courts: the frequency with which they are applied, the circumstances allowing violations to be identified and the nature of the penalties imposed (where appropriate please send samples of court decisions):

• – Section 19 of Act No. 1/AN/92/2eL of 15 September 1992 on political parties under which whosoever, in breach of this Act, founds, directs or administers a party whatever its form or denomination is liable to a penalty of imprisonment of from six to twelve months and a fine, or one of these two penalties. Under the same provision, a prison term of from one to five years and a fine may be imposed on any person directing, administering or belonging to a political party that is maintained or reconstituted during this suspension or after it has been dissolved.
• – Sections 77, 78 and 79 of the Act on freedom of communication (No. 2/AN/92/2eL) establishing as criminal offences and setting penalties for: libel and slander; contempt towards the President of the Republic (prison sentence of between three months and one year); and the publication, dissemination or reproduction by whatever means of false information (prison sentence of between one and three years).
• – Sections 182, 188(1), 189 and 427 of the Penal Code, which envisage prison penalties in a number of circumstances: the organization of a demonstration in a public place without advance notice or in breach of a prohibition, or the filing of an incomplete or inaccurate application such as to mislead as to this subject or conditions of the planned demonstration (section 182); contempt towards the President of the Republic (section 188(1)); contempt towards a member of the government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public officer or a law enforcement agent, or a person responsible for performing public service duties (section 189); public slander or libel against: (1) a member of the government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public servant, a law enforcement agent or a person responsible for performing public service duties; (2) the courts, the army, constitutional bodies or the public authorities (section 427).

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(a) of the Convention. Imposition of prison sentences involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that in its report received in 2008, the Government states that in view of the restructuring of the justice and communication sectors, it would send replies to the Committee’s comments at a later date. The Committee recalls that national laws and regulations governing the exercise of civil rights and liberties – the rights and liberties under which people express their political opinions – may be incompatible with the Convention when they provide for the imposition of prison sentences and when they make prison labour compulsory. Thus, the exaction of prison labour from someone who has been sentenced to imprisonment having peacefully expressed certain political views or opposed the established political, social or economic system will be covered by the Convention.

In its previous comments, the Committee noted that the legislation refers to work carried out by prisoners but does not specify whether prison labour is compulsory (sections 23 and 24 of Act No. 144/AN/80 of 16 September 1980 issuing the Prison Code) and appears to give political prisoners a special, more favourable status but makes no mention of work (sections 3, 42 and 43 of the Prison Code). The Committee further observed that prison sentences may be imposed for breach of some provisions of the legislation that govern the exercise of certain rights and freedoms protected by the Convention.

In view of the points raised above, the Committee once again asks the Government to indicate whether prison labour is compulsory. If so, please specify whether political prisoners are exempt in this regard.

Pending these clarifications, the Committee would be grateful if the Government would provide information on the manner in which the provisions below are applied by the courts: the frequency with which they are applied, the circumstances allowing violations to be identified and the nature of the penalties imposed (where appropriate please send samples of court decisions):

• – Section 19 of Act No. 1/AN/92/2eL of 15 September 1992 on political parties under which whosoever, in breach of this Act, founds, directs or administers a party whatever its form or denomination is liable to a penalty of imprisonment of from six to twelve months and a fine, or one of these two penalties. Under the same provision, a prison term of from one to five years and a fine may be imposed on any person directing, administering or belonging to a political party that is maintained or reconstituted during this suspension or after it has been dissolved.
• – Sections 77, 78 and 79 of the Act on freedom of communication (No. 2/AN/92/2eL) establishing as criminal offences and setting penalties for: libel and slander; contempt towards the President of the Republic (prison sentence of between three months and one year); and the publication, dissemination or reproduction by whatever means of false information (prison sentence of between one and three years).
• – Sections 182, 188(1), 189 and 427 of the Penal Code, which envisage prison penalties in a number of circumstances: the organization of a demonstration in a public place without advance notice or in breach of a prohibition, or the filing of an incomplete or inaccurate application such as to mislead as to this subject or conditions of the planned demonstration (section 182); contempt towards the President of the Republic (section 188(1)); contempt towards a member of the government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public officer or a law enforcement agent, or a person responsible for performing public service duties (section 189); public slander or libel against: (1) a member of the government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public servant, a law enforcement agent or a person responsible for performing public service duties; (2) the courts, the army, constitutional bodies or the public authorities (section 427).

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(a) of the Convention. Imposition of prison sentences involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that in its report received in 2008, the Government states that in view of the restructuring of the justice and communication sectors, it would send replies to the Committee’s comments at a later date. The Committee recalls that national laws and regulations governing the exercise of civil rights and liberties – the rights and liberties under which people express their political opinions – may be incompatible with the Convention when they provide for the imposition of prison sentences and when they make prison labour compulsory. Thus, the exaction of prison labour from someone who has been sentenced to imprisonment having peacefully expressed certain political views or opposed the established political, social or economic system will be covered by the Convention.

In its previous comments, the Committee noted that the legislation refers to work carried out by prisoners but does not specify whether prison labour is compulsory (sections 23 and 24 of Act No. 144/AN/80 of 16 September 1980 issuing the Prison Code) and appears to give political prisoners a special, more favourable status but makes no mention of work (sections 3, 42 and 43 of the Prison Code). The Committee further observed that prison sentences may be imposed for breach of some provisions of the legislation that govern the exercise of certain rights and freedoms protected by the Convention.

In view of the points raised above, the Committee once again asks the Government to indicate whether prison labour is compulsory. If so, please specify whether political prisoners are exempt in this regard.

Pending these clarifications, the Committee would be grateful if the Government would provide information on the manner in which the provisions below are applied by the courts: the frequency with which they are applied, the circumstances allowing violations to be identified and the nature of the penalties imposed (where appropriate please send samples of court decisions):

–      Section 19 of Act No. 1/AN/92/2eL of 15 September 1992 on political parties under which whosoever, in breach of this Act, founds, directs or administers a party whatever its form or denomination is liable to a penalty of imprisonment of from six to twelve months and a fine, or one of these two penalties. Under the same provision, a prison term of from one to five years and a fine may be imposed on any person directing, administering or belonging to a political party that is maintained or reconstituted during this suspension or after it has been dissolved.

–      Sections 77, 78 and 79 of the Act on freedom of communication (No. 2/AN/92/2eL) establishing as criminal offences and setting penalties for: libel and slander; contempt towards the President of the Republic (prison sentence of between three months and one year); and the publication, dissemination or reproduction by whatever means of false information (prison sentence of between one and three years).

–      Sections 182, 188(1), 189 and 427 of the Penal Code, which envisage prison penalties in a number of circumstances: the organization of a demonstration in a public place without advance notice or in breach of a prohibition, or the filing of an incomplete or inaccurate application such as to mislead as to this subject or conditions of the planned demonstration (section 182); contempt towards the President of the Republic (section 188(1)); contempt towards a member of the government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public officer or a law enforcement agent, or a person responsible for performing public service duties (section 189); public slander or libel against: (1) a member of the government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public servant, a law enforcement agent or a person responsible for performing public service duties; (2) the courts, the army, constitutional bodies or the public authorities (section 427).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1, subparagraph a, of the Convention. Imposition of prison sentences involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that in its report received in 2008, the Government states that in view of the restructuring of the justice and communication sectors, it would send replies to the Committee’s comments at a later date. The Committee recalls that national laws and regulations governing the exercise of civil rights and liberties – the rights and liberties under which people express their political opinions – may be incompatible with the Convention when they provide for the imposition of prison sentences and when they make prison labour compulsory. Thus, the exaction of prison labour from someone who has been sentenced to imprisonment having peacefully expressed certain political views or opposed the established political, social or economic system will be covered by the Convention.

In its previous comments, the Committee noted that the legislation refers to work carried out by prisoners but does not specify whether prison labour is compulsory (sections 23 and 24 of Act No. 144/AN/80 of 16 September 1980 issuing the Prison Code) and appears to give political prisoners a special, more favourable status but makes no mention of work (sections 3, 42 and 43 of the Prison Code). The Committee further observed that prison sentences may be imposed for breach of some provisions of the legislation that govern the exercise of certain rights and freedoms protected by the Convention.

In view of the points raised above, the Committee once again asks the Government to indicate whether prison labour is compulsory. If so, please specify whether political prisoners are exempt in this regard.

Pending these clarifications, the Committee would be grateful if the Government would provide information on the manner in which the provisions below are applied by the courts: the frequency with which they are applied, the circumstances allowing violations to be identified and the nature of the penalties imposed (where appropriate please send samples of court decisions):

–           Section 19 of Act No. 1/AN/92/2eL of 15 September 1992 on political parties under which whosoever, in breach of this Act, founds, directs or administers a party whatever its form or denomination is liable to a penalty of imprisonment of from six to twelve months and a fine, or one of these two penalties. Under the same provision, a prison term of from one to five years and a fine may be imposed on any person directing, administering or belonging to a political party that is maintained or reconstituted during this suspension or after it has been dissolved.

–           Sections 77, 78 and 79 of the Act on freedom of communication (No. 2/AN/92/2eL) establishing as criminal offences and setting penalties for: libel and slander; contempt towards the President of the Republic (prison sentence of between three months and one year); and the publication, dissemination or reproduction by whatever means of false information (prison sentence of between one and three years).

–           Sections 182, 188(1), 189 and 427 of the Penal Code, which envisage prison penalties in a number of circumstances: the organization of a demonstration in a public place without advance notice or in breach of a prohibition, or the filing of an incomplete or inaccurate application such as to mislead as to this subject or conditions of the planned demonstration (section 182); contempt towards the President of the Republic (section 188(1)); contempt towards a member of the government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public officer or a law enforcement agent, or a person responsible for performing public service duties (section 189); public slander or libel against: (1) a member of the government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public servant, a law enforcement agent or a person responsible for performing public service duties; (2) the courts, the army, constitutional bodies or the public authorities (section 427).

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1(a) of the Convention. Prison sentences involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. First, the Committee wishes to recall that, in most cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance to the application of this Convention. On the other hand, if a person is in any way forced to work, including in prison, because he or she has expressed particular political views or has views opposed to the established political, social or economic system, the situation is covered by the Convention. Therefore, prison sentences, when involving forced labour, are covered by the Convention, if they are used to enforce a ban on expressing political views or views opposed to the established political, social or economic system.

In its previous comments, the Committee noted that the Government had indicated, in its report on the application of the Forced Labour Convention, 1930, (No. 29), that, in general, prisoners in Djibouti do not work. It noted that sections 23 and 24 of Act No. 144/AN/80 of 16 September 1980, issuing the Prison Code, refer to work carried out by detainees without explicitly indicating whether prison labour is compulsory or not. Moreover, sections 3, 42 and 43 of the Prison Code seem to envisage a special, more favourable status for political detainees. Taking into account these elements, the Committee asks the Government, once again, to indicate whether prison labour is compulsory for prisoners and, if so, whether the status of political prisoners includes special, more favourable provisions in respect of prison labour.

2. In its previous comments, the Committee asked the Government to provide information on the application in practice of section 19 of Act No. 1/AN/92/2eL of 15 September 1992 on political parties. The Committee notes that the Government has failed to provide any information in this regard.

The Committee notes that the Act on political parties, together with Act No. 2/AN/92/2eL of 15 September 1992 on freedom of communication, and certain provisions of the Penal Code (Act No. 59/AN/94 of 5 January 1995) regulate the exercising of a number of rights protected by the Convention. The Committee notes that the violation of certain provisions of these Acts is punishable by imprisonment and that such prison sentences, as indicated above, might involve compulsory labour. In these circumstances, the Committee would like the Government to provide relevant information on the application in practice of the provisions mentioned below of these Acts, so as to clarify the scope of their application. The Government is requested, in particular, to indicate how frequently these provisions are invoked before the courts, the circumstances characterizing the offences and the nature of the penalties imposed, and, where appropriate, to provide a copy of relevant court decisions:

–      Section 19 of Act No. 1/AN/92/2eL of 15 September 1992 on political parties, by virtue of which, any person who, in violation of this Act, establishes, leads or administers a party in whatsoever form or under whatsoever denomination may be subject to a prison sentence of between six and 12 months and a fine, or either of these penalties. Under the same section, a prison sentence of between one and five years and a fine are envisaged for any person who leads, administers or is a member of a political party which is maintained or reconstituted during its suspension or following its dissolution.

–      Under sections 77, 78 and 79 of the Act on freedom of communication (No. 2/AN/92/2eL), the following are punishable offences: slander; contempt towards the President of the Republic (prison sentence of between three months and one year); publication, dissemination and reproduction, by whatever means, of false information (prison sentence of between one and three years).

–      Sections 182, 188, paragraph 1, 189 and 427 of the Penal Code envisage the penalty of imprisonment in a number of circumstances: the organization of a demonstration in a public place without advance notice or which has been prohibited, or the filing of an incomplete or inexact application so as to mislead as to the subject or the conditions of the planned demonstration (section 182); contempt towards the President of the Republic (section 188, paragraph 1); contempt towards a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public officer or a law enforcement agent, or a person responsible for performing public service duties (section 189); public slander committed against: (1) a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public servant, a law enforcement agent or a person responsible for performing public service duties; (2) the courts, the army, constitutional bodies or the public authorities (section 427).

Article 1(c). The Committee asks the Government, once again, to indicate whether the implementing texts envisaged in sections 104 and 109 of the Shipping Code (Act No. 212/AN/82 of 18 January 1982) have been adopted and, if so, to provide a copy thereof.

 

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 1(a) of the Convention. Prison sentences involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. First, the Committee wishes to recall that, in most cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance to the application of this Convention. On the other hand, if a person is in any way forced to work, including in prison, because he or she has expressed particular political views or has views opposed to the established political, social or economic system, the situation is covered by the Convention. Therefore, prison sentences, when involving forced labour, are covered by the Convention, if they are used to enforce a ban on expressing political views or views opposed to the established political, social or economic system.

In its previous comments, the Committee noted that the Government had indicated, in its report on the application of the Forced Labour Convention, 1930, (No. 29), that, in general, prisoners in Djibouti do not work. It noted that sections 23 and 24 of Act No. 144/AN/80 of 16 September 1980, issuing the Prison Code, refer to work carried out by detainees without explicitly indicating whether prison labour is compulsory or not. Moreover, sections 3, 42 and 43 of the Prison Code seem to envisage a special, more favourable status for political detainees. Taking into account these elements, the Committee asks the Government, once again, to indicate whether prison labour is compulsory for prisoners and, if so, whether the status of political prisoners includes special, more favourable provisions in respect of prison labour.

2. In its previous comments, the Committee asked the Government to provide information on the application in practice of section 19 of Act No. 1/AN/92/2eL of 15 September 1992 on political parties. The Committee notes that the Government has failed to provide any information in this regard.

The Committee notes that the Act on political parties, together with Act No. 2/AN/92/2eL of 15 September 1992 on freedom of communication, and certain provisions of the Penal Code (Act No. 59/AN/94 of 5 January 1995) regulate the exercising of a number of rights protected by the Convention. The Committee notes that the violation of certain provisions of these Acts is punishable by imprisonment and that such prison sentences, as indicated above, might involve compulsory labour. In these circumstances, the Committee would like the Government to provide relevant information on the application in practice of the provisions mentioned below of these Acts, so as to clarify the scope of their application. The Government is requested, in particular, to indicate how frequently these provisions are invoked before the courts, the circumstances characterizing the offences and the nature of the penalties imposed, and, where appropriate, to provide a copy of relevant court decisions:

–         Section 19 of Act No. 1/AN/92/2eL of 15 September 1992 on political parties, by virtue of which, any person who, in violation of this Act, establishes, leads or administers a party in whatsoever form or under whatsoever denomination may be subject to a prison sentence of between six and 12 months and a fine, or either of these penalties. Under the same section, a prison sentence of between one and five years and a fine are envisaged for any person who leads, administers or is a member of a political party which is maintained or reconstituted during its suspension or following its dissolution.

–         Under sections 77, 78 and 79 of the Act on freedom of communication (No. 2/AN/92/2eL), the following are punishable offences: slander; contempt towards the President of the Republic (prison sentence of between three months and one year); publication, dissemination and reproduction, by whatever means, of false information (prison sentence of between one and three years).

–         Sections 182, 188, paragraph 1, 189 and 427 of the Penal Code envisage the penalty of imprisonment in a number of circumstances: the organization of a demonstration in a public place without advance notice or which has been prohibited, or the filing of an incomplete or inexact application so as to mislead as to the subject or the conditions of the planned demonstration (section 182); contempt towards the President of the Republic (section 188, paragraph 1); contempt towards a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public officer or a law enforcement agent, or a person responsible for performing public service duties (section 189); public slander committed against: (1) a member of the Government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public servant, a law enforcement agent or a person responsible for performing public service duties; (2) the courts, the army, constitutional bodies or the public authorities (section 427).

Article 1(c). The Committee asks the Government, once again, to indicate whether the implementing texts envisaged in sections 104 and 109 of the Shipping Code (Act No. 212/AN/82 of 18 January 1982) have been adopted and, if so, to provide a copy thereof.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 1(a) of the Convention. The Committee notes the provisions of Act No. 1/AN/92/2eL of 15 September 1992 with respect to political parties. It notes that, by virtue of section 19 of the Act, any person who, in violation of this Act, establishes, leads or administers a party in whatsoever form or under whatsoever denomination is liable to a penalty of imprisonment of from 6 to 12 months and a fine of from 1 to 5 million Djibouti francs, or either of these penalties. Under the same section, a penalty of from one to five years of imprisonment and a fine of from 2 million to 10 million Djibouti francs is envisaged against any person who leads, administers or is a member of a political party which is maintained or reconstituted during its suspension or following its dissolution. The Committee requests the Government to provide information on the application of these provisions in practice, with a copy of any judicial decision imposing a penalty of imprisonment under section 19.

The Committee notes the information provided by the Government in its report on the application of Convention No. 29 on forced labour to the effect that, in general, prisoners do not work in Djibouti. It notes sections 23 and 24 of Act No. 144/AN/80 of 16 September 1980, issuing the Prison Code, the provisions of which do not explicitly indicate whether prison labour is or is not compulsory. The Committee requests the Government to indicate the measures which have been taken to ensure that the application of section 19 of the Act of 15 September 1992 does not have the consequence of the imposition of compulsory prison labour on persons sentenced to a penalty of imprisonment under this section. The Committee also notes that the Prison Code includes provisions envisaging a more favourable special status for political detainees (sections 42 and 43). The Committee requests the Government to indicate whether this status includes special more favourable provisions in relation to prison labour.

2. Article 1(c). In its previous comments, the Committee requested the Government to provide copies of the implementing texts issued under sections 104 and 109 of Act No. 212/AN/82 issuing the Shipping Code. It noted that the Government had attached to its report a copy of the above Code, which was already available to the Office. The Committee is therefore bound to reiterate the hope that the Government will provide copies of the instruments requested with its next report.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

1. Article 1(a) of the Convention. The Committee notes the provisions of Act No. 1/AN/92/2eL of 15 September 1992 with respect to political parties. It notes that, by virtue of section 19 of the Act, any person who, in violation of this Act, establishes, leads or administers a party in whatsoever form or under whatsoever denomination is liable to a penalty of imprisonment of from 6 to 12 months and a fine of from 1 to 5 million Djibouti francs, or either of these penalties. Under the same section, a penalty of from one to five years of imprisonment and a fine of from 2 million to 10 million Djibouti francs is envisaged against any person who leads, administers or is a member of a political party which is maintained or reconstituted during its suspension or following its dissolution. The Committee requests the Government to provide information on the application of these provisions in practice, with a copy of any judicial decision imposing a penalty of imprisonment under section 19.

The Committee notes the information provided by the Government in its report on the application of Convention No. 29 on forced labour to the effect that, in general, prisoners do not work in Djibouti. It notes sections 23 and 24 of Act No. 144/AN/80 of 16 September 1980, issuing the Prison Code, the provisions of which do not explicitly indicate whether prison labour is or is not compulsory. The Committee requests the Government to indicate the measures which have been taken to ensure that the application of section 19 of the Act of 15 September 1992 does not have the consequence of the imposition of compulsory prison labour on persons sentenced to a penalty of imprisonment under this section. The Committee also notes that the Prison Code includes provisions envisaging a more favourable special status for political detainees (sections 42 and 43). The Committee requests the Government to indicate whether this status includes special more favourable provisions in relation to prison labour.

2. Article 1(c). In its previous comments, the Committee requested the Government to provide copies of the implementing texts issued under sections 104 and 109 of Act No. 212/AN/82 issuing the Shipping Code. It notes that the Government attached to its report a copy of the above Code, which was already available to the Office. The Committee is therefore bound to reiterate the hope that the Government will provide copies of the instruments requested with its next report.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. Article 1(a) of the Convention. The Committee notes the provisions of Act No. 1/AN/92/2eL of 15 September 1992 with respect to political parties. It notes that, by virtue of section 19 of the Act, any person who, in violation of this Act, establishes, leads or administers a party in whatsoever form or under whatsoever denomination is liable to a penalty of imprisonment of from 6 to 12 months and a fine of from 1 to 5 million Djibouti francs, or either of these penalties. Under the same section, a penalty of from one to five years of imprisonment and a fine of from 2 million to 10 million Djibouti francs is envisaged against any person who leads, administers or is a member of a political party which is maintained or reconstituted during its suspension or following its dissolution. The Committee requests the Government to provide information on the application of these provisions in practice, with a copy of any judicial decision imposing a penalty of imprisonment under section 19.

The Committee notes the information provided by the Government in its report on the application of Convention No. 29 on forced labour to the effect that, in general, prisoners do not work in Djibouti. It notes sections 23 and 24 of Act No. 144/AN/80 of 16 September 1980, issuing the Prison Code, the provisions of which do not explicitly indicate whether prison labour is or is not compulsory. The Committee requests the Government to indicate the measures which have been taken to ensure that the application of section 19 of the Act of 15 September 1992 does not have the consequence of the imposition of compulsory prison labour on persons sentenced to a penalty of imprisonment under this section. The Committee also notes that the Prison Code includes provisions envisaging a more favourable special status for political detainees (sections 42 and 43). The Committee requests the Government to indicate whether this status includes special more favourable provisions in relation to prison labour.

2. Article 1(c). In its previous comments, the Committee requested the Government to provide copies of the implementing texts issued under sections 104 and 109 of Act No. 212/AN/82 issuing the Shipping Code. It notes that the Government attached to its report a copy of the above Code, which was already available to the Office. The Committee is therefore bound to reiterate the hope that the Government will provide copies of the instruments requested with its next report.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 1(a) of the Convention. In its earlier comments, the Committee noted that under section 7 of Act No. 199 of 24 October 1981 relating to national mobilization all activity was prohibited for political parties, subject to the threat of the penalties established for the violation of state security. The Committee requested the Government to indicate whether Act No. 199 of 1981 was still applicable or, if not, to provide copies of the texts repealing it together with a copy of the law governing political parties following the adoption of the new Constitution of 1982.

The Committee noted with interest the information provided by the Government in its 1995 report, according to which Act No. 199 of 24 October 1981 is no longer applicable in the Republic of Djibouti. It requests the Government to provide a copy of the text repealing Act No. 199 and of the text governing political parties.

2. Article 1(c). The Committee requested the Government to provide copies of the implementing regulations of sections 104 and 109 of Act No. 212/AN/82 to issue the Shipping Code. It observed that the Government's 1995 report did not contain the information requested. The Committee again expresses the hope that with its next report the Government will provide copies of the relevant instruments.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(a) of the Convention. In its earlier comments, the Committee noted that under section 7 of Act No. 199 of 24 October 1981 relating to national mobilization all activity was prohibited for political parties, subject to the threat of the penalties established for the violation of state security. The Committee requested the Government to indicate whether Act No. 199 of 1981 was still applicable or, if not, to provide copies of the texts repealing it together with a copy of the law governing political parties following the adoption of the new Constitution of 1982.

The Committee noted with interest the information provided by the Government in its 1995 report, according to which Act No. 199 of 24 October 1981 is no longer applicable in the Republic of Djibouti. It requests the Government to provide a copy of the text repealing Act No. 199 and of the text governing political parties.

2. Article 1(c). The Committee requested the Government to provide copies of the implementing regulations of sections 104 and 109 of Act No. 212/AN/82 to issue the Shipping Code. It observed that the Government's 1995 report did not contain the information requested. The Committee again expresses the hope that with its next report the Government will provide copies of the relevant instruments.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Article 1(a) of the Convention. In its previous comments, the Committee noted that under section 7 of Act No. 199 of 24 October 1981 relating to national mobilization all activity was prohibited for political parties, subject to the threat of the penalties established for the violation of state security. The Committee requested the Government to indicate whether Act No. 199 of 1981 was still applicable or, if not, to provide copies of the texts repealing it together with a copy of the law governing political parties following the adoption of the new Constitution of 1982.

The Committee notes with interest the information provided by the Government in its last report, according to which Act No. 199 of 24 October 1981 is no longer applicable in the Republic of Djibouti. It requests the Government to provide a copy of the text repealing Act No. 199 and of the text governing political parties.

2. Article 1(c). The Committee requested the Government to provide copies of the implementing regulations of sections 104 and 109 of Act No. 212/AN/82 to issue the Shipping Code. It observes that the Government's latest report did not contain the information requested. The Committee again expresses the hope that with its next report the Government will provide copies of the relevant instruments.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that a new Constitution was approved by referendum on 4 September 1992 and that elections for Parliament were held on 18 December 1992 in the two political parties competing. The Committee also recalls its comments on different provisions in contradiction with the Convention. Noting that the Government's report contains no reply to these comments, the Committee hopes that the Government will provide full information on the following matters:

1. Article 1(a) of the Convention. The Committee noted that under section 7 of Act No. 199 of 24 October 1981 respecting national mobilization, all activity was prohibited to political parties under the penalties laid down for endangering the security of the State. The Committee requests the Government to supply a copy of the Act governing political parties following the adoption of the new Constitution. The Committee also requests the Government to indicate whether Act No. 199 of 1981 remains applicable and, if not, to provide a copy of the repealing provisions.

2. Article 1(c). The Committee noted previously that the regulations to give effect to sections 104 and 109 of Act No. 212/AN/82 to issue the Shipping Code have not yet been adopted. It requests the Government to supply copies of these regulations as soon as they are adopted.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report contains no reply to its previous direct request. The Committee hopes that the Government's next report will contain full information on the following matters raised previously.

1. Article 1(a) of the Convention. The Committee noted Act No. 199 of 24 October 1981 respecting national mobilisation, which was supplied by the Government with its report for the period ending 30 June 1986. It noted that by virtue of section 7 of this Act the political parties have been dissolved and all activity prohibited to them subject to the penalties laid down for endangering the security of the State. The Committee asks the Government to furnish full information on the application of this provision, particularly in respect of the sentences pronounced.

2. Article 1(b). With reference to section 3 of the above-mentioned Act No. 199, the Committee noted that the Government can order the requisitioning of persons and their allocation to duties and jobs in any place assigned to them. The Committee asks the Government to supply full information on the application of this provision, including a copy of any requisitioning orders that may be adopted.

3. Article 1(c). The Committee noted from the above-mentioned report of the Government that the regulations to give effect to sections 104 and 109 of Act No. 212/AN/82, to issue the Shipping Code have not yet been adopted. It requests the Government to communicate these regulations as soon as they are adopted.