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

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In its previous comments, the Committee noted the observations of the General Union of Djibouti Workers (UGTD) and the Labour Union of Djibouti (UDT), received on 4 May 2021. Despite its request in this regard, the Committee has not received the Government’s comments concerning the observations of the social partners. It therefore reiterates its request to the Government to provide its comments on the observations made jointly by the UGTD and UDT.

Articles 1 and 3(1) of the Convention. Participation of representative organizations. The Government once again reiterates that two draft texts, prepared in 2013, are in the process of being adopted. The first text is a draft decree establishing the definition of the different forms of trade union organizations and the criteria for representativeness. The second text is a draft order setting out the terms for the organization of occupational national elections. The Government recalls that these texts, established in consultation with the social partners, were referred in 2014 to the National Council for Labour, Employment and Social Security (CONTESS), which did not adopt them. CONTESS subsequently assigned the examination of the drafts to a standing tripartite committee but no consensus was reached. The Government indicates that, to break this stalemate, the Department of labour, employment and social security (DLESS) met with the Office in the margins of the International Labour Conference in June 2019. Following this meeting, the Office prepared a memorandum of technical comments on the draft decree. The Office recommended that the memorandum be communicated to the workers’ and employers’ organizations, within the framework of the revision process of the draft decree. The Government does not provide any information in this regard but once again states that it will inform the Office as soon as possible of any developments in the adoption of the above-mentioned draft decree and draft order. In the meantime, the Government indicates that it is sending written invitations to the “recognized” occupational organizations to freely designate their representatives but does not attach to its report a copy of this invitation or provide more detailed information on its application. The Government adds that there are two workers’ trade union confederations (the UGTD and UDT) and that the employers’ organizations (the National Confederation of Employers of Djibouti (CNED) and the Federation of Employers of Djibouti (FED)) merged on 26 December 2015 to form a single organization, the CNED. In this regard, the Government provides the records of a CNED general meeting held on 22 December 2015, showing that the CNED was in favour of a single employers’ union. The document does not refer, however, to a decision by the FED in this regard or to a merger with the FED. The Government states that it provided copies of its report to the following representative workers’ and employers’ organizations: the CNED, UDT and UGTD. With regard to the observations of the social partners, the Committee notes that the UGTD and UDT report Government interference in trade union affairs, as well as threats, arbitrary detention, unfair dismissals and punitive transfers of trade unionists. Further to its previous comment, the Committee notes with concern that the objective criteria for designating the most representative organizations and the procedures guaranteeing the free choice of their representatives in tripartite bodies has yet to be determined. As this is a situation that has persisted for many years, despite the technical assistance of the Office, the Committee urges the Government to adopt, as soon as possible and following effective consultation with the employers’ and workers’ organizations, the texts establishing the objective criteria for representativeness of these organizations, as well as the procedures guaranteeing the free choice of their representatives. The Committee requests the Government to provide detailed and up-to-date information on the measures taken to this end. In addition, regarding the merger between the CNED and FED, the Committee requests the Government to provide any decisions of the FED general meeting in this respect. If not available, the Committee requests the Government to provide information on any particular issues in the country that would explain why it did not provide its latest report to the FED. With regard to the observations of the UGTD and UDT, alleging Government interference in trade union affairs, as well as threats, arbitrary detention, unfair dismissals and punitive transfers of their representatives, the Committee refers to its comments on the application by Djibouti of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Articles 2 and 5. Tripartite consultations. Frequency and effectiveness of tripartite consultations. The Government indicates that CONTESS held tripartite consultations on the following dates: 27–28 November 2017, 14 January 2019, 27–28 October 2019 and 21 September 2020. The Government does not provide the records of these meetings, even though the Committee requested a copy in its previous comments. The Government provides details of the meeting agendas, which included discussion of draft texts on labour law, the adoption of an inter-occupational collective agreement and the ratification of ILO Conventions. In this respect, the Committee notes the adoption of the Bills ratifying the Instrument for the Amendment of the Constitution of the ILO, 1986, and the Maternity Protection Convention, 2000 (No. 183). With regard to the observations of the social partners, the Committee notes that the UGTD and UDT report that there are “clones” of the representative organizations that, notably, adopted the new Labour Code in 2006. They also allege that CONTESS is a fictional council, in which only “union alibis” are involved, which support the Government’s proposals. The UGTD and UDT add that CONTESS meets only rarely – once or twice every two years. They state that CONTESS “disappeared” for over ten years and “has recently been resuscitated in order to deceive the Office”. The Committee reminds the Government that, in accordance with Article 5(2) of the Convention, tripartite consultations must be undertaken at appropriate intervals fixed by agreement with the workers’ and employers’ representatives, but at least once a year. The Committee requests the Government to continue to provide detailed information on the frequency, content and outcome of the tripartite consultations held on each of the matters referred to in Article 5(1) of the Convention. It also reiterates its request to the Government to send copies of the records of CONTESS meetings. If it does not appear in the records, it requests the Government to provide detailed information on the composition of CONTESS. The Committee notes, with concern, the allegations of the UGTD and UDT concerning cloning of the representative organizations and the presence of “trade union alibis” in CONTESS. The Committee requests the Government to provide detailed information on how it ensures, in accordance with Article 2(1) of the Convention, effective consultations between the representatives of the employers and workers on all the matters referred to in Article 5(1) of the Convention. In particular, the Committee requests the Government to report the measures taken to avoid any identity theft of the representative organizations and their representatives during tripartite consultations.

Article 4. Training. The Government refers to the existence of a programme to strengthen social dialogue, as well as to several employment measures, especially for young people but does not, however, respond to the Committee’s request for updated information on the financing of the necessary training of participants in consultative procedures. With respect to the social partners, the Committee notes that the UGTD and UDT noted that the Government does not organize or finance any worthwhile training and prohibited training set up with the help of outside trade unions. The UGTD and UDT also report that it was impossible to attend any training sessions organized by the Office. The Committee reiterates its request to the Government to provide information on the appropriate arrangements made for the financing of any necessary training of participants in consultation procedures, in accordance with the Convention.

Technical assistance. The Committee notes the Government’s request to benefit from the assistance of the Office in the implementation of its programme to strengthen social dialogue. While hoping to be able to note progress in the area of tripartite consultation in the country shortly, the Committee confirms that the technical assistance of the Office remains available to the tripartite constituents, while underscoring that this assistance is defined by social dialogue.

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

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.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

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 hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

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 hopes that the Government will make every effort to take the necessary action in the near future.

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

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.

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

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.]

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 3(1) of the Convention. Participation of representative organizations. The Committee notes the Government’s report received in May 2013 in reply to the comments made between 2008 and 2012. The Government indicates in its report that section 215 of the Labour Code is the legal framework governing trade union representativeness, providing 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”. The Government adds that in order to fill the current institutional void, a draft order is in preparation, that the criteria to determine the representativeness of employers’ and workers’ organizations is still to be determined in this context, and that the draft will shortly be submitted to the National Council on Labour, Employment and Social Security. Moreover, the Government indicates that the General Union of Djibouti Workers (UGTD) organized a representational election on 8 August 2009 in the presence of observers from several international trade union organizations, whereas the Labour Union of Djibouti (UDT) has not yet organized such an election to legitimize its leader, and that it urges the UDT to do so promptly to avoid the risk of being excluded from all national and international tripartite bodies. As regards the employers, the Government indicates that the Federation of Employers of Djibouti (FED) and the National Confederation of Employers of Djibouti (CNED) represent employers on all tripartite bodies and that their leaders are up to date with their terms of office. Referring again to issues concerning freedom of association examined by the Committee on Freedom of Association and to its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee 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 also hopes that the abovementioned order will be adopted by the Government following consultations with the employers’ and workers’ organizations and that it will establish objective and transparent criteria for appointing workers’ representatives in national and international tripartite bodies, including the International Labour Conference.

Financing of training. Recalling its previous comments, the Committee again invites the Government to describe in its next report the appropriate arrangements made for the financing of any necessary training of participants in consultation procedures (Article 4(2)).

Tripartite consultations required by the Convention. Frequency of tripartite consultations. In reply to the Committee’s previous comments, the Government indicates that the National Council for Labour, Employment and Vocational Training (CTEFP) has been replaced by the National Council for Labour, Employment and Social Security (CONTESS), established on 30 December 2012. The Government further indicates that the consultations on international labour standards, referred to in Article 5(1) of the Convention, will be held at a later date because CONTESS has a heavy workload. The Committee recalls that the consultations specified in Article 5(1) of the Convention are to be undertaken at appropriate intervals fixed by agreement, but at least once a year (Article 5(2)). The Committee invites the Government to provide in its next report detailed information on the consultations held on each of the matters listed in Article 5(1) of the Convention, indicating the content of the recommendations made by the social partners as a result of the consultations. It invites the Government to respect the frequency of the tripartite consultations required by Article 5(2) of the Convention prescribing appropriate intervals fixed by agreement, but at least once a year.

Article 5(1)(b). Tripartite consultations prior to submission to the National Assembly. The Committee refers to its observations on the constitutional obligation to submit instruments, in which it expresses deep concern at Djibouti’s failure to submit 65 instruments adopted by the Conference between 1980 and 2012. It requests the Government to provide information on effective consultations held with the social partners on the proposals made to the National Assembly upon the submission of instruments adopted by the Conference.

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

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1 and 3(1) of the Convention. Participation of representative organizations. The Committee notes the Government’s report received in May 2013 in reply to the comments made between 2008 and 2012. The Government indicates in its report that section 215 of the Labour Code is the legal framework governing trade union representativeness, providing 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”. The Government adds that in order to fill the current institutional void, a draft order is in preparation, that the criteria to determine the representativeness of employers’ and workers’ organizations is still to be determined in this context, and that the draft will shortly be submitted to the National Council on Labour, Employment and Social Security. Moreover, the Government indicates that the General Union of Djibouti Workers (UGTD) organized a representational election on 8 August 2009 in the presence of observers from several international trade union organizations, whereas the Labour Union of Djibouti (UDT) has not yet organized such an election to legitimize its leader, and that it urges the UDT to do so promptly to avoid the risk of being excluded from all national and international tripartite bodies. As regards the employers, the Government indicates that the Federation of Employers of Djibouti (FED) and the National Confederation of Employers of Djibouti (CNED) represent employers on all tripartite bodies and that their leaders are up to date with their terms of office. Referring again to issues concerning freedom of association examined by the Committee on Freedom of Association and to its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee 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 also hopes that the abovementioned order will be adopted by the Government following consultations with the employers’ and workers’ organizations and that it will establish objective and transparent criteria for appointing workers’ representatives in national and international tripartite bodies, including the International Labour Conference.

Financing of training. Recalling its previous comments, the Committee again invites the Government to describe in its next report the appropriate arrangements made for the financing of any necessary training of participants in consultation procedures (Article 4(2)).

Tripartite consultations required by the Convention. Frequency of tripartite consultations. In reply to the Committee’s previous comments, the Government indicates that the National Council for Labour, Employment and Vocational Training (CTEFP) has been replaced by the National Council for Labour, Employment and Social Security (CONTESS), established on 30 December 2012. The Government further indicates that the consultations on international labour standards, referred to in Article 5(1) of the Convention, will be held at a later date because CONTESS has a heavy workload. The Committee recalls that the consultations specified in Article 5(1) of the Convention are to be undertaken at appropriate intervals fixed by agreement, but at least once a year (Article 5(2)). The Committee invites the Government to provide in its next report detailed information on the consultations held on each of the matters listed in Article 5(1) of the Convention, indicating the content of the recommendations made by the social partners as a result of the consultations. It invites the Government to respect the frequency of the tripartite consultations required by Article 5(2) of the Convention prescribing appropriate intervals fixed by agreement, but at least once a year.

Article 5(1)(b). Tripartite consultations prior to submission to the National Assembly. The Committee refers to its observations on the constitutional obligation to submit instruments, in which it expresses deep concern at Djibouti’s failure to submit 65 instruments adopted by the Conference between 1980 and 2012. It requests the Government to provide information on effective consultations held with the social partners on the proposals made to the National Assembly upon the submission of instruments adopted by the Conference.

[The Government is asked to reply in detail to the present comments in 2015.]

Observation (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 2008 direct request, which read as follows:

Repetition

Articles 1 and 3(1) of the Convention. Participation of representative organizations. The Committee notes that, under section 215 of the Labour Code, the representative nature of trade union organizations shall be determined by the result of professional elections. Referring to the issues concerning freedom of association dealt with by the Committee on Freedom of Association, as well as its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee requests the Government to specify the manner in which the representatives of employers and workers were chosen, enabling them to freely undertake the tripartite consultations required by Convention No. 144.

Article 4(2). Financing of training. The Committee noted that two tripartite workshops have been organized. The Committee hopes that the Government will be able to indicate in its next report the arrangements made for the financing of the necessary training of participants in the consultative procedures.

Article 5(1)(c) and (e). Tripartite consultations required by the Convention. The Government indicates that, in accordance with section 3 of Decree No. 2008-0023/PR/MESN of 20 January 2008 regulating the organization and operation of the National Council for Labour, Employment and Vocational Training, the Council may give technical and legal advice on the proper implementation or possible denunciation of the international labour Conventions to which Djibouti is a party. In this regard, the Committee requests the Government to provide information on the consultations held in the National Council for Labour, Employment and Vocational Training on each of the matters relating to international labour standards referred to in Article 5(1) of the Convention. Please also indicate whether tripartite consultations have been held on the ratification of the Workers’ Representatives Convention, 1971 (No. 135), Termination of Employment Convention, 1982 (No. 158), and the Private Employment Agencies Convention, 1997 (No. 181).

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

Observation (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 2008 direct request, which read as follows:

Repetition

Articles 1 and 3(1) of the Convention. Participation of representative organizations. The Committee notes the Government’s first report on the application of the Convention received in May 2008. It notes in particular that, under section 215 of the Labour Code, the representative nature of trade union organizations shall be determined by the result of professional elections. According to the Government, the first professional elections are due to be held in 2008. Referring to the issues concerning freedom of association dealt with by the Committee on Freedom of Association, as well as its comments on the application of Convention No. 87, the Committee requests the Government to specify the manner in which the representatives of employers and workers were chosen, enabling them to freely undertake the tripartite consultations required by Convention No. 144.

Article 4(2). Financing of training. The Committee noted that two tripartite workshops have been organized, one with the assistance of the ILO in March 2008 and the other in cooperation with the Arab Centre for Labour Administration and Employment in November 2007. The Committee hopes that the Government will be able to indicate in its next report the arrangements made for the financing of the necessary training of participants in the consultative procedures.

Article 5(1)(c) and (e). Tripartite consultations required by the Convention. The Government indicates that, in accordance with section 3 of Decree No. 2008-0023/PR/MESN of 20 January 2008 regulating the organization and operation of the National Council for Labour, Employment and Vocational Training, the Council may give technical and legal advice on the proper implementation or possible denunciation of the international labour conventions to which Djibouti is a party. In the annex to the report, the Government has forwarded the recommendations made by the participants in the tripartite workshop held in March 2008. The recommendations show in particular that the Government was encouraged to ratify Conventions Nos 135 and 158. Furthermore, in its comments on Convention No. 96, the Committee of Experts invited the Government and the social partners to consider ratifying Convention No. 181. In this regard, the Committee requests the Government to provide information on the consultations held in the National Council for Labour, Employment and Vocational Training on each of the matters relating to international labour standards referred to in Article 5(1) of the Convention. Please also indicate whether tripartite consultations have been held on the ratification of Conventions Nos 135, 158 and 181.

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

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

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 2008 direct request, which read as follows:

Article 1 and Article 3(1) of the Convention. Participation of representative organizations. The Committee notes the Government’s first report on the application of the Convention received in May 2008. It notes in particular that, under section 215 of the Labour Code, the representative nature of trade union organizations shall be determined by the result of professional elections. According to the Government, the first professional elections are due to be held in 2008. Referring to the outstanding issues concerning freedom of association dealt with by the Committee on Freedom of Association, as well as its comments on the application of Convention No. 87, the Committee requests the Government to specify the manner in which the representatives of employers and workers were chosen, enabling them to freely undertake the tripartite consultations required by Convention No. 144.

Article 4(2). Financing of training. The Committee notes that two tripartite workshops have been organized, one with the assistance of the ILO in March 2008 and the other in cooperation with the Arab Centre for Labour Administration and Employment in November 2007. The Committee hopes that the Government will be able to indicate in its next report the arrangements made for the financing of the necessary training of participants in the consultative procedures.

Article 5(1)(c) and (e). Tripartite consultations required by the Convention. The Government indicates that, in accordance with section 3 of Decree No. 2008-0023/PR/MESN of 20 January 2008 regulating the organization and operation of the National Council for Labour, Employment and Vocational Training, the Council may give technical and legal advice on the proper implementation or possible denunciation of the international labour conventions to which Djibouti is a party. In the annex to the report, the Government has forwarded the recommendations made by the participants in the tripartite workshop held in March 2008. The recommendations show in particular that the Government was encouraged to ratify Conventions Nos 135 and 158. Furthermore, in its comments on Convention No. 96, the Committee of Experts invited the Government and the social partners to consider ratifying Convention No. 181. In this regard, the Committee requests the Government to provide information on the discussions which have been held in the National Council for Labour, Employment and Vocational Training on each of the matters relating to international labour standards referred to in Article 5(1) of the Convention. Please also indicate whether tripartite consultations have been held on the ratification of Conventions Nos 135, 158 and 181.

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

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 2008 direct request, which read as follows:

Articles 1 and 3, paragraph 1, of the Convention. Participation of representative organizations. The Committee notes the Government’s first report on the application of the Convention received in May 2008. It notes in particular that, under section 215 of the Labour Code, the representative nature of trade union organizations shall be determined by the result of professional elections. According to the Government, the first professional elections are due to be held in 2008. Referring to the outstanding issues concerning freedom of association dealt with by the Committee on Freedom of Association, as well as its comments on the application of Convention No. 87, the Committee requests the Government to specify the manner in which the representatives of employers and workers were chosen, enabling them to freely undertake the tripartite consultations required by Convention No. 144.

Article 4, paragraph 2. Financing of training. The Committee notes that two tripartite workshops have been organized, one with the assistance of the ILO in March 2008 and the other in cooperation with the Arab Centre for Labour Administration and Employment in November 2007. The Committee hopes that the Government will be able to indicate in its next report the arrangements made for the financing of the necessary training of participants in the consultative procedures.

Article 5, paragraph 1(c) and (e). Tripartite consultations required by the Convention. The Government indicates that, in accordance with section 3 of Decree No. 2008-0023/PR/MESN of 20 January 2008 regulating the organization and operation of the National Council for Labour, Employment and Vocational Training, the Council may give technical and legal advice on the proper implementation or possible denunciation of the international labour conventions to which Djibouti is a party. In the annex to the report, the Government has forwarded the recommendations made by the participants in the tripartite workshop held in March 2008. The recommendations show in particular that the Government was encouraged to ratify Conventions Nos 135 and 158. Furthermore, in its comments on Convention No. 96, the Committee of Experts invited the Government and the social partners to consider ratifying Convention No. 181. In this regard, the Committee requests the Government to provide information on the discussions which have been held in the National Council for Labour, Employment and Vocational Training on each of the matters relating to international labour standards referred to in Article 5(1) of the Convention. Please also indicate whether tripartite consultations have been held on the ratification of Conventions Nos 135, 158 and 181.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 3, paragraph 1, of the Convention. Participation of representative organizations. The Committee notes the Government’s first report on the application of the Convention received in May 2008. It notes in particular that, under section 215 of the Labour Code, the representative nature of trade union organizations shall be determined by the result of professional elections. According to the Government, the first professional elections are due to be held in 2008. Referring to the outstanding issues concerning freedom of association dealt with by the Committee on Freedom of Association, as well as its comments on the application of Convention No. 87, the Committee requests the Government to specify the manner in which the representatives of employers and workers were chosen, enabling them to freely undertake the tripartite consultations required by Convention No. 144.

Article 4, paragraph 2. Financing of training. The Committee notes that two tripartite workshops have been organized, one with the assistance of the ILO in March 2008 and the other in cooperation with the Arab Centre for Labour Administration and Employment in November 2007. The Committee hopes that the Government will be able to indicate in its next report the arrangements made for the financing of the necessary training of participants in the consultative procedures.

Article 5, paragraph 1(c) and (e). Tripartite consultations required by the Convention. The Government indicates that, in accordance with section 3 of Decree No. 2008-0023/PR/MESN of 20 January 2008 regulating the organization and operation of the National Council for Labour, Employment and Vocational Training, the Council may give technical and legal advice on the proper implementation or possible denunciation of the international labour conventions to which Djibouti is a party. In the annex to the report, the Government has forwarded the recommendations made by the participants in the tripartite workshop held in March 2008. The recommendations show in particular that the Government was encouraged to ratify Conventions Nos 135 and 158. Furthermore, in its comments on Convention No. 96, the Committee of Experts invited the Government and the social partners to consider ratifying Convention No. 181. In this regard, the Committee requests the Government to provide information on the discussions which have been held in the National Council for Labour, Employment and Vocational Training on each of the matters relating to international labour standards referred to in Article 5, paragraph 1, of the Convention. Please also indicate whether tripartite consultations have been held on the ratification of Conventions Nos 135, 158 and 181.

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

1. The Committee notes that the Government’s first report on the application of the Convention has not been received. Nevertheless, it notes the observations of the General Union of Djibouti Workers (UGTD), received in August 2007 and forwarded to the Government in September 2007. The UGTD states that the Government favours a policy of cooperation and consultation which allows for discussion on a wide range of subjects directly affecting labour relations and the world of work as a whole. Cooperation and consultation are not limited to international labour standards but extend to other work-related social interests. The UGTD also states that employers’ and workers’ organizations are involved in the preparation and design of all sorts of strategies for the reform and improvement of national legislation, as social partners in their own right. The Committee invites the Government to make its own comments on the matters directly relating to the tripartite consultations covered by the Convention.

2. The Committee recalls that first reports are important as they enable it to assess the manner in which effect is given to ratified Conventions. It trusts that the Government will be able to provide a detailed first report on the application of each of the provisions of the Convention, together with all the information required by the report form.

[The Government is asked to reply in detail to the present comments in 2008.]