Comments adopted by the CEACR: Djibouti

Repetition

In order to give an overview of the issues relating to the application of ratified maritime Conventions, the Committee deems it useful to examine them in a single set of comments, as set out below.

Draft Code of Maritime Affairs. The Committee notes that in its reports on the application of ratified maritime Conventions, the Government indicates that a new Code of Maritime Affairs is being drafted and will be adopted shortly. It also notes that, according to the Government, the preparation of its reports on these Conventions is subject to the adoption of the Code. The Committee recalls that, in its previous comments, it noted that according to the Government, the situation of the maritime sector in Djibouti is characterized by the absence of a fleet and infrastructure. Expressing the hope that the Code now being developed will take due account of all its comments on the application of maritime Conventions, the Committee requests the Government to provide information on the adoption of the new legislation and on any new developments affecting the maritime sector that have an impact on the application of these Conventions.

Repatriation of Seamen Convention, 1926 (No. 23). Article 3(1). Right of seafarers to repatriation. In its previous comments, the Committee requested the Government to indicate whether the national legislation provides for the repatriation of seafarers during the term of their engagement. The Committee notes, that according to the Government, section 76 of Decree No. 92-0091/PR/MPAM of 10 August 1992 lists the cases in which seafarers are to be repatriated, not only at the end, but also in the course of their engagement, inter alia: (i) on medical grounds requiring the seafarer’s repatriation; (ii) shipwreck; (iii) where the shipowner is unable to fulfil its obligations owing to bankruptcy, sale of the ship, change of registration or other similar grounds; or (iv) when the ship is sailing towards a war zone to which the seafarer will not consent to go. The Committee requests the Government to provide a copy of the Decree.

Article 6. Supervision by the public authority. In its previous comments, the Committee noted that according to section 4 of the Code of Maritime Affairs, ships and seafarers of Djibouti in ports of call are administered by consuls of Djibouti. The Committee observes in this connection that the Government provides no information on the requirement to ensure the repatriation of all seafarers on ships registered in its territory to whom the Convention applies, without distinction as to nationality, and where necessary to give them expenses in advance. The Committee requests the Government to provide information in this regard.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55). Articles 4(2) and (3), and 5(2) and (3). Time limit applying to the shipowner’s liability – sickness insurance. In its previous comments, noting the existence of a general sickness insurance regime, the Committee requested the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled. The Committee notes that section 74 of Decree No. 92-0091/PR/MPAM provides that the shipowner shall bear the cost of assisting seafarers in the event of sickness or accident or, in case of incapacity to work, to pay their wages as long as they are on board, or one third of the basic wage from the time of landing until they recover, or for a maximum period of 16 weeks from the day of the accident or the beginning of the illness. The Committee recalls that Articles 4(2) and 5(2) of the Convention specify that this period may not be less than 16 weeks. Consequently, the Committee requests the Government to indicate how it ensures that the minimum period of 16 weeks is observed, where the shipowner is required to pay the wages of seafarers or assume the costs of assistance in the event of sickness or accident, as required by Article 4 of the Convention. Furthermore, it requests the Government to provide information on the health care and compensation to which sick or injured seafarers are entitled from the time of landing or repatriation, as required by Article 5 of the Convention.

Article 8. Measures to safeguard property left on board by sick, injured or deceased seafarers. In its previous comments, the Committee requested the Government to include in its legislation provisions to ensure the safeguarding of property left on board by sick, injured or deceased seafarers. The Committee notes that according to section 74(6) of Decree No. 92-0091/PR/MPAM, the shipowner is required to take all useful measures to safeguard the personal effects and property left on board by sick or injured seafarers. The Committee nonetheless observes that deceased seafarers are not included in this section although they are specified in Article 8 of the Convention. The Committee requests the Government to provide information on the safeguarding of property of deceased seafarers, as required by this provision of the Convention.

Sickness Insurance (Sea) Convention, 1936 (No. 56). Articles 1 and 5. Compulsory sickness insurance for seafarers. Maternity benefit. In its previous comments, the Committee requested the Government to provide information on the sickness insurance scheme in force in the country (benefits to which insured persons are entitled, means of redress available to insured persons in the event of disputes about entitlement to benefits and the financing of the sickness insurance scheme). The Committee also requested the Government to provide information on the legal provisions in force on maternity protection (amount and duration of benefits and persons covered). Noting that the Government has not replied to the points raised previously, the Committee again requests it to provide information on the measures taken or envisaged to implement these Articles of the Convention.

Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4. For many years the Committee has been noting that sections 84, 134 and 135 of the Code of Maritime Affairs need implementing regulations so that effect can be given to these Articles of the Convention, particularly as regards requirements concerning fitness for the job of ship’s cook (minimum age, minimum service at sea, approval by examination) and tests for the granting of certification. The Committee notes that, according to the Government, the seafarers’ advancement and safety and health division of the Directorate of Maritime Affairs and Seafarers is responsible, under Act No. 108/AN/10/6L of 2011, for organizing maritime occupations and applying the rules governing them, and for framing provisions to regulate the work of seafarers and monitor the implementation of such provisions. The Government also indicates that there is a catering school in Djibouti, which is a technical institution for vocational training that reports to the Ministry of Education. Noting that the Government has not replied to the points raised earlier, the Committee requests the Government to provide information on any measures taken or envisaged to implement these Articles of the Convention.

Seafarers’ Pensions Convention, 1946 (No. 71). Article 2. Pension scheme coverage for seafarers. The Committee notes the adoption of Act No. 212/AN/07/5ème L of 19 January 2008 establishing the National Social Security Fund (CNSS). The Committee requests the Government to clarify whether affiliation to the CNSS is compulsory for the owners of all ships registered in the territory of Djibouti, indicating any categories of seafarers excluded from entitlement to old-age pension benefits.

Article 3(1). Pension scheme for seafarers. The Committee notes that, under section 1 of Act No. 17/AN/08/6ème L of 11 October 2008 amending the retirement age, the age of retirement for all members of the CNSS has been raised from 55 to 60 years. Having regard to the provisions of Article 3(1) of the Convention, the Committee requests the Government to describe the impact of this age increase on the respective rates of contribution for shipowners and seafarers to the CNSS retirement pension scheme, and on the amount and replacement rate of seafarers’ retirement pensions.

Repetition

Articles 1 and 2 of the Convention. Supervision of conditions of work and the protection of workers in industrial and commercial establishments in export processing zones (EPZs). In its previous comments, the Committee noted that, with a view to remedying the lack of coherence between the provisions of the Labour Code and those of the Export Processing Zones Code with regard to the applicability of the Labour Code to industrial relations within EPZs, the Government intended to submit for its opinion the two legal texts to the National Council for Labour, Employment and Social Security (CONTESS) with a view to their amendment and clarification. In this regard, the Committee notes the Government’s indication in its report that it still intends to consult the CONTESS and have recourse to the technical assistance of the Office to ensure the full application of the Convention. The Government adds that the National Confederation of Employers of Djibouti is opposed to the special treatment of employers in EPZs and that the Federation of Employers of Djibouti is in favour of the application of the Labour Code to employers in EPZs. The Government adds that the Labour Union of Djibouti and the General Union of Djibouti Workers support the revision of the Labour Code for it to be made applicable over the whole of the national territory, including EPZs. The Committee requests the Government to continue providing information on any developments relating to the supervision of conditions of work and the protection of workers in industrial and commercial establishments in EPZs and, where appropriate, to provide a copy of any legislation that is revised or adopted in this regard. Noting the absence of information from the Government concerning the competent authority for the inspection of enterprises operating in EPZs, the Committee once again requests the Government to indicate whether the ports and EPZ authorities are still responsible for their supervision or, if not, to indicate the body responsible for such inspections and to provide information on its activities in practice.

Article 3(2). Impact of additional duties on the discharge of labour inspection functions. The Committee notes the Government’s indication, in reply to its previous request, that the labour inspection services are still experiencing difficulty in discharging their primary duties, including the supervision of the application of legal provisions relating to the improvement of conditions of work and the protection of workers. The activities report of the labour inspectorate for 2014 indicates that 2,133 complaints or requests for the amicable resolution of disputes were received that year, of which 1,386 resulted in conciliation, although a low number of enterprises (32) were inspected by labour inspectors. Recalling that the Committee had previously noted that the inadequacy of the human resources prevented labour inspectors from discharging all the functions of the inspectorate, the Committee once again requests the Government to take the necessary measures to ensure that, in accordance with Article 3(2), the duties other than their primary duties entrusted to inspectors do not interfere with the discharge of the latter, and to provide information on any progress achieved in this regard.

Article 4. Restructuring of the labour inspection system. Further to its previous comments, the Committee notes the adoption of Act No. 107/AN/10/6th of February 2011 on the organization of the Ministry of Employment, Integration and Vocational Training, which raises the labour inspection services to a full department. The Government indicates that, in accordance with section 25 of the Act, a draft Decree on the organization of the labour inspection services and governing the functions of labour inspectors and controllers (assistant inspectors) has been prepared with the technical assistance of the Arab Labour Organization, but that it has not yet been referred to the CONTESS. The Committee requests the Government to continue providing information on the adoption of the Decree and to provide a copy once it has been adopted.

Article 7(3). Training of inspectors. The Committee notes that, in reply to its previous request concerning the training programmes in which labour inspectors participate, the Government indicates that a training course for labour inspectors was organized in 2014 by national experts from the National Institute of Public Administration and that training on international labour standards was provided by the ILO in January 2016. The Committee notes that, according to the activities report for 2014: (i) although the specific conditions of service of public officials provide that training shall be followed at the Regional Labour Administration Centre for qualification as a labour inspector or controller, only two inspectors benefited from this training in 2014; and (ii) the team responsible for the supervision of enterprises has not benefited from training on inspections of enterprises and in relation to occupational safety and health, and the labour inspection service does not have a guide covering inspection procedures. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that all labour inspectors receive appropriate training for the discharge of their duties, including training in occupational safety and health. In this regard, the Committee requests the Government to continue providing detailed information on the training provided to inspectors.

Articles 10, 11 and 16. Reinforcement of the material resources of the labour inspection system. The Committee notes that, in reply to its previous request, the Government indicates that all material resources are available to labour inspectors, including means of transport. However, the Committee notes that, according to the activities report for 2014: (i) vehicles have been allocated by the Ministry of Labour, but their use is limited due to the lack of resources for fuel; and (ii) a documentation and archives room has been equipped, but does not yet have the necessary personnel to create a website for the inspection services or for the maintenance of computers, printers and photocopiers. The Committee requests the Government to provide information on the measures adopted or envisaged to reinforce the material resources of the labour inspection system and to provide information on this subject.

Articles 20 and 21. Publication, communication and content of the annual inspection report. The Committee noted previously that, since the ratification of the Convention in 1987, the Government has never communicated to the Office an annual report, as required by Articles 20 and 21. In this regard, the Committee notes with interest the communication of the activities report for 2014, which contains information on the activities undertaken in 2014, particularly in the field of conciliation and supervision of the application of the legislation, as well as on the difficulties encountered and prospects for 2015. The Committee hopes that in future the Government will ensure that an annual report on the activities of the labour inspection services is communicated to the ILO and contains information on the laws and regulations relevant to the work of the inspection service (Article 21(a)); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of violations and penalties imposed (Article 21(e)); statistics of industrial accidents (Article 21(f)); and statistics of occupational diseases (Article 21(g)).

The Committee recalls that the Government can avail itself of the technical assistance of the Office concerning the issues raised in the application of the above Convention.

Repetition

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. Minimum age. The Committee previously recalled that the Convention does not authorize any distinction on grounds of age and requested the Government to take the necessary measures to amend section 212 of the Labour Code in order to ensure that minors who have reached the legal minimum age for access to the labour market (16 years, under section 5 of the Labour Code) can exercise their trade union rights without the need for prior authorization from a parent or guardian. Noting the Government’s indication that the requested amendment was submitted to the National Council for Labour, Employment and Social Security (CONTESS) in November 2016 and approved, the Committee expects that the Government will be in a position to indicate in its next report the amendment of section 212 of the Labour Code.

Article 3. Right of workers’ organizations to freely organize their activities and formulate their programmes. The Committee had previously requested the Government to indicate whether a strike called following opposition to an arbitration award (under section 183 of the Labour Code) is considered lawful within the meaning of section 190 of the Labour Code. In its reply, the Government indicates that a strike is only lawful when the complainant party has exhausted all remedies under section 187(2) of the Labour Code. The Committee recalls in this respect that prior conciliation and voluntary arbitration procedures in collective disputes before a strike may be called should have the sole purpose of facilitating bargaining and should not be so complex or slow that a lawful strike becomes impossible in practice or loses its effectiveness (see the 2012 General Survey on the fundamental Conventions, paragraph 144). The situation can also be problematic when the legislation does not set any time limit for the exhaustion of prior procedures. Consequently, the Committee requests the Government to include the issue of determining a time limit for the exhaustion of prior remedies before a strike may be called in the ongoing revision of the Labour Code and expects the Government to provide information on the consultations held and the measures taken or envisaged in this respect.

Repetition

Articles 1 and 3 of the Convention. Contribution of the employment service to employment promotion. In its previous comments, the Committee invited the Government to provide information on the measures taken by the National Employment, Training and Vocational Integration Agency (ANEFIP) to achieve the best possible organization of the labour market and to adapt its network of services to the needs of the economy and the economically active population, and to provide information on the progress achieved in placing persons with disabilities and young persons in employment. In this regard, the Committee notes the high unemployment rate in the country, which was 59.5 per cent in 2014, and which primarily affects young persons under 30 years of age (who account for 60.5 per cent of all unemployed). The Government indicates in its report that, on 21 September 2015, the ANEFIP issued a Decree establishing the Employment and Skills Observatory (ONEQ). The role of the ONEQ is to develop a database on employment and a register of private formal sector enterprises, undertake surveys of the needs of productive enterprises in the private sector and of the informal economy, compile statistics on active and unemployed persons and establish a national mechanism to monitor the entry of young persons into active life. With regard to the progress achieved in the vocational integration of young persons, the Government indicates that the National Vocational Integration and Adaptation Programme has been developed with the objective of training young persons who arrive early on the labour market without any qualifications. With reference to persons with disabilities, the Government indicates that the Labour Code has prohibited discrimination against persons with disabilities in employment since 2006 and that fiscal incentives have been introduced for employers who employ persons with disabilities. The Government adds that a draft Decree on incentives for the recruitment of workers with disabilities through the introduction of a quota based on the number of personnel in the enterprise has been submitted to the National Labour Employment and Social Security Council (CONTESS) in April 2016. With reference to statistics on the activities of the public employment service, according to the table in the ANEFIP report provided by the Government, the number of jobseekers registered with the ANEFIP in 2014 was 4,879, of whom 586 were placed in employment, or 12 per cent. The Committee notes that 269 of the persons placed in employment, or 46 per cent, were regularized. According to the National Employment Policy 2014–24 paper provided by the Government, regularized vacancies are job offers obtained by registered jobseekers without going through the ANEFIP. The report indicates that the difference between the number of new jobseekers and placements is very high, despite a rise in the number of placements between 2011 and 2014. The Government adds that the ANEFIP is planning to extend its action in the various regions of the country. The Committee requests the Government to provide information, including statistical data, on the impact of the National Vocational Integration and Adaptation Programme, and on the progress made with the draft Decree on the vocational integration of persons with disabilities, which was submitted to the CONTESS in April 2016. The Committee also requests the Government to continue providing updated information on the number and location of public employment offices, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices. In addition, the Committee requests the Government to provide information on the activities of the ONEQ, including the findings of its surveys on the needs of productive private sector enterprises and on the informal economy, and the statistics compiled on the active population, disaggregated by sex and age, where possible.

Articles 4 and 5. Participation of the social partners. In its previous comments, the Committee invited the Government to provide information on the activities of the advisory council and on the progress made in the formulation of the employment services policy. The Government’s report does not contain information on this subject. The Committee therefore once again requests the Government to provide information on the activities of the advisory council concerning the organization and operation of the employment service and on the progress made in formulating the employment service policy.

Repetition

Article 2 of the Convention. Inclusion of labour clauses in public contracts. In its previous comment, the Committee asked the Government to take prompt steps to ensure the effective implementation of the Convention. The Committee notes once again that clause 9.1 of the General Administrative Terms and Conditions applicable to public procurement, adopted by Decree No. 2010 0084/PRE of 8 May 2010, and the exclusion provided for in section 13.1.1 of the Public Procurement Code are insufficient to give effect to the key requirements of the Convention. Article 2 of the Convention provides for the inclusion of labour clauses in all public contracts covered by the scope of Article 1 – drawn up after consultation of the employers’ and workers’ organizations – ensuring to the workers concerned conditions of remuneration and other conditions of labour which are not less favourable than those established by national laws or regulations, collective agreements or arbitration awards for work of the same character in the same sector. In its 2008 General Survey concerning labour clauses in public contracts, paragraph 45, the Committee observed that the essential purpose of the Convention is to ensure that workers employed under public contracts shall enjoy the same conditions as workers whose conditions of employment are fixed not only by national legislation but also by collective agreements or arbitration awards, and that in many cases the provisions of the national legislation respecting wages, hours of work and other conditions of employment provide merely for minimum standards which may be exceeded by collective agreements. The Committee therefore feels that the mere fact of the national legislation being applicable to all workers does not release the States which have ratified the Convention from the obligation to take the necessary steps to ensure that public contracts contain the labour clauses specified in Article 2 of the Convention. The Committee therefore considers that the mere fact that the legislation applies to all workers does not release the government concerned from its obligation to include labour clauses in all public contracts, in accordance with Article 2(1) and (2) of the Convention. In this context, the Committee notes that the Government has not yet taken steps to give effect to the provisions of the Convention. It also notes the request made by the Government in its report for technical assistance to ensure the effective application of the Convention. The Committee recalls once again that the Convention does not necessarily require the adoption of new legislation but may be applied by means of administrative instructions or circulars. The Committee expresses the hope that technical assistance from the Office will be available in the near future and requests the Government to provide information on all measures taken or contemplated to ensure the effective application of the Convention.

Repetition

Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. In its previous comments, the Committee invited the Government to indicate the specific measures taken to monitor the activities of the agencies covered by the Convention, particularly with regard to the recruitment and placement of workers abroad. The Government indicates in its report that the activities of private employment agencies are rigorously monitored by the Labour and Social Legislation Inspectorate. It also indicates that, since the liberalization of the labour market, private employment agencies have been multiplying constantly. Referring to the 2014 activity report and 2015 perspectives of the Labour and Social Legislation Inspectorate, the Government indicates that in 2014, the labour inspectorate recorded 2,133 complaints and agreed settlements. It also refers in its report to the type of infringements found during inspections. However, the report does not contain any information on the recruitment and placement of workers abroad. The Committee once again requests the Government to provide information on the measures taken to monitor the activities of the agencies covered by the Convention with regard to the recruitment and placement of workers abroad.

Prospects for ratifying Convention No. 181. In its previous comments, the Committee invited the Government to provide detailed information on any tripartite consultations held with a view to the eventual ratification of Convention No. 181. The Government indicates in its report that, following analyses, it still envisages the ratification of the Convention and that it intends to consult the National Council for Labour and Social Security (CONTESS) on this matter. The Government also indicates that Convention No. 181 perfectly responds to the current requirements of the labour market due to its flexibility and the role private employment agencies can play in the sound functioning of the labour market. The Committee therefore requests the Government to provide information on the measures taken, in consultation with the social partners, to pursue the ratification process of Convention No. 181, which would immediately lead to the denunciation of Convention No. 96.

Repetition

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. Since 2008, the Committee has been drawing the Government’s attention to the fact that section 259(4) of Act No. 133/AN/05/5èmeL of 28 January 2006 issuing the Labour Code, which is concerned with the content of collective agreements, refers to the concept of “equal work” and not to “work of equal value”. In this regard, the Committee recalls that the concept of “work of equal value” is fundamental as it permits a broad scope of comparison, covering “equal”, “the same” or “similar” work but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paragraphs 672–675). The Committee notes the Government’s indication in its report that a bill partially amending Act No. 133/AN/05/5èmeL has been drawn up and was due to be submitted to the National Council for Labour, Employment and Social Security (CONTESS) in April 2016. The Committee is aware that the meetings of this tripartite body resumed in November 2016 in order to examine draft legislation aimed at amending and applying the Labour Code in various areas. The Committee trusts that the Government will take the opportunity provided by the partial revision of the Labour Code, in consultation with CONTESS, to amend section 259(4), replacing the expression “equal work” with “work of equal value”, in accordance both with section 137 of the Labour Code, which provides that there shall be equal wages for work of equal value for all workers regardless of their … sex, and with the principle established by the Convention.

Application of the principle of equal remuneration for work of equal value. Public service. The Committee notes that the Government reaffirms that the civil service pay scales are free from gender bias since they are established by Decree No. 89-062/PRE concerning the particular status of officials and apply to persons recruited on the basis of their profile, training, qualifications and seniority, regardless of sex. The Committee would again like to draw the Government’s attention to the fact that pay inequalities or gender bias may result from pay scales themselves, even if they apply without distinction to male and female civil servants. When these pay scales are established, certain criteria used to evaluate and classify duties may favour male workers, in as much as traditionally “male” factors, such as physical effort, are still overvalued by comparison with factors relating to traditionally “female” occupations, such as care work. Where tasks are largely performed by women, the frequent undervaluation thereof results in an undervaluation of the posts in question and consequent pay inequalities to the detriment of women. Hence, when posts are classified for the purpose of establishing pay scales, it is essential that the method used for evaluating the tasks attached to the posts is based on a set of weighted objective criteria, such as qualifications (knowledge and skills), responsibility and effort (physical, mental, emotional) required by the post, and the conditions in which the work is performed (physical environment, psychological conditions). In the light of the above and in the absence of data on the distribution of men and women in the public service and their respective rates of pay, the Committee requests the Government to take the appropriate steps to collect and analyse these data to determine whether or not there is a gender pay gap in the public service and, if so, to take corrective action. The Committee also requests the Government to examine the distribution of bonuses between men and women, in as much as they may constitute a significant proportion of pay and, as such, be a source of inequalities.

Minimum wages. The Committee recalls the importance of the role of the minimum wage in reducing the gender pay gap. In view of the fact that there are often more women in low-paid jobs and that a uniform national minimum wage system helps to increase the income of the lowest-paid workers, this affects the link between men’s and women’s wages and has an impact on reducing the gender wage gap. The Committee notes the Government’s indication that eight interoccupational collective agreements or enterprise agreements in different branches of activity have been renegotiated. Having noted the examination by CONTESS of the issue of the minimum wage at the end of 2016, the Committee requests the Government to provide information on the fixing of the minimum wage at national, sectoral and branch level and to indicate how it ensures in practice that, when minimum wage rates are fixed in various sectors or branches, jobs or occupations predominantly performed by women are not undervalued in relation to jobs mainly performed by men.

Enforcement. Labour inspection. The Committee notes that, according to the Government’s report, no cases of pay discrimination have been reported by the labour inspectorate. Welcoming the training held in January 2016 for labour inspectors on the principle established by the Convention, the Committee hopes that it will enhance their activities of prevention and enforcement of the labour legislation in relation to gender pay equality. The Committee requests the Government to continue providing information on any prevention, advisory and enforcement activities performed by the labour inspectorate in this field.

Statistics. The Committee welcomes the communication by the Government of the “Statistical yearbook of Djibouti” (2012 edition). It notes the statistical data on occupation and unemployment rates in 2009 for men (44.5 per cent and 55.5 per cent, respectively) and for women (29.4 per cent and 70.6 per cent, respectively). The Committee notes that the yearbook does not contain any data on the distribution of men and women in the various sectors of activity or on rates of pay. The Committee requests the Government to take the necessary steps to ensure that data, disaggregated by sex, are collected and analysed in future in relation to the distribution of men and women in the labour market by sector of activity, and to their respective rates of pay in the public and private sectors. It requests the Government to send these data as soon as they are available.

Repetition

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes the Government’s indication that it plans to consult the National Council for Labour and Social Security (CONTESS) on the introduction of a prohibition on sexual harassment into the Labour Code. The Committee is aware that meetings of this tripartite body resumed in November 2016 in order to examine draft legislation amending and implementing the Labour Code in various areas. Moreover, the Committee welcomes the provisions prohibiting quid pro quo sexual harassment that appear in the enterprise agreement (in the industrial sector). The Committee trusts that the Government will take the opportunity provided by the partial revision of the Labour Code, in consultation with CONTESS, to include provisions defining, prohibiting and penalizing both quid pro quo and hostile working environment sexual harassment. It also asks the Government to take practical steps, in collaboration with workers’ and employers’ organizations, to prevent sexual harassment in employment and occupation and to raise awareness of this issue among these organizations and also among labour inspectors, magistrates and the general public. The Committee also asks that the Government continue to provide examples of clauses in enterprise and/or collective agreements which relate to sexual harassment.

Article 1(2). Inherent requirements of a particular job. With regard to section 6 of Act No. 48/AN/83/1ère L issuing the General Public Service Regulations, which prohibits discrimination on the basis of sex “subject to exceptional measures provided for in particular regulations and required by the nature of the duties”, the Government explains that there are no particular regulations that reserve jobs exclusively for women in the public service, but that in practice men do not apply for certain jobs such as that of midwife or executive secretary. While duly noting these statements, the Committee recalls that the exceptions to the principle of equality established by the Convention must be interpreted strictly and only be applied if the fact of being a man or a woman is an essential condition for performing the job or exercising the occupation, as in the case of jobs involving physical intimacy. The Committee asks the Government to ensure that the exception established by section 6 of Act No. 48/AN/83/1ère L issuing the General Public Service Regulations is interpreted and applied in a restrictive manner, taking account of the principle of equality between men and women in employment and occupation. The Committee asks the Government to provide information on any limitation on the employment of women adopted on the basis of this section.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes that, according to the statistics provided by the Government, the employment rate in 2009 was 29.4 per cent for women compared with 44.5 per cent for men, and that girls accounted for some 42 per cent of pupils in public middle and secondary general education in 2011–12 compared with around 39 per cent in 2004–05; the percentage of girls following technical and vocational education was not indicated (statistical yearbook of Djibouti, 2012 edition). The Committee notes with interest the steps taken by the Government to implement a literacy programme for girls and women (1,700 participants between 2008 and 2011) and the introduction of vocational training courses aimed at giving women access to jobs generally occupied by men (heavy goods vehicle and bus drivers, personal security guards, etc.), and the adoption of the National Gender Policy 2011–21. According to the National Gender Policy document, the final evaluation of the National Strategy for the Integration of Women (SNIFD) in 2010 showed that progress had been made for women, particularly in terms of access to primary and secondary education, respect for their fundamental rights and their representation in decision-making bodies. However, the evaluation also underlined the inequalities that affect women, particularly in terms of poverty, illiteracy and limited access to economic resources and opportunities. The National Gender Policy document identifies certain causes of inequalities with regard to employment and economic opportunities, such as stereotypes concerning the roles of men and women in society, the unequal division of domestic work, unequal access to the means of production, technology and credit, and unequal levels of education and training. The National Gender Policy comprises five strategic components, including the promotion of gender awareness in households and the community and the equitable promotion of the potential of women and men within the economy and of their access to economic resources, and it provides, inter alia, for the revision and the harmonization of legislation with international agreements and the adoption of additional legal measures to eliminate discrimination and ensure gender equality. While noting this information, the Committee asks the Government to continue to take steps aimed at improving equal access for men and women to all levels of education and vocational training, land, credit and employment, by continuing to combat gender stereotyping and occupational segregation of men and women, in order to increase the participation of women in the labour market, including in occupations predominantly undertaken by men, and in managerial posts. The Committee also asks the Government to provide information on the legislative and practical measures taken to implement the National Gender Policy 2011–21 and also on the results achieved in the areas of education, vocational training and employment, sending copies of the evaluation reports for this policy.

Article 3(d). Public service. Family allowances. The Committee recalls that the family allowances provided for under sections 7–13 of Decree No. 83 098/PR/FP of 10 September 1983 are paid to public servants who are heads of families, that is, solely to male public servants (in accordance with section 31 of the Family Code, which provides that the husband is the head of the family). The Government indicates that it will consult CONTESS on this matter with a view to amending these sections. Recalling that these provisions are contrary to the principle of equal treatment for men and women, the Committee asks the Government to take the necessary steps to amend them so that women public servants can also benefit from family allowances on an equal footing with men public servants and, where both spouses are public servants, allowing them to choose which of them should receive the allowances. The Committee asks the Government to provide information on the measures taken in this regard, including the outcome of any consultations with CONTESS on this matter.

Article 5. Affirmative action. Public sector. The Committee notes the Government’s statement that the measures for achieving representation of each sex of at least 20 per cent in higher-level state jobs established by Decree No. 2008 0270/PR/MPF of 26 November 2008 relate to the posts of secretary-general, technical adviser, director, head of service, ambassador, embassy adviser and consul. It also indicates that it is planned to consult CONTESS regarding the extension of the application of this decree to local administrations. The Committee asks the Government to provide information on the steps taken to apply this Decree, particularly with regard to training, and on the results achieved in terms of the participation of women in supervisory posts in the administration. The Committee also asks the Government to indicate whether the application of this Decree has been extended to local administrations, after consultation with CONTESS and, if not, whether other steps have been taken or are planned to promote the access of women to supervisory posts within these administrations.

Special measures of protection for women. The Committee notes the Government’s indication that the draft order establishing the types of work and enterprises from which pregnant women and young persons are prohibited provided for in section 111 of the Labour Code, has been drawn up and was due to be submitted to CONTESS in April 2016. Noting that the Government only refers in its report to “pregnant women” and recalling that special measures which exclude women from certain jobs and occupations must not go beyond what is strictly required to protect maternity in the broad sense, the Committee asks the Government to clarify whether the draft ordinance has been examined by CONTESS and whether it is concerned with women in general or only pregnant women. It asks the Government to send a copy of the order once it has been adopted.

Labour inspection. The Committee notes the Government’s indication that a first case of discrimination concerning persons living with HIV/AIDS was recorded in 2016 by the labour inspectorate and that it is being examined. With particular regard to the protection of persons living with HIV against discrimination and stigmatization, the Committee would like to draw the Government’s attention to the provisions of the HIV and AIDS Recommendation, 2010 (No. 200), and asks it to provide information on the administrative and/or judicial follow-up to the case referred to above. The Committee also asks the Government to continue providing information on the steps taken by the competent authorities to monitor the application of the legislative provisions on discrimination in employment and occupation (the Labour Code and Act No. 174/AN/07/5e L) setting out protective measures adapted to the situation of persons living with HIV and AIDS and vulnerable groups.

Repetition

Article 1 of the Convention. Adoption and implementation of an active employment policy. ILO technical assistance. In response to previous comments, the Government indicates in its report that, although the strategy for the formulation of a national employment policy was commenced in April 2003, and new structures have been established, the preparation of a national employment policy paper has still not been completed. The Committee notes that the National Employment Forum held in 2010 showed the need to develop a new employment policy adapted to labour market needs, which will have to target as a priority the reform of the vocational training system and the improvement of employment support services. The Government indicates that, out of a population of 818,159 inhabitants of working age, recent estimates place the unemployment rate at 48.4 per cent. It also indicates that, following a mission for the evaluation of technical cooperation undertaken by the ILO in March 2011, the Government reiterated its commitment to developing a Djibouti Decent Work Programme. It adds that it is still awaiting Office support for this purpose. The Committee requests the Government to provide information on the measures taken to ensure that employment, as a key element of poverty reduction, is central to macroeconomic and social policies, and on the progress made in the adoption of a national policy for the achievement of full employment within the meaning of the Convention.

Youth employment. The Government indicates that in 2012, despite a certain improvement, unemployment particularly affected young persons with higher education degrees. Moreover, although the country does not currently have a formal strategy to promote youth employment, several initiatives have been established to improve the operation of the labour market, promote entrepreneurship and provide training adapted to labour market needs. The Committee invites the Government to provide information on the manner in which the measures adopted have resulted in productive and lasting employment opportunities for young persons, and on the collaboration of the social partners in their implementation.

Article 2. Collection and use of employment data. In March 2014, the Government provided the summary of the employment situation prepared by the National Employment and Skills Observatory. The number of jobs is increasing (30,118 jobs created in 2007, 35,393 in 2008 and 37,837 in 2010). The Committee invites the Government to indicate the measures taken to improve the labour market information system and to consolidate the mechanisms linking this system with decision-making in the field of employment policy. It also requests the Government to provide updated statistical data disaggregated by age and sex, as well as any other relevant data relating to the size and distribution of the workforce, the nature and scope of unemployment and underemployment and the respective trends.

Article 3. Collaboration of the social partners. The Committee recalls the importance of the consultations required by the Convention and once again requests the Government to provide information on the measures adopted or envisaged for the consultation of the representatives of the persons affected on employment policies.

Repetition

Application of the Convention in practice. Referring to its previous comments, the Committee notes the Government’s statement that the high incidence of industrial accidents stems from the lack of a prevention and safety policy in upstream enterprises, which also means a lack of resources for investing in appropriate protective equipment. The Committee observes that occupational safety and health constitute the essential complement to the protection provided by social security in relation to industrial accidents. The Committee draws the Government’s attention to the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and Recommendation, 2006 (No. 197), which stress the importance of the ongoing promotion of a national culture of prevention in safety and health, and also to the Labour Inspection Convention, 1947 (No. 81), ratified by Djibouti, under the terms of which labour inspection systems must, inter alia, secure the enforcement of the legal provisions relating to safety, health and welfare, and refers to its comments on this Convention. The Committee therefore requests the Government to provide detailed information on the application of the Convention in practice, indicating the number and nature of the occupational accidents reported and also the total cost of benefits in cash and in kind. The Government is also requested to supply information on the financial situation of the industrial accident and occupational disease branch managed by the National Social Security Fund (CNSS), which has now incorporated the former Social Protection Institute (OPS) and the National Retirement Fund (CNR) with a view, according to the report, to sharing and optimizing the running costs of this branch and those of the old-age pension branch.

Repetition

Article 1 of the Convention. Setting up a system of compulsory sickness insurance. The Committee notes that Act No. 212/AN/07/5ème-L establishing the National Social Security Fund (CNSS) provides that new complementary social instruments such as sickness insurance will be instituted by means of regulations (section 5 of the Act). It also notes the adoption of Act No. 199/AN/13/6ème-L of 20 February 2013 extending treatment coverage to self-employed workers and of Decree No. 2013-055/PR/MTRA of 11 April 2013 establishing CNSS registration procedures and contributions for self-employed workers. The Government states that these items of legislation are the precursor to establishing a universal sickness insurance system in Djibouti in the near future. The Committee hopes that once this insurance system is established it will cover the payment of sickness benefits to insured persons, which are currently covered by employers, contrary to the terms of the Convention. It requests the Government to keep it informed of any developments regarding the introduction of a universal sickness insurance system.

Repetition

Establishment of a compulsory invalidity insurance scheme. With reference to its observation relating to the Sickness Insurance (Industry) Convention, 1927 (No. 24), the Committee recalls that the national social protection system has been undergoing restructuring for a number of years, which involves the merger of various insurance funds in the interests of more efficient management. In this context, although the social protection system has no specific branch for invalidity benefits, the Government indicates that Act No. 154/AN/02/4ème-L of 31 January 2002 codifying the operation of the Social Protection Institute (OPS) and the general retirement scheme for salaried employees, contains several provisions that authorize workers aged 50 years and over who are affected by a permanent physical or mental impairment to claim an early retirement pension when they have accrued a minimum of 240 contribution months (section 60 ff.). The Committee emphasizes that, even though it is justified in the context of early retirement, the fixing of a minimum age at which a person can receive invalidity benefit, as set forth by Act No. 154, is in breach of Article 4 of Convention No. 37 and the Invalidity Insurance (Agriculture) Convention, 1933 (No. 38). Moreover, the length of the qualifying period for entitlement to invalidity benefit must not, according to Article 5(2) of Conventions Nos 37 and 38, exceed 60 contribution months. In view of the failure of these provisions to give effect to the main requirements of Conventions Nos 37 and 38, the Committee requests the Government to carry out the feasibility studies needed to establish an invalidity insurance scheme.

Minimum wages

Protection of wages