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

Equal Remuneration Convention, 1951 (No. 100) - Djibouti (Ratification: 1978)

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes, from the Government’s report, the adoption of Act No. 221/AN/17/8ème L of 25 June 2018 amending and supplementing Act No. 133/AN/05/5ème of 28 January 2006 issuing the Labour Code. It notes with satisfaction that section 259(4) provides that “collective agreements cannot amend the provisions of the present Code relating to procedures for the application of the principle “equal pay for work of equal value” whatever the origin, sex and age of the worker”.

Application of the principle of equal remuneration for work of equal value. Public service. In reply to its previous comment, the Committee notes the Government’s general indication that there is no wage gap between men and women in the public sector. It notes, however, that the Government has not provided any information in response to its previous requests. The Committee therefore once again requests the Government to take the appropriate steps to:

• (i)collect data on the distribution of men and women in the public service and their respective rates of pay; and
• (ii)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. TheCommittee also reminds the Government of the importance of examining the distribution of bonuses between men and women, inasmuch as they may constitute a significant proportion of pay and, as such, be a source of inequalities.

Article 2(2)(b).Minimum wages. With reference to its previous comments, the Committee notes the Government’s reply that Act No. 221/AN/17/8ème L of 25 June 2018 introduces a subparagraph to section 60 of the Labour Code which provides that “the guaranteed interoccupational minimum wage (SMIG) … shall be fixed at 35,000 Djiboutian francs (DJF)”. It notes that the minimum wage is therefore the same as that established by the collective agreement of 2012 for civil servants. The Committee notes with interest the establishment of a national minimum wage. The Committee requests the Government to indicate:

• (i)whether an adjustment of the SMIG is envisaged;
• (ii)whether minimum wages are also fixed at the sectoral and branch level; and
• (iii)if so, how it ensures in practice that, when these rates are fixed, jobs or occupations where women predominate are not undervalued in relation to jobs mainly performed by men.

Enforcement. Labour inspection. The Committee notes the Government’s indication that the labour inspectorate has not found any cases of infringement of the principle of equal remuneration between men and women. In this regard, the Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the 2012 General Survey on the fundamental Conventions, paragraphs 870 and 871). The Committee requests the Government to provide information:

• (i)any training activities provided to labour inspectors in relation to the principle of equal remuneration between men and women;
• (ii)on any preventive, advisory or enforcement activities carried out by the labour inspectorate to monitor the application of the labour legislation in relation to equal remuneration for men and women; and
• (iii)on the number of infringements recorded and the penalties imposed.

Statistics. The Committee notes the Government’s indication that it will communicate any relevant data once available. The Government also indicates, in its detailed report on the national-level review of the Beijing Declaration and Platform for Action, 1995 (Beijing+25 national report), that the statistics available for the various economic sectors are not disaggregated by sex. However, the Committee notes the adoption of Act No. 26/AN/18/8ème L of 27 February 2019 on the establishment of the National Institute of Statistics of Djibouti (INDS), which replaces the former Directorate of Statistics and Demographic Studies (DISED). The Committee requests the Government to take the necessary steps to ensure the collection and analysis of data, disaggregated by sex, on the distribution of men and women in the labour market, by sector of activity, and on their respective pay levels in the public and private sectors. It requests the Government to:

• (i)provide information on progress made by the INDS to collect these data; and
• (ii)to communicate these data once they are available.