Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Djibouti (Ratification: 1978)

Further to its previous comments, the Committee notes the Government’s reply that no effect has ever been given to the provisions of the Convention as national laws are inexistent in matters of public contracts. It also notes the Government’s request for ILO assistance in order to review a large number of ratified Conventions and consider the possibility of eventually denouncing some of those instruments.

The Committee recalls that it has been suggesting for several years that the Government consults the International Labour Office on the measures that need to be taken in order to apply the Convention to public contracts for the furnishing of supplies and services. The Committee also wishes to point out that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention. Moreover, it is obliged to ensure its application as long as it has not denounced it. Therefore, the Committee urges the Government to elaborate with the technical assistance of the International Labour Office, as requested, legislation designed to give effect to the Convention and requests the Government to keep it informed of any developments in this regard.