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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Djibouti (Ratification: 1978)

The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) of 10 and 31 August 2006, which largely refer to very serious legislative matters and issues relating to the application of the Convention in practice that are already under examination. The ICFTU also indicates that the new Labour Code enacted in January 2006 was not the subject of consultation with the representative organizations of workers and criticizes specific provisions of the Code. The ICFTU further refers to numerous arrests of trade unionists, physical aggression against demonstrators and strikers, raids on the homes of trade unionists, acts of anti-union harassment and the prohibition to hold trade union elections in the national mint. The Committee recalls that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected. In this connection, the Committee requests the Government to provide its comments on all of the serious observations made by the ICFTU, as well as on the issues raised in its 2005 observation.

The Committee also requests the Government, in the context of the regular reporting cycle, to provide its comments for the Committee’s next session in November-December 2007 on all the issues raised in its previous observation in 2005 (see 2005 observation, 76th Session). In particular, the Committee will examine, in the context of the regular reporting cycle, the comments made by the ICFTU that the new Labour Code undermines trade union rights.