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

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Djibouti (Ratification: 1978)

1. Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to a profit. The Committee notes the information contained in the Government’s report received in October 2005. It also notes the comments made by the Labour Union of Djibouti (UDT) and the General Union of Djibouti Workers (UGTD) on the application of the Convention, which were forwarded to the Government in October 2005. In its report, the Government refers to Act No. 75/AN/00 4th L respecting the organization of the Ministry of Employment and National Solidarity, which liberalizes employment. The Government explains that, in areas where there is no national employment service (SNE) structure, it is represented by district commissioners. The Government adds that, with the liberalization of employment, employers can recruit freely and then regularize the situation with the SNE. Furthermore, the Committee notes that, according to the UDT and the UGTD, fee-charging employment agencies have been legalized in Djibouti for three years. These agencies are reported to act as filters for employment. The UDT and the UGTD state that these agencies charge jobseekers and even deduct sums illegally from workers’ wages. The Committee requests the Government to provide general information in its next report on the manner in which the Convention is applied, including a summary of the reports of the inspection services, the number and nature of the contraventions reported and any other particulars bearing on the practical application of the Convention, including the placement or recruitment of workers abroad.

2. Revision of Convention No. 96. The Committee recalls that the Private Employment Agencies Convention, 1997 (No. 181), acknowledges the role played by private employment agencies in the operation of the labour market. The Governing Body of the ILO has invited States parties to Convention No. 96 to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181), the ratification of which would involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee invites the Government to keep it informed of any developments, which in consultation with the social partners, might occur in this regard.

[The Government is asked to reply in detail to the present comments in 2007.]