Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Djibouti (Ratification: 1978)

The Committee notes the Government’s report and the comments from the International Trade Union Confederation (ITUC), the Labour Union of Djibouti (UDT) and the General Workers’ Union of Djibouti (UGTD) regarding the anti-union dismissal of numerous trade union leaders and members and concerning acts of anti-union interference.

The Committee once again notes with regret that the Government has not provided any reply to the comments. The Committee reminds the Government that it has the responsibility to prevent all acts of anti-union discrimination and ensure that complaints regarding discriminatory practices of this nature are examined according to a procedure which must be prompt, impartial and considered as such by the parties concerned. The Committee therefore requests the Government once again to order without delay an independent investigation into the anti-union dismissals and acts of discrimination and interference referred to in the communications from the ITUC, UDT and UGTD, and ensure that the measures and penalties laid down by the legislation are applied if violations of the rights established by the Convention are proven.

The Committee notes the adoption of Act No. 133/AN/05/5th L of 28 January 2006 issuing the Labour Code. It notes that the Labour Code prohibits anti-union discrimination and interference and lays down significant penalties (section 290 of the Code). The Committee also notes the establishment, under sections 280–282 of the Code, of the Joint National Committee on Collective Agreements and Wages, the duties of which include issuing opinions and making recommendations with regard to collective labour agreements (section 280 of the Code). The Committee requests the Government to send a copy of the Decree establishing the structure and procedures of the Joint National Committee on Collective Agreements and Wages and also any relevant information on its work.