Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Labour Inspection Convention, 1947 (No. 81) - Djibouti (Ratification: 1978)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2017.

Repetition

Articles 1 and 2 of the Convention. Supervision of conditions of work and the protection of workers in industrial and commercial establishments in export processing zones (EPZs). In its previous comments, the Committee noted that, with a view to remedying the lack of coherence between the provisions of the Labour Code and those of the Export Processing Zones Code with regard to the applicability of the Labour Code to industrial relations within EPZs, the Government intended to submit for its opinion the two legal texts to the National Council for Labour, Employment and Social Security (CONTESS) with a view to their amendment and clarification. In this regard, the Committee notes the Government’s indication in its report that it still intends to consult the CONTESS and have recourse to the technical assistance of the Office to ensure the full application of the Convention. The Government adds that the National Confederation of Employers of Djibouti is opposed to the special treatment of employers in EPZs and that the Federation of Employers of Djibouti is in favour of the application of the Labour Code to employers in EPZs. The Government adds that the Labour Union of Djibouti and the General Union of Djibouti Workers support the revision of the Labour Code for it to be made applicable over the whole of the national territory, including EPZs. The Committee requests the Government to continue providing information on any developments relating to the supervision of conditions of work and the protection of workers in industrial and commercial establishments in EPZs and, where appropriate, to provide a copy of any legislation that is revised or adopted in this regard. Noting the absence of information from the Government concerning the competent authority for the inspection of enterprises operating in EPZs, the Committee once again requests the Government to indicate whether the ports and EPZ authorities are still responsible for their supervision or, if not, to indicate the body responsible for such inspections and to provide information on its activities in practice.

Article 3(2). Impact of additional duties on the discharge of labour inspection functions. The Committee notes the Government’s indication, in reply to its previous request, that the labour inspection services are still experiencing difficulty in discharging their primary duties, including the supervision of the application of legal provisions relating to the improvement of conditions of work and the protection of workers. The activities report of the labour inspectorate for 2014 indicates that 2,133 complaints or requests for the amicable resolution of disputes were received that year, of which 1,386 resulted in conciliation, although a low number of enterprises (32) were inspected by labour inspectors. Recalling that the Committee had previously noted that the inadequacy of the human resources prevented labour inspectors from discharging all the functions of the inspectorate, the Committee once again requests the Government to take the necessary measures to ensure that, in accordance with Article 3(2), the duties other than their primary duties entrusted to inspectors do not interfere with the discharge of the latter, and to provide information on any progress achieved in this regard.

Article 4. Restructuring of the labour inspection system. Further to its previous comments, the Committee notes the adoption of Act No. 107/AN/10/6th of February 2011 on the organization of the Ministry of Employment, Integration and Vocational Training, which raises the labour inspection services to a full department. The Government indicates that, in accordance with section 25 of the Act, a draft Decree on the organization of the labour inspection services and governing the functions of labour inspectors and controllers (assistant inspectors) has been prepared with the technical assistance of the Arab Labour Organization, but that it has not yet been referred to the CONTESS. The Committee requests the Government to continue providing information on the adoption of the Decree and to provide a copy once it has been adopted.

Article 7(3). Training of inspectors. The Committee notes that, in reply to its previous request concerning the training programmes in which labour inspectors participate, the Government indicates that a training course for labour inspectors was organized in 2014 by national experts from the National Institute of Public Administration and that training on international labour standards was provided by the ILO in January 2016. The Committee notes that, according to the activities report for 2014: (i) although the specific conditions of service of public officials provide that training shall be followed at the Regional Labour Administration Centre for qualification as a labour inspector or controller, only two inspectors benefited from this training in 2014; and (ii) the team responsible for the supervision of enterprises has not benefited from training on inspections of enterprises and in relation to occupational safety and health, and the labour inspection service does not have a guide covering inspection procedures. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that all labour inspectors receive appropriate training for the discharge of their duties, including training in occupational safety and health. In this regard, the Committee requests the Government to continue providing detailed information on the training provided to inspectors.

Articles 10, 11 and 16. Reinforcement of the material resources of the labour inspection system. The Committee notes that, in reply to its previous request, the Government indicates that all material resources are available to labour inspectors, including means of transport. However, the Committee notes that, according to the activities report for 2014: (i) vehicles have been allocated by the Ministry of Labour, but their use is limited due to the lack of resources for fuel; and (ii) a documentation and archives room has been equipped, but does not yet have the necessary personnel to create a website for the inspection services or for the maintenance of computers, printers and photocopiers. The Committee requests the Government to provide information on the measures adopted or envisaged to reinforce the material resources of the labour inspection system and to provide information on this subject.

Articles 20 and 21. Publication, communication and content of the annual inspection report. The Committee noted previously that, since the ratification of the Convention in 1987, the Government has never communicated to the Office an annual report, as required by Articles 20 and 21. In this regard, the Committee notes with interest the communication of the activities report for 2014, which contains information on the activities undertaken in 2014, particularly in the field of conciliation and supervision of the application of the legislation, as well as on the difficulties encountered and prospects for 2015. The Committee hopes that in future the Government will ensure that an annual report on the activities of the labour inspection services is communicated to the ILO and contains information on the laws and regulations relevant to the work of the inspection service (Article 21(a)); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of violations and penalties imposed (Article 21(e)); statistics of industrial accidents (Article 21(f)); and statistics of occupational diseases (Article 21(g)).

The Committee recalls that the Government can avail itself of the technical assistance of the Office concerning the issues raised in the application of the above Conventions.