Report in which the committee requests to be kept informed of development - Report No 324, March 2001

Case No 1851 (Djibouti) - Complaint date: 19-SEP-95 - Closed

Allegations: Dismissals, suspensions and removal of trade unionists following strike action; confiscation of trade union archives; obstruction of May Day demonstrations and interference in a trade union general meeting

• Allegations: Dismissals, suspensions and removal of trade unionists following strike action; confiscation of trade union archives; obstruction of May Day demonstrations and interference in a trade union general meeting
  526. 526 The Committee has already examined Cases Nos. 1851 and 1922 on several occasions, most recently at its November 1999 meeting when it submitted an interim report to the Governing Body. On this occasion, it also examined for the first time Case No. 2042 [see 318th Report, paras. 188-207, approved by the Governing Body at its 276th Session in November 1999].
  527. 527 The Committee has twice had to postpone examination of this case because it has not received the Government's observations. At its November 2000 meeting [see 323rd Report, para. 9], the Committee urgently requested the Government to send its observations, drawing the Government's attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it may present a report on the substance of these cases if the Government's observations or information have not been received in due time.
  528. 528 Djibouti has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of Cases Nos. 1851, 1922 and 2042

1. 529. At its meeting in November 1999, in the light of the Committee's interim conclusions, the Governing Body approved the following recommendations:
   • (a) The Committee once again strongly urges the Government to ensure that the trade union leaders and members who were dismissed, in particular the senior union leaders of the UDT/UGTD, are reinstated in their posts and functions if they so request, and reiterates its previous recommendations concerning the importance which it attaches to the principle that declarations of loyalty or other similar commitments, such as the acknowledgement of wrongdoing demanded in the present case, should not be imposed as a condition for reinstatement of the trade unionists in question.
   • (b) The Committee insists that the workers of Djibouti must be able to elect their trade union representatives freely and democratically, and requests the Government to allow elections to be held in the different affiliated unions and general meetings to be held by the UDT and UGTD under the sole supervision of independent judicial bodies, and to keep it informed in this regard.
   • (c) The Committee requests the Government to ensure that in future workers can hold public meetings on May Day, given that such meetings constitute an important aspect of trade union rights.

B. New information

1. 530. According to information gathered by members of the ILO Addis Ababa multidisciplinary advisory team who went to Djibouti in October/November 2000, it seems that, contrary to the previous situation, all the trade union representatives of the country now wish for trade union elections at the grass-roots level to resume. Furthermore, the Minister of Employment and National Solidarity has indicated that the procedure for reinstatement of the trade union members who were dismissed is already in progress, in particular at the Ministry of National Education where these cases are being studied and where some reinstatements have already taken place. Finally, a meeting will be held between the trade union members who were dismissed and the Government in order to agree upon the official conditions of the reinstatement, including the issue of arrears of wages.

C. The Committee's conclusions

1. 531. The Committee deplores the fact that, despite the time which has elapsed since the last examination of this case and taking into account the seriousness of the allegations, the Government has provided no new information even though it has been requested to send its observations on several occasions, including by means of an urgent appeal. In these circumstances, and in accordance with the applicable rule of procedure [see 127th Report of the Committee, para. 17, approved by the Governing Body at its 184th Session], the Committee is obliged to submit a report on the substance of these case sin the absence of the information it had hoped to receive in due time from the Government.
2. 532. The Committee reminds the Government once again that the purpose of the whole procedure established by the International Labour Organization to examine allegations concerning violations of freedom of association is to promote respect for trade union rights in law and in fact. If this procedure protects governments against unreasonable accusations, governments on their side will recognize the importance of formulating for objective examination detailed factual replies concerning the substance of the allegations brought against them [see 1st Report of the Committee, para. 31].
3. 533. The Committee recalls that Cases Nos. 1851 and 1922 gave rise to a direct contacts mission in January 1998 and that a number of positive developments were identified on that occasion. However, the Committee had noted with concern that the trade union situation had seriously deteriorated since its last examination of Cases Nos. 1851 and 1922, and Case No. 2042 in November 1999. Since this date, and despite the absence of new information from the Government, the Committee notes that an ILO multidisciplinary advisory team has visited the country four times.
4. 534. With regard to the failure to reinstate in their posts and functions the leaders of the UDT/UGTD who were dismissed for starting a strike in September 1995 in protest against the Finance Act, the Committee recalls the legitimate nature of the protest strike of 1995 as a means of defending the economic and professional interests of the workers, and the commitments made by the Government to the direct contacts mission that it would seek the reinstatement of the workers concerned. The Committee notes that, according to the new information provided, reinstatement procedures for the trade union members who were dismissed are under way, in particular at the Ministry of National Education, and that a meeting is to be organized between the parties concerned to agree on the official conditions for the reinstatement. While noting this information, the Committee once again strongly urges the Government to ensure that the trade union leaders and members who were dismissed are reinstated in their posts and functions if they so request, and reiterates its previous recommendations concerning the importance which it attaches to the principle that declarations of loyalty or other similar commitments, such as the acknowledgement of wrongdoing demanded in the present case, should not be imposed as a condition for reinstatement of the trade unionists in question. The Committee requests the Government to keep it informed in this regard.
5. 535. With regard to the trade union elections in the country, the Committee notes that, according to new information, all the trade union representatives of the country now wish for trade union elections at the grass-roots level to resume. In this regard, the Committee once again insists that the workers of Djibouti must be able to elect their trade union representatives freely and democratically, and requests the Government, in this specific case, to allow elections to be held in the different affiliated unions and general meetings by the UDT and UGTD under the sole supervision of independent judicial bodies, and to keep it informed in this regard.

The Committee's recommendations

1. 536. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee once again strongly urges the Government to ensure that the trade union leaders and members who were dismissed are reinstated in their posts and functions if they so request, and reiterates its previous recommendations concerning the importance which it attaches to the principle that declarations of loyalty or other similar commitments, such as the acknowledgement of wrongdoing demanded in the present case, should not be imposed as a condition for reinstatement of the trade unionists in question.
   • (b) The Committee once again insists that the workers of Djibouti must be able to elect their trade union representatives freely and democratically, and requests the Government, in this specific case, to allow elections to be held in the different affiliated unions and general meetings by the UDT and UGTD under the sole supervision of independent judicial bodies, and to keep it informed in this regard.