Report in which the committee requests to be kept informed of development - Report No 344, March 2007

Case No 2471 (Djibouti) - Complaint date: 26-OCT-05 - Closed

Allegations: The complainant organization alleges that the management of the Port of Djibouti is impeding the free exercise of trade union rights through various measures: the dismissal of 11 trade union leaders and activists; the detention of 170 workers and the dismissal of another 25 workers following a solidarity strike; the arrest and preventive detention of 12 workers; repeated harassment of workers by the police and through legal means; the sending of “final warnings before dismissal” to 120 workers who had engaged in the collection of funds to provide financial support for the dismissed workers

880. The complaint is contained in two communications, dated 26 October 2005 and 24 January 2006, as well as in communications of 20 and 24 June 2006, in which the UDT provides further information.

1. 881. In the light of the Government’s failure to reply, the Committee has had to defer examination of the case on two occasions. At its November 2006 session [see 343rd Report, para. 10], the Committee issued an urgent appeal to the Government indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report approved by the Governing Body, it could present a report on the substance of the case at its next session, even if the observations or information had not been received in due time. The Government has not yet sent any information.
2. 882. 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. The complainant organization’s allegations

1. 883. The complainant organization alleges that, having been forced to work since 2004 against a background of flagrant violations of labour laws and regulations, as well as abuse of authority by the management of the International Autonomous Port of Djibouti, the port employees decided, through the Union of Port Workers (UTP), to take their case to the competent bodies and the national authorities, in accordance with national law (the labour inspectorate, the responsible ministry and the Office of the President of the Republic).
2. 884. After exhausting all the statutory procedures, and following a general assembly held on 10 September 2005, the UTP issued a strike notice. The complainant organization affirms that the Ministry of Employment attempted to prevent the strike from going ahead, before changing its course of action and inviting the two parties to the negotiating table on the very day of the strike, on 14 September 2005. However, the incipient social dialogue was rapidly broken off at the instigation of the port management.
3. 885. The complainant organization alleges in particular that: on 24 September 2005, 11 trade union leaders and activists were dismissed; following a solidarity strike held the next day, 170 workers were taken to a detention centre and another 25 workers were dismissed (the list of workers at the Port of Djibouti who were dismissed during the collective dispute is attached to the complaint); 12 workers held in preventive detention for fomenting open insurrection and participating in an illegal assembly were released by a ruling of 2 October 2005; in this regard, the Correctional Chamber of the Djibouti Court of Appeal arbitrarily sentenced the latter workers to suspended prison sentences of up to two months (three of the workers were found guilty of the offence of unlawful demonstration and obstruction of the freedom to work, and the others of threats and assembly on the public thoroughfare liable to disturb the public order). The complainant organization also denounces the “final warnings before dismissal” delivered to 120 workers who collected funds to provide financial support for the dismissed workers and, in general, the measures of police and legal harassment of workers (see the communication of 24 January 2006). The complainant organization requests the Committee to make the necessary recommendations so that the decisions to dismiss the strikers are set aside.
4. 886. In its communication of 24 June 2006, the UDT emphasizes that these violations of freedom of association form part of a policy of savage and inhumane repression by the Government. The latter went a stage further with the arrest of four members of the UDT, who were charged with passing information on to a foreign power and insulting the President of the Republic. They were committed to Gabode prison, where they were detained for almost a month. The complainant organization alleges that these arrests, detentions and prosecutions are arbitrary and contravene the basic rules of criminal procedure. The passports of two of the accused were confiscated.

B. The Committee’s conclusions

1. 887. The Committee regrets that, despite the time that has elapsed since the presentation of the complaint, the Government has not replied to the allegations of the complainant organization despite the fact that it has been invited on several occasions to make comments and observations on the case, including by means of an urgent appeal. The Committee urges the Government to be more cooperative in the future.
2. 888. Under these circumstances, in accordance with the applicable rule of procedure [see 127th Report, para. 17, approved by the Governing Body at its 184th Session], the Committee is bound to submit a report on the substance of the case even without the information it hoped to receive from the Government.
3. 889. The Committee reminds the Government that the purpose of the whole procedure established by the International Labour Organization for examining allegations of violations of freedom of association is to ensure respect for trade union rights in law and practice. The Committee is convinced that, while this procedure protects governments against unreasonable accusations, they must recognize the importance for the protection of their own good name of formulating for objective examination detailed replies concerning the allegations brought against them [see First Report of the Committee, para. 31].
4. 890. The Committee notes that the present case, against a background of intimidation and increasingly serious violations of trade union rights, concerns measures taken in reprisal for the initiation of a collective dispute in 2004 at the International Autonomous Port of Djibouti: the abusive dismissal of 36 trade union leaders and activists; the detention of 170 workers acting in solidarity with the dismissed workers; the arrest and preventive detention of 12 workers for fomenting open insurrection and participating in an unlawful assembly; and threats to dismiss 120 workers who had engaged in the collection of funds to provide financial support to the dismissed workers.
5. 891. The Committee notes with regret that the Government has not replied to the allegations of abusive dismissal of the trade union leaders and activists. The Committee recalls, in this regard, that the right to strike is one of the essential means through which workers and their organizations may promote and defend their economic and social interests and that it is an intrinsic corollary to the right to organize protected by Convention No. 87 [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, paras 522 and 523].
6. 892. The Committee draws the Government’s attention to the fact that one of the fundamental principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment, such as dismissal, demotion, transfer or other prejudicial measures, and that this protection is particularly desirable in the case of trade union officials because, in order to be able to perform their trade union duties in full independence, they should have a guarantee that they will not be prejudiced on account of the mandate which they hold from their trade unions [see Digest, op. cit., para. 799].
7. 893. The Committee therefore requests the Government to institute an independent inquiry rapidly into the allegations of abusive dismissal of the 36 trade union leaders and activists at the Port of Djibouti and, should the allegations be founded, to take the necessary measures immediately to bring an end to these acts of discrimination and punish those responsible and ensure their reinstatement without loss of pay. The Committee also considers that the Government should ensure that adequate and effective protection is afforded against acts of anti-union discrimination by emphasizing the reinstatement of workers as an effective means of remedy. The Committee recalls that the remedy of reinstatement should be available to those who are victims of anti-union discrimination and that, if reinstatement is not possible, the Government should ensure that the workers concerned are paid adequate compensation which would represent a sufficiently dissuasive sanction for anti-trade union dismissals [see Digest, op. cit., paras 837 and 845].
8. 894. Furthermore, with regard to the alleged detentions following a solidarity strike, while once again regretting the absence of observations by the Government, the Committee firmly recalls that the arrest and detention of trade unionists and the alleged measures of harassment and intimidation are a grave threat to the free exercise of trade union rights, that the authorities should not resort to arrests and imprisonment in connection with the organization of or participation in a peaceful strike, that no one should be deprived of their freedom or be subject to penal sanctions for the mere fact of organizing or participating in a peaceful strike and that the Government should take stringent measures to combat such practices [see Digest, op. cit., paras 671 and 672].
9. 895. Finally, the Committee notes with deep concern the allegations regarding the arrest and detention of four members of the UDT, namely, Adan Mohamed, Hassan Cher Hared, Mohamed Ahmed Mohamed and Djibril Ismael Egueh, and their prosecution. The Committee expects that these trade union leaders have been released and that no charges remain pending against them. It urges the Government to provide detailed information in this regard.

The Committee's recommendations

1. 896. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply regrets that, despite the time that has elapsed since the presentation of the complaint, the Government has not replied to the allegations of the complainant organization. The Committee urges the Government to be more cooperative in future.
   • (b) The Committee requests the Government to institute an independent inquiry rapidly into the allegations of the abusive dismissal of the 36 trade union leaders and activists at the Port of Djibouti. Should these allegations prove to be founded, it requests the Government to take the necessary measures immediately to bring an end to these acts of discrimination and to punish those responsible and ensure the reinstatement of these workers without loss of pay. Where reinstatement is not possible, the Committee requests the Government to ensure that the workers concerned are paid adequate compensation which would represent a sufficiently dissuasive sanction for anti-trade union dismissals.
   • (c) The Committee expects that the trade union leaders Adan Mohamed, Hassan Cher Hared, Mohamed Ahmed Mohamed and Djibril Ismael Egueh have been released and that no charges remain pending against them. It urges the Government to provide detailed information in this regard.

List of workers at the International Autonomous Port of Djibouti dismissed during the collective dispute

1. (14–27 September 2005)
2. Number
3. File number
4. Name
5. Occupational status at time of dismissal
6. Number of years of service at the port
7. Position within the union
8. Occupation
9. Signature
10. 01
11. 1220
12. Ali Ibrahim Darar
13. Active
14. 24
15. Deputy General Secretary
16. Head of operations
17. 02
18. 2108
19. Wahib Ahmed Dini
20. Active
21. 8
22. Second Deputy General Secretary
23. Container crane operator
24. 03
25. 1756
26. Mohamed Ahmed Mohamed
27. Active
28. 12
29. Secretary for Legal Affairs
30. Technician
31. 04
32. 2142
33. Mohamed Ali Ahmed
34. Active
35. 10
36. Secretary for External Relations
37. Skipper
38. 05
39. 1562
40. Abdourahman Bouh Il Tireh
41. Active
42. 21
43. Secretary (Inform/C)
44. Seagoing technician
45. 06
46. 2124
47. Ali Ibrahim Chireh
48. Active
49. 6
50. Staff rep. and shop steward
51. Container crane operator
52. 07
53. 1705
54. Yacin Ahmed Robleh
55. Active
56. 19
57. Staff rep. and shop steward
58. Supervisor (Djibouti Dry Port)
59. 08
60. 1580
61. Mohamed Abdillahi Dirieh
62. Active
63. 27
64. Technical advisor (General Services)
65. Head of section (Machinery)
66. 09
67. 1103
68. Kamil Mohamed Ali
69. Active
70. 28
71. Staff representative
72. Head of Operations Department
73. 10
74. 1201
75. Ibrahim Moussa Sultan
76. Active
77. 26
78. Staff representative
79. Head of Accounting Department
80. 11
81. 1390
82. Samira Hassan Mohamed
83. Active
84. 22
85. Staff representative
86. Administrative Assistant (Port Management)
87. 12
88. 1992
89. Djibril Houssein Walieh
90. Active
91. 7
92. Staff representative
93. Technician
94. 13
95. 1978
96. Moustapha Moussa Housein
97. Active
98. 7
99. Staff representative
100. Head of section (Electricity)
101. 14
102. 1404
103. Youssouf Houmed Mohamed
104. On leave
105. 24
106. Staff representative
107. Tugboat Master
108. 15
109. 1703
110. Ahmed Abdi Waliyeh
111. Active
112. 17
113. Staff representative
114. Billing clerk
115. 16
116. 2155
117. Osman Houssein Djama
118. Active
119. 8
120. Member
121. Vessel Planning Officer
122. 17
123. 2506
124. Djamal Mohamed Rayaleh
125. On leave
126. 3
127. Member
128. Heavy truck driver
129. 18
130. 2138
131. Mohamed Hersi Houssein
132. Active
133. 7
134. Member
135. Heavy truck driver
136. 19
137. 2571
138. Aden Moussa Aden
139. Active
140. 3
141. Member
142. Skilled docker
143. 20
144. 2580
145. Moussa Doubad
146. Active
147. 3
148. Member
149. Skilled docker
150. 21
151. 2594
152. Mohamed Ali Abdellah
153. Active
154. 3
155. Member
156. Skilled docker
157. 22
158. 2624
159. Ali Hassan Mohamed
160. Active
161. 3
162. Member
163. Skilled docker
164. 23
165. 2022
166. Kadidja Abdo
167. Active
168. 8
169. Member
170. Billing clerk
171. 24
172. 1738
173. Neima Awad
174. Active
175. 12
176. Member
177. Secretary (Management)
178. 25
179. 1540
180. Naguib Ahmed Mohamed
181. Paraplegic/inactive
182. 20
183. Member
184. Pump attendant
185. 26
186. 1623
187. Osman Abdillahi Youssouf
188. Active
189. –
190. Member
191. Technician
192. 27
193. 2364
194. Ali Mohamed Ali
195. Active
196. 4
197. Member
198. Security officer
199. 28
200. 2323
201. Houssein Barreh Djama
202. Active
203. 4
204. Member
205. Security officer
206. 29
207. 2007
208. Djama Ismael Assoweh
209. Active
210. 7
211. Member
212. Technician
213. 30
214. 2545
215. Kadir Osman Hassan
216. Active
217. 4
218. Member
219. Technician
220. 31
221. 2298
222. Mohamed Hais Mohamed
223. Active
224. 10
225. Member
226. Technician
227. 32
228. 2186
229. Farhan Bouh Dafe
230. Active
231. 6
232. Member
233. Technician
234. 33
235. 1658
236. Moustapha Abchir Egueh
237. Active
238. 20
239. Member
240. Tugboat captain
241. 34
242. 2463
243. Mohamed Abdillahi Omar
244. Active
245. 7
246. Member
247. Senior investigator
248. 35
249. –
250. Koulmiyeh Houssein Ahmed
251. Active
252. 5
253. Member
254. Operations controller
255. 36
256. 2574
257. Ali Hassan Kamil
258. Active
259. 3
260. Member
261. Skilled docker