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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body- 40. The Committee last considered this case at its March 2012 session. On that occasion it made the following recommendations [see 363rd Report, paras 134–149]:
- (a) With regard to the reinstatement of the workers dismissed in 1995 who have not yet been reinstated, the Committee again requests the Government: (i) to provide information, if any, on the outcome of the negotiations with Ms Mariam Hassan Ali and Mr Habib Ahmed Doualeh; (ii) to indicate the current employment situation of Mr Adan Mohamed Abdou and, if he has declined to be reinstated, to specify the date of the negotiations and his reasons for declining; and (iii) to state whether the issue of the gap in annuities of Mr Kamil Diraneh Hared has been resolved so that he can draw his retirement pension.
- (b) As for the circumstances of the dismissal of Mr Hassan Cher Hared from the post office in September 2006, the Committee requests the Government to provide all pertinent documents (reports, correspondence, judicial decisions) in support of its claims with regard to the dismissal, and to provide information on his present situation.
- (c) Concerning the proceedings brought since 2006 against Mr Hassan Cher Hared, Mr Adan Mohamed Abdou, Mr Mohamed Ahmed Mohamed et Mr Djibril Ismael Egueh for “delivering information to a foreign power”, the Committee requests the Government to provide information on the situation.
- (d) The Committee also insisted once again on the need for the Government to guarantee the right to hold free and transparent elections to all trade unions in the country, particularly the Djibouti Union of Workers (UDT) and its affiliated organizations or, as appropriate, the General Union of Djibouti Workers (UGTD) and its affiliated organizations, in a framework which fully respects their capacity to act in total independence.
- 41. Concerning recommendation (a), the trade union confederation (UDT/UGTD) states, in particular, in a communication of 20 August 2012, that Ms Mariam Hassan Ali, on returning to the country, has, since 2010, attempted on a number of occasions to enter into discussions with the Government about her reinstatement and her arrears of salary. She was however put under pressure and exposed to threats by the politicians responsible, to dissuade her from pursuing the matter. In this respect the Government, in a communication of 12 June 2013, reports that its efforts during the ongoing negotiations will shortly lead to the reinstatement of Ms Mariam Hassan Ali and Mr Habib Ahmed Doualeh. It also explains that Ms Mariam Hassan Ali has been reimbursed the sums deducted from her salary. As for Mr Adan Mohamed Abdou, the Government states that he has been elected to the National Assembly as a representative of the National Salvation Union (USN), an opposition party. The Government also reports that, in conformity with the recommendations of the direct contacts mission to Djibouti in 2008, it has undertaken, through the Ministry of Labour, to take responsibility for the missing social security contributions of Mr Kamil Diraneh Hared. The Committee notes this information with interest and requests the Government to keep it informed of the progress of the negotiations concerning the forthcoming reinstatement of Ms Mariam Hassan Ali and Mr Habib Ahmed Doualeh, and of the actual payment of the retirement pension of Mr. Kamil Dinareh Hared, also covering the gap in annuities.
- 42. Concerning recommendation (b), the Government confirms that Mr Hassan Cher Hared was dismissed by the governing board of the post office having been found guilty of abuse of power and misuse of company property, after all the statutory disciplinary measures had been exhausted. It annexes a copy of correspondence between him and the post office administration, and documents relating to the dismissal of Mr Hassan Cher Hared from 25 September 2006 for serious professional misconduct (repeated absence from duty without permission). In June 2011 the complainant was living in Switzerland as an asylum seeker, according to a copy of an article in a local newspaper. He is still living there. The Committee takes due note of this information and requests the Government to state whether any judicial appeal was lodged against the administrative decision to dismiss Mr Hassan Cher Hared.
- 43. Concerning recommendation (c), the Government states that it has taken the necessary steps to communicate, at a later date, the outcome of the proceedings brought against Mr Hassan Cher Hared, Mr Adan Mohamed Abdou, Mr Mohamed Ahmed Mohamed and Mr Djibril Ismael Egueh for “delivering information to a foreign power”. The Committee regrets that, seven years after these proceedings were initiated, there has been no decision grounded in explicitly stated facts. It requests the Government to keep it regularly informed of the course of these proceedings, even if the charges in question are ultimately dropped.
- 44. Finally, the Committee recalls that the Credentials Committee of the International Labour Conference, at its 102nd Session, Geneva, June 2013, firmly invited the Government to respect fully the capacity of genuine workers’ organizations in Djibouti to act with complete independence vis-à-vis the Government, in accordance with the provisions of 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). The Committee again finds itself compelled to insist on the need for the Government to guarantee the right to free and transparent elections for all trade union organizations in the country, especially the UDT and its affiliated organizations or, as appropriate, the UGTD (Mr Diraneh Hared) and its affiliated organizations, in a framework that fully respects their capacity to act in complete independence. It expresses the firm hope that the Government will, without delay, be in a position to determine, together with these organizations, objective and transparent criteria for nominating workers’ representatives to national and international tripartite bodies and to the International Labour Conference.
