Interim Report - Report No 375, June 2015

Case No 2753 (Djibouti) - Complaint date: 29-DEC-09 - Follow-up

Allegations: The complainant denounces the closure of its premises and the confiscation of the key to its letter box by order of the authorities, the intervention of the police at a trade union meeting, the arrest and questioning of trade union officials and the general ban on trade unions from holding any meetings

1. 171. The Committee last examined this case at its June 2014 meeting [see 372nd Report, paras 110–124, approved by the Governing Body at its 321st Session].
2. 172. Since there has been no reply from the Government, the Committee has been obliged to postpone its examination of the case twice. At its March 2015 meeting [see 374th Report, para. 5], the Committee made 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 meeting, even if the requested information or observations had not been received in time. To date, the Government has not sent any information.
3. 173. 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 the case

1. 174. At its June 2014 meeting, the Committee made the following recommendations [see 372nd Report, para. 124]:
   • (a) The Committee requests the Government to provide further details in relation to the reasons behind the three-month detention of the protesting dockworkers.
   • (b) The Committee expects the Djibouti Labour Union (UDT), under the leadership of Mr Adan Mohamed Abdou, to be able to participate effectively in the work of all national and international advisory bodies, together with all the other organizations representing employers and workers in the country.
   • (c) The Committee can only firmly urge the Government to give priority to promoting and defending freedom of association and to allow the development of free and independent trade unionism. To that end, the Committee expects the Government to maintain a social climate free of acts of anti-union interference and harassment, in particular against the UDT.

B. The Committee’s conclusions

1. 175. The Committee regrets that the Government has not provided a reply to its recommendations even though it has been invited to do so on several occasions, including through an urgent appeal. The Committee urges the Government to cooperate with its procedures in the future.
2. 176. Under these circumstances, in accordance with the applicable procedural rules [see 127th Report, para. 17, approved by the Governing Body at its 184th Session (1971)], the Committee is obliged to present a report on the substance of the case without being able to take account of the information which it had hoped to receive from the Government.
3. 177. The Committee reminds the Government that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to ensure respect for this freedom in law and in practice. The Committee is confident that, while this procedure protects governments against unreasonable accusations, they must recognize the importance of formulating, for objective examination, detailed replies concerning allegations brought against them [see First Report of the Committee, para. 31].
4. 178. The Committee recalls that this case concerns allegations of interference by the authorities in trade union activities and acts of intimidation against the trade union officials of the Djibouti Labour Union (UDT) and that its latest recommendations concerned, generally, the need to allow the UDT to participate effectively in the work of all national and international advisory bodies, together with all the other organizations representing employers and workers in the country and, more specifically, the need for the Government to provide further information on the allegations of acts of violence by the authorities against dockworker union members who were holding a peaceful demonstration.
5. 179. The Committee recalls, regarding the allegations concerning the arrest of 62 dockworkers, members of the Dockworkers’ Union, during the demonstration of 2 January 2011 in front of Parliament, and their detention for three months, that the Government has previously stated that it has not received any complaint from the Union and did not have any information in that regard. The Committee notes with concern that the Government has not provided the requested information on this matter. The Committee cannot be satisfied with this silence and is therefore bound to reiterate its previous recommendations. The Committee expects the Government to be more cooperative in the future.
6. 180. Lastly, in the light of the history of this case and the Government’s failure to meet its obligation to provide information, the Committee also reiterates its previous recommendations by again urging the Government to maintain a social climate free of acts of anti-union interference and harassment, in particular against the UDT, and to allow that organization to participate effectively in the work of all national and international advisory bodies, together with all the other organizations representing employers and workers in the country.

The Committee’s recommendations

1. 181. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee urges the Government to conduct an investigation into the three-month detention of the protesting dockworkers in 2011 and to inform it of the outcome.
   • (b) The Committee expects the Djibouti Labour Union (UDT) to be able to participate effectively in the work of all national and international advisory bodies, together with all the other organizations representing employers and workers in the country.
   • (c) The Committee expects the Government to give priority to promoting and defending freedom of association by allowing the development of free and independent trade unionism and maintaining a social climate free of acts of anti-union interference and harassment, in particular against the UDT.
   • (d) The Committee requests the Government to provide detailed information on the outstanding issues for examination at its next meeting in October/November 2015 and expects significant progress in this regard.