Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Djibouti (Ratification: 2005)

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In the light of the urgent appeal made to the Government in 2020, the Committee has proceeded with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 3(b) and 7(2)(b)of the Convention. Worst forms of child labour and effective and time-bound measures. Use, procuring or offering of a child for prostitution and and assistance for the removal of children from the worst forms of child labour. The Committee previously noted the concern expressed by the Committee on the Rights of the Child (CRC) at the high number of children, particularly girls, involved in prostitution and at the lack of facilities providing services for child victims of sexual exploitation. It requested the Government to take effective and time-bound measures to remove children from prostitution, and to ensure their rehabilitation and social integration. It also requested the Government to supply information on the progress achieved in this respect. Noting the absence of information on this matter, the Committee once again urges the Government to take effective and time-bound measures to remove children from prostitution, and to ensure the follow-up of their rehabilitation and social integration. It also requests the Government to supply information on the progress achieved in this respect.

Articles 3(d) and 4(1). Hazardous work and determination of these types of work. With regard to the prohibition on employing children under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, as set out in Article 3(d) of the Convention, and also the adoption of a list of hazardous types of work, the Committee refers to its detailed comments relating to the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously requested the Government to take immediate and effective measures to ensure that the national plan of action for the elimination of the worst forms of child labour is formulated, adopted and implemented as soon as possible and to provide information on the progress made in this respect.

The Committee notes that, according to the National Strategic Plan for Children in Djibouti (PASNED), the adoption of a law defining and prohibiting the worst forms of child labour, and the preparation of a study on the worst forms of child labour are planned, as well as the implementation of awareness-raising campaigns on the issue. However, the Committee notes a lack of information on the activities carried out under the PASNED. It further notes a lack of information on the current status of the plan of action for the elimination of the worst forms of child labour. The Committee once again requests the Government to take immediate and effective measures to ensure that the national plan of action for the elimination of the worst forms of child labour is formulated, adopted and implemented as soon as possible and to provide information on the progress made in this respect. It also requests the Government to provide information on the results of the action planned under the PASNED with a view to eliminating the worst forms of child labour.

Article 7(2)(d). Identifying children at special risk. 1. HIV/AIDS orphans. The Committee previously emphasized the increase in the number of HIV/AIDS orphans and recalled that such children are at greater risk of involvement in the worst forms of child labour. It requested the Government to supply information on the impact of the measures, policies and plans implemented to prevent the engagement of HIV/AIDS orphans in the worst forms of child labour, and on the results achieved.

The Committee notes that, according to the social protection assessment of January 2017, conducted by the Government with a view to developing the National Social Protection Strategy 2018–2022, there are several types of shelter institutions working with orphans. They provide a favourable environment for their development and progression, including school retention, access to technical training and the right to care and leisure. There are also financial support activities and food distribution operations for specific groups such as orphans and vulnerable children, school-age girls in disadvantaged/rural areas and persons affected by HIV/AIDS. The Government has also established a “solidarity fund for orphans and children affected by HIV/AIDS”.

The Committee also notes that, according to the PASNED, the activities planned include: (i) the development of minimum standards for care in institutions responsible for the care and education of orphaned and all other vulnerable children; (ii) the training and integration of young persons who are out of school, in difficult situations or in conflict with the law; and (iii) an analysis of the vulnerability of children, including child victims of HIV/AIDS. The Committee requests the Government to provide information on the impact of the measures, policies and plans implemented to ensure that HIV/AIDS orphans are protected from the worst forms of child labour, and on the results achieved.

2. Street children. The Committee previously noted the Government’s statement that most of the children living and working on the streets are of foreign origin and often work as beggars or shoe-shiners. The Committee requested the Government to take immediate and effective measures to protect them from the worst forms of child labour and ensure their rehabilitation and social reintegration, and also to provide information on the progress made in this respect.

The Committee notes that, in the PASNED report, one of the objectives is to develop and strengthen measures for the protection, care and integration of children in difficult situations, such as street children. However, the Committee notes that, according to the Government’s periodic report in reply to the Committee on the Rights of the Child (CRC) (CRC/C/DJI/3-5) of 6 February 2019, it does not yet have statistical data on this group of children, emphasizing that food crises and emergencies and increasing poverty are mobilizing Government efforts and resources. The Government adds that the protection of the basic social rights of street children therefore continues to be ensured by non-governmental organizations.

The Committee notes that a study on street children was to be carried out in 2018 to provide information on the socio-demographic and economic circumstances and living conditions of street children in Djibouti, including: (i) providing an indication of the number of street children, disaggregated by gender, age and origin; (ii) analysing the living conditions, activities, income and expenditure, and family relationships of street children; and (iii) identifying the causes of the presence of children in the streets and their aspirations with regard to their situation. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee once again urges the Government to take immediate and effective measures to protect them from the worst forms of child labour and ensure their rehabilitation and social integration, and also to provide information on the progress made in this respect. It also requests the Government to provide the results of the study on street children planned for 2018.

Application of the Convention in practice. The Committee previously requested the Government to take steps to ensure the availability of statistics on the nature, extent and trends of the worst forms of child labour, disaggregated by age and gender, and on the number of children covered by the measures giving effect to the Convention. The Committee invited the Government to avail itself of ILO technical assistance to facilitate the implementation of the Convention.

The Committee notes Act No. 26/AN/18/8eme L of 27 February 2019, establishing the National Statistical Institute of Djibouti (INSD), which replaces the Directorate of Statistics and Demographic Studies. The INSD is responsible, inter alia, for: producing, analysing and disseminating official statistics; undertaking periodic or specific surveys of general interest in enterprises or households; and ensuring the dissemination and publication of studies and other statistical data. The Committee requests the Government to take measures to ensure the availability of statistics on the nature, extent and trends of the worst forms of child labour, disaggregated by age and gender, and on the number of children covered by the measures giving effect to the Convention.

The Committee invites the Government to avail itself of ILO technical assistance in order to facilitate the application of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.