Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Djibouti (Ratificación : 2005)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee notes that Act No. 210/AN/07/5^e L of 27 December 2007 on combating the trafficking of human beings prohibits the trafficking of human beings, which is defined in section 2 as the process by which any person is procured or abducted, transported or transferred, harboured or received, inside or outside national territory, by one or more natural or legal persons by means of threats or other forms of coercion, fraud, deception or abuse of authority, for the purpose of exploitation. Section 1 of the same Act defines a “human being” as any person who might be a victim of the sale or trafficking of persons because of vulnerability due to, in particular, age (young person under 18 years of age).

Clauses (b) and (c). Use, procuring or offering of a child for prostitution, for the production of pornography or pornographic performances or for illicit activities. The Committee notes that the Government has not supplied any information in its report with regard any legislative provisions prohibiting the engagement of children in prostitution, pornography or illicit activities. The Committee notes that the national legislation does not appear to prohibit the use, procuring or offering of a child under 18 years of age for prostitution, for the production of pornography or pornographic performances or for illicit activities, in particular the production of drugs. It reminds the Government that, under the terms of Article 1 of the Convention, each Member which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to take immediate and effective measures to prohibit, in conformity with Article 3(b) and (c) of the Convention, the use, procuring or offering of a child under 18 years of age for prostitution, for the production of pornography or pornographic performances, or for illicit activities. It also requests the Government to establish penalties to this end.

Article 3(d) and Article 4, paragraph 1.  Hazardous work and determination of types of hazardous work. 1. General prohibition. The Committee notes that, under section 112 of Act No. 133/AN/05/5^e issuing the Labour Code (Labour Code), women or young persons between 16 and 18 years of age may not be placed in employment recognized as being beyond their strength by an approved doctor at the request of a labour inspector. However, the Committee observes that there does not appear to be a provision in national legislation explicitly indicating a minimum age of 18 years for 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 required by Article 3(d) of the Convention.

The Committee also notes that, under section 110 of the Labour Code, the employment of young persons in domestic work, hotels and bars is strictly prohibited, with the exception of employment strictly in the area of catering. In addition, under section 111 of the Labour Code, an order adopted at the proposal of the Minister of Labour and Minister of Health, further to an opinion of the National Council for Labour, Employment and Vocational Training, determines the nature of work and categories of enterprises prohibited to women, pregnant women and young persons and the age limit to which this prohibition applies. The Committee requests the Government to take the necessary measures to ensure that no person under 18 years of age may be authorized to perform hazardous work, in conformity with Article 3(d). It also requests the Government to indicate whether an order concerning the work and enterprises prohibited to young persons has been adopted pursuant to section 111 of the Labour Code and, if so, to supply a copy of it with its next report.

2. Self-employed workers. The Committee notes that, by virtue of section 1 of the Labour Code, the latter applies to the employment relationship between workers and employers. Section 1 also states that a worker is defined as any person who has undertaken to place his occupational activity under the supervision and authority of another natural or legal person, in return for remuneration. The Committee notes that this provision appears to indicate that the Labour Code applies solely to an employment relationship. The Committee therefore requests the Government to take immediate and effective measures to ensure that self-employed persons under 18 years of age enjoy the protection afforded by Article 3(d) of the Convention, namely that they are not employed in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes that sections 192–202 of the Labour Code provide for the role of the labour administration in the implementation, coordination and monitoring of the Labour Code and also for the role and power of labour inspectors and controllers during their inspection visits. However, it notes that the draft Decent Work Country Programme (DWCP) for Djibouti for 2008–12 indicates that the application by Djibouti of the two main ILO Conventions relating to child labour, namely on the minimum age and the worst forms of child labour, suffers from a lack of capacity within the mandated bodies, in particular the labour inspectorate within the Directorate of Labour and Relations with the Social Partners (Ministry of Employment). Furthermore, the Committee notes that, according to a 2007 report on findings on the worst forms of child labour (report on WFCL of 2007) available on the web site of the United Nations High Commissioner for Refugees (www.unhcr.org), the labour inspectorate had only one labour inspector and six labour controllers in April 2006. The Committee notes that, in the context of activities planned under the DWCP, particular emphasis will be placed on strengthening institutional and technical capacities. The Committee requests the Government to take immediate and effective measures to strengthen the action of the labour inspectorate, particularly through activities carried out under the DWCP, as a matter of urgency. It requests the Government to supply information on all progress made in this respect.

2. Vice squad and police force. The Committee notes that, according to the report on WFCL of 2007, the Vice squad and the police force are the competent authorities for monitoring the enforcement of the legislation relating to child labour. According to this source, the Vice squad closed a number of bars where children were engaged in prostitution. Furthermore, in 2007, the Vice squad captured an individual who had fled the country before his court case relating to the sexual exploitation of two young boys. This individual was found guilty and is now in prison. The Committee requests the Government to supply information on the work of the Vice squad and the police force in combating the worst forms of child labour.

Article 6. Programmes of action for eliminating the worst forms of child labour. The Committee notes that the DWCP for Djibouti for 2008–12 is based on three priorities, including the improvement of conditions of work through the promotion of national and international labour standards, with particular focus on child labour. It notes that, in the context of activities carried out under this priority, one of the objectives is that the ILO constituents and the social partners work together to prevent and eliminate the worst forms of child labour. In this regard, it is planned to formulate and implement a national plan of action for the elimination of the worst forms of child labour. The Committee requests the Government to provide information on progress made in the formulation of this national plan of action and its implementation, and on the results achieved.

Article 7, paragraph 1. Penalties. The Committee notes that, under section 8 of Act No. 210/AN/07/5^e L of 27 December 2007 on combating the trafficking of human beings, any person who is found guilty of the sale or trafficking of persons shall be liable to imprisonment of ten to 15 years and a fine of between 500,000 and 5,000,000 Djibouti francs, if the victim has been subjected to the worst forms of labour. Section 9 of the same Act states that the prison term shall be doubled if the trafficking has resulted in the disappearance or death of the victim. The Committee also notes that, under section 288 of the Labour Code, anyone who violates the provisions of the orders adopted pursuant to section 111 concerning work and enterprises prohibited to young persons shall be liable to a fine of between 100,000 and 200,000 Djibouti francs, and between 200,000 and 400,000 Djibouti francs for a repeat offence.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour.
1. Access to free basic education. The Committee notes that, according to UNICEF statistics, the net primary–school enrolment rate was 37 per cent for boys and 30 per cent for girls for the years 2000–06. At the secondary–school level, the attendance rates were 27 per cent for boys and 18 per cent for girls. It notes that, according to the second periodic report of Djibouti to the Committee on the Rights of the Child of 11 December 2007, Djibouti has embarked on a reform of its education system on the basis of discussions which took place at the Education Summit in December 1999, which resulted in the adoption of a ten-year master plan for education and plans of action for education for 2001–05 and 2006–08 (CRC/C/DJI/2, paragraph 237). The objectives of these plans include improving the quality of education and providing access to compulsory basic education for nine years, i.e. for children between 6 and 16 years of age. With the implementation of these plans, the number of children in school has increased from 42,754 in 2000–01 to 53,743 in 2005–06 at the primary education level, and from 13,655 in 2000–01 to 21,129 in 2005–06 at the secondary education level. Furthermore, school attendance rates have become more stable and have also increased from 49.9 per cent in 2002–03 to 68.4 per cent in 2004–05. The Committee duly notes this information but expresses its concern at current enrolment rates, which remain very low. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to redouble its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to provide information on the specific measures taken in the context of the implementation of the master plan and plan of action for education to increase school attendance rates at both primary and secondary education levels, and to reduce school drop-out rates. It requests the Government to supply information on the results achieved in this respect.

2. Sale and trafficking of children. The Committee notes the Government’s information that Djibouti is a transit country for the sale and trafficking of persons, including children. This information is corroborated by a trafficking in persons report of 2008, available on the web site of the United Nations High Commissioner for Refugees (www.unhcr.org) (report on trafficking of 2008), which indicates that Djibouti is a country of origin, transit and destination for the sale and trafficking of women and children for sexual exploitation and for domestic labour. The report also states that the political authorities of Djibouti have a growing understanding of the scourge of the sale and trafficking of persons. In this regard, the report on WFCL of 2007 indicates that the Ministry of Communications launched its first campaign in March 2007 to raise awareness of the sale and trafficking of persons. The Committee requests the Government to provide information on the number of children who were prevented from sale and trafficking through the growing awareness and understanding of the people and authorities of Djibouti. It also requests the Government to redouble its efforts to protect children from sale and trafficking for economic or sexual exploitation and to communicate the results achieved.

Clause (b). Assistance for removing children from the worst forms of child labour. Use, procuring or offering of a child for prostitution or illicit activities. The Committee notes that the Committee on the Rights of the Child, in its concluding observations on the initial report of Djibouti of 28 June 2000, expressed its concern at the high and apparently increasing incidence of prostitution involving children, in particular girls, and at the lack of facilities providing services to sexually exploited children (CRC/C/15/Add.131, paragraph 57). The Committee of the Rights of the Child also expressed its concern at the increasing involvement of children in the production and trafficking of psychotropic drugs, especially khat (CRC/C/15/Add.131, paragraph 55). The Committee of the Rights of the Child recommended that the Government take the appropriate measures to prevent children from engaging in, or to withdraw them from, prostitution and drug trafficking, and to ensure their rehabilitation and social reintegration. The Committee requests the Government to take effective and time-bound measures to remove children from prostitution or the production and trafficking of drugs, and to ensure their rehabilitation and social reintegration. It also requests the Government to supply information on the results achieved.

Clause (d). Identifying children at special risk. Children orphaned as a results of HIV/AIDS. The Committee notes that, according to the 2008 Report on the Global AIDS Epidemic drawn up by UNAIDS, it is estimated that the number of adults and children living with HIV/AIDS in Djibouti increased from 13,000 in 2001 to 16,000 in 2007. It also notes that, according to the same report, the number of AIDS orphans under 17 years of age increased from 1,500 in 2001 to 5,200 in 2007. The Committee notes that, in the written reply of 14 August 2008 by the Government of Djibouti to the list of issues relating to the consideration of the second periodic report of Djibouti by the Committee on the Rights of the Child (CRC/C/DJI/Q//2/Add.1), the Government indicates that Act No. 174/AN/07/5^e L on appropriate protection measures for the situation of persons living with HIV/AIDS and for vulnerable groups was adopted on 27 April 2007. The purpose of the Act is to implement appropriate preventive measures to reduce and limit the pandemic and to provide health care. In addition, the Government states that under section 3 of Act No. 196/AN/07/5^e L on the establishment of a solidarity fund for orphans and children affected by HIV/AIDS, the solidarity fund is responsible, among other things, for the implementation of government policies on orphans and children affected by HIV/AIDS, the provision of funding and material, legal, medical and technical assistance for orphans and children affected by HIV/AIDS, and the promotion of projects or programmes launched by non-governmental organizations to improve the conditions and quality of life of orphans and children affected by HIV/AIDS. Furthermore, the Committee notes that, according to the Government’s comments to the Committee on the Rights of the Child of 14 August 2008, a strategic framework for the care of orphans and children at risk has recently been implemented. Considering that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee requests the Government to supply information on the impact of measures, policies and plans implemented under the abovementioned legislation, and within the strategic framework for the care of orphans and children at risk, on preventing the engagement of HIV/AIDS orphans in the worst forms of child labour. It requests the Government to supply information on the results achieved.

2. Street children. The Committee notes the Government’s information that most of the children living and working on the streets are of foreign origin and often work as beggars or shoeshine boys or girls. The Government indicates that it is difficult to pinpoint the numbers of children living in the streets, but estimates suggest that there are several hundred in the city of Djibouti, with numbers constantly increasing. Considering that street children are particularly exposed to the worst forms of child labour, the Committee requests 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 as a matter of urgency.

Clause (e). Particular situation of girls. The Committee notes that, according to UNICEF statistics, the primary school enrolment rate for boys for the years 2000–06 was 44 per cent, while the enrolment rate for girls was 36 per cent. The secondary-school level enrolment rates were 29 per cent for boys and 19 per cent for girls. The Committee observes that these statistics demonstrate a significant gender gap in school enrolment. It notes that, according to the second periodic report of Djibouti of 11 December 2007 to the Committee on the Rights of the Child, considerable efforts have been made to promote the enrolment of girls, including awareness campaigns and exploratory studies on the obstacles and action frameworks for the promotion of education for girls, as well as distribution of school kits by UNICEF (CRC/C/DJI/2, paragraph 248). According to the Government, these actions have made it possible to increase the girl/boy ratio in primary schools from 0.76 in 2002 to 0.98 in 2006. The Committee requests the Government to continue its efforts to give particular attention to the enrolment of girls in school to prevent their engagement in the worst forms of child labour.

Article 8. Enhanced international cooperation and assistance. Poverty reduction. The Committee notes that the DWCP 2008–12 for Djibouti indicates that Djibouti occupies the 148th position out of 177 countries according to the United Nations human development index for 2006, and that the impoverishment of the population is growing. Between 1996 and 2002, the relative poverty rate increased from 45.1 to 74 per cent, while the extreme poverty rate rose from 9.6 to 42.1 per cent during the same period. The Government therefore adopted in 2004 a poverty reduction strategy framework (PRSF) to boost growth, with the aim of ensuring the participation of the poorest groups in economic activities, as well as the National Social Development Initiative of the President of the Republic for 2008–11 (NSDI), which focuses on youth unemployment and provides for assistance for persons most at risk. Noting that poverty reduction programmes contribute towards breaking the circle of poverty, which is essential for eliminating the worst forms of child labour, the Committee requests the Government to supply information on the impact of the PRSF and NSDI on eliminating the worst forms of child labour.

Part V of the report form. Practical application of the Convention. The Committee notes the Government’s statement that a multidisciplinary mission from the ILO Subregional Office in Addis Ababa took place in Djibouti in March 2008, following which the ILO offered the Government its assistance to conduct a national survey on child labour. The Government indicates that it hopes to launch this survey with ILO assistance once conditions are met for convening the National Council for Labour, Employment and Vocational Training. The Committee also notes that, according to report on trafficking of 2008, an inquiry into a network for the sexual exploitation of children which operated in the 1990s was also launched in 2007. The Committee requests the Government to supply a copy of the results of the national survey on child labour and of the inquiry into the network for the sexual exploitation of children, once these investigations have been completed.