Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Djibouti (Ratification: 2005)

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes the Government’s indication in its report, that, further to consultation with the National Council for Labour and Social Security (CONTESS) in November 2016, the Labour Code henceforth prohibits sexual harassment at the workplace (Act No. 221/AN/17/8ième L amending and supplementing Act No. 133/AN/05/5ième L of 28 January 2006 issuing the Labour Code). The Committee notes with interest that this Act introduces section 4 ter, which prohibits sexual harassment and defines it as “the fact of repeatedly subjecting a person to remarks or conduct with sexual connotations which either undermine the dignity of the person because of their degrading or humiliating nature or create an intimidating, hostile or offensive situation for that person. Sexual harassment is also deemed to be the fact of using, even on a non-repetitive basis, any form of serious pressure with the real or apparent aim of obtaining an act of a sexual nature, whether for the benefit of the perpetrator or for the benefit of a third party. The perpetrator of the acts may be a colleague, a superior or a junior of the victimized employee.” Following up on the Committee’s previous request, the Government also indicates that it will communicate the inter-professional collective agreement that governs labour relations in all activity sectors in Djibouti as soon as it signed by the social partners. With regard to the formulation of section 4 ter, the Committee highlights that remarks or conduct with sexual connotations do not need to be repeated in order to be characterized as sexual harassment. A single incident may suffice. Indeed, the requirement for acts to be committed repeatedly could have the effect of limiting the protection of workers against sexual harassment. The Committee asks the Government to review the formulation of section 4ter in order to eliminate the requirement for acts to be repeated to constitute sexual harassment. It also requests the Government to provide information on the application in practice of the new section 4 ter of the Labour Code, including the number of complaints submitted, court decisions taken (in particular concerning the possible qualification of sexual harassment where remarks or conduct with sexual connotations have not been repeated) and penalties imposed. It further requests the Government to provide a copy of the inter-professional agreement once it has been concluded.

Article 1(2). Inherent requirements of a particular job. The Committee notes that, further to its previous comment in this regard, the Government does not indicate that any limitations on the employment of women have been adopted, on the basis of section 6 of Act No. 48/AN/83/1re L issuing the General Public Service Regulations.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes that, according to the statistics presented in The African Statistical Yearbook 2020 of the African Development Bank Group, in 2020 women represented 39.8 per cent of the economically active population. The Committee notes the detailed information contained in the in-depth report on the national examination of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing 25+). In this context, the Committee notes the Strategy for Accelerated Growth and Employment Promotion 2015-2019 (SCAPE), the seventh goal of which is the reduction of gender-based inequalities. The SCAPE mid-term evaluation report, carried out in 2018, establishes a list of obstacles to the promotion of gender equality: (1) poor coordination, implementation and follow-up; (2) the weight of tradition and culture; and (3) women’s lack of autonomy, related to a lack of knowledge of their rights due to low levels of education and economic power. In its Beijing 25+ report, the Government also provides information on the National Micro-Finance Strategy (2012-2016) – a local occupational micro-financing system aimed at a majority of households excluded from the formal system, with loans granted predominantly to women micro-entrepreneurs. However, according to the Government’s report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), “women noted certain obstacles, in particular, the restrictive and slow procedures for granting credit, high interest rates, incompatibility of interest with the tenets of Islam, and payment terms that are too short. Some women, especially young women, also mentioned the dearth of information about microfinance institutions”, (CEDAW/C/DJI/4-5, 1 April 2021, para. 153). In addition, the Committee notes, in the national Beijing 25+ report, the Government’s indication that it has taken measures to alleviate tax burdens with the purpose of facilitating the transition of the informal sector (where there is a high number of women) to the formal sector. The Committee also notes the means put in place to increase the participation of girls and women at all levels of education. In this regard, it notes, according to the Government’s report to CEDAW, that with regard to education at the primary level, parity was achieved in 2017, while at the secondary level parity between girls and boys at school increased slightly, from 0.73 in 2009 to 0.85 in 2017. The Government also indicates that the Centre for Social Action to Promote the Empowerment of Women (CASAF) provides training programmes in cooking, hairdressing and cosmetology, sewing and embroidery, with the aim of capitalizing on the potential of young girls and women who have not been to school, are not in school and/or have dropped out of school, equipping them with the knowledge and skills needed to combat illiteracy and poverty (CEDAW/C/DJI/4-5, paras 113 and 42). While noting these measures, the Committee reminds the Government that stereotyped assumptions regarding women’s aspirations and capabilities, their suitability for certain jobs continue to lead to the segregation of men and women in education and training, and consequently in the labour market (2012 General Survey on the fundamental Conventions, para. 783). Noting this information, the Committee requests the Government to continue its efforts in adopting and implementing measures to improve equitable access for men and women to all levels of education and vocational training, land, credit and employment. In particular, it requests the Government to intensify its efforts to combat gender stereotypes and occupational segregation between men and women, in order to increase women's participation in the labour market, including in occupations predominantly carried out by men and in positions of responsibility. The Committee also requests the Government to provide information on:

• (i)the measures put in place within the framework of SCAPE 2015-2019 and the National Micro-Finance Strategy (2012-2016), aimed at promoting equality in employment and occupation between men and women;
• (ii)the results achieved in this regard; and
• (iii)measures taken or envisaged to strengthen the implementation and follow-up to policies giving effect to the Convention.

Article 3 (d). Public service. Family allowances. The Committee notes the Government’s statement, in reply to its previous comments, that, while section 7 of Decree No. 83 098/PR/FP provides that family allowances are allocated to public servants who are heads of families (that is, solely to male public servants in accordance with section 31 of the Family Code), those allowances may be paid to women public servants in the case of the death of her husband (section 11 al. 4). The Committee notes the Government’s repeated indication, since 2017, that it will consult CONTESS on this matter with a view to amending these sections. Recalling, once again, that these provisions are contrary to the principle of equal treatment for men and women, the Committee requests the Government to take the necessary steps to amend them so that women public servants can also benefit from family allowances on an equal footing with men public servants and, where both spouses are public servants, allow them to choose which of them should receive the allowances. The Committee once again requests the Government to provide information on the measures taken in this regard, including the outcome of any consultations with CONTESS on this matter.

Article 5. Affirmative action. Public sector. The Committee notes the adoption of Act No. 219/AN/18/7ème L of 11 January 2018, amending Act No. 192/AN/02/4ème L establishing the quota system in elective functions and in State administration, which increases the minimum quota for women from 10 to 25 per cent. To achieve that, the Act provides for: (i) the eradication of gender-based inequalities that deprive women of the full enjoyment of their social, economic and political rights; and (ii) the establishment of a sociocultural, judicial, economic, political and institutional environment that fosters the realization of gender equity and equality. As a result of this Act, the Government indicates that in 2018, 17 of its 65 members of Parliament were women. The Committee also notes the Government's indication that the “Vision Djibouti 2035” project aims to improve the participation of women in decision-making bodies and to achieve women’s representation of 40 per cent in the National Assembly. The Committee notes that according to the information provided by the Government in its report to CEDAW, “nearly every invitation to tender concludes with a phrase such as ‘Female candidates encouraged to bid’ or ‘Equally qualified women candidates shall be given priority’”. (CEDAW/C/DJI/4-5, para. 87). The Committee notes this information and requests the Government to provide information on the measures taken to implement the “Vision Djibouti 2035” project and on the results achieved regarding women’s participation in positions of responsibility in the administration and in the National Assembly.

Special measures of protection for women. The Committee notes that, in reply to its previous comment, the Government only repeats that the draft order establishing the types of work and enterprises from which pregnant women and young persons are prohibited provided for in section 111 of the Labour Code, has been drawn up and will be submitted to CONTESS at its forthcoming meeting. Recalling that the draft order should have been submitted to CONTESS in April 2016, the Committee urges the Government to:

• (i)ensure that the draft order be examined without delay by CONTESS;
• (ii)specify whether it concerns women in general or only pregnant women; and
• (iii)communicate a copy of it once it has been adopted.

Labour inspection. The Committee notes that the Government has not provided any relevant information on this matter. With particular regard to the protection of persons living with HIV against discrimination and stigmatization, the Committee would like to draw the Government’s attention to the provisions of the HIV and AIDS Recommendation, 2010 (No. 200), and requests it to provide information on the administrative and/or judicial follow-up to the first case of discrimination concerning persons living with HIV/AIDS recorded in 2016 by the labour inspectorate, as well as to any other case since. The Committee once again requests the Government to provide information on the steps taken by the competent authorities to monitor the application of the legislative provisions on discrimination in employment and occupation (the Labour Code and Act No.174/AN/07/5e L setting out protective measures adapted to the situation of persons living with HIV and AIDS and vulnerable groups).