Rapport intérimaire - Rapport No. 307, Juin 1997

Cas no 1851 (Djibouti) - Date de la plainte: 19-SEPT.-95 - Clos

Allegations: Arrests, dismissals and suspensions of trade unionists following strike action, closing of trade union premises

1. 253. The Committee examined this case at its June 1996 meeting (See 304th Report of the Committee, paras. 255 to 286, approved by the Governing Body at its 266th Session (May-June 1996)), at which it formulated interim conclusions.
2. 254. The Government forwarded its observations in a communication dated 25 May 1997.
3. 255. The General Union of Djibouti Workers (UGTD) sent additional allegations in this case in a communication dated 8 March 1997.
4. 256. 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. 257. At its previous examination of the case the Committee had noted with concern that the serious allegations pending in this case concerned the arrests, dismissals and suspensions of trade unionists, following protest strikes against the Government's economic and social policy in a very large number of branches of activity, as well as the closure of the premises of the General Union of Djibouti Workers (UGTD) and the setting up of a trade union organization supporting the cause of the Government. The Committee had noted that the Government had merely put forward views of an extremely general nature on political developments in Djibouti and on the utility of democracy, while accusing trade unionists of actions which were political rather than of a trade union nature. The Committee had noted with deep regret that the Government had not made any specific comments on the allegations made by the complainants.
2. 258. Concerning the substance of the allegations, the Committee had noted that the two trade union federations in Djibouti, grouped together in an Inter-Trade Union Association, UDT/UGTD, had called a strike in September 1995 to protest against draft financial legislation which, according to the complainants, had had disastrous repercussions on workers' living standards and against the Government's refusal to discuss with the trade unions beforehand. This two-day strike had allegedly been followed in many branches of activity and had resulted in many arrests and the sentencing of activists and trade union officials (see Annex I), as well as wide-scale dismissals and suspensions (400 teachers, for instance) (see Annex II).
3. 259. The Committee had accordingly formulated the following recommendations:
   • (a) The Committee recalls that strikes of a purely political nature do not fall within the scope of freedom of association; however it insists that the occupational and economic interests which workers are able to defend through the exercise of the right to strike should not only concern better working conditions or collective claims of an occupational nature, but also the seeking of solutions to economic and social policy questions of direct concern to the workers. The Committee further insists on the fact that trade unions should be able to have recourse to protest strikes, in particular where aimed at criticizing a government's economic and social policy, without incurring reprisals. It requests the Government to try in the future to take account of these principles and to avoid considering strikes of this nature as unlawful.
   • (b) Concerning the arrests and sentencing of a large number of trade union officials and activists, the Committee urges the Government to release the trade unionists arrested for strike action and to keep it informed of the fate of the trade union officials arrested who, it would seem, are still subject to judicial proceedings. Furthermore, it requests the Government to communicate the text of any legal decision handed down on this matter.
   • (c) Concerning the dismissals and suspensions of strikers, the Committee urges the Government to take measures to lift as soon as possible the severe penalties imposed on the strikers and, in particular, to reinstate in their posts the trade union officials and trade unionists dismissed or suspended for lawful trade union activities linked to the defence of workers' interests.
   • (d) As regards the closing of the UGTD premises by the police, the Committee, stressing the importance of an independent judicial review in view of the significant risk that such measures may paralyse trade union activities, requests the Government to communicate its comments on this aspect of the case.
   • (e) Furthermore, the Committee requests the Government to make any comments and observations it considers appropriate concerning the allegation that it set up a trade union organization supporting its cause called the Djibouti Labour Congress.
   • (f) Deeply regretting the lack of prior consultation with the trade union organizations during the adoption of economic and social bills which led to strike movements, the Committee recalls the importance of consultation of representative employers' and workers' organizations when drafting social legislation. The Committee notes with satisfaction that the Government wishes to request technical assistance from the ILO which might contribute efficiently towards elaborating a draft labour Code, thereby fully guaranteeing the rights enshrined in the Conventions on freedom of association and collective bargaining.

B. The complainants' new allegations

1. 260. Referring to the decision taken in November 1996 by the Committee on Freedom of Association to postpone its examination of the case, the UGTD stated in a communication dated 8 March 1997 that the situation is deteriorating daily and is becoming increasingly alarming:
   • - the trade union officials have still not been reinstated;
   • - the UGTD premises are still closed;
   • - the contributions from primary trade unions (in this case the Post Office and Telecommunications Workers' Trade Union and the Djibouti Electricity Workers' Trade Union) are still frozen;
   • - officials of the Inter-Trade Union Association UDT/UGTD are being followed by police and threatened with eviction from the accommodation provided with their jobs;
   • - pressure is frequently put on trade union officials, for example by cutting off their electricity and water supplies;
   • - the lawyer of the Inter-Trade Union Association UDT/UGTD (Aref Mohamed) was suspended from his job and threatened with charges because he defends trade unionists and human rights in general in Djibouti;
   • - five officials of the secondary schoolteachers' trade union (SYNESED) were dismissed from their jobs on 16 February 1997;
   • - on the same day, the officials of the Inter-Trade Union Association UDT/UGTD and the officials and members of the primary and secondary schoolteachers' trade unions (over 500 persons) were interned in a camp guarded by the police 10 km from the capital following a peaceful demonstration held in protest against the arbitrary dismissal of the five officials concerned.
2. 261. The UGTD accordingly drew the attention of the Committee to the urgent need dictated by the situation to take all the necessary steps as soon as possible to reach a decision on the complaint, since the families of the arbitrarily dismissed trade union officials have been suffering since September 1995.

C. The Government's reply

1. 262. In a communication dated 25 May 1997, the Government refers to Article 15 of the Constitution of Djibouti which recognizes the right to organize and the right to strike. It explains that the dismissals took place for the following reasons: absence from the workplace, violations of the freedom to work and the carrying out of purely political activities in collusion with the parties. According to the Government, the UDT and the UGTD made a political choice that was contrary to the workers' interests.
2. 263. Concerning the headquarters of the trade unions, the Government explains that the building belongs to the State. The UGTD refused to share the premises with the UDT. The UGTD moreover refused to sign any agreement on the headquarters or on the division of responsibilities. In his speech of 1 May, the Labour Minister had invited the organizations to sign an agreement on the conditions and modalities relating to the use of the premises. According to the Government, all this proves that the organizations are not pursuing trade union goals.

D. The Committee's conclusions

1. 264. The Committee notes with deep concern that the serious repressive measures taken against trade union activists and officials in several branches of activity because they had taken part in strikes to protest against the Government's economic and social policy have not been lifted, but have worsened since its last examination of the case. The Committee deplores that the Government has once again merely replied to the allegations in a very general manner without providing specific and detailed information. It recalls its conclusion addressed to the Government of Djibouti to the effect that trade unions should be able to have recourse to protest strikes, in particular where aimed at criticising a government's economic and social policy, without incurring reprisals. (See 304th Report, para. 280.)
2. 265. Specifically, the Committee observes with deep regret that according to the complainants the trade union officials have still not been reinstated, the UGTD premises are still closed, the contributions of primary trade unions are still frozen, that certain officials of the Inter-Trade Union Association UDT/UGTD are subjected to threats and harassment, that five officials of the teachers' trade union were dismissed on 16 February 1997, that 500 persons were interned in a police camp 10 km from the capital for protesting peacefully against these arbitrary dismissals and that the Inter-Trade Union Association's lawyer, Aref Mohamed, was suspended from his job. The Committee accordingly recalls that the rights of workers' and employers' organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders or members of these organizations, and it is for governments to ensure that this principle is respected. (See Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 47.)
3. 266. The Committee notes with profound concern that it has received no information on the fate of the 15 trade union officials who were arrested and sentenced in August and September 1995 (see Annex I). It therefore urges the Government once again to release the trade unionists arrested for strike action who are still imprisoned and to keep it informed of the fate of the trade union officials who, it would seem, are still subject to judicial proceedings. It requests it to communicate the text of any legal decision handed down on this matter.
4. 267. Concerning the anti-union measures taken against strikers, the Committee once again urges the Government to lift immediately the measures of mass dismissal or suspension imposed on the strikers and to ensure the reinstatement in their posts of the trade union officials and trade unionists dismissed or suspended for lawful trade union activities linked to the defence of workers' interests, in particular the officials of the UGTD, the members of the Post Office and Telecommunications Workers' Union (OPT), and the members of the railway workers', health workers' and teachers' unions (400 secondary schoolteachers and 180 primary schoolteachers for having participated in a strike in January 1996).
5. 268. The Committee points out moreover that a climate of violence, in which attacks are made against trade union premises and property, constitutes serious interference with the exercise of trade union rights. It insists on the importance of the principle that trade union property should be given adequate protection. It notes in this respect that the Government proposed to the unions that they sign an agreement on the use of the trade union premises. The Committee considers however that priority should be given to the immediate lifting of the closure of the UGTD premises and the freeze on the contributions on the Post Office and Telecommunications Workers' Trade Union (OPT) and the Djibouti Electricity Workers' Trade Union (SEED). It therefore urges the Government to take these above measures.
6. 269. The Committee once again requests the Government to forward its observations concerning the alleged setting up of a trade union organization supporting its cause called the Djibouti Labour Congress.
7. 270. Lastly, the Committee requests the Government to forward its comments and observations on the serious new allegations contained in the UGTD's communication of 8 March 1997, in particular, the dismissal of five officials of the schoolteachers' trade union on 16 February 1997, the internment of 500 persons in a police camp 10 km from the capital following a peaceful demonstration and the suspension of the lawyer of the Inter-Trade Union Association UDT/UGTD, Aref Mohamed.
8. 271. The Committee requests the Government to accept a direct contacts mission to the country.

The Committee's recommendations

1. 272. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deplores that the Government once again did not provide specific and detailed information on the allegations, especially since the serious repressive measures imposed on trade unionists and trade union officials have not been lifted but, on the contrary, have worsened.
   • (b) Concerning the arrests and sentencing in August and September 1995 of 15 trade union officials (see Annex I), the Committee once again urges the Government to release the trade unionists arrested for strike action who are still imprisoned and to keep it informed of the fate of the trade unionists who, it would seem, are still subject to judicial proceedings. Furthermore, it requests it to communicate the text of any legal decision handed down on this matter.
   • (c) Concerning the dismissals and suspensions of strikers in 1995, 1996 and 1997 (see Annex II), the Committee once again urges the Government to send information in this respect and to take measures to lift immediately the severe penalties imposed on the strikers and, in particular, to reinstate in their posts the trade union officials and trade unionists dismissed or suspended for participating in a strike. It also requests it to reinstate the trade union officials in their office.
   • (d) Concerning the closing of the UGTD premises by the police, which is still continuing, the Committee urges the Government to immediately lift this measure, which constitutes a serious interference with the exercise of trade union rights. It also requests it to lift the freeze on the trade union contributions of the OPT and the SEED.
   • (e) The Committee once again requests the Government to send its comments on the allegation that it set up a trade union organization supporting its cause called the Djibouti Labour Congress.
   • (f) The Committee requests the Government to send its comments and observations on the serious new allegations contained in the UGTD's communication dated 8 March 1997, in particular concerning the dismissal of five officials of a teachers' trade union, the internment of 500 persons in a camp following a peaceful demonstration and the suspension of the lawyer of the Inter-Trade Union Association UDT/UGTD, Aref Mohamed.
   • (g) Finally, the Committee requests the Government to accept a direct contacts mission to the country.

Z. Annex I

• Trade union officials and trade unionists who were arrested and/or sentenced
• and concerning whom the Government has not provided any information
  • - Mohamed Doubad Wais, second deputy secretary-general of the UGTD, was
• arrested on 22 August 1995 and sentenced to three months' imprisonment and
• fined 60,000 Djibouti Francs following a complaint lodged by the Minister of
• Labour and Vocational Training.
  • - The following were arrested on 6 September 1995:
  • - Ahmed Djama Egueh, president of the UDT and joint president of the
• Inter-Trade Union Association;
  • - Kamil Diraneh Hared, secretary-general of the UGTD and joint president of
• the Inter-Trade Union Association;
  • - Mahamoud Miguil Okieh, deputy general treasurer of the UGTD;
  • - Aden Mohamed Abdou, secretary-general of the UDT, spokesman of the
• Inter-Trade Union Association;
  • - Bouha Mohamed Daoud, vice-president of the UDT;
  • - Abdo Ibrahim Guireh, information secretary of the UDT;
  • - Youssouf Ibrahim Mohamed, information secretary of the UGTD;
  • - Moussa Ainan, first deputy secretary-general of the UGTD;
  • - Abdoulkalek Waberi Houffaneh, legal secretary of the UDT;
  • - Fouad Moussa Dawaleh, administrative affairs secretary of the UDT;
  • - Mohamed Ali Hirab, Aboubaker Moussa Robleh, Abou Egueh Sigad, Abdourazak
• Mohamed Hassan, members of the airport trade union.
• Annex II
• Dismissals or suspensions of trade unionists concerning whom the Government
• has not sent any information
  • - Ahmed Djama Egueh, president of the UDT and spokesman of the Inter-Trade
• Union Coordination Group, was dismissed from his job at Djibouti airport and
• forced to leave the accommodation provided with his job.
  • - Kamil Diraneh Hared, secretary-general of the UGTD and joint president of
• the Inter-Trade Union Association.
  • - Aden Mohamed Abdou, secretary-general of the UDT, spokesman of the
• Inter-Trade Union Association.
  • - Mohamed Doubad Wais, deputy secretary-general of the UGTD.
  • - Habib Ahmed Doualeh, legal secretary of the UGTD.
  • - Ahmed Birir Omar, administrative secretary of the OPT.
  • - Houssein Dinieh Gouled, member of the railway trade union.
  • - Ahmed Elmi Fod, member of the railway trade union.
  • - Moussa Waiss Ibrahim, member of the railway trade union.
    400. - 400 teachers disqualified by an internal letter from the Ministry of
  • Education.
    180. - 180 primary schoolteachers dismissed on 28 January 1996 for taking part in a
  • strike.
  • - Eight officials from the health services trade union suspended.
  • - Mohammed Nasser Abas, official of the Inter-Trade Union Association.
  • - Hachim Adawa Ladieh, official of the Inter-Trade Union Association.
  • - Abdoulkader Mohamed, official of the Inter-Trade Union Association.
  • - Five officials of a teachers' trade union dismissed in February 1997.