Documented violations - actual number of cases may be higher
Population:
Capital: Djibouti
Capital: Djibouti
The government and employers continued to base their actions on a labour law which is anti-trade union in order to repress independent trade union activities. Hundreds of dockers and railway workers were arrested during strikes.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
In April, the pro President Ismaël Omar Guelleh parliament unanimously voted to change the Constitution allowing the head of state to run for another term in the presidential elections scheduled for 2011.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Djibouti
Capital: Djibouti
reported violations- 2011
Documented violations - actual number of cases may be higher
Trade union rights in law
Freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
is strictly regulated by a 2006 Labour Code that can at best be described as unfriendly to unions. When registering a trade union, the Minister of Labour takes into account not only the appropriate union documents, but also reports by the Labour inspector, thereby giving virtual discretionary powers to the public authorities. The Law on Associations also requires prior authorisation in order to register a union. Any changes in a union’s statutes or leadership must go through the same procedures as when registering the union.
Furthermore, if one of the ministries demands the dissolution of a union, the Chief Public Prosecutor can approach a civil court to obtain said dissolution. Accession to union office means the almost automatic suspension of the employment contract, and any person convicted “by any court” may not hold a leadership position. The President has vast powers to requisition
requisition
To issue back-to-work orders.
civil servants in essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by a Labour Code.
- >The right to freedom of association is recognized by law but strictly regulated.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
Restrictions
Legal barriers to the establishment of organizations:
- >Prior authorisation or approval by authorities required for the establishment of a union
- The Labour Code provides for the decision by the Minister of Labour concerning the registration of a union to be based not just on provision of the appropriate documents by the union's founders, but also on a detailed report by the Labour Inspector, thereby giving virtual discretionary powers to the public authorities. In addition, the Law on Associations requires organisations to obtain prior authorisation for establishing themselves as trade unions.
Restrictions on workers' right to form and join organizations of their own choosing:
- >Restrictions on workers' right to join the trade union of their choosing imposed by law (i.e. obligation to join a trade union of a certain level e.g. enterprise, industry and/or sector, regional and /or territorial national)
- The law provides for almost automatic suspension of the employment contract once a worker accedes to a trade union post. That prejudices the rights of any worker to form or join the organisation of his/her choosing or to carry out a trade union .
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to freely draw up their constitutions and rules
- Any amendment to a union's constitution or change in its leadership must be made based on the same authorisation procedure required for establishing a trade union.
- >Restrictions on the right to elect representatives and self-administer in full freedom
- The law provides that any person convicted "by any court" may not hold office as a trade union leader. The ILO considers that definition to be too broad.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Export processing zone (EPZ) workers
- The Labour Code does not apply to workers in the export processing zones.
- >Others categories
- Minors over 16 years of age may join trade unions unless their membership is opposed by their father, mother or guardian.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
- >The right to strike is regulated by a Labour Code.
Restrictions
Limitations or ban on strikes in certain sectors:
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- The law provides the President with broad powers to requisition civil servants vital to the life of the nation and the smooth functioning of essential public services.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Djibouti
Capital: Djibouti
reported violations - 2011
Documented violations - actual number of cases may be higher
In practice
Trade unions harassed and weakened: In March 2010, the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights expressed its deep concern at the government’s complete lack of goodwill to settle several cases of trade union rights’ violations. For several years, trade unionists and members have been subjected to constant harassment by the authorities. The government accuses trade union activists of being the enemies of the nation and as a result, they are arrested, imprisoned, transferred or dismissed. Strikes are brutally repressed. Organisations are refused registration or are made so weak that in practice, they can no longer function.
See tripartism, ITUC Guide to international trade union rights expressed its deep concern at the government’s complete lack of goodwill to settle several cases of trade union rights’ violations. For several years, trade unionists and members have been subjected to constant harassment by the authorities. The government accuses trade union activists of being the enemies of the nation and as a result, they are arrested, imprisoned, transferred or dismissed. Strikes are brutally repressed. Organisations are refused registration or are made so weak that in practice, they can no longer function.
Trade union activities impossible in companies operating in export processing zone: Trade union activities have become impossible in certain companies operating under the export processing zone
export processing zone
A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws.
regulations such as Port Secure Djibouti, Djibouti Container Services or Djibouti Labour Service. The absence of laws governing labour relations in the export processing zone
export processing zone
A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws.
, in the national legislation and in the specific export processing zone
export processing zone
A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws.
code, turns these companies into zones without rights. Workers who wish to remain anonymous, explained that their employers forbid all contact with trade unions and that they do not dare to demand better working conditions as the slightest complaint results in automatic dismissal.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Djibouti
Capital: Djibouti
reported violations - 2011
Documented violations - actual number of cases may be higher
Violations
Mass arrests of railway workers: On three occasions during the year, the armed forces repressed railway workers’ strikes. On 6 and 7 March, more than 164 railway workers were arrested and held for several hours. On 28 November, approximately ten workers were once again arrested by the police and released after 48 hours in custody. At the end of the year, salary arrears, the basis for the protest actions, reached 7 months.
One hundred striking dockers arrested, their trade union continuously prevented from carrying out its activities: On 1 August, a docker’s strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike calling on the port authorities, the DP World group (Dubai), to pay a premium owed, was repressed by the armed forces. Approximately one hundred dockers were arrested and held for a short period. It must be pointed out that the docker’s trade union has been virtually unable to carry out any activities for several years. According to a December press release by the Association pour le respect des droits de l’homme à Djibouti (ARDHD) and the Union djiboutienne du travail (UDT), all recent attempts to organise trade union elections have failed because of repression by employers and the Djiboutian authorities. Several dockers used “trade union alibis”. Many others suspected of being leaders or just because they demanded their rights, had their dockers’ cards withdrawn and were therefore unable to work.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike calling on the port authorities, the DP World group (Dubai), to pay a premium owed, was repressed by the armed forces. Approximately one hundred dockers were arrested and held for a short period. It must be pointed out that the docker’s trade union has been virtually unable to carry out any activities for several years. According to a December press release by the Association pour le respect des droits de l’homme à Djibouti (ARDHD) and the Union djiboutienne du travail (UDT), all recent attempts to organise trade union elections have failed because of repression by employers and the Djiboutian authorities. Several dockers used “trade union alibis”. Many others suspected of being leaders or just because they demanded their rights, had their dockers’ cards withdrawn and were therefore unable to work.
UDT General Secretary stopped at the airport: On 12 December at Djibouti airport, police prevented Adan Mohamed Abdou, General Secretary of the Union djiboutienne du travail (UDT) from taking a plane to Morocco. They confiscated his passport and his ticket, informing him that they were following orders from their superiors. The trade union leader was due to participate in a regional conference in Rabat organised by the Organisation arabe du travail (OAT) and the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights . The government is now in the habit of trying to keep dissenting voices away from tripartite international conferences and sending puppet trade unions representatives in their place.
See tripartism, ITUC Guide to international trade union rights . The government is now in the habit of trying to keep dissenting voices away from tripartite international conferences and sending puppet trade unions representatives in their place.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Djibouti
Capital: Djibouti
reported violations - 2011
Documented violations - actual number of cases may be higher