Djibouti - 2012
Capital: Djibouti

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike were systematically arrested during 2011. Strikers arrested included nurses, railway workers and, in the worst case, dock workers, 62 of whom were imprisoned for two weeks. The authorities confiscated the head office of the UDT. Legitimate trade union activities have in effect been totally stamped out.
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 - 2012
Background
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)
Capital: Djibouti

reported violations- 2012
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.
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)
Capital: Djibouti

reported violations - 2012
In practice
See tripartism, ITUC Guide to international trade union rights expressed its deep concern at the government’s blatant lack of any real will to address several cases of trade unions rights violations. Trade union representatives and members are subjected to constant harassment by the authorities. The government accuses trade union activists of being enemies of the state, and as a such, they are arrested, imprisoned, transferred or dismissed. Strikes are brutally repressed. Organisations are refused registration or are made so weak that in effect they can no longer operate.
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)
Capital: Djibouti

reported violations - 2012
Violations
On 2 January, during a peaceful demonstration in front of the parliament to demand unpaid wage compensation, dock workers were rounded up by police and brutally assaulted. Sixty two workers were arrested and placed in detention, where some were beaten. They were denied medical care and visits by relatives or lawyers. They were released on 15 January.
The dockers’ trade union has found it impossible to function over recent years. According to the human rights group Association pour le respect des droits de l’homme à Djibouti (ARDHD) and the trade union centre trade union centre A central organisation at the national, regional or district level consisting of affiliated trade unions. Often denotes a national federation or confederation. Union djiboutienne du travail (UDT), all recent attempts to organise trade union elections have failed because of repression by employers and the authorities. Several dockers used “trade union alibis”. Many workers suspected of being ringleaders or who simply demanded respect for their rights had their dockers’ cards withdrawn and were not allowed to work.
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)
Capital: Djibouti
