Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. The Committee previously noted that Act No. 210/AN/07/5th L of 27 December 2007, on combating trafficking in persons contains provisions to prevent and suppress trafficking in human beings and establishes fines and penalties of up to 30 years’ imprisonment under particularly serious circumstances, such as the disappearance or death of the victim (section 9). The Act also contains provisions designed to establish and strengthen coordination at the national level between the various authorities responsible for preventing and combating trafficking in human beings and to develop and/or support preventive policies and programmes (section 16). It establishes provisions for the protection and assistance of victims of trafficking (section 17). Section 18 of the Act provides that decrees issued by the Council of Ministers may determine the measures to be taken for the provision of full care for victims.

The Committee notes the Government’s indication that it is undertaking to send information on the application of this Act at a later date. The Committee notes that, in its concluding observations of 2 August 2011, the Committee on the Elimination of Discrimination against Women (CEDAW) noted the measures that have been taken to combat trafficking in human beings, in particular women and children, who are often abused by traffickers and subjected to forced labour and sexual exploitation, by concluding cooperation agreements with other countries in the subregion, further cooperating with the International Organization for Migration (IOM), which recently opened a migration response centre in Obock, and by criminalizing human trafficking. However, CEDAW noted with concern the limited capacity of Djibouti to enforce the Act on combating trafficking in persons and the low number of prosecutions and convictions of traffickers (CEDAW/C/DJI/CO/1-3, paragraph 22).

The Committee requests the Government to provide information on the effect given in practice to the Act on combating trafficking in persons and particularly on the number of people convicted and the penalties imposed. It requests the Government to indicate the measures taken to ensure the effective application of the Act.

2. Freedom of state employees to leave their employment. In its previous comments, the Committee noted that applications to resign had to be accepted by the competent authority in accordance with the relevant provisions: section 52 of Act No. 48/AN/83/1st L issuing the conditions of service of public officials; section 109 of Act No. 72/AN/94/3rd L issuing the conditions of service of the national police force; and section 69 of Decree No. 88-043/PRE of 31 May 1988, issuing the conditions of service of military personnel.

The Committee notes that in its report the Government indicates that a public official may apply to resign in accordance with section 19 of Decree No. 84 058/PR/FP establishing the conditions surrounding certain public service posts and certain forms of definitive cessation of service.

Referring to the Government’s 2008 report in which it reaffirmed that no persons had been prosecuted for resigning early and that in the public service in Djibouti it is still the rule that all civilian and military officials are under the obligation to serve the State for at least ten years, the Committee once again requests the Government to indicate which provisions of national legislation impose the obligation to serve the State for at least ten years. It also requests the Government to indicate how these provisions are applied in practice, and in particular to describe how applications to resign are dealt with from civilian and military officials who have not completed ten years of service.

Recalling that the Government had previously indicated that the freedom to leave the service had to be regulated in certain essential services, such as the army, which has the mission of defending the nation and its higher interests, the Committee requests the Government to continue providing information on any changes in the practice followed regarding applications to resign submitted by public officials, including military personnel. Where appropriate, the Committee requests the Government to provide information on the criteria applied by the Higher Military Council to reject an application to resign, particularly in cases where the training received by military personnel was financed by the army.

With regard more particularly to military doctors and pharmacists who, under section 8 of Decree No. 91-029/PR/DEF issuing their conditions of service, are required to serve in the army for a period of 15 years, the Government has indicated that this provision has never been applied and that there have not been any administrative, military or court proceedings concerning persons who have left the army or asked to be released from their duties. The Government added that this text would be examined in light of the Convention, as part of the legislative and regulatory review of labour standards that the Government hoped to undertake with the assistance of the Office. Noting an absence of information on the subject, the Committee once again requests the Government to provide information on any measure taken to amend section 8 of the Decree issuing the conditions of service of military doctors and pharmacists so as to allow them to leave the service in times of peace within a reasonable period, either at specified intervals, or with previous notice, or subject to the conditions which may normally be required to ensure continuity of service.

Article 2(2)(c). Community work. In its previous comments, the Committee noted that section 35 of the Penal Code (Act No. 59/AN/94 of 5 January 1995) establishes, inter alia, the penalty of community work. It noted that, in cases where an offence is penalized with a sentence of imprisonment equal to or shorter than one year, this sentence may be replaced by the performance of community work on behalf of a public association or an association authorized to implement work in the general interest. A sentence of community work may not be applied to a person who refuses to serve it (section 37). The Committee also noted that, under the terms of section 38, the arrangements for complying with the obligation to perform community work are decided upon by the judge responsible for the application of penalties. Noting the Government’s indication that it has not been able to send any information on the subject and that it undertakes to do so subsequently, the Committee requests it to indicate, in its next report, whether courts have already applied sentences of community work and, if so, to provide information on the type of work that may be imposed in such a context, as well as the list of associations authorized to benefit from this community work.