Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the measures taken to give effect to Act No. 210/AN/07/5th L of 2007 on combating trafficking in persons, and particularly on the number of persons convicted and the penalties imposed.

In its report, the Government refers to the provisions of the 2007 Act and indicates that in 2015 around 100 convictions were handed down for trafficking in persons with fines of up to 300,000 Djibouti francs and penalties of imprisonment without remission of five to six months, and up to 18 months in the event of repeat offences. The Committee notes this information. It welcomes the adoption of Act No. 133/AN/16/7th of 2016 to combat trafficking in persons and the unlawful smuggling of migrants, which repeals the 2007 Act. The Committee notes that this Act strengthens the framework for enforcing the prohibition of trafficking in persons, particularly by providing for the possibility to prosecute and penalize legal entities and to confiscate their assets (sections 14 and 17). The Act also strengthens the assistance and protection granted to victims during the judicial procedure, with victims having the possibility of requesting to remain on the national territory. Furthermore, section 39 of the Act provides for the creation of a national watchdog body for action to combat trafficking in persons and assimilated practices.

The Committee requests the Government to provide detailed information on the measures taken for the implementation of the various aspects of Act No. 133/AN/16/7th of 2016, and particularly information on the prosecutions initiated and the penalties imposed. The Committee recalls the importance of raising awareness among the population and the competent authorities of problems relating to trafficking in persons and requests the Government to provide information on the measures taken for this purpose. The Committee also requests the Government to strengthen the capacities of the authorities to identify and protect victims, whether or not in relation to judicial proceedings. Please also provide information on the establishment of a national watchdog body on action to combat trafficking in persons, and the measures taken by that body.

2. Freedom of State employees to leave their employment. In reply to the Committee’s comments on the procedures for the resignation of civilian and military public employees, the Government indicates in its report that there are no legislative provisions or regulations imposing ten years of service on State civilian and military officials. This situation does not exist in practice. The procedures for resignation in the public service are set out in section 19 of Decree No. 84 058/PR/FP of 19 June 1984, which provides that the resignation application “shall only be valid after acceptance by the authority exercising the power of appointment and shall take effect on the date set by that authority … . If the competent authority refuses to accept the resignation, the person concerned may appeal to the joint administrative board.” For military officials, resignation is regulated by section 69 of Decree No. 88-043/PRE of 31 May 1988 issuing the conditions of service of military personnel, which specifies that the application by the person concerned shall be “addressed to the authority exercising the power of appointment and shall take effect on the date set by that authority. The decision of the competent authority shall take effect within a maximum of three months.”

Noting that the Government has indicated on several occasions in the past that any person wishing to leave the service of the State can do so without penalty, the Committee requests the Government to indicate in future reports any change in this practice, with an indication of whether applications to resign by civilian or military State employees have been refused. Where appropriate, please indicate the grounds for such refusals.

With regard to military doctors and pharmacists, the Committee previously requested the Government to provide information on the measures taken to amend section 8 of Decree No. 91-029/PR/DEF of 7 March 1991 issuing the specific conditions of service of military doctors, pharmacists and officers 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, subject to the conditions which may normally be required to ensure continuity of the public service.

The Government indicates in its report that Decree No. 91-029/PR/DEF has been repealed and replaced by Decree No. 2014-247/PR/MD of 14 September 2014 issuing the specific conditions of service of military doctors, dentists, pharmacists and officers of the technical and administrative corps of the army health service. Section 24 specifies two recruitment situations, either directly or indirectly, for which the required period of service differs. Doctors, dentists and pharmacists who are recruited directly are officers and are required to serve for 25 years, including ten additional years following their specialization. Doctors, dentists and pharmacists who are indirectly recruited are covered by a service requirement of 15 years, whether or not they are specialized when they are recruited or have become specialized following recruitment to the army. Amendments to enable doctors, dentists and pharmacists to resign from the service in times of peace within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure continuity of the public service, will be proposed to the competent authorities. In view of the complexity of the situation, the Government requests the technical assistance of the Office to bring its laws and regulations into conformity with the Convention.

The Committee notes this information and hopes that, with the ILO technical assistance that it has requested, the Government will be able to take appropriate measures to ensure that, in law and practice, doctors, dentists and pharmacists of the army are able to resign from the service in times of peace. While awaiting the adoption of further measures, the Committee requests the Government to provide information on the application in practice of Decree No. 2014-247/PR/MD of 14 September 2014 and to indicate the reasons for any refusals to accept resignation applications, particularly in cases where the training and specialization of doctors, dentists and pharmacists has been financed by the armed forces.