Repetition

Article 9(3) of the Convention. Employers’ registers. In its previous comments, the Committee noted that section 209 of the Labour Code requires every employer to keep, at the place of work, an up-to-date register or any other document established in accordance with appropriate and modern procedures for the purpose of recording all such information as shall enable the competent labour services to carry out supervision. The same provision establishes that an order issued on the proposal of the Minister of Labour shall establish the content of the register or document and the conditions in which it must be kept available for the labour inspection services. The Committee reminded the Government that, according to Article 9(3) of the Convention, the registers that must be kept by the employer shall contain the names and ages or dates of birth, duly certified, wherever possible, of persons whom he employs, or who work for him, and who are less than 18 years of age.

The Committee notes the Government’s indication, in its report, that it is planning to submit to the National Council for Labour, Employment and Social Security (CONTESS) a draft order prescribing the contents of employers’ registers pursuant to section 209 of the Labour Code. The Committee requests that the Government provide information on all progress made regarding the adoption of the order and to ensure that registers to be kept by the employer contain at least the names and ages or dates of birth, duly certified wherever possible, of persons whom he employs, or who work for him, and who are under 18 years of age.

Repetition

Article 1 of the Convention. National policy to ensure the effective abolition of child labour; application of the Convention in practice. In its previous comments, the Committee noted the Decent Work Country Programme (DWCP) 2008–12 for Djibouti, which prioritized, inter alia, the improvement of conditions of work by promoting national and international labour standards, with a particular focus on child labour. The Committee also noted the adoption of the National Strategic Plan for Children in Djibouti (PSNED) for the 2011–2015 period, with the goal of establishing a protective environment conducive to the observance of the fundamental rights of children. The Committee asked the Government to provide information on the implementation of the DWCP and the PSNED and on the results achieved regarding the progressive elimination of child labour. It also asked the Government to provide information on progress made in framing a national policy to combat child labour.

The Committee notes that, according to UNICEF, for the 2002–12 period, 7.7 per cent of children between five and 14 years of age in Djibouti were engaged in activities deemed to be work. The Committee notes the Government’s indication in its report that it is not in a position to communicate the results achieved through the PSNED since the studies conducted are still in draft form. The Government also indicates that the DWCP could not be adopted owing to a lack of agreement with the trade unions and it hopes for a resumption of social dialogue, with ILO assistance, with a view to adoption and implementation of the DWCP in the near future. The Committee also notes the “Djibouti Compendium of Statistics” attached to the Government’s report and the Government’s statement that the Directorate of Statistics and Demographic Studies (DISED) has not undertaken any survey in relation to child labour. The Committee firmly hopes for a resumption of social dialogue without delay and requests that the Government take the necessary steps to ensure the effective implementation of the DWCP and the PSNED. It requests that the Government provide information on the results achieved regarding the progressive elimination of child labour and on progress made in framing a national policy to combat child labour. Lastly, the Committee again requests that the Government take the necessary measures to ensure that studies on the extent and nature of child labour in Djibouti are conducted in the near future, and that the results are then communicated to the Office.

Article 2(1). Scope of application and labour inspection. The Committee previously noted that, by virtue of section 1 of Act No. 133/AN/05/5ème issuing the Labour Code (hereinafter: Labour Code), the Labour Code applies only to employment relationships. It also noted the Government’s indication that the provision on the minimum age for access to work is observed in the formal sector but is not applied effectively in the informal economy. The Committee further noted that, despite new Act No. 199/AN/13/6ème, supplementing Act No. 212/AN/07/5ème establishing the National Social Security Fund, which extends health-care benefits to all self-employed workers in the informal economy, the Government recognized that the lack of structure in the informal economy prevented the identification of issues faced by young workers in the sector.

The Committee notes the Government’s indication that it hopes to submit the question of informal work to the National Labour Council, with a particular focus on the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204). The Committee recalls that the Convention applies to all branches of economic activity, whether formal or informal, and that it covers all types of employment or work, whether or not it is effected on the basis of a dependent employment relationship, and whether or not it is remunerated. The Committee therefore requests that the Government take steps to ensure that the protection afforded by the Convention is secured to children under 16 years of age working in the informal economy, particularly by adapting and strengthening the labour inspectorate in order to improve labour inspectors’ capacity to identify cases of child labour. It requests that the Government provide information on this matter and also to communicate the results achieved.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, according to section 4 of Act No. 96/AN/00/4ème setting out the policy for Djibouti’s education system, the State guarantees education for children from the age of six to 16 years. The Committee also noted that, in 2006, the net primary school enrolment rate was 66.2 per cent and at secondary level the rate was 41 per cent.

The Committee notes that, despite the improvements in school attendance, Djibouti still has a low school enrolment rate and that the goal, established in the PSNED, of achieving a 100 per cent enrolment rate for children in the 6–10 age group by 2015 was not achieved. Indeed, in 2014, according to the UNESCO Institute of Statistics, the attendance rate was 67.39 per cent in primary education and 46.35 per cent in secondary education. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests that the Government intensify its efforts and take measures that will ensure children’s participation in compulsory basic schooling, or in an equivalent setting. It requests that the Government provide information on the recent measures taken to increase the school attendance rate, at both primary and secondary levels, so as to prevent children under 16 years of age from working. It further requests that the Government provide recent statistics on the primary and secondary school enrolment rates in Djibouti.

Article 3(1). Age of admission to hazardous work. The Committee previously noted that, according to section 112 of the Labour Code, at the request of a labour inspector, women or young persons between 16 and 18 years of age may not be placed in employment recognized as being beyond their strength by an approved doctor. However, the Committee observed that the national legislation does not appear expressly to establish, as Article 3(1) of the Convention requires, a minimum age of 18 years for any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons. Noting once again the lack of information on this matter in the Government’s report, the Committee again requests that the Government take the necessary measures to ensure that no person under 18 years of age is authorized to engage in hazardous work, in accordance with Article 3(1). It requests that the Government provide information on the progress made in this regard.

Article 3(2). Determination of hazardous types of work. The Committee recalls that, according to section 110 of the Labour Code, the employment of young persons in domestic work, hotels and bars is strictly prohibited, with the exception of employment strictly in the area of catering. Furthermore, under section 111 of the Labour Code, an order adopted on the proposal of the Minister of Labour and the Minister of Health, after consultation with the National Council for Labour, Employment and Social Security (CONTESS), shall determine the nature of the work and the categories of enterprise prohibited for all women, pregnant women and young people, and the applicable minimum age. The Committee previously asked the Government to adopt such an order on jobs and enterprises prohibited for young people.

The Committee again notes the Government’s indication that the order in question has been drawn up and that it has pledged to refer the adoption thereof to CONTESS. It also indicates that no controls have been undertaken to date by the labour inspectorate on hazardous types of work performed by young people. The Committee again requests that the Government take the necessary steps as a matter of urgency to ensure that the order determining the nature of the work and the categories of enterprise prohibited for young people under 18 years of age is adopted under section 111 of the Labour Code in the near future.

Noting the interest expressed by the Government in obtaining technical assistance from the Office, the Committee invites the Government to avail itself of ILO technical assistance in order to facilitate the application of the Convention.

Repetition

Article 9(3) of the Convention. Employers’ registers. In its previous comments, the Committee noted that section 209 of the Labour Code requires every employer to keep, at the place of work, an up-to-date register or any other document established in accordance with appropriate and modern procedures for the purpose of recording all such information as shall enable the competent labour services to carry out supervision. The same provision establishes that an order issued on the proposal of the Minister of Labour shall establish the content of the register or document and the conditions in which it must be kept available for the labour inspection services. The Committee reminded the Government that, according to Article 9(3) of the Convention, the registers that must be kept by the employer shall contain the names and ages or dates of birth, duly certified, wherever possible, of persons whom he employs, or who work for him, and who are less than 18 years of age.

The Committee notes the Government’s indication, in its report, that it is planning to submit to the National Council for Labour, Employment and Social Security (CONTESS) a draft order prescribing the contents of employers’ registers pursuant to section 209 of the Labour Code. The Committee requests that the Government provide information on all progress made regarding the adoption of the order and to ensure that registers to be kept by the employer contain at least the names and ages or dates of birth, duly certified wherever possible, of persons whom he employs, or who work for him, and who are under 18 years of age.

Repetition

Article 1 of the Convention. National policy to ensure the effective abolition of child labour; application of the Convention in practice. In its previous comments, the Committee noted the Decent Work Country Programme (DWCP) 2008–12 for Djibouti, which prioritized, inter alia, the improvement of conditions of work by promoting national and international labour standards, with a particular focus on child labour. The Committee also noted the adoption of the National Strategic Plan for Children in Djibouti (PSNED) for the 2011–2015 period, with the goal of establishing a protective environment conducive to the observance of the fundamental rights of children. The Committee asked the Government to provide information on the implementation of the DWCP and the PSNED and on the results achieved regarding the progressive elimination of child labour. It also asked the Government to provide information on progress made in framing a national policy to combat child labour.

The Committee notes that, according to UNICEF, for the 2002–12 period, 7.7 per cent of children between five and 14 years of age in Djibouti were engaged in activities deemed to be work. The Committee notes the Government’s indication in its report that it is not in a position to communicate the results achieved through the PSNED since the studies conducted are still in draft form. The Government also indicates that the DWCP could not be adopted owing to a lack of agreement with the trade unions and it hopes for a resumption of social dialogue, with ILO assistance, with a view to adoption and implementation of the DWCP in the near future. The Committee also notes the “Djibouti Compendium of Statistics” attached to the Government’s report and the Government’s statement that the Directorate of Statistics and Demographic Studies (DISED) has not undertaken any survey in relation to child labour. The Committee firmly hopes for a resumption of social dialogue without delay and requests that the Government take the necessary steps to ensure the effective implementation of the DWCP and the PSNED. It requests that the Government provide information on the results achieved regarding the progressive elimination of child labour and on progress made in framing a national policy to combat child labour. Lastly, the Committee again requests that the Government take the necessary measures to ensure that studies on the extent and nature of child labour in Djibouti are conducted in the near future, and that the results are then communicated to the Office.

Article 2(1). Scope of application and labour inspection. The Committee previously noted that, by virtue of section 1 of Act No. 133/AN/05/5ème issuing the Labour Code (hereinafter: Labour Code), the Labour Code applies only to employment relationships. It also noted the Government’s indication that the provision on the minimum age for access to work is observed in the formal sector but is not applied effectively in the informal economy. The Committee further noted that, despite new Act No. 199/AN/13/6ème, supplementing Act No. 212/AN/07/5ème establishing the National Social Security Fund, which extends health-care benefits to all self-employed workers in the informal economy, the Government recognized that the lack of structure in the informal economy prevented the identification of issues faced by young workers in the sector.

The Committee notes the Government’s indication that it hopes to submit the question of informal work to the National Labour Council, with a particular focus on the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204). The Committee recalls that the Convention applies to all branches of economic activity, whether formal or informal, and that it covers all types of employment or work, whether or not it is effected on the basis of a dependent employment relationship, and whether or not it is remunerated. The Committee therefore requests that the Government take steps to ensure that the protection afforded by the Convention is secured to children under 16 years of age working in the informal economy, particularly by adapting and strengthening the labour inspectorate in order to improve labour inspectors’ capacity to identify cases of child labour. It requests that the Government provide information on this matter and also to communicate the results achieved.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, according to section 4 of Act No. 96/AN/00/4ème setting out the policy for Djibouti’s education system, the State guarantees education for children from the age of six to 16 years. The Committee also noted that, in 2006, the net primary school enrolment rate was 66.2 per cent and at secondary level the rate was 41 per cent.

The Committee notes that, despite the improvements in school attendance, Djibouti still has a low school enrolment rate and that the goal, established in the PSNED, of achieving a 100 per cent enrolment rate for children in the 6–10 age group by 2015 was not achieved. Indeed, in 2014, according to the UNESCO Institute of Statistics, the attendance rate was 67.39 per cent in primary education and 46.35 per cent in secondary education. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests that the Government intensify its efforts and take measures that will ensure children’s participation in compulsory basic schooling, or in an equivalent setting. It requests that the Government provide information on the recent measures taken to increase the school attendance rate, at both primary and secondary levels, so as to prevent children under 16 years of age from working. It further requests that the Government provide recent statistics on the primary and secondary school enrolment rates in Djibouti.

Article 3(1). Age of admission to hazardous work. The Committee previously noted that, according to section 112 of the Labour Code, at the request of a labour inspector, women or young persons between 16 and 18 years of age may not be placed in employment recognized as being beyond their strength by an approved doctor. However, the Committee observed that the national legislation does not appear expressly to establish, as Article 3(1) of the Convention requires, a minimum age of 18 years for any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons. Noting once again the lack of information on this matter in the Government’s report, the Committee again requests that the Government take the necessary measures to ensure that no person under 18 years of age is authorized to engage in hazardous work, in accordance with Article 3(1). It requests that the Government provide information on the progress made in this regard.

Article 3(2). Determination of hazardous types of work. The Committee recalls that, according to section 110 of the Labour Code, the employment of young persons in domestic work, hotels and bars is strictly prohibited, with the exception of employment strictly in the area of catering. Furthermore, under section 111 of the Labour Code, an order adopted on the proposal of the Minister of Labour and the Minister of Health, after consultation with the National Council for Labour, Employment and Social Security (CONTESS), shall determine the nature of the work and the categories of enterprise prohibited for all women, pregnant women and young people, and the applicable minimum age. The Committee previously asked the Government to adopt such an order on jobs and enterprises prohibited for young people.

The Committee again notes the Government’s indication that the order in question has been drawn up and that it has pledged to refer the adoption thereof to CONTESS. It also indicates that no controls have been undertaken to date by the labour inspectorate on hazardous types of work performed by young people. The Committee again requests that the Government take the necessary steps as a matter of urgency to ensure that the order determining the nature of the work and the categories of enterprise prohibited for young people under 18 years of age is adopted under section 111 of the Labour Code in the near future.

Noting the interest expressed by the Government in obtaining technical assistance from the Office, the Committee invites the Government to avail itself of ILO technical assistance in order to facilitate the application of the Convention.

Repetition

Article 9(3) of the Convention. Employers’ registers. In its previous comments, the Committee noted that section 209 of the Labour Code requires every employer to keep, at the place of work, an up-to-date register or any other document established in accordance with appropriate and modern procedures for the purpose of recording all such information as shall enable the competent labour services to carry out supervision. The same provision establishes that an order issued on the proposal of the Minister of Labour shall establish the content of the register or document and the conditions in which it must be kept available for the labour inspection services. The Committee reminded the Government that, according to Article 9(3) of the Convention, the registers that must be kept by the employer shall contain the names and ages or dates of birth, duly certified, wherever possible, of persons whom he employs, or who work for him, and who are less than 18 years of age.

The Committee notes the Government’s indication, in its report, that it is planning to submit to the National Council for Labour, Employment and Social Security (CONTESS) a draft order prescribing the contents of employers’ registers pursuant to section 209 of the Labour Code. The Committee requests that the Government provide information on all progress made regarding the adoption of the order and to ensure that registers to be kept by the employer contain at least the names and ages or dates of birth, duly certified wherever possible, of persons whom he employs, or who work for him, and who are under 18 years of age.

Repetition

Article 1 of the Convention. National policy to ensure the effective abolition of child labour; application of the Convention in practice. In its previous comments, the Committee noted the Decent Work Country Programme (DWCP) 2008–12 for Djibouti, which prioritized, inter alia, the improvement of conditions of work by promoting national and international labour standards, with a particular focus on child labour. The Committee also noted the adoption of the National Strategic Plan for Children in Djibouti (PSNED) for the 2011–2015 period, with the goal of establishing a protective environment conducive to the observance of the fundamental rights of children. The Committee asked the Government to provide information on the implementation of the DWCP and the PSNED and on the results achieved regarding the progressive elimination of child labour. It also asked the Government to provide information on progress made in framing a national policy to combat child labour.

The Committee notes that, according to UNICEF, for the 2002–12 period, 7.7 per cent of children between five and 14 years of age in Djibouti were engaged in activities deemed to be work. The Committee notes the Government’s indication in its report that it is not in a position to communicate the results achieved through the PSNED since the studies conducted are still in draft form. The Government also indicates that the DWCP could not be adopted owing to a lack of agreement with the trade unions and it hopes for a resumption of social dialogue, with ILO assistance, with a view to adoption and implementation of the DWCP in the near future. The Committee also notes the “Djibouti Compendium of Statistics” attached to the Government’s report and the Government’s statement that the Directorate of Statistics and Demographic Studies (DISED) has not undertaken any survey in relation to child labour. The Committee firmly hopes for a resumption of social dialogue without delay and requests that the Government take the necessary steps to ensure the effective implementation of the DWCP and the PSNED. It requests that the Government provide information on the results achieved regarding the progressive elimination of child labour and on progress made in framing a national policy to combat child labour. Lastly, the Committee again requests that the Government take the necessary measures to ensure that studies on the extent and nature of child labour in Djibouti are conducted in the near future, and that the results are then communicated to the Office.

Article 2(1). Scope of application and labour inspection. The Committee previously noted that, by virtue of section 1 of Act No. 133/AN/05/5ème issuing the Labour Code (hereinafter: Labour Code), the Labour Code applies only to employment relationships. It also noted the Government’s indication that the provision on the minimum age for access to work is observed in the formal sector but is not applied effectively in the informal economy. The Committee further noted that, despite new Act No. 199/AN/13/6ème, supplementing Act No. 212/AN/07/5ème establishing the National Social Security Fund, which extends health-care benefits to all self-employed workers in the informal economy, the Government recognized that the lack of structure in the informal economy prevented the identification of issues faced by young workers in the sector.

The Committee notes the Government’s indication that it hopes to submit the question of informal work to the National Labour Council, with a particular focus on the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204). The Committee recalls that the Convention applies to all branches of economic activity, whether formal or informal, and that it covers all types of employment or work, whether or not it is effected on the basis of a dependent employment relationship, and whether or not it is remunerated. The Committee therefore requests that the Government take steps to ensure that the protection afforded by the Convention is secured to children under 16 years of age working in the informal economy, particularly by adapting and strengthening the labour inspectorate in order to improve labour inspectors’ capacity to identify cases of child labour. It requests that the Government provide information on this matter and also to communicate the results achieved.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, according to section 4 of Act No. 96/AN/00/4ème setting out the policy for Djibouti’s education system, the State guarantees education for children from the age of six to 16 years. The Committee also noted that, in 2006, the net primary school enrolment rate was 66.2 per cent and at secondary level the rate was 41 per cent.

The Committee notes that, despite the improvements in school attendance, Djibouti still has a low school enrolment rate and that the goal, established in the PSNED, of achieving a 100 per cent enrolment rate for children in the 6–10 age group by 2015 was not achieved. Indeed, in 2014, according to the UNESCO Institute of Statistics, the attendance rate was 67.39 per cent in primary education and 46.35 per cent in secondary education. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests that the Government intensify its efforts and take measures that will ensure children’s participation in compulsory basic schooling, or in an equivalent setting. It requests that the Government provide information on the recent measures taken to increase the school attendance rate, at both primary and secondary levels, so as to prevent children under 16 years of age from working. It further requests that the Government provide recent statistics on the primary and secondary school enrolment rates in Djibouti.

Article 3(1). Age of admission to hazardous work. The Committee previously noted that, according to section 112 of the Labour Code, at the request of a labour inspector, women or young persons between 16 and 18 years of age may not be placed in employment recognized as being beyond their strength by an approved doctor. However, the Committee observed that the national legislation does not appear expressly to establish, as Article 3(1) of the Convention requires, a minimum age of 18 years for any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons. Noting once again the lack of information on this matter in the Government’s report, the Committee again requests that the Government take the necessary measures to ensure that no person under 18 years of age is authorized to engage in hazardous work, in accordance with Article 3(1). It requests that the Government provide information on the progress made in this regard.

Article 3(2). Determination of hazardous types of work. The Committee recalls that, according to section 110 of the Labour Code, the employment of young persons in domestic work, hotels and bars is strictly prohibited, with the exception of employment strictly in the area of catering. Furthermore, under section 111 of the Labour Code, an order adopted on the proposal of the Minister of Labour and the Minister of Health, after consultation with the National Council for Labour, Employment and Social Security (CONTESS), shall determine the nature of the work and the categories of enterprise prohibited for all women, pregnant women and young people, and the applicable minimum age. The Committee previously asked the Government to adopt such an order on jobs and enterprises prohibited for young people.

The Committee again notes the Government’s indication that the order in question has been drawn up and that it has pledged to refer the adoption thereof to CONTESS. It also indicates that no controls have been undertaken to date by the labour inspectorate on hazardous types of work performed by young people. The Committee again requests that the Government take the necessary steps as a matter of urgency to ensure that the order determining the nature of the work and the categories of enterprise prohibited for young people under 18 years of age is adopted under section 111 of the Labour Code in the near future.

Noting the interest expressed by the Government in obtaining technical assistance from the Office, the Committee invites the Government to avail itself of ILO technical assistance in order to facilitate the application of the Convention.

Repetition

Article 9(3) of the Convention. Employers’ registers. In its previous comments, the Committee noted that section 209 of the Labour Code requires every employer to keep, at the place of work, an up-to-date register or any other document established in accordance with appropriate and modern procedures for the purpose of recording all such information as shall enable the competent labour services to carry out supervision. The same provision establishes that an order issued on the proposal of the Minister of Labour shall establish the content of the register or document and the conditions in which it must be kept available for the labour inspection services. The Committee reminded the Government that, according to Article 9(3) of the Convention, the registers that must be kept by the employer shall contain the names and ages or dates of birth, duly certified, wherever possible, of persons whom he employs, or who work for him, and who are less than 18 years of age.

The Committee notes the Government’s indication, in its report, that it is planning to submit to the National Council for Labour, Employment and Social Security (CONTESS) a draft order prescribing the contents of employers’ registers pursuant to section 209 of the Labour Code. The Committee requests that the Government provide information on all progress made regarding the adoption of the order and to ensure that registers to be kept by the employer contain at least the names and ages or dates of birth, duly certified wherever possible, of persons whom he employs, or who work for him, and who are under 18 years of age.

Repetition

Article 1 of the Convention. National policy to ensure the effective abolition of child labour; application of the Convention in practice. In its previous comments, the Committee noted the Decent Work Country Programme (DWCP) 2008–12 for Djibouti, which prioritized, inter alia, the improvement of conditions of work by promoting national and international labour standards, with a particular focus on child labour. The Committee also noted the adoption of the National Strategic Plan for Children in Djibouti (PSNED) for the 2011–2015 period, with the goal of establishing a protective environment conducive to the observance of the fundamental rights of children. The Committee asked the Government to provide information on the implementation of the DWCP and the PSNED and on the results achieved regarding the progressive elimination of child labour. It also asked the Government to provide information on progress made in framing a national policy to combat child labour.

The Committee notes that, according to UNICEF, for the 2002–12 period, 7.7 per cent of children between five and 14 years of age in Djibouti were engaged in activities deemed to be work. The Committee notes the Government’s indication in its report that it is not in a position to communicate the results achieved through the PSNED since the studies conducted are still in draft form. The Government also indicates that the DWCP could not be adopted owing to a lack of agreement with the trade unions and it hopes for a resumption of social dialogue, with ILO assistance, with a view to adoption and implementation of the DWCP in the near future. The Committee also notes the “Djibouti Compendium of Statistics” attached to the Government’s report and the Government’s statement that the Directorate of Statistics and Demographic Studies (DISED) has not undertaken any survey in relation to child labour. The Committee firmly hopes for a resumption of social dialogue without delay and requests that the Government take the necessary steps to ensure the effective implementation of the DWCP and the PSNED. It requests that the Government provide information on the results achieved regarding the progressive elimination of child labour and on progress made in framing a national policy to combat child labour. Lastly, the Committee again requests that the Government take the necessary measures to ensure that studies on the extent and nature of child labour in Djibouti are conducted in the near future, and that the results are then communicated to the Office.

Article 2(1). Scope of application and labour inspection. The Committee previously noted that, by virtue of section 1 of Act No. 133/AN/05/5ème issuing the Labour Code (hereinafter: Labour Code), the Labour Code applies only to employment relationships. It also noted the Government’s indication that the provision on the minimum age for access to work is observed in the formal sector but is not applied effectively in the informal economy. The Committee further noted that, despite new Act No. 199/AN/13/6ème, supplementing Act No. 212/AN/07/5ème establishing the National Social Security Fund, which extends health-care benefits to all self-employed workers in the informal economy, the Government recognized that the lack of structure in the informal economy prevented the identification of issues faced by young workers in the sector.

The Committee notes the Government’s indication that it hopes to submit the question of informal work to the National Labour Council, with a particular focus on the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204). The Committee recalls that the Convention applies to all branches of economic activity, whether formal or informal, and that it covers all types of employment or work, whether or not it is effected on the basis of a dependent employment relationship, and whether or not it is remunerated. The Committee therefore requests that the Government take steps to ensure that the protection afforded by the Convention is secured to children under 16 years of age working in the informal economy, particularly by adapting and strengthening the labour inspectorate in order to improve labour inspectors’ capacity to identify cases of child labour. It requests that the Government provide information on this matter and also to communicate the results achieved.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, according to section 4 of Act No. 96/AN/00/4ème setting out the policy for Djibouti’s education system, the State guarantees education for children from the age of six to 16 years. The Committee also noted that, in 2006, the net primary school enrolment rate was 66.2 per cent and at secondary level the rate was 41 per cent.

The Committee notes that, despite the improvements in school attendance, Djibouti still has a low school enrolment rate and that the goal, established in the PSNED, of achieving a 100 per cent enrolment rate for children in the 6–10 age group by 2015 was not achieved. Indeed, in 2014, according to the UNESCO Institute of Statistics, the attendance rate was 67.39 per cent in primary education and 46.35 per cent in secondary education. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests that the Government intensify its efforts and take measures that will ensure children’s participation in compulsory basic schooling, or in an equivalent setting. It requests that the Government provide information on the recent measures taken to increase the school attendance rate, at both primary and secondary levels, so as to prevent children under 16 years of age from working. It further requests that the Government provide recent statistics on the primary and secondary school enrolment rates in Djibouti.

Article 3(1). Age of admission to hazardous work. The Committee previously noted that, according to section 112 of the Labour Code, at the request of a labour inspector, women or young persons between 16 and 18 years of age may not be placed in employment recognized as being beyond their strength by an approved doctor. However, the Committee observed that the national legislation does not appear expressly to establish, as Article 3(1) of the Convention requires, a minimum age of 18 years for any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons. Noting once again the lack of information on this matter in the Government’s report, the Committee again requests that the Government take the necessary measures to ensure that no person under 18 years of age is authorized to engage in hazardous work, in accordance with Article 3(1). It requests that the Government provide information on the progress made in this regard.

Article 3(2). Determination of hazardous types of work. The Committee recalls that, according to section 110 of the Labour Code, the employment of young persons in domestic work, hotels and bars is strictly prohibited, with the exception of employment strictly in the area of catering. Furthermore, under section 111 of the Labour Code, an order adopted on the proposal of the Minister of Labour and the Minister of Health, after consultation with the National Council for Labour, Employment and Social Security (CONTESS), shall determine the nature of the work and the categories of enterprise prohibited for all women, pregnant women and young people, and the applicable minimum age. The Committee previously asked the Government to adopt such an order on jobs and enterprises prohibited for young people.

The Committee again notes the Government’s indication that the order in question has been drawn up and that it has pledged to refer the adoption thereof to CONTESS. It also indicates that no controls have been undertaken to date by the labour inspectorate on hazardous types of work performed by young people. The Committee again requests that the Government take the necessary steps as a matter of urgency to ensure that the order determining the nature of the work and the categories of enterprise prohibited for young people under 18 years of age is adopted under section 111 of the Labour Code in the near future.

Noting the interest expressed by the Government in obtaining technical assistance from the Office, the Committee invites the Government to avail itself of ILO technical assistance in order to facilitate the application of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

Repetition

Article 1 of the Convention. National policy to ensure the effective abolition of child labour and application of the Convention in practice. In its previous comments the Committee noted that, according to UNICEF, 8 per cent of children between 5 and 14 years of age in Djibouti are engaged in activities deemed to be work. The Government indicated that it hoped to conduct a national survey to obtain more accurate data at the next meeting of the National Labour, Employment and Vocational Training Council. The Committee further noted Djibouti’s Decent Work Country Programme (DWCP) 2008–12, which prioritized, inter alia, the improvement of conditions of work by promoting national and international labour standards, with a particular focus on child labour.

The Committee notes the Government’s indication that the National Council for Labour, Employment and Vocational Training has been replaced with the new National Council for Labour, Employment and Social Security (CONTESS), established by Decree No. 2012-273/PR/MTRA of 30 December 2012, to which the formalities for the national survey for obtaining more recent data will soon be submitted. The Government also indicates that, in the context of the DWCP, Djibouti has indeed given particular attention to child labour and that, in the wake of the technical cooperation evaluation mission with the ILO in March 2011, the Government has reiterated its commitment to implementing the DWCP. Moreover, the Committee notes that, according to the examination by the United Nations Human Rights Committee on 13 July 2012 of the report submitted by Djibouti under the International Covenant on Civil and Political Rights (CCPR/C/DJI/1, paragraph 243), the Government adopted the National Strategic Plan for Children in Djibouti (PSNED) for the 2011–15 period. The PSNED constitutes the reference document for all action by stakeholders endeavouring to establish a protective environment conducive to the observance of the fundamental rights of children and must secure to children the effective application of the provisions of international instruments relating to the rights of the child. The Committee requests the Government to provide information in its next report on the implementation of the DWCP and the PSNED and also on the results achieved regarding the progressive elimination of child labour. It further requests it to provide information on progress made in framing a national policy to combat child labour. Lastly, it requests the Government to take the necessary measures to ensure that the national survey and the studies on the extent and nature of child labour in Djibouti are conducted in the near future and that the results are then communicated to the Office.

Article 2(1). Scope of application. The Committee previously noted that, by virtue of section 1 of Act No. 133/AN/05/5ème issuing the Labour Code (hereinafter: Labour Code), the Labour Code applies to the employment relationship between workers and employers. Section 1 also defines a worker as anyone who has undertaken to place his occupational activity under the supervision and authority of another natural or legal person in return for remuneration. The Committee observed that this provision suggests that the Labour Code applies only to an employment relationship. It further noted that, according to the Government, the provision on the minimum age for access to work is observed in the formal sector but is not applied effectively in the informal economy. The Committee therefore reminded the Government that the Convention applies to all sectors of economic activity, whether formal or informal, and covers all types of employment or work whether or not it is performed on the basis of a subordinate employment relationship and whether or not it is remunerated.

The Committee notes the Government’s indication that new Act No. 199/AN/13/6ème, supplementing Act No. 212/AN/07/5ème establishing the National Social Security Fund, extends health-care benefits to all self-employed workers in the informal economy. However, the Committee also notes that the Government recognizes that the lack of structure in the informal economy prevents the identification of issues faced by young workers in the sector. The Committee requests the Government to take steps to ensure that the protection afforded by the Convention is secured to children under 16 years of age working in the informal economy, particularly by adapting and strengthening the labour inspectorate in order to improve labour inspectors’ capacity to identify cases of child labour. It requests the Government to provide information on this matter and also communicate the results achieved.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, according to section 4 of Act No. 96/AN/00/4ème setting out policy for Djibouti’s education system, the State guarantees education for children from the age of 6 to 16 years. However, the Committee noted that, according to UNICEF statistics, the net primary school enrolment rate was 37 per cent for boys and 30 per cent for girls for the years 2000–06. At secondary school level, the rates were 27 per cent for boys and 18 per cent for girls. The Committee therefore expressed its concern at the large number of children who are not enrolled in school in Djibouti.

The Committee notes that, according to the 2009 UNICEF national report for Djibouti, there has been an improvement in general secondary education, the net school enrolment rate having increased to 41 per cent in 2006 (44.1 per cent for boys and 37.8 per cent for girls). While taking note of the Government’s efforts and the results achieved with regard to school enrolment, the Committee notes the indication in the 2009 UNICEF national report that, despite these improvements, Djibouti still has a low school enrolment rate. Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to intensify its efforts and take measures that will ensure children’s participation in compulsory basic schooling or in an informal schooling system. It requests the Government to provide information on the measures taken to increase the school attendance rate, at both primary and secondary levels, so as to prevent children under 16 years of age from working. The Government is also requested to provide recent statistics on the primary and secondary school enrolment rates in Djibouti.

Article 3(1). Age of admission to hazardous work. The Committee previously noted that, according to section 112 of the Labour Code, women or young persons between 16 and 18 years of age may not be placed in employment recognized as being beyond their strength by an approved doctor at the request of a labour inspector. However, the Committee observed that the legislation does not appear expressly to establish, as Article 3(1) of the Convention requires, a minimum age of 18 years for any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons. Noting the lack of information on this matter in the Government’s report, the Committee again requests the Government to take the necessary measures to ensure that no person under 18 years of age, other than in the exceptional cases allowed by the Convention, shall be authorized to engage in hazardous work, in accordance with Article 3(1). It requests the Government to provide information on the progress made in this regard.

Article 3(2). Determination of hazardous types of work. The Committee previously noted that, according to section 110 of the Labour Code, the employment of young persons in domestic work, hotels and bars is strictly prohibited, with the exception of employment strictly in the area of catering. Furthermore, under section 111 of the Labour Code, an order adopted on the proposal of the Minister of Labour and the Minister of Health after consultation with the National Council for Labour, Employment and Vocational Training, shall determine the nature of the work and the categories of enterprise prohibited for women, pregnant women and young people, and the applicable minimum age. The Committee previously asked the Government to indicate whether any such order on jobs and enterprises prohibited for young people had been adopted and, if so, to provide a copy of it with its next report.

The Committee notes the Government’s indication that it has been unable to adopt the order in question for calendar-related reasons but that it undertakes to place the adoption of such an order on the agenda of the next CONTESS meeting. The Committee requests the Government to take the necessary steps to ensure that an order determining the nature of the work and the categories of enterprise prohibited for young people, and the applicable minimum age, is adopted under section 111 of the Labour Code in the near future.

Article 9(3). Employers’ registers. The Committee previously noted that section 209 of the Labour Code requires every employer to keep, at the place of work, an up-to-date register or any other document established in accordance with appropriate and modern procedures for the purpose of recording all such information as shall enable the competent labour services to carry out supervision. The Committee further noted that the same provision establishes that an order issued on the proposal of the Minister of Labour shall establish the content of the register or document and the conditions in which it must be kept available for the labour inspection services. The Committee reminded the Government that, according to Article 9(3) of the Convention, the registers that must be kept by the employer shall contain the names and ages, or dates of birth, duly certified wherever possible, of persons whom he employs or who work for him and who are under 18 years of age.

The Committee notes the Government’s indication that it undertakes to draw up an order, pursuant to section 209 of the Labour Code, that is in conformity with the terms of Article 9(3) of the Convention. The Committee requests the Government to take the necessary measures in the near future to adopt an order relating to employers’ registers that is in keeping with the principles set out above, and to provide information on any progress made in this regard.

Repetition

Article 1 of the Convention. National policy to ensure the effective abolition of child labour and application of the Convention in practice. In its previous comments the Committee noted that, according to UNICEF, 8 per cent of children between 5 and 14 years of age in Djibouti are engaged in activities deemed to be work. The Government indicated that it hoped to conduct a national survey to obtain more accurate data at the next meeting of the National Labour, Employment and Vocational Training Council. The Committee further noted Djibouti’s Decent Work Country Programme (DWCP) 2008–12, which prioritized, inter alia, the improvement of conditions of work by promoting national and international labour standards, with a particular focus on child labour.

The Committee notes the Government’s indication that the National Council for Labour, Employment and Vocational Training has been replaced with the new National Council for Labour, Employment and Social Security (CONTESS), established by Decree No. 2012-273/PR/MTRA of 30 December 2012, to which the formalities for the national survey for obtaining more recent data will soon be submitted. The Government also indicates that, in the context of the DWCP, Djibouti has indeed given particular attention to child labour and that, in the wake of the technical cooperation evaluation mission with the ILO in March 2011, the Government has reiterated its commitment to implementing the DWCP. Moreover, the Committee notes that, according to the examination by the United Nations Human Rights Committee on 13 July 2012 of the report submitted by Djibouti under the International Covenant on Civil and Political Rights (CCPR/C/DJI/1, paragraph 243), the Government adopted the National Strategic Plan for Children in Djibouti (PSNED) for the 2011–15 period. The PSNED constitutes the reference document for all action by stakeholders endeavouring to establish a protective environment conducive to the observance of the fundamental rights of children and must secure to children the effective application of the provisions of international instruments relating to the rights of the child. The Committee requests the Government to provide information in its next report on the implementation of the DWCP and the PSNED and also on the results achieved regarding the progressive elimination of child labour. It further requests it to provide information on progress made in framing a national policy to combat child labour. Lastly, it requests the Government to take the necessary measures to ensure that the national survey and the studies on the extent and nature of child labour in Djibouti are conducted in the near future and that the results are then communicated to the Office.

Article 2(1). Scope of application. The Committee previously noted that, by virtue of section 1 of Act No. 133/AN/05/5ème issuing the Labour Code (hereinafter: Labour Code), the Labour Code applies to the employment relationship between workers and employers. Section 1 also defines a worker as anyone who has undertaken to place his occupational activity under the supervision and authority of another natural or legal person in return for remuneration. The Committee observed that this provision suggests that the Labour Code applies only to an employment relationship. It further noted that, according to the Government, the provision on the minimum age for access to work is observed in the formal sector but is not applied effectively in the informal economy. The Committee therefore reminded the Government that the Convention applies to all sectors of economic activity, whether formal or informal, and covers all types of employment or work whether or not it is performed on the basis of a subordinate employment relationship and whether or not it is remunerated.

The Committee notes the Government’s indication that new Act No. 199/AN/13/6ème, supplementing Act No. 212/AN/07/5ème establishing the National Social Security Fund, extends health-care benefits to all self-employed workers in the informal economy. However, the Committee also notes that the Government recognizes that the lack of structure in the informal economy prevents the identification of issues faced by young workers in the sector. The Committee requests the Government to take steps to ensure that the protection afforded by the Convention is secured to children under 16 years of age working in the informal economy, particularly by adapting and strengthening the labour inspectorate in order to improve labour inspectors’ capacity to identify cases of child labour. It requests the Government to provide information on this matter and also communicate the results achieved.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, according to section 4 of Act No. 96/AN/00/4ème setting out policy for Djibouti’s education system, the State guarantees education for children from the age of 6 to 16 years. However, the Committee noted that, according to UNICEF statistics, the net primary school enrolment rate was 37 per cent for boys and 30 per cent for girls for the years 2000–06. At secondary school level, the rates were 27 per cent for boys and 18 per cent for girls. The Committee therefore expressed its concern at the large number of children who are not enrolled in school in Djibouti.

The Committee notes the Government’s indication that the Djiboutian Multiple Indicator Survey (EDIM) of 2006 revealed a clear improvement in school enrolment in Djibouti. The net primary school enrolment rate for the country as a whole was 66.2 per cent in 2006 (66.7 per cent for boys and 65.7 per cent for girls). According to the 2009 UNICEF national report for Djibouti, there has also been an improvement in general secondary education, the net school enrolment rate having increased to 41 per cent in 2006 (44.1 per cent for boys and 37.8 per cent for girls). While taking note of the Government’s efforts and the results achieved with regard to school enrolment, the Committee notes the indication in the 2009 UNICEF national report that, despite these improvements, Djibouti still has a low school enrolment rate. Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to intensify its efforts and take measures that will ensure children’s participation in compulsory basic schooling or in an informal schooling system. It requests the Government to provide information on the measures taken to increase the school attendance rate, at both primary and secondary levels, so as to prevent children under 16 years of age from working. The Government is also requested to provide recent statistics on the primary and secondary school enrolment rates in Djibouti.

Article 3(1). Age of admission to hazardous work. The Committee previously noted that, according to section 112 of the Labour Code, women or young persons between 16 and 18 years of age may not be placed in employment recognized as being beyond their strength by an approved doctor at the request of a labour inspector. However, the Committee observed that the legislation does not appear expressly to establish, as Article 3(1) of the Convention requires, a minimum age of 18 years for any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons. Noting the lack of information on this matter in the Government’s report, the Committee again requests the Government to take the necessary measures to ensure that no person under 18 years of age, other than in the exceptional cases allowed by the Convention, shall be authorized to engage in hazardous work, in accordance with Article 3(1). It requests the Government to provide information in its next report on the progress made in this regard.

Article 3(2). Determination of hazardous types of work. The Committee previously noted that, according to section 110 of the Labour Code, the employment of young persons in domestic work, hotels and bars is strictly prohibited, with the exception of employment strictly in the area of catering. Furthermore, under section 111 of the Labour Code, an order adopted on the proposal of the Minister of Labour and the Minister of Health after consultation with the National Council for Labour, Employment and Vocational Training, shall determine the nature of the work and the categories of enterprise prohibited for women, pregnant women and young people, and the applicable minimum age. The Committee previously asked the Government to indicate whether any such order on jobs and enterprises prohibited for young people had been adopted and, if so, to provide a copy of it with its next report.

The Committee notes the Government’s indication that it has been unable to adopt the order in question for calendar-related reasons but that it undertakes to place the adoption of such an order on the agenda of the next CONTESS meeting. The Committee requests the Government to take the necessary steps to ensure that an order determining the nature of the work and the categories of enterprise prohibited for young people, and the applicable minimum age, is adopted under section 111 of the Labour Code in the near future.

Article 9(3). Employers’ registers. The Committee previously noted that section 209 of the Labour Code requires every employer to keep, at the place of work, an up-to-date register or any other document established in accordance with appropriate and modern procedures for the purpose of recording all such information as shall enable the competent labour services to carry out supervision. The Committee further noted that the same provision establishes that an order issued on the proposal of the Minister of Labour shall establish the content of the register or document and the conditions in which it must be kept available for the labour inspection services. The Committee reminded the Government that, according to Article 9(3) of the Convention, the registers that must be kept by the employer shall contain the names and ages, or dates of birth, duly certified wherever possible, of persons whom he employs or who work for him and who are under 18 years of age.

The Committee notes the Government’s indication that it undertakes to draw up an order, pursuant to section 209 of the Labour Code, that is in conformity with the terms of Article 9(3) of the Convention. The Committee requests the Government to take the necessary measures in the near future to adopt an order relating to employers’ registers that is in keeping with the principles set out above, and to provide information in its next report on any progress made in this regard.

Repetition

Article 1 of the Convention and Part V of the report form. National policy to ensure the effective abolition of child labour and practical application of the Convention. The Committee noted that Djibouti has a population of approximately 700,000 inhabitants, some 40 per cent of whom are children under 15 years of age and that, according to UNICEF statistics, 368,000 inhabitants are under 18 years of age. UNICEF likewise reports that in Djibouti, 8 per cent of the children aged from 15 to 14 years are engaged in activities deemed to be work. The Government indicated that it hopes to hold a national survey to obtain more realistic data at the next meeting of the National Labour, Employment and Vocational Training Council as soon as the conditions for convening it are met.

The Committee further noted that Djibouti’s Decent Work Country Programme (DWCP) 2008–12 is based on three priorities, including the improvement of conditions of work by promoting national and international labour standards, with particular emphasis on child labour. According to the DWCP paper, the programme will contribute to implementing measures that will enable the Government, the social partners and civil society to prevent and abolish child labour. The main priorities for this purpose are:

• (a) studies enabling light to be shed on the extent and nature of the problem and the necessary action to be better identified;
• (b) sensitizing and mobilizing those concerned;
• (c) consolidating the framework for action by improving coordination between the various legislative, economic and social policies.

The Committee also noted that Djibouti has obtained ILO support with regard to a 12-month SPROUT programme for social dialogue and employment policy. One outcome expected from its implementation is the formulation and application of a national policy to combat child labour. The Committee expresses its concern at the number of child workers and asks the Government to provide information on the implementation of the DWCP and the SPROUT programme and the results obtained in terms of gradually eliminating child labour. It also asks the Government to provide information on progress made in framing a national policy to combat child labour. Lastly, it requests the Government to provide information on progress made towards the national survey the Government wishes to conduct and the studies to be carried out on the extent and nature of child labour in Djibouti in accordance with the priorities of the DWCP.

Article 2(1). Scope of application. The Committee noted that, according to section 1 of Act No. 133/AN/05/5e issuing the Labour Code, the Code applies to industrial relations between workers and employers. This provision defines a worker as anyone who has undertaken to submit his occupational activity to the management and authority of another natural or legal person in exchange for remuneration. The Committee observed that this provision suggests that the Labour Code applies only to an employment relationship. It further noted that, according to the Government, the provision on the minimum age for access to work is observed in the formal sector but is not applied effectively in the informal economy. The Committee reminded the Government that the Convention applies to all sectors of economic activity, whether formal or informal, and covers all types of employment or work whether or not it is performed on the basis of a subordinate employment relationship and whether or not it is remunerated. The Committee therefore asks the Government to provide information on the manner in which children who are not bound by a subordinate employment relationship, such as those working on their own account, and children working in the informal economy, are provided with the protection established in the Convention.

Article 2(3). Age of completion of compulsory schooling. The Committee noted that according to section 4 of Act No. 96/AN/00/4e setting out policy for Djibouti’s education system, the State guarantees education for children of from 6 to 16 years of age. Furthermore, section 21 of Act No. 149/AN/02/4eL setting out economic and social policy for the Republic of Djibouti for the period 2001–10, guaranteeing access for all children of from 6 to 16 years of age to high-quality, compulsory and free basic education is one of the guiding principles of Djibouti’s social strategy. However, the Committee noted that, according to UNICEF’s statistics for the years 2000–06, the net primary school enrolment rate was 37 per cent for boys and 30 per cent for girls. At secondary school level, the rates are 27 per cent for boys and 28 per cent for girls. The Committee is therefore concerned at the number of children who do not attend school in Djibouti. Considering that education is one of the most effective means of combating child labour, the Committee requests the Government to redouble its efforts to improve the working of the country’s education system and to take measures that will allow children to take part in compulsory basic schooling or in an informal schooling system. It requests the Government to provide information on the measures taken to increase the school attendance rate, both at primary and at secondary levels, so as to prevent children under 16 years of age from working. It requests the Government to provide information on the results obtained.

Article 3(1). Age of admission to hazardous work. The Committee noted that, according to section 112 of the Labour Code, a woman or a young man of from 16 to 18 years may not be kept in a job recognized by a certified doctor at the request of a labour inspector to be beyond the strength of the person concerned. However, the Committee observed that the legislation does not appear expressly to establish, as Article 3(1) of the Convention requires, a minimum age of 18 years for all types of employment or work which by the nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons. The Committee requests the Government to take the necessary measures to ensure that no one under 18 years of age, other than in the exceptional cases allowed by the Convention, shall be authorized to engage in hazardous work, in accordance with Article 3(1).

Article 3(2). Determination of types of hazardous work. The Committee noted that, according to section 110 of the Labour Code, work by young people is expressly prohibited in domestic work and the hotel and beverage sectors other than in jobs directly linked to catering. Furthermore, pursuant to section 111 of the Labour Code, an order adopted on the proposal of the Minister in charge of labour and the Minister of Health after consultation with the National Council for Labour, Employment and Vocational Training, shall determine the nature of the work and the categories of enterprise to be prohibited for women, pregnant women and young people, and the applicable minimum age. The Committee requests the Government to indicate whether any such order on jobs and enterprises prohibited for young people has been adopted and, if so, to provide a copy of it with its next report.

Article 9(3). Employers’ registers. The Committee noted that section 209 of the Labour Code requires every employer to keep, at the place of work, an up to date register or any other document established in accordance with appropriate and modern procedures for the purpose of recording all such information as shall enable the competent labour services to carry out supervision. The Committee further noted that the same provision establishes that an order issued on the proposal of the Minister in charge of labour shall establish the content of the register or document and the conditions in which it must be kept available for the labour inspection services. The Committee reminded the Government that, according to Article 9(3) of the Convention, the registers that must be kept by the employer shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he employs or who work for him and who are less than 18 years of age. The Committee requests the Government to indicate whether any order has been issued pursuant to section 209 of the Labour Code. If so, the Committee hopes that it is consistent with the requirements of Article 9(3) of the Convention. If no such order has been issued, the Committee requests the Government to take the necessary measures to adopt an order on employers’ registers that is in keeping with the principles set out above, and to provide information on any progress made in this regard.

Repetition

Article 1 of the Convention and Part V of the report form. National policy to ensure the effective abolition of child labour and practical application of the Convention. The Committee noted that Djibouti has a population of approximately 700,000 inhabitants, some 40 per cent of whom are children under 15 years of age and that, according to UNICEF statistics, 368,000 inhabitants are under 18 years of age. UNICEF likewise reports that in Djibouti, 8 per cent of the children aged from 15 to 14 years are engaged in activities deemed to be work. The Government indicated that it hopes to hold a national survey to obtain more realistic data at the next meeting of the National Labour, Employment and Vocational Training Council as soon as the conditions for convening it are met.

The Committee further noted that Djibouti’s Decent Work Country Programme (DWCP) 2008–12 is based on three priorities, including the improvement of conditions of work by promoting national and international labour standards, with particular emphasis on child labour. According to the DWCP paper, the programme will contribute to implementing measures that will enable the Government, the social partners and civil society to prevent and abolish child labour. The main priorities for this purpose are:

• (a) studies enabling light to be shed on the extent and nature of the problem and the necessary action to be better identified;
• (b) sensitizing and mobilizing those concerned;
• (c) consolidating the framework for action by improving coordination between the various legislative, economic and social policies.

The Committee also noted that Djibouti has obtained ILO support with regard to a 12-month SPROUT programme for social dialogue and employment policy. One outcome expected from its implementation is the formulation and application of a national policy to combat child labour. The Committee expresses its concern at the number of child workers and asks the Government to provide information on the implementation of the DWCP and the SPROUT programme and the results obtained in terms of gradually eliminating child labour. It also asks the Government to provide information on progress made in framing a national policy to combat child labour. Lastly, it requests the Government to provide information on progress made towards the national survey the Government wishes to conduct and the studies to be carried out on the extent and nature of child labour in Djibouti in accordance with the priorities of the DWCP.

Article 2(1). Scope of application. The Committee noted that, according to section 1 of Act No. 133/AN/05/5e issuing the Labour Code, the Code applies to industrial relations between workers and employers. This provision defines a worker as anyone who has undertaken to submit his occupational activity to the management and authority of another natural or legal person in exchange for remuneration. The Committee observed that this provision suggests that the Labour Code applies only to an employment relationship. It further noted that, according to the Government, the provision on the minimum age for access to work is observed in the formal sector but is not applied effectively in the informal economy. The Committee reminded the Government that the Convention applies to all sectors of economic activity, whether formal or informal, and covers all types of employment or work whether or not it is performed on the basis of a subordinate employment relationship and whether or not it is remunerated. The Committee therefore asks the Government to provide information on the manner in which children who are not bound by a subordinate employment relationship, such as those working on their own account, and children working in the informal economy, are provided with the protection established in the Convention.

Minimum age for admission to employment or work. The Committee noted that on ratifying the Convention, Djibouti specified 16 years as the minimum age for admission to employment or work. It noted that according to section 5 of the Labour Code, the minimum age for access to the labour market is set at 16 years.

Article 2(3). Age of completion of compulsory schooling. The Committee noted that according to section 4 of Act No. 96/AN/00/4e setting out policy for Djibouti’s education system, the State guarantees education for children of from 6 to 16 years of age. Furthermore, section 21 of Act No. 149/AN/02/4eL setting out economic and social policy for the Republic of Djibouti for the period 2001–10, guaranteeing access for all children of from 6 to 16 years of age to high-quality, compulsory and free basic education is one of the guiding principles of Djibouti’s social strategy. However, the Committee noted that, according to UNICEF’s statistics for the years 2000–06, the net primary school enrolment rate was 37 per cent for boys and 30 per cent for girls. At secondary school level, the rates are 27 per cent for boys and 28 per cent for girls. The Committee is therefore concerned at the number of children who do not attend school in Djibouti. Considering that education is one of the most effective means of combating child labour, the Committee requests the Government to redouble its efforts to improve the working of the country’s education system and to take measures that will allow children to take part in compulsory basic schooling or in an informal schooling system. It requests the Government to provide information on the measures taken to increase the school attendance rate, both at primary and at secondary levels, so as to prevent children under 16 years of age from working. It requests the Government to provide information on the results obtained.

Article 3(1). Age of admission to hazardous work. The Committee noted that, according to section 112 of the Labour Code, a woman or a young man of from 16 to 18 years may not be kept in a job recognized by a certified doctor at the request of a labour inspector to be beyond the strength of the person concerned. However, the Committee observed that the legislation does not appear expressly to establish, as Article 3(1) of the Convention requires, a minimum age of 18 years for all types of employment or work which by the nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons. The Committee requests the Government to take the necessary measures to ensure that no one under 18 years of age, other than in the exceptional cases allowed by the Convention, shall be authorized to engage in hazardous work, in accordance with Article 3(1).

Article 3(2). Determination of types of hazardous work. The Committee noted that, according to section 110 of the Labour Code, work by young people is expressly prohibited in domestic work and the hotel and beverage sectors other than in jobs directly linked to catering. Furthermore, pursuant to section 111 of the Labour Code, an order adopted on the proposal of the Minister in charge of labour and the Minister of Health after consultation with the National Council for Labour, Employment and Vocational Training, shall determine the nature of the work and the categories of enterprise to be prohibited for women, pregnant women and young people, and the applicable minimum age. The Committee requests the Government to indicate whether any such order on jobs and enterprises prohibited for young people has been adopted and, if so, to provide a copy of it with its next report.

Article 9(1). Penalties. The Committee noted the information supplied by the Government to the effect that any breach of the provisions of the Labour Code, particularly the rule establishing the minimum age for admission to employment or work, is punishable under the Penal Code. The Committee observed that section 285 of the Labour Code provides that breaches of the Code shall be prosecuted in the criminal court pursuant to the provisions of the Code of Criminal Procedure. The Committee further noted that, pursuant to section 288 of the Labour Code, breaches of orders issued under section 111 on jobs and enterprises prohibited to young people are punishable by a fine of 100,000 to 200,000 Djibouti francs (DJF) and, in the case of second offences, DJF200,000 to DJF400,000.

Article 9(3). Employers’ registers. The Committee noted that section 209 of the Labour Code requires every employer to keep, at the place of work, an up to date register or any other document established in accordance with appropriate and modern procedures for the purpose of recording all such information as shall enable the competent labour services to carry out supervision. The Committee further noted that the same provision establishes that an order issued on the proposal of the Minister in charge of labour shall establish the content of the register or document and the conditions in which it must be kept available for the labour inspection services. The Committee reminded the Government that, according to Article 9(3) of the Convention, the registers that must be kept by the employer shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he employs or who work for him and who are less than 18 years of age. The Committee requests the Government to indicate whether any order has been issued pursuant to section 209 of the Labour Code. If so, the Committee hopes that it is consistent with the requirements of Article 9(3) of the Convention. If no such order has been issued, the Committee requests the Government to take the necessary measures to adopt an order on employers’ registers that is in keeping with the principles set out above, and to provide information on any progress made in this regard.