Solicitud directa (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Djibouti (Ratificación : 2005)

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Observación

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Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children. In its previous comments, the Committee noted that Act No. 210/AN/07/5e L of 27 December 2007 on combating the trafficking of human beings (Human Trafficking Act) prohibits the trafficking of human beings, and specifically any persons likely to be victims of the sale or trafficking of persons because of their vulnerability due, in particular, to their age (children under 18 years of age).

The Committee notes that sections 7 to 13 of the Human Trafficking Act establish penalties for the perpetrators of trafficking, in particular fines and various forms of imprisonment. However, the Committee observes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 2 August 2011, noted with concern the limited capacity of Djibouti to enforce the Human Trafficking Act and the low number of prosecutions and convictions of traffickers (CEDAW/C/DJI/CO/1-3, paragraph 22). The Committee reminds the Government that the trafficking of children is a serious crime and that, under Article 7(1) of the Convention, the Government shall take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the application of sufficiently effective and dissuasive penal sanctions. The Committee requests the Government to provide information on the application of the Human Trafficking Act in practice, including statistics on the number and nature of reported offences, investigations, prosecutions, convictions and penal sanctions imposed.

Article 3(b). Use, procuring or offering of a child for prostitution, for the production of pornography or pornographic performances. Further to its previous comments, the Committee notes with interest that, under sections 462 and 463 of the Penal Code, it is a criminal offence to incite young persons to engage in debauchery (three years’ imprisonment and a fine of 1 million Djibouti francs (DJF), or five years’ imprisonment and DJF2 million if the offence relates to a minor under 15 years of age), or to record or disseminate pornographic images involving minors (one year’s imprisonment and a fine of DJF200,000, or three years’ imprisonment and a fine of DJF1 million if the offence relates to a minor under 15 years of age). Furthermore, the Committee notes that, under sections 394 ff. of the Penal Code, pimping is an offence liable to five years’ imprisonment and a fine of DJF10 million, or ten years’ imprisonment and a fine of DJF25 million if the offence relates to a minor. Pimping is defined as aiding, assisting or protecting prostitution committed by others, profiting from prostitution committed by others, or procuring, luring or abducting a person with a view to prostitution.

Clause (c). Use, procuring or offering of a child for illicit activities. Further to its previous comments, the Committee notes the Government’s indication that, under section 461 of the Penal Code, any person who directly instigates the perpetration of crimes or offences by a minor shall be liable to five years’ imprisonment and a fine of DJF2 million. Where the offence relates to a minor under 15 years of age, the perpetrator shall be liable to ten years’ imprisonment and a fine of DJF5 million.

Article 3(d). 1. Hazardous work. In its previous comments the Committee noted that, under section 112 of Act No. 133/AN/05/5e issuing the Labour Code (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 a licensed doctor. The Committee also noted that, under 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.

The Committee notes the Government’s statement that the precepts and traditions of Djibouti, before any law, already prohibit the exploitation of children. Nevertheless, the Committee reminds the Government that the national legislation must explicitly prohibit the engagement of young persons under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, as prescribed by Article 3(d) of the Convention. The Committee again requests the Government to take the necessary measures to ensure that no person under 18 years of age may be authorized to perform hazardous work, in conformity with Article 3(d).

2. Self-employed workers and the informal economy. The Committee previously noted that, by virtue of section 1 of the Labour Code, the latter applies to the employment relationship between workers and employers. Section 1 also defines a worker as anyone who has undertaken to place their occupational activity under the supervision and authority of another natural or legal person in return for remuneration. The Committee noted that this provision appears to indicate that the Labour Code applies solely to an employment relationship. Noting the lack of information on this matter in the Government’s report, the Committee again requests the Government to take immediate and effective measures to ensure that children under 18 years of age who are self-employed or work in the informal economy enjoy the protection afforded by Article 3(d) of the Convention, namely that they are not employed in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4(1). Determination of hazardous types of work. The Committee previously noted that, under section 111 of the Labour Code, an order adopted at the proposal of the Minister of Labour and Minister of Health, further to an opinion of the National Council for Labour, Employment and Vocational Training, shall determine the nature of work and categories of enterprises prohibited to women, pregnant women and young persons, and the age limit to which this prohibition applies.

The Committee notes the Government’s indication that it has not yet drawn up an order pursuant to section 111 of the Labour Code, but undertakes to do so in the very near future. The Committee requests the Government to take immediate and effective measures to ensure the adoption of an order concerning the work and enterprises prohibited to young persons, in accordance with Article 4(1) of the Convention.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously noted that sections 192–202 of the Labour Code provide for the role of the labour administration in the implementation, coordination and monitoring of the Labour Code and also for the role and power of labour inspectors and controllers during their inspection visits. However, it noted that the draft Decent Work Country Programme (DWCP) for Djibouti for 2008–12 indicates that the application by Djibouti of the two main ILO Conventions relating to child labour, namely on the minimum age and the worst forms of child labour, suffers from a lack of capacity within the mandated bodies, in particular the labour inspectorate within the Directorate for Labour and Relations with the Social Partners (Ministry of Employment). Furthermore, the Committee noted that in April 2006 the labour inspectorate had only one labour inspector and six labour controllers.

The Committee notes from the Government’s report relating to the Labour Inspection Convention, 1947 (No. 81), that the human resources of the labour inspectorate were reinforced in 2013. Three inspectors were appointed, bringing the total number of labour inspectors to four. In addition, there are now ten controllers. The Committee requests the Government to continue to take measures to strengthen the capacity of the labour inspectorate. It requests the Government to supply information in its next report on all progress made in this respect.

Article 6. Programmes of action for eliminating the worst forms of child labour. The Committee previously noted that in the context of activities carried out under the DWCP for Djibouti for 2008–12, which prioritized, inter alia, the improvement of conditions of work through the promotion of national and international labour standards, with a particular focus on child labour, one of the objectives was that the ILO constituents and the social partners should work together to prevent and eliminate the worst forms of child labour. In this regard, it was planned to formulate and implement a national plan of action for the elimination of the worst forms of child labour.

The Committee notes the Government’s indication that, in the context of the DWCP, Djibouti has indeed placed special emphasis on child labour and that, further to a technical cooperation evaluation mission conducted with the ILO in March 2011, the Government has reiterated its commitment to implementing the DWCP and is awaiting support from the ILO to finalize it. The Committee requests the Government to take immediate and effective measures to ensure that the national plan of action for the elimination of the worst forms of child labour is formulated, adopted and implemented as soon as possible. The Committee requests the Government to provide information on progress made in this regard.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee previously noted that, according to the second periodic report of Djibouti of 11 December 2007 to the Committee on the Rights of the Child (CRC), Djibouti had embarked on a reform of its education system on the basis of discussions which took place at the Education Summit in December 1999, resulting in the adoption of a master plan for education for 2000–10 and plans of action for education for 2000–05 and 2006–08 (CRC/C/DJI/2, paragraph 237). The objectives of these plans included improving the quality of education and providing access to compulsory basic education for nine years, that is between the ages of 6 and 16 years. With the implementation of these plans, the number of children in school increased from 42,754 in 2000–01 to 53,743 in 2005–06 at the primary education level, and from 13,655 in 2000–01 to 21,129 in 2005–06 at the secondary education level. Furthermore, school attendance rates became more stable and increased from 49.9 per cent in 2002–03 to 68.4 per cent in 2004–05.

The Committee notes the Government’s indication in its report submitted under the Minimum Age Convention, 1973 (No. 138), 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 national report for Djibouti produced by UNICEF, 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). However, the Committee notes the indication in the same 2009 UNICEF national report that, despite these improvements, Djibouti still has a low school enrolment rate. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to intensify its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to provide information on the specific measures taken in the context of the implementation of the master plan and plan of action for education to increase school attendance rates at both primary and secondary levels, and to reduce school drop-out rates. It requests the Government to supply information on the results achieved in this respect.

2. Sale and trafficking of children. The Committee previously noted the Government’s statement that Djibouti is a transit country for the sale and trafficking of persons, including children.

The Committee further notes that, according to the concluding observations of 2 August 2011 of CEDAW (CEDAW/C/DJI/CO/1-3, paragraph 22), Djibouti has taken measures to combat trafficking in persons, in particular women and children, who are often abused by traffickers and subjected to forced labour and sexual exploitation in the countries of destination. Noting the lack of information in this respect in the Government’s report, the Committee again requests the Government to intensify its efforts to protect children from sale and trafficking for economic or sexual exploitation, and to provide information on the results achieved in terms of the number of children who were prevented from becoming victims of sale and trafficking as a result of awareness-raising measures.

Clause (b). Assistance for removing children from the worst forms of child labour. Use, procuring or offering of a child for prostitution or illicit activities. The Committee previously noted that the CRC, in its concluding observations on the initial report of Djibouti of 28 June 2000, expressed its concern at the high and apparently increasing incidence of prostitution involving children, in particular girls, and at the lack of facilities providing services to sexually exploited children (CRC/C/15/Add.131, paragraph 57). The CRC also expressed its concern at the increasing involvement of children in the production and trafficking of psychotropic drugs, especially khat (CRC/C/15/Add.131, paragraph 55).

The Committee notes that the Government does not provide any information on this point in its report. However, it notes that the CRC, in its concluding observations of 7 October 2008, again expressed the concern that it had voiced in its previous concluding observations regarding the high number of children, particularly girls, involved in prostitution and regarding the lack of facilities providing services to sexually exploited children (CRC/C/DJI/CO/2, paragraph 70). The Committee again requests the Government to take effective and time-bound measures to remove children from prostitution and from the production and trafficking of drugs, and to ensure their rehabilitation and social reintegration. It also requests the Government to supply information in its next report on the progress achieved.

Clause (d). Identifying children at special risk. 1. Children orphaned as a result of HIV/AIDS. Further to its previous comments, the Committee notes that the CRC, in its concluding observations of 7 October 2008, while noting with interest the measures taken by the Government in favour of orphans and vulnerable children (OVCs), expressed concern that the prevalence of HIV/AIDS remained high and, without policy or any other interventions, could rise even higher (CRC/C/DJI/CO/2, paragraph 58). The Committee observes that, according to UNAIDS estimates, the number of HIV/AIDS orphans increased to 8,800 in 2011 (the number of HIV/AIDS orphans under 17 years of age had already increased from 1,500 in 2001 to 5,200 in 2007). However, the Committee notes that, according to the report submitted to the 2012 United Nations General Assembly Special Session on HIV/AIDS (UNGASS), Djibouti adopted a national strategic plan for 2008–12, the main objective of which is to reduce new HIV infections, improve overall care for persons living with HIV/AIDS and strengthen the coordination, management, monitoring and evaluation of the national response. Furthermore, the national plan seeks to support OVCs through the establishment of a specific programme implemented by the Ministry for the Promotion of Women and Social Affairs. Considering that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee again requests the Government to supply information on the impact of measures, policies and plans implemented under the abovementioned legislation on preventing the engagement of HIV/AIDS orphans in the worst forms of child labour. It requests the Government to supply information in its next report on the results achieved.

2. Street children. The Committee previously noted the Government’s information that most of the children living and working on the streets were of foreign origin and often worked as beggars or shoeshine boys or girls. The Government indicated that it is difficult to pinpoint the numbers of children living on the streets, but estimates suggest that there were several hundred in the city of Djibouti, with numbers constantly increasing.

The Committee notes that the Government does not provide any information on this matter in its report. It observes that the CRC, in its concluding observations of 7 October 2008, while noting the incorporation of initiatives relating to the issue of street children in the project operation documents of a number of ministries, continued to express concern at the very high number of children who are still on the streets and at the continued exposure of these children to prostitution, sexually transmissible infections, including HIV/AIDS, economic and sexual exploitation and violence (CRC/C/DJI/CO/2, paragraph 68). Considering that street children are particularly exposed to the worst forms of child labour, the Committee again requests the Government to take immediate and effective measures to protect them from the worst forms of child labour and ensure their rehabilitation and social reintegration, and also to provide information in its next report on progress made in this regard.

Clause (e). Particular situation of girls. The Committee previously noted that, according to UNICEF statistics, the primary school enrolment rate for boys for the years 2000–06 was 44 per cent, while the enrolment rate for girls was 36 per cent. The secondary school enrolment rates were 29 per cent for boys and 19 per cent for girls. The Committee observed that these statistics demonstrate a significant gender gap in school enrolment.

The Committee notes that the Government does not provide any information on this matter in its report. However, it notes that the CRC, in its concluding observations of 7 October 2008, expressed concern that, with increasing age, the majority of children no longer attend school and that gender disparities, stemming from social attitudes and poverty, remain a problem (CRC/C/DJI/CO/2, paragraph 62). The Committee further notes that, according to the 2009 UNICEF national report on Djibouti, the gender parity index (0.98) indicates that there is no longer any real gender disparity in terms of primary school attendance. As regards secondary education, even though the net enrolment rate has risen, work remains to be done to improve the gender parity index (0.82), which remains low. The Committee again requests the Government to intensify its efforts to give particular attention to the enrolment of girls in school, particularly at secondary level, to prevent their engagement in the worst forms of child labour. It requests the Government to provide information in its next report on progress made in this regard.

Article 8. Enhanced international cooperation and assistance. Poverty reduction. Further to its previous comments, the Committee notes the Government’s indication that it is continuing its efforts to formulate policies and plans that help to uphold children’s rights, particularly the adoption of the national sanitation development plan for 2008–12. The Committee further notes that, in 2004, Djibouti adopted a Poverty Reduction Strategy Paper (PRSP) with aims to reduce extreme poverty by 50 per cent by 2015, achieve education for all and establish a growth rate of 6.5 per cent. Moreover, the Committee notes that Djibouti, in conjunction with the European Union, adopted a country strategy paper and a national framework programme for 2008–13 (CSP), with close links to the national strategy defined by the PRSP, which aims to enhance the economic and social development of target regions and improve the living conditions of their inhabitants, to ensure an affordable electricity supply, and to facilitate access to drinking water and sewerage services. Noting that poverty reduction programmes contribute towards breaking the circle of poverty, which is essential for eliminating the worst forms of child labour, the Committee again requests the Government to supply information on the impact of the PRSP and CSP on eliminating the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee noted the Government’s statement that a multidisciplinary mission from the ILO Subregional Office in Addis Ababa took place in Djibouti in March 2008, following which the ILO offered the Government its assistance for conducting a national survey on child labour. The Government indicated that it hoped to launch this survey with ILO assistance once conditions were met for convening the National Council for Labour, Employment and Vocational Training.

The Committee observes that the Government does not provide any information on this matter in its report. Furthermore, it notes that the CRC, in its concluding observations of 7 October 2008, observed that there were gaps in the surveys that had been carried out in the areas of poverty, education and health and that there was insufficient capacity to centralize and analyse population data (CRC/C/DJI/CO/2, paragraph 20). The Committee requests the Government to take measures to ensure the availability of statistics on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of reported violations, investigations, prosecutions, convictions and penalties imposed. In addition, the Committee again requests the Government to supply a copy of the results of the national survey on child labour.