Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes the Government's report.

1. The right of workers to establish organizations of their own choosing without prior authorization (Article 2 of the Convention). The Committee notes the information supplied by the Government in its report to the effect that the right to organize is governed by the overseas Labour Code, as amended by Order No. 726 of 23 May 1956 to adopt Act No. 56.416 of 27 April 1956, and by Decree No. 83.099/PR/F.P establishing the conditions under which the right to organize and the right to strike may be exercised by public servants. The Committee notes that these texts provide for freedom of association without prior authorization and permit the possibility of trade union pluralism; it therefore hopes that the Act on Associations, as amended in 1977, which, according to the information supplied previously by the Government in its reports, applied to occupational unions in their capacity as associations, is no longer applicable to trade unions. It requests the Government to confirm in its next report that this is the case in practice and that as a consequence, in accordance with the requirements of the Convention, the establishment of trade union organizations is not subject to the approval of the authorities. It also requests the Government to supply a copy of the Act on Associations which is currently in force in Djibouti.

2. Right of workers to elect their representatives in full freedom (Article 3). The Committee indicated previously that, under section 6 of the Labour Code, foreign workers are not authorized to hold trade union office and it emphasized that legislative provisions which restrict the holding of trade union office to nationals of the country are such as to restrict the right of workers to elect their representatives in full freedom. The Committee once again requests the Government to envisage the adoption of measures to make the legislation more flexible so as to enable foreign workers to hold trade union office, at least after a reasonable period of residence in the country. It requests the Government to indicate in its next report the measures which have been taken or are envisaged in this respect.

3. The Committee also requests the Government to supply with its future reports any orders or decrees which are adopted under sections 20 and 23 of Decree No. 83.099/PR/F.P, of 10 September 1983, in order to enable it to examine the extent to which the provisions governing the right to strike of public servants are in accordance with the principles of freedom of association.