Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

1. Article 1(a) of the Convention. The Committee notes the provisions of Act No. 1/AN/92/2eL of 15 September 1992 with respect to political parties. It notes that, by virtue of section 19 of the Act, any person who, in violation of this Act, establishes, leads or administers a party in whatsoever form or under whatsoever denomination is liable to a penalty of imprisonment of from 6 to 12 months and a fine of from 1 to 5 million Djibouti francs, or either of these penalties. Under the same section, a penalty of from one to five years of imprisonment and a fine of from 2 million to 10 million Djibouti francs is envisaged against any person who leads, administers or is a member of a political party which is maintained or reconstituted during its suspension or following its dissolution. The Committee requests the Government to provide information on the application of these provisions in practice, with a copy of any judicial decision imposing a penalty of imprisonment under section 19.

The Committee notes the information provided by the Government in its report on the application of Convention No. 29 on forced labour to the effect that, in general, prisoners do not work in Djibouti. It notes sections 23 and 24 of Act No. 144/AN/80 of 16 September 1980, issuing the Prison Code, the provisions of which do not explicitly indicate whether prison labour is or is not compulsory. The Committee requests the Government to indicate the measures which have been taken to ensure that the application of section 19 of the Act of 15 September 1992 does not have the consequence of the imposition of compulsory prison labour on persons sentenced to a penalty of imprisonment under this section. The Committee also notes that the Prison Code includes provisions envisaging a more favourable special status for political detainees (sections 42 and 43). The Committee requests the Government to indicate whether this status includes special more favourable provisions in relation to prison labour.

2. Article 1(c). In its previous comments, the Committee requested the Government to provide copies of the implementing texts issued under sections 104 and 109 of Act No. 212/AN/82 issuing the Shipping Code. It notes that the Government attached to its report a copy of the above Code, which was already available to the Office. The Committee is therefore bound to reiterate the hope that the Government will provide copies of the instruments requested with its next report.