Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Repetition

Article 2(2)(c) of the Convention. Community work. In its previous comments, the Committee noted that section 35 of the Penal Code (Act No. 59/AN/94 of 5 January 1995), establishes the penalty of community work. It noted that, in cases where an offence is penalized with a sentence of imprisonment equal to or lower than one year, this sentence may be replaced by the performance of community work on behalf of a public association or an association authorized to implement work in the general interest. A sentence of community work may not be applied to a person who refuses to serve it (section 37). The Committee also noted that, under the terms of section 38, the arrangements for complying with the obligation to perform community work are decided upon by the magistrate responsible for the application of penalties. As the Government has not provided any information on this matter, the Committee requests it to indicate in its next report whether courts have already applied sentences of community work and, if so, to provide information on the types of work which may be imposed in such a context as well as the list of associations authorized to benefit from community work.

Articles 1(1) and 2(1). 1. Freedom of state employees to leave their employment. In its previous comments, the Committee noted that applications to resign had to be accepted by the competent authority in accordance with the relevant provisions: section 52 of Act No. 48/AN/83/1 L issuing the conditions of service of public officials; section 109 of Act No. 72/AN/94/3 L issuing the conditions of service of the national police force; and section 69 of Decree No. 88-043/PRE of 31 May 1988, issuing the conditions of service of military personnel. The Government indicated that any person who wished to leave the service of the State could do so, and that no legal proceedings had been instituted against anyone for resigning early. The Committee noted that, while reaffirming that no legal proceedings have been instituted against anyone for resigning early, the Government indicated that in the public administration in Djibouti it is still the rule that all civil and military officials are under the obligation to serve the State for at least ten years. The Committee accordingly requests the Government to indicate the provisions of the national legislation which impose such obligation to serve for at least ten years. It also asks the Government to indicate the manner in which these provisions are applied in practice, and in particular to describe how applications to resign are dealt with from civil and military officials who have not completed ten years’ service. Further recalling that the Government indicated in its report in 2000 that the freedom to leave the service had to be regulated in certain essential services such as the army, which has the mission of defending the nation and its higher interests, the Committee requests the Government to continue providing information on any changes in the practice followed regarding applications to resign submitted by public officials, including military personnel. Where appropriate, please provide information on the criteria applied by the Higher Military Council to reject an application for to resign, particularly in cases in which the training received by military personnel was financed by the armed forces.

With regard more particularly to military doctors and pharmacists who, under section 8 of Decree No. 91-029/PR/DEF issuing their conditions of service, are required to serve in the army for a period of 15 years, the Government repeatedly indicated that this provision has never been applied and that there have not been any administrative, military or court proceedings concerning persons who have left the army or asked to be released from their duties. The Government added that this text will be examined in the light of the Convention, as part of the legislative and regulatory review of labour standards which the Government hopes to undertake with the assistance of the Office. The Committee requests the Government to provide information on any measure adopted to amend section 8 of the Decree issuing the conditions of service of military doctors and pharmacists so as to allow them to leave the service in time of peace within a reasonable period, either at specified intervals, or with previous notice, or subject to the conditions which may normally be required to ensure continuity of service.

2. Trafficking in persons. The Committee previously noted that Act No. 210/AN/07/5th L of 27 December 2007 respecting measures to combat trafficking in persons contains provisions to prevent and repress trafficking in human beings, meaning of persons liable to be victims of trafficking by reason of a particular vulnerability related to their age (young persons under 18 years of age), gender (women) or a physical or mental disability. The Act establishes fines and penalties of up to 30 years’ imprisonment under particularly serious circumstances, such as the disappearance or death of the victim (section 9). Accomplices and persons attempting to engage in the trafficking in human beings are also liable to be penalized (section 7), as well as those knowingly facilitating trafficking in human beings (sections 10 and 11). The Committee also noted that the Act is applicable to all forms of trafficking in human beings, whether or not the person responsible is a national of Djibouti, and whether or not the violations are linked to organized crime (section 6), and irrespective of the place of departure and destination of the victim (section 7). The Act also contains provisions designed to establish and reinforce coordination at the national level between the various authorities responsible for preventing and combating trafficking in human beings and to develop and/or support preventive policies and programmes (section 16). It establishes provisions for the protection and assistance of victims of trafficking (section 17). Section 18 of the Act provides that decrees issued by the Council of Ministers may determine the measures to be taken for the provision of full care for victims.

While noting the above provisions of the Act of 27 December 2007, respecting measures to combat trafficking in human beings, the Committee requests the Government to provide information on the effect given in practice to this Act, and particularly on the number of persons convicted and the measures adopted under sections 16 (coordination between the various authorities responsible for preventing and combating trafficking, prevention policies and programmes) and 17 (measures to protect vulnerable persons and assistance measures for victims). It also requests the Government, where appropriate, to provide the Office with copies of decrees issued under section 18 and to provide detailed information on the measures taken to give effect to them. The Committee also requests the Government to indicate, where appropriate, any difficulties encountered by the public authorities in giving effect to the new legislation. Finally, noting that the Act only refers to coordination at the national level between the various authorities responsible for preventing and combating trafficking, the Committee requests the Government to indicate whether measures have been taken to establish or reinforce international cooperation with a view to preventing and combating trafficking in persons.