US embassy cable - 04DJIBOUTI530

C O N F I D E N T I A L DJIBOUTI 000530 
 
SIPDIS 
 
STATE FOR AF AND AF/E 
 
E.O. 12958: DECL: 04/12/2014 
TAGS: PREL, PGOV, ELAB, PHUM, DJ 
SUBJECT: GUELLEH COMMENTS TO AMBASSADOR ON LABOR ISSUES 
 
REF: A. (A) SECSTATE 10222 
 
     B. (B) DJIBOUTI 460 
 
Classified By: Maguerita D. Ragsdale, Ambassador. Reasons 1.4 (b) and ( 
d). 
 
1. (C) In a meeting with President Guelleh April 11 
on an administrative matter, Ambassador mentioned that 
in January 2004, President Bush declared Djibouti 
eligible under the African Growth and Opportunity Act 
(AGOA), but concerns about the treatment of labor 
unions could still endanger that status.  She 
respectfully asked for President Guelleh's intervention 
in this matter, noting that it had already been raised 
with Secretary General of the Ministry of Foreign 
Affairs, Badri Ali Bogoreh.  Ambassador passed a copy 
of talking points from Reftel A (in English) to 
President Guelleh. 
 
2. (C) Guelleh responded that the right to have labor 
unions was based on constitutional law.  He emphasized 
that the Government of Djibouti is willing and obliged 
to invest in the rights of workers to form unions. 
This commitment is based on a French colonial decree 
in 1952, which requires the government to intervene in 
all aspects of labor practices.  Between 1995 and 1997, 
attempts to reform the labor code were made on the 
recommendation of the World Bank.  Prior to the changes 
in the labor code, the Ministry of Labor intervened on 
issues of hiring, working conditions, dismissal and 
minimum wage.  The World Bank recommendations 
pushed for Djibouti to allow free market conditions to 
regulate the minimum wage and labor force. 
 
3. (C) Ambassador repeated that respect for labor 
practices are a very important condition for AGOA. 
Guelleh responded that the problem with the labor 
unions does not lie with the government but within 
the trade unions themselves. The 1952 law should be 
abolished as well as the minimum wage and the Service 
de Main d'Ouevre (government labor service).  The 
Government of Djibouti should not have an official 
workforce to supply labor demand but the market should 
determine the allocation.  He commented that the labor 
unions have held elections, but each time the union 
organizes, it splits.  The labor unions also have money 
problems, of which the International Labor Organization 
and International Labor Organization of Africans are 
aware.  Guelleh commented that for the leaders of the 
trade unions, it becomes a way to profit personally and 
once elected the leaders do not want to give up their 
positions because of the benefits they receive. 
 
4. (C) Guelleh emphasized that the labor unions are 
supposed to defend the rights of the worker and nothing 
else.  He commented that the Government of Djibouti's 
role is to "protect the workers from abuse and we assume 
it."  He continued to say that the government does not 
want to intervene in inter-trade union issues and should 
focus on protecting workers' rights according to labor 
laws and the Law of Association, written in 1901.  The 
Government of Djibouti, he said, sees a conflict of 
interest when a person is Secretary General of the Labor 
Union and holds a key position in a political party. 
The goal of the government is to address issues of social 
protection, work accidents, and appeals to the labor court. 
Guelleh remarked that the Republic of Djibouti understands 
its role and has compensated parties for its infractions 
of labor regulations. 
 
5. (C) Comment: The issue of labor rights remains a 
delicate one for the Government, and an economic one. 
Embassy hopes that continued sensitization at the 
highest levels of the Djiboutian Government will bring 
about meaningful change.  End Comment. 
RAGSDALE