US embassy cable - 04DJIBOUTI1124

UNCLAS SECTION 01 OF 02 DJIBOUTI 001124 
 
SIPDIS 
 
STATE FOR DRL/IL HARPOLE 
 
DOL FOR DOL/ILAB FAULKNER 
 
E.O. 12958: N/A 
TAGS: ELAB, EIND, ETRD, PHUM, SOCI, DJ, AID 
SUBJECT: DJIBOUTI CHILD LABOR UPDATE 
 
REF: STATE 163453 
 
1. (U) Summary: Even though child labor subsists in 
Djibouti, all our sources confirmed that the worst forms of 
child labor do not exist.  In Djibouti, laws against the 
worst form are found in the Constitution, the Penal Code and 
ratified International Conventions such as ILO Convention 
182. In an effort to fight delinquency and child labor, the 
government passed a law in 2000, which makes education 
compulsory until the age of sixteen.  The Police Vice Squad 
(Brigade des Moeurs) and the "Gendarmerie both enforce laws 
against the worst form of child labor. End Summary. 
 
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LAWS AND REGULATIONS 
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2. (U) THE COUNTRY HAS ADEQUATE LAWS AGAINST THE WORST FORM 
OF CHILD LABOR.  THESE LAWS ARE FOUND IN THE CONSTITUTION, 
IN THE INTERNATIONAL CONVENTIONS RATIFIED BY DJIBOUTI, AND 
IN THE PENAL CODE.  DJIBOUTI RATIFIED ILO CONVENTION 182 ON 
JUNE 21ST, 2004 BY LAW 57 AN/04/5E L.  DJIBOUTI HAS ALSO 
ENDORSED THE FOLLOWING ILO CONVENTIONS RELATED TO CHILD 
LABOR:  ILO CONVENTIONS 5, 6, 10, 15, 29, 33, 78,105,123, 
AND 124. DJIBOUTI WAS ONE OF THE FIRST COUNTRIES TO RATIFY 
THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD IN 
1990. IN ADDITION, DJIBOUTI RATIFIED THE AFRICAN CHARTER. 
 
3. (U) THE PENAL CODE GIVES PROTECTION TO CHILDREN AGAINST 
THE WORST FORMS OF CHILD LABOR. ARTICLE 325 PROTECTS 
CHILDREN AGAINST TORTURE, CRUELTY AND INHUMAN TREATMENT. 
ARTICLE 343 ADDRESSES THE RAPE OF MINORS.  ARTICLE 396 DEALS 
WITH THE USE OF CHILDREN FOR PROSTITUTION. ARTICLE 458 
ADDRESSES THE USE OF CHILDREN FOR TRAFFICKING DRUGS. 
ARTICLE 463 PROTECTS CHILDREN AGAINST CHILD PORNOGRAPHY. THE 
MINIMUM AGE FOR EMPLOYMENT IS CURRENTLY 14 AS STIPULATED BY 
THE LOCAL LABOR LAW NO.52-1322.  HOWEVER, THE MINISTRY OF 
LABOR IS CURRENTLY DRAFTING A NEW LABOR CODE, WHICH WILL SET 
THE MINIMUM AGE TO 16.  THIS AGE IS DESIGNED TO COINCIDE 
WITH THE MINIMUM AGE FOR COMPLETING EDUCATIONAL 
REQUIREMENTS.  A JUVENILE COURT DOES NOT EXIST BUT THE 
GOVERNMENT HAS EXPRESSED THE NEED FOR DESIGNATING A JUDGE, 
WHO EXCLUSIVELY DEALS WITH JUVENILE CASES. IN ANY CASE, 
JUDGES AT THE COURT DEAL SEVERELY AND IN A TIMELY MANNER 
WITH THE CASES INVOLVING CHILDREN. 
 
4. (U) THE POLICE VICE SQUAD "BRIGADE DES MOEURS" AND THE 
LOCAL GENDARMERIE BOTH HAVE THE AUTHORITY TO ENFORCE CHILD 
LABOR LAWS AND REGULATIONS.  ALSO, THE LABOR INSPECTION 
OFFICE HAS THE MANDATE TO SANCTION BUSINESSES THAT EMPLOY 
CHILDREN.  AS SOON AS IT RECEIVES A COMPLAINT, THE POLICE 
OPEN AN INVESTIGATION.  THEN, A FULL REPORT IS PRESENTED TO 
THE COURT, WHICH DECIDES THE APPROPRIATE FINE OR JAIL TERMS. 
NO STATISTICS ARE AVAILABLE ON THE NUMBER OF CHILD LABOR 
INSPECTIONS OR INVESTIGATIONS CONDUCTED ANNUALLY. THE OFFICE 
OF THE LABOR INSPECTORS CURRENTLY HAS ONE INSPECTOR EMPLOYED 
WHO SUPERVISES TEN CONTROLLERS.  THE MINISTRY OF LABOR PLANS 
ON HIRING AT LEAST THREE NEW INSPECTORS BY THE END OF THIS 
YEAR. THE GOVERNMENT WILL ALSO HOLD A TRAINING SEMINAR IN 
DECEMBER 2004 FOR EMPLOYERS.  THE MINISTRY OF LABOR HAS A 
PROGRAM WITH THE INTERNATIONAL PROGRAM ON THE ELIMINATION OF 
CHILD LABOR IN ADDIS ABABA, WHICH HAS REQUESTED A CENSUS OF 
CHILD LABOR IN DJIBOUTI.  THE MINISTRY PLANS TO CARRY OUT 
THIS CENSUS IN THE COMING MONTHS. 
 
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EDUCATION AND SOCIAL PROGRAMS 
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5. (U) OFFICIALS FROM THE MINISTRY OF YOUTH, THE MINISTRY OF 
INTERIOR, THE MINISTRY OF WOMEN PROMOTION AND FAMILY WELL- 
BEING, THE MINISTRY OF JUSTICE, AND THE MINISTRY OF LABOR 
ARE ALL CONCERNED ABOUT CHILDREN LIVING IN DIFFICULT 
CONDITIONS.  AS A RESULT, THE GOD FINALIZED ITS POVERTY 
REDUCTION STRATEGY PAPERS (PRSP) IN JUNE 2004.  THE PRSP 
AIMS AT REDUCING POVERTY AND UNEMPLOYMENT BY IMPROVING 
LIVING CONDITIONS FOR ALL THE POPULATION.  GOVERNMENT 
MINISTRIES, CIVIL SOCIETIES, TRADE UNIONS AND PRIVATE SECTOR 
REPRESENTATIVES CONTRIBUTED TO THE ELABORATION OF THIS 
DOCUMENT.  IT OFFERS A COMPREHENSIVE STRATEGIC FRAMEWORK TO 
BE IMPLEMENTED OVER HORIZONS 2006, 2010 AND 2015. 
IMPROVEMENTS IN THE MEDIUM RANGE INCLUDE: REDUCTION OF THE 
EXTREME POVERTY RATE OF 42.25% IN 2002 TO 36.1% BY 2006; 
SUSTAINED REAL GDP GROWTH AVERAGE TO 4.6% DURING 2004-2006; 
INCREASE OF THE SCHOOLING RATE OF 42.7% IN 2002 TO 73% BY 
2006; AND DECREASE OF INFANT DEATH RATE FROM 103.1 PER 1000 
TO 75 PER 1000 BY 2006. 
 
6.   (U) A Law passed in 2000 makes the school compulsory 
until the age of sixteen. Gross enrollment rates have risen 
from approximately 38% in 1998 to approximately 53% in 2003. 
This is a very low rate compared to the 85% average for Sub- 
Saharan countries and given that Djibouti's population is 
70% urban. There are some 65,000+ school-aged children not 
currently attending school. The ministry of education 
outlined a long-term perspective plan, which aims for 80% 
enrollment for the primary school by the year 2010.  This 
plan will also provide a system for tracking the progress of 
each individual child and will hold the school headmaster 
responsible for finding out why a child has left school. In 
September 2004, the Ministry of Education will launch a 
program aimed at increasing the numbers of nomadic children 
attending schools by raising community awareness and 
involvement. 
7. (U) The Government of Djibouti has created a National 
Policy for Youth in order to prevent children who are not in 
school from becoming delinquent.  The program focuses on 
community involvement and promotion of Community Development 
Centers to provide activities for the children.  The 
Community centers also act as reading rooms for children in 
school to do homework and study. 
 
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CHILD LABOR SITUATION 
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8. (U) NO STATISTICS ARE AVAILABLE ON THE MAGNITUDE OF THE 
CHILD LABOR SITUATION IN DJIBOUTI.  HOWEVER, THERE ARE SOME 
INDICATIONS THAT LAST YEAR'S MASSIVE TURNING BACK OF ILLEGAL 
IMMIGRANTS HAVE REDUCED CHILD LABOR.  IN URBAN AREAS, 
CHILDREN ARE VERY ACTIVE IN THE INFORMAL ECONOMIC 
ACTIVITIES.  IT IS DIFFICULT TO MAKE A COMPLETE LIST OF 
THEIR ACTIVITIES BUT THEY MOSTLY WORK AS SHOE CLEANERS, CAR 
WASHERS, KAT SELLERS OR DOMESTIC SERVANTS.  SOME OF THESE 
CHILDREN BECOME BEGGARS OR STREET PROSTITUTES.  IN RURAL 
AREAS, CHILDREN HELP THEIR PARENTS IN AGRICULTURAL OR 
LIVESTOCK CHORES.  MOST OF THESE CHILDREN ARE DISPLACED FROM 
NEIGHBORING COUNTRIES AND HAVE NO OTHER MEANS OF INCOME. 
TWO ORPHANAGE CENTERS ACCOMMODATE ABANDONED CHILDREN, STREET 
CHILDREN AND CHILDREN FROM VERY POOR FAMILIES.  THESE YOUTHS 
ARE PROVIDED WITH SHELTER, EDUCATION AND HEALTH COVERAGE. 
ALSO, SOME LOCAL AND INTERNATIONAL ASSOCIATIONS GIVE 
SHELTER, FOOD AND EDUCATION TO A LIMITED NUMBER OF STREET 
CHILDREN. 
 
 
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CONCLUSION 
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9. (U) DJIBOUTI DOES NOT HAVE ANY COMPREHENSIVE POLICY AIMED 
AT REDUCING THE WORST FORM OF CHILD LABOR BECAUSE IT DOES 
NOT SEE IT AS A PROBLEM.  THE GOD ALLOCATES ITS MEAGER 
RESOURCES TO THE FIGHT AGAINST POVERTY, WHICH REMAINS A 
PRIORITY. THE REHABILITATION OF DJIBOUTI'S EDUCATION 
INFRASTRUCTURE WILL BE A STEP TOWARDS REDUCING THE AMOUNT OF 
CHILD LABOR PRESENT IN THE ECONOMY.