GUELLEH COMMENTS TO AMBASSADOR ON LABOR ISSUES

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