that "no one can be deprived of it, unless a legally established public necessity demands it, under the condition of a just and
prior indemnity”. Requisitions based on procedures for expropriation in the public interest are among the
most common reasons for an individual to be deprived of their property.
155. Pursuant to Act No. 172-AN of 10 October 1991 on expropriations in the public interest, the
Government may, under the condition of a just indemnity, expropriate land in the public interest.
156. Expropriation is conducted by means of a regulatory text (decree, order) following several procedures
to clearly establish the materiality of this public interest and the need to expropriate and after other
means such as sale or exchange have been exhausted.
157. The law guarantees individuals the possibility to bring their expropriation case before the
Administrative Court if the procedure is flawed in any way. The Court may order that the expropriation
act be repealed.
2. Right to the enjoyment of fair and favourable conditions of work
Article 15
Every individual shall have the right to work under equitable and satisfactory conditions, and
shall receive equal pay for equal work.
158. Though these provisions of the Charter are not included in the Constitution of Djibouti, they are
guaranteed by the State in view of their social nature and the fact that it “owes” each citizen the right to
work and social protection.
159. To ensure the realization of this right, the State through the Ministry of Labour and Civil Service in
particular, is implementing specific policies as well as other measures to promote recruitment in the civil
service, private sector and parastatals.
160. Based on the third household survey for social indicators (EDAM3-IS) in 2012, the State is the first
employer of Djibouti with 41.3% of the active population working in the civil service. A competitive
recruitment process is organized for access to civil service employment. In addition to the competitive
recruitment process, the State also recruits based on applications and professional review where
required.
161. Economic difficulties as a result of the civil war and budget restrictions initiated under the supervision
of the IMF led to a rapid decline throughout the ‘90s in the observance and protection of the right to
fair and satisfactory conditions of work in the civil service.
162. To remedy this situation, Djibouti progressively initiated several measures to restore basic conditions
of work for civil servants and contract-based workers such as the payment of salary arrears and the
resumption of career advancements in the early 2000s. The State has since been paying salaries on a
33