Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Somalia (Ratification: 2014)

The Committee notes the observations of the Federation of Somali Trade Unions (FESTU), received on 1 September 2018, denouncing the climate of violence and impunity, non-recognition of unions in Ministries, and requirement of previous government endorsement for registration of unions. The Committee requests the Government to provide its comments in this respect.

The Committee notes with concern that the Government’s first report has again not been received. It is therefore bound to repeat its previous comments initially made in 2016.

The Committee had previously noted the 2015 observations of the Federation of Somali Trade Unions (FESTU) alleging restrictions on the exercise of trade union rights, in particular in the telecommunications and media sector, as well as repeated acts of harassment against trade union members. The Committee notes the observations from the International Trade Union Confederation (ITUC), received on 1 September 2017, referring to the same issues which, in the meantime, have been examined by the Committee on Freedom of Association (CFA) in a case brought by the FESTU (Case No. 3113). In this regard, the Committee notes that in its latest conclusions the CFA referred to a communication dated September 2017 whereby the Government: (i) acknowledged that the Ministry of Labour and Social Affairs sought advice from the state Attorney-General over the case and that the latter wrote to relevant ministries and guided concerned authorities to comply with the recommendations of the CFA; (ii) acknowledged that the FESTU, led by Mr Omar Faruk Osman, is the most representative workers’ organization in the country; (iii) indicated that it was seeking to resolve political differences between the FESTU and policymakers within the Government; and (iv) requested the assistance of the Office to facilitate a constructive dialogue and to find a solution to the long-standing dispute in a harmonious manner (see Case No. 3113, 383rd Report). The Committee welcomes the commitment of the Government to engage in finding solutions with the assistance of the Office. The Committee expects that the Government will also take all necessary measures to provide without delay its first report on the application of the Convention, as well as information on meaningful progress made on the issues raised by the ITUC and the FESTU.

The Committee expects that the Government will make every effort to take the necessary action in the near future.