Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Somalia (Ratification: 2014)

The Committee recalls that, at its last session, it urged the Government to make a special effort to supply the first report due since 2016 on the application of the Convention. The Committee observes that it previously took note of observations received since 2015 from the International Trade Union Confederation (ITUC) and the Federation of Somali Trade Unions (FESTU) concerning interference of authorities in trade union activities and the harassment of union leaders, especially in the telecommunication and media sector.

The Committee also noted that FESTU brought a case referring to the same issues to the Committee on Freedom of Association (CFA) (case No. 3113). In this regard, the Committee observes that, at its last session in November 2019, the Committee on Freedom of Association took due note the withdrawal of the complaint against the Government of Somalia from the FESTU (see 391st Report, paragraph 12). The Committee particularly notes that, in its communication dated 23 September 2019, FESTU refers to a general environment of labour relations in the country which have improved considerably leading to the signing of a tripartite agreement on the revised draft Labour Code, the development of a National Employment Policy, the endorsement by the Cabinet of a comprehensive social protection policy and the establishment of the Somali National Tripartite Consultative Committee (SNTCC) with a mandate to deal with all labour issues, which held its inaugural meeting in September 2019. The Committee on Freedom of Association also referred to a communication from the Government dated 22 September 2019 where it confirmed its acceptance of the Committee’s outstanding recommendations. The Committee notes this information with interest.

The Committee also notes that first report on the application of the Convention was received in November 2019. Taking into account the positive developments and welcoming the efforts of the Government to supply the report, the Committee will carry out a full examination of the application of the Convention at its next session and invites the Government to provide information it deems useful on any development in this respect.