Interim Report - Report No 380, October 2016

Case No 3113 (Somalia) - Complaint date: 28-DEC-14 - Closed

Allegations: The complainant organizations allege serious threats, acts of intimidation and reprisals against members and leaders of the National Union of Somali Journalists (NUSOJ) and the lack of adequate responses by the Federal Government of Somalia

1. 898. The Committee last examined this case at its October–November 2015 meeting where it presented an interim report to the Governing Body [see 376th Report, approved by the Governing Body at its 325th Session (November 2015), paras 957–991].
2. 899. The International Trade Union Confederation (ITUC), the Federation of Somali Trade Unions (FESTU) and the National Union of Somali Journalists (NUSOJ) sent additional information in relation to the complaint in communications dated 22, 26 and 29 February, 3 and 16 March, 28 April, 11 May, 12 August, 1 September, 5 and 17 October 2016.
3. 900. The Committee, by virtue of its authority as set out in paragraph 69 of the procedures for the examination of complaints alleging violations of freedom of association, invited the Government to come before it to provide information on the steps taken in relation to the pending matters. The Government made an oral presentation before the Committee during its May–June 2016 meeting and provided information in a written communication dated 26 May 2016.
4. 901. Somalia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 902. In its previous examination of the case at its October–November 2015 meeting, the Committee made the following recommendations [see 376th Report, para. 991]:
   • (a) The Committee urges the Government to refrain from any further interference in the unions registered in Somalia with particular reference to the NUSOJ and FESTU, observe the right of the union to administer its own affairs and activities without let or hindrance and in line with the principles of freedom of association and democracy, ensure that the elected leaders of the union are free to exercise the mandate given to them by their members and to that extent enjoy the recognition of the Government as a social partner. The Government must also ensure that the right to freedom of movement is fully respected and enjoyed by the union leaders.
   • (b) The Committee urges the Government to take the necessary measures to ensure the protection and guarantee the security of the FESTU and NUSOJ leaders and members and establish a full and independent judicial inquiry on the allegations of intimidations and death threats affecting them. The Committee requests the Government to keep it informed of the outcome of the investigations.
   • (c) The Committee requests the Government to review promptly the Somali Labour Code in consultation with the freely elected social partners with a view to ensuring its full conformity with Conventions Nos 87 and 98 and to provide a full report to the CEACR to which it refers the legislative aspects.
   • (d) In these circumstances, the Committee is bound to urge the Government to avail itself of all necessary ILO assistance in this regard.
   • (e) In light of the seriousness of the matters raised in this case and the apparent lack of understanding as to their fundamental importance, the Committee invites the Government, by virtue of its authority as set out in paragraph 69 of the procedures for the examination of complaints alleging violations of freedom of association, to come before the Committee at its next session in March 2016 so that it may obtain detailed information on the steps taken by the Government in relation to the pending matters.

B. Additional information from the complainants

1. 903. In a number of communications sent to the Committee from February to October 2016, the ITUC, FESTU and NUSOJ denounce a series of acts of intimidation and of reprisal against FESTU and NUSOJ members, in particular the trade union leader Omar Faruk Osman, after their complaint filed before to the Committee.
2. 904. In a communication dated 22 February 2016, the ITUC denounces an assassination attempt on the life of Mr Osman on 25 December 2015. Mr Osman’s vehicle was parked at the gate of the NUSOJ headquarters, waiting for the gate to be opened, when three armed men in a white sedan sprayed his vehicle with bullets. Mr Osman’s bodyguards exchanged fire with the assailants until the attackers ran away from the scene. One of Mr Osman’s bodyguards and two pedestrians on Taleex Street were seriously wounded in the attack. While Mr Osman was informed that the car and the assailants were apprehended, no prosecution had been undertaken against them.
3. 905. The ITUC indicates that a decision dated 4 February 2016 by the Supreme Court reaffirmed that the Government had violated NUSOJ’s right to freedom of association and interfered in internal affairs of the union by holding an unconstitutional general assembly in order to change the democratically elected leadership. NUSOJ obtained permission to hold its general assembly from 13 to 14 February 2016 from the Hodan District Commissioner. On 7 February 2016, the union leadership informed the Minister of Internal Security about the scheduled general assembly and requested support in relation to the safety of the participants. On 9 February 2016, the Banadir Regional Appeal Court confirmed that NUSOJ’s right to hold its general assembly must be respected and that the Ministry of Internal Security was obliged to safeguard the safety of the participants. Nonetheless, in the early hours of 13 February 2016, the National Intelligence and Security Agency (NISA) called both the Diplomatic Hotel in Mogadishu where the meeting was scheduled and NUSOJ Secretary-General, Mr Osman, stating that the general assembly would not take place unless they obtained written approval letters from the Ministry of Internal Security and the Ministry of Information. However, according to the complainants such requirement is not prescribed in Somali law. The 66 worker delegates who had come from various regions of the country in accordance with NUSOJ’s statutes were intimidated and turned away by NISA soldiers heavily armed at the hotel. NUSOJ attempted to relocate the meeting in its headquarters in Taleex Street, however the police threatened to arrest the participants if they tried to proceed with the meeting.
4. 906. In communications dated 29 February and 3 March 2016, NUSOJ reports that the Ministry of Information called a meeting with media managers whereby they decided to set up a committee of 12 people, dominated by media owners and managers, who are all employers. The chairperson of this committee is the owner and chairperson of Shabelle Media Network, and the vice-chairperson of the committee is the manager of STAR FM radio station. According to the complainant, this committee had decided to organize a general assembly of NUSOJ on 20–21 March 2016 to elect a new leadership to the union, namely the owner and chief editor of Xaqiiqa Times. NUSOJ deplores that after having disbanded its general assembly on 13–14 February 2016, the Government has decided to team up with employers of the media sector in order to take over an independent union and intimidate media workers and journalists. The complainant denounces the fact that the Ministry of Information is undoubtedly committed to remove NUSOJ from workers’ control and bring it under the control of the Government, which constitutes a deliberate breach of trade union rights, the Somali Labour Code and ILO Conventions.
5. 907. In communications dated 16 March, 28 April and 11 May 2016, the complainants informed that the Attorney-General’s Office – the Chief Legal Adviser of the Government and the Government’s chief law enforcement officer – started an investigation against Mr Osman with the intention to lay criminal charges against him. He was informed about the accusations against him in a letter dated 29 February 2016 and in person after having been summoned to the Attorney-General’s Office on 23 April 2016. Allegedly, he has become a “threat to peace and security ... aggravating the relations between the government and international institutions” by submitting a complaint to the ILO Committee on Freedom of Association. The complainants are concerned over these clearly retaliatory measures taken against Mr Osman for having lodged a complaint with the ILO supervisory mechanisms.
6. 908. Furthermore, the complainant accuses the Government of resorting to peddle deliberate lies associating Mr Osman with a criminal offence that he never committed in order to confuse the international community. According to the complainants, the unfounded criminal accusations against Mr Osman are damaging as they discredit trade unionists and tarnish their reputations as legitimate trade union activists both within Somali society and in the international community.
7. 909. In a communications dated 12 August and 1 September 2016, the complainants report that during the last few weeks, Somali trade unions have been severely battered by a series of actions and threats by the country’s authorities, designed to restrict their officials and members from legitimate union activities. On 9 July 2016, the Ministry of Internal Security of the Federal Government of Somalia issued an order (reference No. WAG/XAG/0067/2016) banning all meetings held at hotels in Mogadishu. This order forbids any assembly without hotels notifying the Ministry and seeking permission, allegedly “to safeguard security and minimise problems by UGUS (Al-Shabaab) against people”. Hotels have already started implementing the order and demand unions wishing to hire a meeting place to obtain a written permission from the Ministry of Internal Security. Although this new development may seem reasonable in the severe security situation of the country, it is however seen by many observers as a convenient way by authorities to impede the activities of civil society organizations and opposition politicians.
8. 910. Furthermore, on 20 July 2016, the Ministry of Labour and Social Affairs spearheaded the setting up of a “trade union” for public sector workers by initiating a committee tasked to launch it, led by the Director of the Labour and Human Resources Department of the Ministry. FESTU which was informed, protested and recalled the Government that it must have no role whatsoever in setting up trade unions. This, in the complainants’ view, is another confirmation of interference by Somali authorities, purposefully denying workers their fundamental right to organize themselves freely and independently. Finally, the complainants referred to the fact that, on May 2016, the former Chief Justice who made the landmark ruling for trade union freedom (Decision of 4 February 2016 of the Supreme Court which dismissed the May 2011 Congress of NUSOJ) and the chairperson of Regional Appeals Court were sacked by presidential decree, although the President has no such power since article 109A, subsection 6, of the provisional Constitution clearly provides that only the Judicial Service Commission (JSC) has the power to appoint, discipline or transfer judges. Moreover, in July 2016, the newly appointed Chief Justice wrote a letter supporting an attempt to delegitimize the authentic leadership of NUSOJ and propel individuals who have never been members, tacitly imposed by the Ministry, to lead the union. This action of the Chief Justice compromises judiciary independence and ignores the Supreme Court ruling of 4 February 2016. In the complainants’ view, these developments are in direct violation of the Government’s duties and obligations under international laws and the country’s provisional Constitution, and illustrates the deteriorating human and trade union rights in the country.
9. 911. In a communication dated 5 October 2016, FESTU denounced the assassination of Mr Abdiasis Mohamed Ali, a journalist and member of NUSOJ, who was killed on 27 September 2016 by two men armed with pistols in northern Mogadishu. The complainant argue that the law enforcement authorities have not yet conducted any investigation on the murder. The complainant considers that this horrific assassination is an illustration of the Government’s inaction on the Committee’s previous recommendations to ensure the protection and guarantee the security of the unions’ leaders and members and to establish independent judicial inquiries on the allegations of death threats affecting them and argues that the Government has rather consciously increased its attacks on them.
10. 912. Lastly, in a communication dated 17 October 2016, NUSOJ denounces the arrest of Mr Abdi Adan Guled, Vice-President of the union, on 15 October 2016 by NISA at the Xog-Ogaal newspaper premises, the oldest and leading daily newspaper in Mogadishu. During the raid, NISA confiscated all the materials for publication of the newspapers, as well as computers, archives and cameras.

C. The Government’s reply

1. 913. In a communication dated 26 May 2016, the Government asserts that reports from the complainants on regular abuse and violations of freedom of association rights by the Government are unfounded as there is no evidence supporting such allegations. In addition, the Government underlines that some individuals take advantage of the fragile institutions of a post-conflict emerging country for their own personal gains.
2. 914. With regard to NUSOJ, the Government indicates that the union, formerly known as the Somali Journalists Network (SOJON), was established in 2002 with the approval of its Constitution according to which the leadership is to be elected democratically every three years. According to the Government, NUSOJ was split in two wings in 2011 since one group had accused Mr Osman of financial misappropriation. As per the information received by the Government from NUSOJ, Mr Osman has been removed as the Secretary-General of the union during the Leadership and Strategic Planning Congress on 28–29 May 2011 (copy provided). The Congress elected Mohamed Ibrahim as the Secretary-General of NUSOJ to replace Mr Osman with immediate effect. Many delegates from different regions of Somalia were present in the meeting. Many Somali social organizations were also invited to participate and function as observers of the election process. The Ministry of Information simply accepted the outcome of that meeting following receipt of a report from observers of the meeting including civil society groups. Finally, the Government indicates that following a Supreme Court order of 4 February 2016, NUSOJ held a democratic election on 17 May 2016 and chose a new leader without any kind of interference from the Government. The election was widely publicized through social media, local and international media. In its decision, the Court found that Mr Osman’s removal as Secretary-General by the members of NUSOJ in 2011 was unlawful with their constitutions but proving that Mr Osman was indeed removed from his position by NUSOJ’s members. In due process, the appeal court judges with consultations of nationwide NUSOJ members had scheduled the general assembly of the union and has elected a new leadership.
3. 915. With regard to the leadership of FESTU, the Ministry of Labour and Social Affairs received officials from several FESTU members confirming that Mr Osman has not been the Secretary-General of FESTU since he was replaced on 30 September 2013 (copy provided). The statements affirm that Mr Osman cannot speak on behalf of the association, as he is not the Secretary-General of FESTU. The Government believes that the legitimacy from the union comes from its members and therefore, the Ministry of Labour and Social Affairs had only recognized what FESTU and its members have decided by replacing Mr Osman as Secretary-General in 2013, without any interference. Furthermore, according to the Government, FESTU held a general assembly on 5–6 April 2016 and elected a new Secretary-General. Consequently, in the Government’s view, Mr Osman does not represent NUSOJ or FESTU and in accordance with both Somali trade unions Constitutions and the national provisional Constitution, Mr Osman has no legitimacy to represent these two unions.
4. 916. With regard to allegations of obstruction of the union gatherings, through the National Intelligence and Security Agency, in 2014 and in February 2016, the Government declares that the claims are false. The Government provided a copy of a letter whereby the owner of the venue (Diplomatic Hotel) endorsed that no government officials, police or security forces have interfered or obstructed the gatherings. According to the Government, in light of the dispute over NUSOJ’s leadership since 2011, it was members of the union that came to the venue and requested both meetings in 2014 and in 2016 to be halted as they believed that the meetings did not represent their union and therefore are infringing upon their rights. It was the organizer himself that decided to halt the meetings.
5. 917. With regard to the alleged arbitrary interrogations of Mr Osman, the Government indicates that the summoning for interrogation of Mr Osman had been initiated by a request to investigate, due to the suspicion against Mr Osman. The Office of the Attorney-General had produced a preliminary report (copy provided). This investigation was aimed at Mr Osman as an individual and not as the alleged chairman of a trade union. The procedure had been in accordance with the law and Mr Osman’s attorney was present during the interrogation ensuring due process. After the conclusion of the investigation, the Attorney-General’s office decided not to bring charges against Mr Osman.
6. 918. With regard to allegations of threats against FESTU, the Government regrets that Mr Osman did not report these threats to the police. However, the police began investigations on those claimed threats from Mr Osman as this is standard procedure. Through investigation it was learnt that Mr Osman has created all these threats for his personal gain and to divert the real attention in order to gain international sympathy and support. Consequently, the police investigation concluded that there were no threats against Mr Osman from security forces.
7. 919. Concerning the alleged travel restriction against Mr Osman, the Government refers to the preliminary investigation report by the Attorney-General into this matter which shows that no restrictions have been put on Mr Osman’s right to travel, except during a brief period pending investigation into allegations against him. This information is supported by the travel log provided by the Somali Immigration and Naturalization Directorate (IND). Therefore, the allegation that Mr Osman was denied travel on 12 September 2014 is not supported by any evidence.
8. 920. In its communication transmitted to the Committee during its hearing in May–June 2016, the Government questions Mr Osman’s reputation and background. The Government provides information on reports and letters, from UN bodies, questioning the position of Mr Osman in NUSOJ as well as his behaviour with journalists and donors, and reporting that his access to the UN premises has been restricted. Additionally, the Government indicates that Mr Osman was detained in Kenya due to a 3.6 million Kenyan shillings (KES) hotel debt, and his passports had been confiscated. He had reportedly been detained in Addis Ababa for a similar case.
9. 921. With regard to the Committee’s recommendation on the legal framework, the Government is undertaking an overhaul of the legal system and laws of the country. A significant number of laws date from the semi-communist regime era between 1970 and 1990. The Labour Code is also being reviewed. However, this process will take the necessary time to complete. Nevertheless, although the Labour Code may grant significant authority to the Government, this power is never used and trade unions enjoy many de facto freedoms.

The Committee’s conclusions

1. 922. The Committee recalls that it has been considering this serious case of threats, acts of intimidation and reprisals against union members and leaders on several occasions. In view of the seriousness of the matters raised and the apparent lack of understanding as to their fundamental importance, the Committee decided to have recourse to paragraph 69 of its procedure and invite the Government to come before it to expose the steps taken in relation to the pending matters for which the Government had not been providing adequate responses.
2. 923. While regretting that it had to decide to apply a measure of special nature to obtain information from the Government on the present case, the Committee welcomes the renewed engagement of the Government of the Republic of Somalia which has since provided a written communication and made an oral presentation. The Committee recalls the importance for all governments of providing within a reasonable time frame complete replies concerning allegations made against them or in follow-up to the Committee’s recommendations.
3. 924. The Committee recalls that the present case principally concerns serious allegations of interference in the operations of FESTU and NUSOJ and the unilateral determination of the Government to no longer recognize FESTU and NUSOJ under Mr Osman’s leadership. The Committee notes the latest information provided by the complainants to the effect that: (i) by a decision dated 4 February 2016, the Supreme Court of Somalia ruled that the general assembly held on 28–29 May 2011 which removed Mr Osman from office was not legitimate. Consequently, the Court invalidated the dismissal of Mr Osman and nullified the election of Mr Mohamed Ibrahim Isak (Pakistan) as Secretary-General of the union. The Court ordered the preparation of the next general assembly under the supervision of the head of the regional appeal court to be held within five months; (ii) NUSOJ obtained permission to hold its general assembly from 13 to 14 February 2016 and informed the Minister of Internal Security about the scheduled general assembly requesting support in relation to the safety of the participants. The Banadir Regional Appeal Court confirmed NUSOJ’s right to hold its general assembly must be respected and that the Ministry of Internal Security was obliged to safeguard the safety of the participants. Nonetheless, on 13 February 2016, NISA disrupted the meeting demanding written approval letters from the Ministry of Internal Security and the Ministry of Information. NUSOJ attempted to relocate the meeting to its headquarters in Taleex Street, however the police threatened to arrest the participants if they tried to proceed with the meeting; (iii) the Government has decided to team up with employers of the media sector in order to take over NUSOJ and remove the union from workers’ control; (iv) in May 2016, the former Chief Justice who made the landmark ruling for trade union freedom (Decision of 4 February 2016 of the Supreme Court which dismissed the May 2011 Congress of NUSOJ) and the chairperson of the Regional Appeals Court were sacked by presidential decree, although the President has no such power; and (v) in July 2016, the newly appointed Chief Justice wrote a letter supporting an attempt to delegitimize the authentic leadership of NUSOJ and propel individuals who have never been members, tacitly imposed by the Ministry, to lead the union. This action of the Chief Justice clearly compromises judiciary independence.
4. 925. The Committee notes from the Government’s submission that: (i) NUSOJ was split in two wings in 2011, one group accusing Mr Osman of financial misappropriation. A general assembly convened on 28–29 May 2011 removed Mr Osman and elected Mohamed Ibrahim Isak as the new Secretary-General of NUSOJ; (ii) following the Supreme Court ruling of 4 February 2016, NUSOJ held a democratic election on 17 May 2016 and chose a new leader without any kind of interference from the Government; (iii) the Government received written confirmation from FESTU affiliate unions that Mr Osman is not the Secretary General of FESTU; (iv) FESTU held a general assembly on 5–6 April 2016 and elected a new Secretary-General; and (v) consequently, in the Government’s view, Mr Osman does not represent NUSOJ or FESTU and in accordance with both trade unions constitutions, Mr Osman has no legitimacy to represent these two unions.
5. 926. In light of the information provided both by the complainants and the Government, the Committee observes that in February 2016 the Supreme Court held that the general assembly having ousted Mr Osman in 2011 was unlawful and called for the preparation of the next general assembly. It notes with deep concern the allegations that while NUSOJ has attempted to organize its general assembly in February 2016, in accordance with the order of the Supreme Court, the meeting was disrupted by security forces. The Committee also notes with concern allegations relating to the persistent attempt from the Ministry of Information to take over NUSOJ by convening media owners and managers to form a parallel executive board. The Committee firmly recalls the general principle that the right of workers’ organizations to elect their own representatives freely is an indispensable condition for them to be able to act in full freedom and to promote effectively the interests of their members. For this right to be fully acknowledged, it is essential that the public authorities refrain from any intervention which might impair the exercise of this right, whether it be in determining the conditions of eligibility of leaders or in the conduct of the elections themselves [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 391]. The Committee expects the Government to abide by the ruling of the Supreme Court concerning the leadership of NUSOJ and it urges the Government to refrain from any further interference in NUSOJ and FESTU internal affairs, and ensure that the elected leaders of these unions – in particular Mr Osman, until otherwise indicated by the union members themselves – are free to exercise the mandate given to them by their members in accordance with the unions’ by laws. The Committee trusts that the Government will recognize the leadership of NUSOJ and FESTU under Mr Osman without delay.
6. 927. The Committee is deeply concerned by the complainants’ allegation that the Chief Justice, namely Dr Aidid Abdullahi Ilkahanaf, who handed down the ruling in favour of Mr Osman – and against the Government’s position – has since been sacked by presidential decree. Observing that an independent judiciary is essential to ensuring the full respect for the fundamental freedom of association and collective bargaining rights, the Committee urges the Government to ensure full respect for this principle and to ensure that Dr Aidid Abdullahi Ilkahanaf is not subjected to threats for discharging his duties in accordance with the mandate bestowed upon him. The Committee requests the Government to reply in detail to this allegation.
7. 928. Furthermore, the Committee is concerned over the recent report on the arrest of Mr Abdi Adan Guled, Vice-President of NUSOJ, at his workplace in Mogadishu by NISA on 15 October 2016. According to the allegations, during the raid, NISA confiscated all the materials for publication of the newspapers, as well as computers, archives and cameras. The Committee urges the Government to provide without delay full explanations on the reasons for the arrest of Mr Abdi Adan Guled.
8. 929. With regard to allegations of threats against FESTU, the Committee notes from the Government submission that through police investigation it was found that Mr Osman has made up the threats against FESTU in order to gain international sympathy and support. The Committee however takes note with deep concern of the complainants’ serious allegation – uncontested by the Government – on the assassination attempt against Mr Osman on 25 December 2015. The incident took place outside of the NUSOJ headquarters, and one of Mr Osman’s bodyguards and two pedestrians were seriously wounded during the attack. The car and the assailants were allegedly apprehended, while no prosecution has yet been reported. The Committee recalls that in the event of assaults on the physical or moral integrity of individuals, an independent judicial inquiry should be instituted immediately with a view to fully clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts [see Digest, op. cit., para. 50]. The Committee urges the Government to provide without delay detailed information on any police investigation and judicial inquiry in relation to this very serious incident. More generally, the Committee urges the Government to ensure the protection and guarantee the security of FESTU and NUSOJ leaders and members, and establish a full and independent judicial inquiry in the event of any complaints relating to intimidation and threats affecting them.
9. 930. In this regard, the Committee is deeply concerned by the recent report of the assassination of Mr Abdiasis Mohamed Ali, a journalist and member of NUSOJ, who was killed on 27 September 2016 by two men armed with pistols in northern Mogadishu. Noting that the complainants denounce the fact that the law enforcement authorities have not yet conducted any investigation of the murder, the Committee calls on the Government to take all necessary measures to investigate urgently the assassination of Mr Abdiasis Mohamed Ali and to keep it informed of its outcome.
10. 931. Furthermore, noting with concern the complainants allegation on retaliatory measures taken against Mr Osman, in particular an investigation by the Attorney-General’s Office in April 2016, for having lodged a complaint with the ILO supervisory mechanisms, the Committee firmly recalls that union leaders should not be subject to retaliatory measures, in particular arrest and detention without trial, for exercising their rights which derive from the ratification of ILO instruments on freedom of association or for having lodged a complaint with the Committee. The Committee expects the Government to ensure full respect of this principle.
11. 932. The Committee further notes with concern allegations that the Ministry of Labour and Social Affairs spearheaded the setting up of a trade union for public sector workers by initiating a committee tasked to launch it, led by the Director of the Labour and Human Resources Department of the Ministry. FESTU was informed and protested. The complainants see this as another confirmation of interference by Somali authorities, denying workers their fundamental right to organize themselves freely and independently. The Committee is of the view that the involvement of the authorities in the process of setting up a trade union is in contradiction with the basic principle that employers and workers should have the right to establish organizations of their own choosing without previous authorization, and therefore constitutes a violation of the principles of freedom of association. Consequently, the Committee urges the Government to ensure full respect of this principle and to refrain from any initiative or connection in the setting up of a trade union.
12. 933. While the Committee has duly taken into consideration the elements provided by the Government concerning Mr Osman’s reputation, it nevertheless considers that this background information is not of a nature as to put into question the serious acts of an anti union nature by the Government in this case and the recommendations made thereon.
13. 934. In conclusion, the Committee wishes to emphasize that rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected. A climate of violence, coercion and threats of any type aimed at trade union leaders and their families does not encourage the free exercise and full enjoyment of the rights and freedoms set out in Conventions Nos 87 and 98. Consequently, the Committee urges the Government to endeavour to meet its obligations regarding the respect of these individual rights and freedoms, as well as its obligation to guarantee the right to life of trade unionists. Finally, the Committee recalls to the Government that it may wish to avail itself of the technical assistance of the Office in order to determine the appropriate measures to address effectively its outstanding recommendations.

The Committee’s recommendations

1. 935. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee expects the Government to abide by the ruling of the Supreme Court concerning the leadership of NUSOJ and it urges the Government to refrain from any further interference in NUSOJ and FESTU internal affairs, and ensure that the elected leaders of the unions – in particular Mr Osman, until otherwise indicated by the union members themselves – are free to exercise the mandate given to them by their members in accordance with the unions’ by-laws. The Committee trusts that the Government will recognize the leadership of NUSOJ and FESTU under Mr Omar Faruk Osman without delay.
   • (b) The Committee is deeply concerned by the complainants’ allegation that the Chief Justice, namely Dr Aidid Abdullahi Ilkahanaf, who handed down the ruling in favour of Mr Osman – and against the Government’s position – has since been sacked by presidential decree. Observing that an independent judiciary is essential to ensuring the full respect for the fundamental freedom of association and collective bargaining rights, the Committee urges the Government to ensure full respect for this principle and to ensure that Dr Aidid Abdullahi Ilkahanaf is not subjected to threats for discharging his duties in accordance with the mandate bestowed upon him. The Committee requests the Government to reply in detail to this allegation.
   • (c) The Committee urges the Government to provide without delay full explanations on the reasons for the arrest on 15 October 2016 of Mr Abdi Adan Guled, Vice-President of NUSOJ.
   • (d) The Committee urges the Government to provide without delay detailed information on any police investigation and judicial inquiry in relation to the assassination attempt against Mr Osman on 25 December 2015. More generally, the Committee urges the Government to ensure the protection and guarantee the security of FESTU and NUSOJ leaders and members, and establish a full and independent judicial inquiry in the event of any complaints relating to intimidation and threats affecting them.
   • (e) The Committee calls on the Government to take all necessary measures to investigate urgently the assassination of Mr Abdiasis Mohamed Ali, a member of NUSOJ, and to keep it informed of its outcome.
   • (f) The Committee urges the Government to ensure full respect of principles related to the right to establish organizations of their own choosing without previous authorization and to refrain from any initiative or connection in the setting up of a trade union.
   • (g) The Committee firmly recalls that union leaders should not be subject to retaliatory measures, in particular, arrest and detention without trial, for exercising their rights which derive from the ratification of ILO instruments on freedom of association or for having lodged a complaint with the Committee. The Committee expects the Government to ensure full respect of this principle.
   • (h) The Committee recalls to the Government that it may wish to avail itself of the technical assistance of the Office in order to determine the appropriate measures to address effectively its outstanding recommendations.