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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - 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. At that time, the Committee took note of observations received since 2015 from the International Trade Union Confederation (ITUC) and the Federation of Somali Trade Unions (FESTU) concerning restrictions on the exercise of trade union rights, the non-recognition of unions in ministries, and a climate of violence against trade unions, as well as impunity in this respect.

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 CFA took due note of the withdrawal of the complaint against the Government of Somalia from 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 CFA also referred to a communication from the Government dated 22 September 2019 where the Government confirmed its acceptance of the CFA’s outstanding recommendations. The Committee notes this information with interest.

The Committee also notes that the 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 on any further developments.