Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee takes note of the Government’s comments in response to the 2020 observations of the Federation of Somali Trade Unions (FESTU), alleging violations of the right to organize, including the right to strike, at an airport management company, as well as pressures and threats by the police against trade union officials. The Government points out that the new Labour Code explicitly criminalizes any act of discrimination or any act restricting the right of freedom of association (sections 143–144) and that the Ministry of Labour and Social Affairs (MoLSA) has opened investigations into the FESTU’s allegations. The Committee requests the Government to inform it of the outcome of these investigations.

The Committee takes note of the new labour Code enacted in February 2025. While highlighting the efforts made to ensure that the country introduces new labour legislation providing an explicit recognition of freedom of association and a legal framework for trade union activities, the Committee notes with regret that the adoption of the new law did not address its previous comments.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. Definition of worker. The Committee notes that the definition of “worker” in section 2(14) of the new Labour Code refers to a person who undertakes to perform work for an employer for remuneration, thus excluding from the Code’s scope of application workers who are not under a contract of employment. The Committee recalls that Article 2 of the Convention does not apply only to employees but more broadly to all workers without distinction whatsoever, and that national laws and regulations may only exclude from the guarantees of the Convention the armed forces and the police. Noting the Government’s stated commitment to review this provision to explicitly extend coverage to self-employed and informal workers, the Committee requests the Government to take necessary measures to ensure that these workers can establish and join organizations for furthering and defending their interests and otherwise enjoy the guarantees under the Convention.

Minors. The Committee notes that the Labour Code does not allow persons below 15 years of age to join a trade union (section 173). The Committee recalls that minors who have reached the minimum legal age for admission to employment, both as workers and as apprentices, should be admissible for trade union membership (2012 General Survey on the fundamental Conventions, para. 78). The Committee therefore requests the Government to take the necessary measures to amend section 173 of the Labour Code to guarantee the right to organize for minors having access to the labour market in compliance with the conditions laid down in the Labour Code, both as workers and apprentices.

Civil service. The Committee notes that the Labour Code applies to all employees, including civil servants to the extent that any of their terms and conditions of service are not governed by any other law (except for the armed forces and police) (section 3). In its previous comments, the Committee noted that the draft Civil Service Law provided that federal civil service employees were only entitled to associate in trade unions or other organizations if the exercise of their rights was not unfavourable to the public interest (article 8.1.6). The Committee recalls that the guarantees under the Convention also apply to public servants (General Survey of 2012 on the fundamental Conventions, para. 64) and deems that the right to establish or join organizations of their own choosing may not be limited for public servants on account of considerations such as public interest. Noting the Government’s indication that the Civil Service Law is being finalized, the Committee requests the Government to ensure that the right of workers to establish and join organizations of their own choosing is recognized to all civil service employees, with the sole possible exception of the armed forces and the police, and without subjecting the enjoyment of such right to public interest considerations.

Right of workers and employers to establish and join organizations without previous authorization. Amalgamation of organizations. The Committee notes that the amalgamation procedure for trade unions and employers’ organizations is regulated by section 168 of the Labour Code, which stipulates that an amalgamation may only occur if at least 50 per cent of the members of each organization have voted, and if the number of voters in favour of the proposed amalgamation exceeds by at least 20 per cent the number of voters against it. While noting the Government’s indication that this provision only establishes a general framework, the Committee requests the Government to review this provision in consultation with the social partners, with a view to leaving the setting of internal decision-making requirements for amalgamation to the bylaws of the organizations concerned.

Article 3. Right of organizations to elect their representatives. Election procedures. The Committee notes that section 176(4)(b) of the Labour Code allows the Registrar to issue directions to trade unions and employers’ organizations to ensure that their elections are conducted in accordance with the basic rules on election of officials set out in section 176. The Committee recalls that, while legislation may promote democratic principles in relation to trade union election processes, the manner in which the elections are carried out should be left to the autonomy of the organizations concerned and provisions that could allow control over the electoral procedure by the administrative authorities, such as through the issuance of directions, are incompatible with the Convention (General Survey of 2012 on the fundamental Conventions, para. 101). In view of the above, The Committee requests the Government to take the necessary measures to amend the Code to remove any control by the Registrar over trade union election processes.

Conditions of eligibility of representatives. The Committee takes note that the Labour Code sets out restrictions regarding the eligibility for office of representatives of workers’ and employers’ organizations. It notes that trade union officials may not represent more than one organization (section 175(2)). Recalling that the determination of conditions of eligibility for office is a matter that should be left to the organizations’ bylaws, the Committee requests the Government to take the necessary measures to remove the above-mentioned restrictions from the legislation.

The Committee further notes that, according to section 175(5) of the Code no person who has been convicted of a criminal offence involving fraud or dishonesty is permitted to be an official of a trade union or employers’ organization, which the Government considers as proportionate safeguards not amounting to undue restrictions. The Committee recalls, however, that conviction for an act the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the performance of trade union duties should not constitute grounds for disqualification from trade union office (2012 General Survey on the fundamental Conventions, para. 106). In view of the above, the Committee requests the Government to provide information on the application in practice of this provision, and to indicate, in particular, whether the exclusion from trade union office eligibility is permanent or may be limited in time – for example, in light of national regulations concerning criminal records.

Right of organizations to organize their administration and activities and to formulate their programmes. Financial management. The Committee notes that sections 184 to 189 of the Labour Code regulate in detail several aspects related to the financial management of workers’ and employers’ organizations and allow the Registrar to request accounts from their officials and to seek injunctions and court orders to restrain the expenditure of their funds. While noting the Government’s statement that the aim of such provisions is limited to cases of fraud, misuse of funds or upon complaints from members, the Committee recalls that the supervision of the financial management of organizations should not go beyond the obligation to submit annual financial reports, and that the verification of accounts should only be carried out if there are serious grounds to believe that the actions of the organization are contrary to its rules or the law, or if a reasonable proportion of members file a complaint (2012 General Survey on the fundamental Conventions, para. 109). In view of the above, the Committee requests the Government to take the necessary measures to amend the legislation to ensure that, beyond the obligation to submit annual financial reports, administrative authorities are only allowed to control and inspect the financial management of organizations in cases in which serious grounds of unlawful activity or the initiative of a certain percentage of members warrant such an intervention.

Internal administration. The Committee notes that the Labour Code allows public authorities to control matters such as misuse of properties and assets of workers’ and employers’ organizations (section 188) and the deduction of trade union dues (section 182). The Committee recalls that the organizations’ freedom to organize their administration includes the right to dispose of all their fixed and moveable assets unhindered. It further recalls that the deduction of trade union dues by employers and their transfer to trade unions is a matter that should not be solely determined by law but be dealt with through collective bargaining without any intervention by the public authorities (General Survey of 2012 on the fundamental Conventions, para. 114). The Committee therefore requests the Government to take the necessary measures to amend the legislation so as to limit the supervisory powers of the administrative authorities to control the internal administration of organizations.

Right to strike. Public service. The Committee notes that the Labour Code authorizes the right to strike for public employees except civil servants exercising authority in the name of the State (section 211(3)(a)). It recalls that it observed in this respect that the draft Civil Service Law provided that federal civil service employees should only be entitled to strike if the strike did not become detrimental to public interest (article 8.1.5). The Committee recalls that the prohibition of exercising the right to strike in the public service should be limited to public servants exercising authority in the name of the State, a category that does not include, among others, teachers, postal workers or railway employees (General Survey of 2012 on the fundamental Conventions, para. 130). It also recalls that provisions prohibiting strikes on the basis of potential detriment to public order or national interest are not compatible with the right of organizations to organize their administration and activities and to formulate their programmes (2012 General Survey on the fundamental Conventions, para. 132). The Committee therefore requests the Government to take the necessary measures to amend the draft Civil Service Law in order to ensure that prohibitions to exercise the right to strike may only relate to civil servants exercising authority in the name of the State, or to essential services in the strict sense of the term and situations of acute national crisis.

Article 4. Prohibition of dissolution or suspension of organizations by administrative authority. The Committee notes that according to section 171(1)(a) of the Labour Code, the Registrar has the power to dissolve any trade union, employers’ organization or federation the activities of which are considered to be detrimental to the interests of the members. While noting the Government’s indication that any decision of suspension or dissolution must follow due process, the Committee recalls that the dissolution and suspension of trade union organizations constitute extreme forms of interference by the authorities and should therefore be accompanied by all the necessary guarantees, especially a normal judicial procedure, which should have a suspensory effect (General Survey of 2012 on the fundamental Conventions, para. 162). The Committee therefore requests the Government to take the necessary measures to modify the new legislation so as to minimize the Registrar’s powers with regard to cancellation and suspension of registration, and to ensure that in case of judicial appeal against a decision to dissolve an organization or to suspend or cancel its registration, such decision does not take effect until the end of the appeal procedure.

The Committee hopes that the Government will make every effort to initiate a review process that takes into account its observations on the above-mentioned issues, so that the legislation is fully in line with the Convention. The Committee requests the Government to keep it informed of the progress made.