Rapport intérimaire - Rapport No. 383, Octobre 2017

1. 592. The Committee last examined this case at its October–November 2016 meeting where it presented an interim report to the Governing Body [see 380th Report, approved by the Governing Body at its 328th Session (October–November 2016), paras 898–935].
2. 593. The National Union of Somali Journalists (NUSOJ) sent additional information in relation to the complaint in a communication dated 31 May 2017.
3. 594. The Government sent a communication dated 10 September 2017 in relation to the case.
4. 595. 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. 596. In its previous examination of the case at its October–November 2016 meeting, the Committee made the following recommendations [see 380th Report, para. 935]:
   • (a) The Committee expects the Government to abide by the ruling of the Supreme Court concerning the leadership of the NUSOJ and it urges the Government to refrain from any further interference in the 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 the NUSOJ and the 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 the 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 the FESTU and the 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 the 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.

B. Additional information from the complainants

1. 597. In a communication dated 31 May 2017, the NUSOJ transmitted a copy of a legal advice dated 11 May 2017 from the State Attorney General to the Ministry of Labour and Social Affairs concerning the present case before the Committee. In its communication in reply to the request from the Ministry of Labour and Social Affairs, the State Attorney General advises the Government to comply with the recommendations made in October 2016 by the Committee on Freedom of Association in relation to the case. Furthermore, the State Attorney General reminds the Government of the independent nature of trade unions and other civil societies’ organizations which should be free to organize themselves and elect their own representatives without any interference from the Government, as long as they do not disturb general security. The NUSOJ denounces the fact that despite the legal advice, the Government still fails to implement the recommendations of the Committee.
2. 598. The NUSOJ further indicated however that Mr Omar Faruk Osman, its Secretary-General, was summoned at the Attorney General’s Office on 29 May 2017 and was told verbally that he would be interrogated on two accusations levelled against him. He was requested to come back to the Attorney General’s Office on 31 May. He was then given the official letter of summon containing the two following accusations: (i) organization on 3 May 2017 of a commemoration of world press freedom at the Diplomatic Hotel without authorization from the Ministry of Information; and (ii) issue on 6 May 2017 of an abusive statement offending and defaming the Minister of Information of the Federal Government.
3. 599. According to the complainant, it is clear that the Ministry of Information is behind the accusations made and is interfering behind the scene. The complainant indicated that Mr Osman appeared before the Attorney General’s Office and replied to the accusations confidently. He recalled in particular that according to the national Constitution, the highest law of the land, there was no need to request or obtain any authorization from a ministry to hold a meeting.

C. The Government’s reply

1. 600. In its communication dated 10 September 2017, the Government acknowledges that it has sought advice from the State Attorney General over the case and confirms that the latter wrote to relevant Ministries and guided concerned authorities to comply with the recommendations of the Committee. The Government states that it accords a great weight to the legal advice.
2. 601. The Government further states that there is no disagreement that the Federation of Somali Trade Unions (FESTU), led by Mr Omar Faruk Osman, is the most representative workers’ organization. It also acknowledges Mr Osman as the leader of the NUSOJ. However, the Government is seeking to resolve political differences between the FESTU and policymakers within the Government.
3. 602. Finally, the Government requests the assistance of the ILO to facilitate a constructive dialogue and to find a solution to the long standing dispute in a harmonious manner.

D. The Committee’s conclusions

1. 603. The Committee recalls that it has been considering this serious case of alleged threats, acts of intimidation and reprisals against members and leaders of the FESTU and the NUSOJ on several occasions. In view of the seriousness of the matters raised and the apparent lack of understanding from part of the Government as to their fundamental importance, the Committee decided to have recourse to paragraph 69 of its procedure and invited the Government to come before it to expose the steps taken in relation to the pending matters for which it had not been providing adequate responses. The Government had provided a written communication in March 2016 and made an oral presentation before the Committee at its meeting of May–June 2016.
2. 604. The Committee notes the information provided by the complainant to the effect that: (i) despite a legal notice issued on 11 May 2017 by the State Attorney General advising the Ministry of Labour and Social Affairs to comply with the recommendations made in October 2016 by the Committee on Freedom of Association in relation to the case, to date the Government has failed to implement those recommendations; and (ii) Mr Omar Faruk Osman, Secretary-General of both the FESTU and the NUSOJ, was summoned at the Attorney General’s Office on May 2017 and received a letter whereby he was accused of organizing on 3 May 2017 a commemoration of world press freedom without authorization from the Ministry of Information; as well as of issuing on 6 May 2017 a statement offending and defaming the Minister of Information. The Committee notes that in the complainant’s view, the Ministry of Information is behind these accusations which proves the constant retaliatory acts of the authorities against the legitimate trade union activities of NUSOJ. The Committee urges the Government to provide detailed observations on these accusations against Mr Omar Faruk Osman as well as information on any follow-up to this procedure.
3. 605. The Committee takes due note of the communication dated 10 September 2017 whereby the Government: (i) acknowledged that the Ministry of Labour and Social Affairs sought advice from the State General Attorney over the case and that the latter wrote to relevant Ministries and guided concerned authorities to comply with the recommendations of the Committee; (ii) acknowledged that the FESTU, led by Mr Omar Faruk Osman, is the most representative workers organization in the country and that Mr Osman is the leader of the NUSOJ; (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 ILO to facilitate a constructive dialogue and to find a solution to the long-standing dispute in a harmonious manner.
4. 606. The Committee welcomes the commitment of the Government to engage in finding a solution to this case which contains allegations of a very serious nature (arrest of the NUSOJ Vice President; assassination attempt against the NUSOJ Secretary-General; assassination of a journalist, member of NUSOJ; interference from the authorities in the setting-up of a trade union). Consequently, the Committee reiterates its previous recommendations in this regard and expects the Government to rapidly provide information on the measures taken to ensure that the FESTU and the NUSOJ can fully develop their trade union activities without hindrance and that independent judicial inquiries are promptly instituted in the event of any complaints of interference, threats or acts of violence against trade union members and leaders, this in order to fully uncover the underlying facts and circumstances, identify those responsible, punish the guilty parties, and prevent the repetition of such acts.
5. 607. The Committee trusts that the Government will benefit as soon as possible from the Office’s technical assistance in order to address effectively its outstanding recommendations.