The attention of the African Regional Organisation of the International Trade
Union Confederation (ITUC-Africa) has been drawn to disturbing developments in
Somalia concerning state institutions preventing trade unions from conducting
their legitimate operations. We condemn these needless attacks on trade union
rights in Somalia.

Reports reaching us point to the fact that the National Intelligence and Security
Agency (NISA) acting on the orders of the Ministry of Information prevented the
National Union of Somalia Journalists (NUSOJ) from conducting its General
Assembly (GA). The GA was originally slated for 13-14 February 2016 in
Mogadishu, but was prevented from convening by the aforementioned state
agencies in a way and manner that breaches national law in Somalia and
international instruments ratified by Somalia.

We know that the national Constitution of Somalia has clear provisions on the
freedoms of association, expression and assembly of citizens. Precisely, Article 16
(on Freedom of Association); Article 20 (on Freedom of Assembly, Demonstration,
Protest and Petition) and Article 24 on (Labour Relations) all speak to the
provision of these rights.

Furthermore, Somalia has ratified the International Labour Organisation (ILO)
Convention 87 (Freedom of Association and Protection of the Right to Organise) of
1948. This Convention provides that workers (as well as employers), without
distinction whatsoever, have the right to establish and join organisations of their
own choosing without previous authorization. Again, the Convention in Article
3(2) expressly prohibits public authorities from any interference which will
restrict or impede the lawful exercise of the rights contained in this convention.
We note with alarm that the authorities in Somalia mostly observe these
provisions in the breach

We recall that on 4th February 2016, in a case brought before the Somalia Supreme
Court by the NUSOJ leadership, the Court (the highest ranking in the land) gave a
ruling, which amongst others, confirmed the legitimacy of the NUSOJ leadership
and held that the Somali Government committed serious violations of freedom of
association against NUSOJ and interfered in their internal affairs.

On the strength of this ruling, NUSOJ, we have been informed, went about the
preparations for their General Assembly. They informed the relevant state
agencies accordingly, as well as invited 66 delegates from the length and breadth
of Somalia.

In a similar manner, the Banadi Regional Appeal Court, mandated by the Somalia
Supreme Court to observe the NUSOJ General assembly, wrote to the Ministry of
Internal Security, NISA and Somali Police Force to provide adequate security for
the event

Rather than provide security, NISA went ahead to prevent the meeting from taking
place in a manner that undermines the rule of law and violates the rights of
freedom of association and assembly of Somali workers.

Our worries are heightened by the fact that these attacks on trade union rights
persist in spite of judicial intervention as demonstrated by the recent ruling and
directive of the relevant courts. This is unfortunate and unacceptable

ITUC-Africa therefore strongly condemns these attacks by NISA and the Ministry of
Information and call on the Somali Government to take urgent and practical steps
to prevent such attacks from recurring.

The rights of NUSOJ and other independent and democratic trade unions, as well as
those of their members deserve to be guaranteed, preserved and promoted by the
Somalia Government.

Kwasi Adu-Amankwah – General Secretary ITUC-Africa

Issued from Lome – Togo, 17th February, 2016