Somali Trade Unions Oppose New Labour Law Due to Rights Concerns

Somalia’s Trade Unions Reject New Labour Code Amidst International Concerns

The Somali Congress of Trade Unions (SOCOTU) has expressed strong opposition to the recently enacted Somali Labour Code (Law No. 36), highlighting its failure to meet international labour standards and the lack of meaningful involvement of workers’ representatives in its drafting process.

• The law was approved by the Ministry of Labour and Social Affairs without proper tripartite consultation.
• SOCOTU argues that the code undermines existing labour rights.
• The union seeks an immediate review involving all stakeholders for compliance with international standards.

Exclusion from the Law Reform Process

SOCOTU’s statement, released on Saturday, emphasized the absence of genuine dialogue among the government, employers, and workers as a critical flaw in the law’s adoption. This omission violates the International Labour Organization (ILO) Convention No. 144, which mandates such consultations during labour law reforms.

• The law violates principles aimed at protecting workers’ rights.
• It disregards the essential input from trade unions.
• Critics point to a pattern of governance that sidelines worker representation.

Concerns Over Worker Rights and Protections

The new Labour Code also raises alarms regarding its compliance with ILO Conventions No. 87 and No. 98, which are designed to safeguard freedom of association and the right to collective bargaining. SOCOTU criticized several provisions that grant excessive control to the Ministry of Labour over trade unions, effectively weakening collective bargaining processes.

• Ministerial overreach is seen as detrimental to union autonomy.
• Critics argue that independent enforcement mechanisms must be established.
• Concerns persist regarding vague sanctions and ineffective Labour inspections.

Potential Undermining of Labour Protections

Further, SOCOTU’s statement highlighted potential negative impacts on informal workers, the lack of adequate protections for them, and a considerable degradation of the rights associated with fair wage determination. “The current Labour Code risks rolling back hard-won labour rights instead of advancing decent work,” the union warned.

• The legislation fails to reflect the realities faced by Somali workers.
• Weak labour inspection systems are expected to perpetuate exploitation.
• Guarantees for freedom of association remain insufficient.

Calls for Review and Stakeholder Dialogue

The trade union body has urged an immediate review of the Labour Code by the government through a genuine tripartite social dialogue. SOCOTU insists on the full and equal participation of workers’ organizations, employers, and government representatives in any legislative revisions.

• Legislation must align with Somalia’s international labour obligations.
• A collaborative approach is essential for meaningful reform.
• The unions want to ensure that the rights of Somali workers are upheld.

The Impact on Somali Workers

For the past 30 years, Somalia has lacked a supportive labour law framework, raising significant concerns among trade unions that this new code could further erode the rights of Somali workers. Attempts to engage the Ministry of Labour and Social Affairs for comments on the matter have gone unanswered.

• The absence of a robust framework raises fears of deepening exploitation.
• Workers’ rights in Somalia face increasing challenges amidst legislative changes.
• Union responses reflect a broader concern for the future of labour rights in the country.

By Ali Musa
Axadle Times international–Monitoring.