A/HRC/39/72 F. Follow-up on the right to freedom of association 34. The Independent Expert followed up on a matter previously reported relating to the existence of two factions within the National Union of Somali Journalists. 7 He enquired from Federal Ministers and the Union factions about the status of implementation of the recommendations of the International Labour Organization (ILO) in which it, inter alia, called upon the Government to desist from interfering in the affairs of the Union and to guarantee the right to freedom of expression, to protect journalists from harassment, arrests, intimidation, threats and attacks and to investigate the assassination of journalists and threats thereof. The fact that there are two individuals who claim to lead the Union indicates that the matter has not yet been resolved. The Federal Government is equally divided on the issue. What started as dispute in the leadership in the Union has metamorphosed into a trade union issue attracting international attention at ILO, with the European Parliament and a number of European jurisdictions issuing orders and declarations against one of the leaders/factions in the Union. 35. The Independent Expert has sought to mediate the issue, primarily as a matter concerning the leadership of the National Union of Somali Journalists, but also to ensure that ILO8 recommendations are implemented. In his view, the core of the problem is which of the two persons was elected legally as Secretary-General of the Union. When the Independent Expert met with the two sides, he sought clarifications on: (a) Whether their respective elections as Secretary-General had been conducted in accordance with the Supreme Court ruling of 4 February 2016; (b) Whether the elections had been consistent with the constitution of the Union. 36. The session did not bear any positive results but only managed to highlight the divergent views and claims for legitimacy by both sides. 37. The Independent Expert concluded that there were indeed two factions of the National Union of Somali Journalists operating side by side, with each one answering to a different constituency. Each of them has addressed communications to him at different times. 38. The Independent Expert holds the view that a lasting solution to the existence of two Secretaries-General of the National Union of Somali Journalists would be the proper implementation of the 4 February 2016 Supreme Court decision. There are three important observations he wishes to make: (a) the Supreme Court discussed the two general meetings held by the different “factions” — on 14–15 March 2011 and on 28–29 March 2011 — and declared the latter illegitimate and the former legitimate, including the election of Omar Farouk Osman; (b) the Court nonetheless directed that, as the three-year term allowed by the constitution of the Union had expired, fresh elections should take place within five months, overseen by the head of the regional appeals court, to validate the legitimacy of the participants at the general meeting and the results; and (c) it later transpired that the general meeting of the Union that had been organized by Mr. Osman on 13 February 2016 had been disrupted by National Intelligence and Security Services agents, notwithstanding that it had been sanctioned by the Banadir Regional Court. Yet the Government reported to ILO that a new Union leadership had been elected at a general meeting on 17 May 2016.9 39. ILO is on record as stating that the Government had interfered in the affairs of the National Union of Somali Journalists. It recalled the right of workers’ organizations to elect their representatives freely as an indispensable condition to protect their interests. It stated that it is essential that public authorities desist from interference, so that workers enjoy this right. ILO urged the Government to abide by the Supreme Court decision and to refrain from interfering with the internal affairs of the Union and the Federation of Somali Trade 7 8 9 10 See A/HRC/36/62, paras. 36–38. See 380th report of the Committee on Freedom of Association, available at www.ilo.org/gb/GBSessions/GB328/ins/WCMS_534575/lang--en/index.htm; and 383rd report, available at www.ilo.org/gb/GBSessions/GB331/ins/WCMS_592687/lang--en/index.htm. See 380th report, paras. 914, 924, 926 and 935 (a).