A/HRC/42/62 10. Labour reforms and workers’ rights 61. Somalia finalized the revision of its labour law in February 2019. Once adopted, it will replace the 1972 Labour Code. The revised Labour Code reflects international labour standards, social justice and the principle of tripartite dialogue. It will govern trade union matters, employment and remuneration issues, occupational health hazards, industrial safety, labour relations and the other fundamental rights of workers. The revised Labour Code also includes provisions aimed at enhancing the rights of workers with disabilities. 62. The Independent Expert was informed by representatives of the Federation of Somali Trade Unions that 319 workers had been killed and more than 500 wounded in 2018–2019 due to bomb attacks on hotels and restaurants. The protection of workers’ rights in both the private and public sectors remains weak. Workers are not given written contracts, they work overtime without pay, and are not paid adequate and regular wages. Female workers face additional challenges and discrimination, including unequal pay for equal work, a lack of promotion opportunities, sexual harassment and violence, and nonrespect for maternity leave. Nurses working in government hospitals were adversely affected following the Federal Government’s repossession of public hospitals, because they were forced to take a pay cut. Employees face reprisals for belonging to unions and they are paid less than non-union members. 63. The Federal Government revised its Civil Service Law in 2018, although it still prohibits public servants, including those not in emergency and security sectors, from striking. 11. Inter- and intra-clan conflicts 64. Inter- and intra-clan conflicts in Somalia remain a matter of concern. The population of Somalia is composed of major clans, which are subdivided into smaller clans. Inter-clan conflicts and retribution for the death of a clan member leads to a vicious circle of violence, which is endemic. Payments of diya – compensation of 100 camels for a loss of life – is unsustainable for many families or clans. The conflicts have become deadly because of the proliferation of small firearms. 65. Every aspect of life, culture, and politics in Somalia revolves around clans. The Federal Government is working to de-politicize clan relations. The Independent Expert learned that the major cause of intra-clan conflicts was competition for resources, namely access to land, water and pasture, which were becoming acute because of climate change. 66. He was informed that, in the 1990s, following the breakdown of government, members of large clans invaded lands belonging to smaller and weaker clans, particularly in Lower Shabelle. At the time of the visit, there was intra-clan fighting to the east of Somaliland, along the border with Puntland. The clan conflict in Galkayo was resolved through local peace committees, following the mediation of IGAD and UNSOM. Inter-clan conflicts also occur during floods and droughts when people from strong clans invade the land of less powerful clans. Water – a cause of and solution to intra-clan conflicts 67. Access to water is a basic necessity and a fundamental human right. Somalia is considered a water-stressed country, receiving less than 600 m3 of rain each year. Water scarcity is a major cause of intra-clan clashes. Frequent drought has lowered the water table and boreholes and wells have dried up. The unique climatic conditions, climate change and the pastoralist lifestyle of the Somali people necessitate walking long distances in search of pasture and water for human and livestock use. This leads to encroachment on other clans’ land and to intra-clan conflicts at the level of local communities. Addressing the question of water will contribute significantly to peace and reconciliation among clans. 68. The management of land and water utilization are among possible solutions to address inter-and intra-clan conflicts. Viable alternative supplies of water in rural communities could also be a solution to such conflicts. The Independent Expert was informed that during the dry season, rape cases against women increase, because they can walk as far as 20 km to fetch water. The Federal Government plans to drill 100 boreholes 12

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