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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