Somalia Defends Right to Strike Before UN’s Top Court, Wins Praise from Trade Unions

The Federation of Somali Trade Unions (FESTU), the national labour centre representing Somali workers, has welcomed the strong and principled stance taken by Somalia before the International Court of Justice (ICJ) in The Hague in defence of the right to strike.

The ICJ, the principal judicial organ of the United Nations, held public hearings from 6 to 8 October 2025 on a request for an advisory opinion concerning the Right to Strike under ILO Convention No. 87. Somalia appeared before the Court on 8 October, taking an authoritative position that the right to strike is an indispensable and inseparable component of freedom of association guaranteed by the Convention.

Somalia’s delegation was led by Ambassador Khadija Osoble Ali, the country’s Ambassador to Belgium, the Netherlands and the European Union. In her statement, the Ambassador argued that the right to strike is a fundamental part of freedom of association and is fully protected under Convention No. 87. She said that without the right to strike, workers’ organisations would be left without the means to defend their members’ interests, making freedom of association meaningless in practice.

Ambassador Osoble noted that Somalia’s position is anchored in the country’s constitutional guarantees, domestic legislation and international commitments. Article 24 of the Constitution of the Federal Republic of Somalia explicitly grants every worker the right to strike. She also highlighted that Somalia’s revised Labour Code, adopted earlier this year, enshrines the right to strike and provides clear mechanisms for its lawful exercise.

The new Labour Code, the first major reform of national labour legislation in over five decades, was developed through close cooperation between the Federal Government of Somalia, the Somali Chamber of Commerce and Industry (SCCI) representing employers, and FESTU, with technical guidance from the International Labour Organization (ILO). According to the Ambassador, this modern framework ensures that the right to strike is not only recognised in law but also respected and applied in practice.

Since Somalia’s ratification of ILO Convention No. 87 in 2014, the country’s tripartite partners have worked with the ILO to harmonise national labour laws with international labour standards, ensuring that workers’ rights are protected in line with global norms.

FESTU General Secretary Omar Faruk Osman praised the government’s strong position before the ICJ, describing it as “a clear demonstration of Somalia’s commitment to justice, fairness and international labour rights.” He said the trade union movement had worked hand in hand with the government to develop a unified national position that reflects both national and international obligations.

“Somalia’s intervention before the Court shows that we stand on the side of workers, justice and human rights,” Osman said. “This is a proud moment for Somali workers and a meaningful contribution to the global trade union movement.”

FESTU, which aligns itself with the position of its global partner, the International Trade Union Confederation (ITUC), reaffirmed that the right to strike is a cornerstone of democracy, equality and social progress. The federation said it remains the most powerful tool workers have to protect their livelihoods, improve working conditions and pursue justice.

By defending this right before the world’s highest court, FESTU said, Somalia has set an inspiring example of leadership and reaffirmed its commitment to decent work, fairness and the values of the ILO.

FESTU also commended the ILO Governing Body for seeking the advisory opinion and expressed confidence that the ICJ’s eventual ruling will confirm the right to strike as a universal and indivisible element of ILO Convention No. 87.