The right to work is one of the basic human rights such as food, health, housing, and education. The right to work primarily protects individuals against exclusion from the economy and the unemployed against social isolation. The right to work is vital for realizing other human rights and inherent part of human dignity. Every individual has the right to be able to work, allowing him/her to live in dignity and contributing to the survival of the individual and to that of his/her family. , and insofar as work is freely chosen or accepted, to his/her development and recognition within the community. Right to just and favourable conditions of work, and trade union-related rights are closely connected with the right to work.
The phrase "the right to work" was first coined by the French socialist leader Louis Blanc in 1846 during the financial crisis which led up to the French Revolution of 1848. The right to work issues usually arise when the supply of labour exceeds the demand or when a large number of people have to work for others, and when the social systems of communities and families to share available resources fails. Historically, the right to work became an issue for the first time during the industrial revolution, because only a few own the means of production and the typical person earns his living by working for a wage.
State obligations arising from the right to work
The right to work is recognized in several international legal instruments which provide comprehensive guidance to states regarding their obligations to respect must not destroy a person’s opportunity to earn his or her living, protect and prevent this opportunity from being destroyed by third parties and fulfil the right to work through providing the opportunity to earn one’s living to those who do not have this opportunity. The right to work international legal instruments include:
• Charter of the United Nations article 1, paragraph 3 purposes states to resolve economic, social, cultural, or humanitarian problems in their countries and to promote and encourage the respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion;
• United Nations Universal Declaration of Human Rights Article 23 (1) insists on “The right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment” and the prevention from forced labour, slavery, or gross exploitation,
• The International Covenant on Economic, Social, and Cultural Rights (ICESCR) Article 6(1) also instructs the States “to recognize the right of everyone to the enjoyment of just and favourable conditions of work”.
• Similarly, Article 7 of the ICESCR advises the States to safeguard the right of workers to form or join the trade union of their choice and the right to strike.
• ICESCR, Article 8 stresses that the States ensure the accessibility of their citizens to free or affordable technical and vocational guidance and training programmes and to set up free employment services for all workers.
• The Universal Declaration of Human Rights Article 24 guides the right of workers to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
• The African Charter on Human and Peoples' Rights Article 15, recognizes “the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work”
State responsibility to promote employment
Based on ILO recommendations, states need to develop and implement employment policies that address economic growth and development, raising levels of living, meeting manpower requirements and overcoming issues around unemployment and underemployment. The national employment policies should aim to promote full, productive and freely chosen employment. When drafting national employment policies, particular attention should be paid to prohibiting discrimination regarding access to work and should facilitate the entry of specific marginalized groups such as the elderly, youth and persons with disabilities, and above all women among those groups into labour markets. Women commonly experience systemic barriers in virtually every aspect of work, from getting jobs to the type of work they acquire or are barred from, the availability of basic support such as childcare, equal pay, working conditions, access to higher-paying jobs, the insecurity of their jobs, the absence of pension entitlements or benefits, and the lack of time, resources or information necessary to enforce their rights.
The national employment policy should also target reducing the number of workers engaged in the informal economy and extending the protection to workers in all areas of the economy, including the domestic and agricultural sectors. The main goal of employment policy should be the achievement of full and productive employment as fast as possible, by a nation’s resources. The employment policy should address the concerns of the long-term unemployed and low-income earners through the development of public work programmes.
Somaliland employment laws and policies: National employment policy (NEP) of 2020
Somaliland has a comprehensive, recently created but not yet implemented national employment policy to create employment opportunities for the growing labour force, improve the living conditions of the working class and contribute to economic growth and national development within the framework of equity, fairness, security and dignity. The NEP has presented a grand vision where society engaged in decent gainful employment capable of generating adequate income to sustain it, and reduce poverty as envisaged by the Vision 2030 and National Development Plan (2017-2021), as well as facing the challenges of labour market gaps in the globalized economy.
The NEP covers wide range areas of economic sectors including the production sector (Agriculture, Livestock and Fisheries), Infrastructure and Labour Intensive Programmes sector, Private Sector, Education and Training sector, Research, Innovation and Technology sector, Informal sector and MSMEs, Women Empowerment, Promotion youth Employment, Diaspora Investment and Employment, Persons with Disabilities, Child Labour, Persons living with HIV/AIDS, Occupation Health and Safety and Labour Market Information. However, the current national legal and regulatory frameworks do not provide provisions to apply the implementation of NEP. Hence, the current labour and employment law must be reviewed to facilitate the implementation of the NEP.
Somaliland Labour/ employment laws
In Somaliland, two laws are governing the issues on labour and employment:
1. Somaliland labour/employment law (Law, No. 31/2020) is the key labour and Employment Law in the country and applies to all employees, except public employees. The Law deals with the minimum rights of employees including recruitment, contracts of employment, health & safety at work, settlement of employment disputes, employment registration, trade unions, the rights and duties of employees and employers, the role of the Labour Office, Skills training and remuneration, work permits for foreign employees etc. this law was passed in 2020, hence not yet fully implemented.
2. Somaliland Civil Service Law (Law No. 7/96) applies to permanent officials in the public service (not applies to employees of local Governments, to members of the Armed Forces and Para-Military Organizations) and deals with the employment and the organization of civil servants. There is also the Civil service commission which is responsible for the direct management of civil servants such as appointments, promotions, discipline and separation.
In general, the Somaliland policies and laws for labour and employment are both new and not fully implemented. According to the 2020 ITUC’s Global rights INDEX report, Somalia is among the world’s worst countries for workers with no guarantee of workers’ rights due to the breakdown of the rule of law and lack of basic protection.