Successful cross-border trade union cooperation to protect migrant workers’ rights in Somalia and Ethiopia
In Africa, the number of migrant workers is rapidly increasing. 26.3 million Africans were living in a country other than their own in 2019, which represents an increase of almost 10 million compared to 2010. 14.5 million out of these 26.3 million migrants are migrant workers. The annual growth rate of migrant workers is 4.8%, compared to 2.7% for the general labour force (The African Union Commission, 2021). In addition to the pursuit of better economic opportunities, other factors driving migration include conflicts, political instability, and climate change. In the Horn of Africa, in the IGAD region, it was estimated that there were 3.39 million migrant workers in 2019, with an annual growth rate of 7.8% (The Intergovernmental Authority on Development (IGAD), 2021). While main migration routes include movements to Europe, South Africa and the Gulf countries, a considerable number of migrant workers stays within the subregion – either permanently or in transit to the Gulf countries – where they often face decent work deficits.
In May 2023, major regional trade union confederations updated a memorandum of understanding from 2018 concerning the defence, protection, and promotion of migrant workers' rights. In this updated agreement, the ASEAN Trade Union Council (ATUC), the South Asian Regional Trade Union Council (SARTUC), the African Regional Organization of the lnternational Trade Union Confederation (ITUC-Africa), the lnternational Trade Union Confederation Asia Pacific (ITUC-AP), the Arab Trade Union Confederation (Arab TUC) and the Trade Union Confederation of the Americas (TUCA) continue to seek better protection for migrant workers as a vital but vulnerable constituency of workers that the trade unions should protect. They commit to:
Supporting the ratification and implementation of relevant international labour standards.
Advocating for national legislative frameworks that are consistent with international labour standards, as well as ensuring the enforcement of these frameworks, with a focus on labour inspection systems.
- Empowering migrant workers by advocating for their right to freedom of association and support organisation of migrant workers. Additionally, providing information and services, through trade union solidarity, in countries of origin, transit and destination.
- Supporting fair recruitment, especially by upholding the principle of not charging any recruitment fees or related costs to workers.
- Promoting cooperation between governments and social partners in both countries of origin and destination to uphold tripartite social dialogue as a tool for enhancing labour migration governance, and to support multilateral, regional and national labour migration agreements.
- Promoting decent work, including skills development and access to social protection.
- Responding to structural crises and promote a just transition.
- Strengthening effective social dialogue for better labour migration governance through the institutionalisation of tripartite mechanisms and the provision of capacity-building for trade union leaders.
- Protecting the rights of women migrant workers.
- Advocating for sound labour market information systems and ensuring the inclusion of trade unions in data management systems.
Cross-border cooperation between social partners represents a useful mechanism to enhance the protection of migrant workers. In May 2023, major regional trade union confederations updated a Memorandum of Understanding from 2018 on the defence, protection and promotion of migrant workers’ rights (see box 1). The Federation of Somali Trade Unios (FESTU) and the Confederation of Ethiopian Trade Unions (CETU) followed this example and signed an agreement in 2023 to protect migrant workers. The agreement builds on the ILO ACTRAV model bilateral agreement for trade unions in countries of origin and destination to protect migrant workers.[1]
In the Agreement for the Protection of Migrant Workers’ Rights, FESTU and CETU commit to:
1. Carry out joint trade union campaigns to, amongst others:
- Raise awareness about the positive contribution of labour migration to the economies of Ethiopia and Somalia.
- Raise awareness of migrant workers about their rights and the general situation in Somalia before departure and post arrival.
- Actively campaign against racism and xenophobia.
- Raise concerns of migrant workers in their national tripartite labour committees and encourage affiliated unions to integrate migrant workers in collective bargaining with employers.
- Address occupational safety and health and housing concerns, and promote access to social protection benefits.
2. Undertake the following actions, including:
- Develop regular communication channels and networking at the highest level between FESTU and CETU.
- Set up migrant workers’ consultative bodies and special migrant workers’ desks, to support organisation and unionisation of migrant workers and ensure their protection.
- Establish information centres for migrant workers as part of their efforts aimed at guaranteeing ways of protecting migrant workers in Ethiopia before they consider migration, in the migration process, and upon arrival in Somalia.
- To develop joint measures, including legal support, for immediate action to denounce abusive practices.
- To encourage affiliated unions in both countries to build up cooperation, particularly in sectors where migrant workers are present.
3. Jointly promote:
- Cooperation between the governments of Ethiopia and Somalia to enhance governance of migration.
- The establishment of communication and negotiations between their trade union organisations and employers’ associations and recruitment and employment agencies in their respective countries to secure better working conditions.
- A model and unified employment contract for migrant workers, based on the provisions of international labour standards and enforced through national legislation and labour inspection.
- The inclusion of trade unions when negotiating bilateral agreements between Ethiopia and Somalia as well as the establishment of national tripartite consultation mechanisms and bilateral cooperation forums to discuss and formulate rights-based migration policies.
- Tripartite consultation and decision-making mechanisms to address situations related to the status of migrant workers, social protection aspects and possibly encourage measures facilitating the regularisation of the status of migrant workers.
As an outcome of this agreement, FESTU established the first Migrant Resource Centre in Mogadishu in October 2023 in collaboration with the ILO. The Centre is offering information to potential migrant workers, returnees and migrant workers already in the country to support fair and informed labour migration and defend labour rights. It raises awareness on fair recruitment practices and aims to reduce vulnerability to trafficking and irregular migration.
Key Lessons
Through cross-border cooperation, social partners can significantly contribute to protecting migrant workers’ rights.
Cross-border cooperation is essential offering accurate information before departure, promoting fair recruitment, protecting migrant workers upon arrival and supporting return.
Workers’ organisations play a fundamental role in providing information and services to migrant workers.
A significant obstacle to the protection of migrant workers is their limited representation in workers’ and employers’ organisations.
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