ICRC accused of breaching Somali laws & harassment
Mogadishu’s Regional Court had summoned the International Committee of the Red Cross (ICRC) to answer a case of Hareasmment and wrongful dismissal as well unreasonable and unduly insensitive manner of abusing its representative in Mogadishu.
The court summoned Jordi Raich Curco, Head of ICRC Delegation to Somalia after staffer’s attorneys at Horn Legal Consulting Services filed legal case against the Geneva-based humanitarian institution.
This is a damage of reputation to this Humanitarian organisation acted its Management to abuse its trusted position to be the management of the Somalia Delegation.
ICRC is accused of perpetrating wrongful employment termination following well-documented case of threats, abuse of power, Hareassments and mistreatment experienced, educated well know Head of their OFFICE in Mogadishu.
In a letter of notice of legal action, Horn Legal Consulting Services argues that this unfair dismissal affected the health, dignity, security and safety of its representative without even given time, and therefore mentioning “blatant violation” of “basic employment principles, rights and responsibilities in the Somali law”.
Somalia’s Ministry of Labour and Social Affairs (MOLSA) presented to regional court an labour rights abuse case in which it specified that the Head of Office for ICRCA is grieved by threats and sacking from Daniel Gerard OMalley, deputy head of ICRC delegation to Somalia, has deliberately Harrassing the Head of its sub delegate for 8 Months. In line with Somalia’s labour code, MOLSA indicated that it called upon ICRC to come before the Ministry, but the humanitarian organisation refused to respect the call and therefore snubbed to come before the labour officials.
MOLSA asked Banadir regional to take appropriate action against International Committee of the Red Cross (ICRC) for breaching Somali laws, wrongfully dismissing head of its office in Mogadishu and putting in danger the life of its employee.
In a response letter addressed to MOLSA, ICRC termed Ministry’s intervention as “premature” and quoted article 3 of the Headquarters Agreement between the Federal Republic of Somalia and the International Committee of the Red Cross (ICRC), in which ICRC claimed immunity “from every form of legal and administrative process, except insofar as in any particular case the ICRC has expressly waived its immunity.
The said immunity has not been waived, for us to appear before you”. However the Ministry of Labour argued to review the said agreement that was not even passed by the parliament. Its this Head of Office has helped ICRC to obtain this agreement that now they are violating the right of the staff.
Nevertheless, attorneys representing staffer contended that there is an overt abuse of immunities and privileges accorded to international organisations like ICRC who exploit headquarter agreements as an excuse to evade justice after breaching national laws.
Its not only Banadir Head of Office faced harassments, Hiraan Head of Office resigned such manners and also Baidoa Head of Office was forced to resign.
Banadir Regional Court is expected to conclude the hearing and deliver a judgement soon.