Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Sudan (Ratification: 1957)

The Committee takes note of the Government’s report. It also notes the communication of 14 January 2001 from the Sudan Workers’ (Legitimate) Trade Union’s Federation. In this regard, the Committee requests the Government to send its observations on the matters raised in this communication.

Articles 1 and 2 of the Convention. In its previous comments, the Committee had noted the Government’s indication that the tripartite committee established to revise the Trade Union Act of 1992 had drawn up a draft Act which took account of the Committee’s observations which had been submitted to the Attorney General. The Committee had expressed the firm hope that the draft would strengthen the protection of workers and trade union organizations, through rapid, effective procedures and sufficiently dissuasive sanctions, against anti-union discrimination and acts of interference, and had asked the Government to keep it informed in this respect. The Committee notes that the Trade Union Act of 1992 has been replaced by the Trade Union Act of 2001, a copy of which has been sent to the Committee but not yet received by it. The Committee notes the adoption of the new Act and intends to examine the legislation once it has been received.

In its previous observation, the Committee had noted that the Committee on Freedom of Association, in Case No. 1843, examined in March 1998, had referred to numerous arrests and detentions frequently followed by acts of torture against trade unionists, as well as acts of interference by the Government in trade union activities. The Committee notes that the Government’s report does not contain any information in this respect. The Committee deplores this situation and emphasizes that freedom of association cannot be exercised in the absence of respect for human rights. Considering the gravity of the situation apparent in the report of the Committee on Freedom of Association, the Committee asks the Government to take urgent steps to ensure exercise of these rights.

Article 4. The Committee had observed on many occasions that section 16 of the Industrial Relations Act of 1976, and also section 112 of the new Labour Code, allowed referral of a collective dispute or a collective labour dispute to compulsory arbitration and had requested the Government to take measures to amend the legislation so that arbitration may only be compulsory with the agreement of both parties or in the case of the essential services. The Government indicates in its report that the Ministry of Labour would like to assure the Committee that this section would only be applied for essential services. Noting the Government's statement, the Committee recalls the importance it accords to the principle of voluntary negotiation set forth in Article 4. The Committee again requests the Government to take measures to amend the legislation to bring it into conformity with the provisions of the Convention so that arbitration may only be possible with the agreement of both parties or be compulsory in the case of the essential services, and to keep it informed in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.