Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee takes note of the Government’s reply to the comments made by the International Trade Union Confederation (ITUC) on the situation of workers in the petroleum sector and notes in particular the information that collective agreements having been concluded, these workers enjoy the best conditions of employment.

Article 4 of the Convention. Compulsory arbitration. In its previous comments, pointing out that recourse to compulsory arbitration to bring an end to a collective labour dispute and a strike is only acceptable under certain circumstances, namely: (i) when the two parties to the dispute so agree; or (ii) where the right to strike may be restricted or even prohibited, namely: (a) in the case of public servants exercising authority in the name of the State or (b) in disputes in essential services in the strict sense of the term; and (iii) in situations of acute national or local crisis, but only for a limited period of time and to the extent necessary to meet the requirements of the situation, the Committee asked the Government to take the necessary steps to amend section 112 of the Labour Code of 1997, which provides for recourse to compulsory arbitration. The Committee noted the Government’s statement that a new Labour Code was in preparation. It notes that, in its report, the Government indicates that the draft new Labour Code is still under examination and will be sent to the ILO as soon as it has been approved, and requests information on the meaning of “essential services”. The Committee reminds the Government that essential services are services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, and that the concept is not absolute in nature in so far as a non essential service may become essential if the strike exceeds a certain duration, or according to the special characteristics of a country (see General Survey on the fundamental Conventions, 2012, paragraph 131). The Committee hopes that the new Labour Code will take into account the abovementioned principles, and requests the Government to provide in its next report information on all progress made in this regard.

Collective bargaining in practice. In its previous comments, the Committee requested the Government to continue to provide information on the application in practice of the right to collective bargaining, including the number of collective agreements in existence and the number of sectors and workers covered, and on the manner in which the authorities promote the exercise of this right. The Committee notes, that according to the Government, a tripartite committee oversees compliance with collective agreements and examines the financial difficulties employers meet in respecting them, and also reviews minimum wages in insolvent enterprises or companies where payment is suspended while satisfactory solutions are found. The Committee requests the Government to provide in its next report statistical information on the number of collective agreements in existence, and the sectors and workers covered.

Trade union rights in export processing zones (EPZs). The Committee reminds the Government that it requested it to take the necessary steps to ensure that all workers employed in EPZs and in Port Sudan are able to enjoy the rights enshrined in the Convention. The Committee notes that, according to the Government, workers employed in loading and unloading in the EPZs and in Port Sudan enjoy all trade union rights. The Committee requests the Government to ensure that all workers employed in the EPZs and Port Sudan, and not only those employed in loading and unloading, enjoy the rights laid down in the Convention.

Lastly, the Committee observes that the Trade Unions Act of 2010 contains a number of provisions that are not consistent with the principles of freedom of association (for example the imposition of trade union monopoly at federation level; the ban on joining more than one trade union organization; the need for approval from the national federation in order for federations or unions to join a local, regional or international federation; interference in the finances of organizations). The Committee invites the Government, in full consultation with the organizations of workers and employers, and with technical assistance from the Office should it so wish, to take steps to bring the Trade Unions Act of 2010 into line with the principles of freedom of association.