Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee welcomes the ratification by Sudan of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) on 17 March 2021. The Committee notes at the same time with concern the public announcement made on 28 November 2022 by the Head of the Transitional Sovereignty Council concerning: (i) the suspension of the activities of all workers’ and employers’ organizations; and (ii) the decision to establish a committee headed by the general registrar of work organizations aimed at forming new steering committees for trade unions and employers organizations as well, to prepare for elections and general assemblies. The Committee urges the Government to refrain from any interference with regard to the functioning of the workers’ and employers’ organizations and to guarantee the necessary civil liberties so that they can freely exercise their activities, including through free and voluntary collective bargaining. The Committee requests the Government to provide full information on the measures taken to ensure full respect for the right to organize and collective bargaining.

Article 4 of the Convention. Compulsory arbitration. In its previous comments, the Committee, noting that a draft Labour Code was in the final stages of revision, requested the Government to ensure that compulsory arbitration, which is currently allowed by section 112 of the Labour Code of 1997, would only be imposed in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term and acute national crises. The Committee notes the Government’s indication that the Labour Code of 1997 was revised and submitted to the Council of Ministers in 2021, and that it is currently being assessed by a consultative committee on labour standards which includes employers and workers. Taking due note of these developments, the Committee requests the Government to take the necessary measures, in consultation with the social partners, to ensure that the revised Labour Code is adopted shortly and only allows the imposition of compulsory arbitration in the above-mentioned cases. The Committee requests the Government to provide information on any progress achieved in this regard.

Collective bargaining in practice. The Committee had previously requested the Government to provide statistical information on collective bargaining in practice. It notes with regret that the Government merely states that it does not have any data. The Committee once again requests the Government to provide information, including statistics, on the number of collective agreements concluded in the country since 2017, as well as the sectors concerned and the number of workers covered by these agreements.

Trade union rights in export processing zones (EPZs). In its previous comments, the Committee had requested the Government to provide information on the application of trade union rights in EPZs. Noting that the Government does not transmit the information requested, the Committee reiterates its request that it provide specific information on the application of trade union rights in EPZs, including the number of unions and collective agreements, as well as copies of the pertinent labour inspection reports.

Trade Unions Act. The Committee had previously observed that various provisions of the Trade Unions Act of 2010 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; and interference in the finances of organizations) and invited the Government to bring the Act into line with such principles. Regretting that the Government does not provide any information in this regard and highlighting the recent ratification of Convention No. 87, the Committee urges the Government to take the necessary measures, in full consultation with the social partners, to bring the Trade Unions Act of 2010 into conformity with the principles of freedom of association so as to promote the full development and utilization of collective bargaining machinery, in accordance with Article 4 of the Convention.

Reiterating its concern about the 28 November 2022 public announcement concerning the freezing of the activities of all workers and employers’ organizations, the Committee further urges the Government to ensure that, pending the revision of the Trade Union Act, all the conditions required for the application of the Convention are fully respected in practice.

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