Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 403, Juin 2023

Cas no 3376 (Soudan) - Date de la plainte: 03-FÉVR.-20 - En suivi

Allegations: The complainant organizations allege the dissolution of workers’ and employer’s organizations, the removal and arrest of several union leaders, the confiscation of properties and assets of a trade union federation, as well as the dismissal of thousands of workers, including union leaders and members, by the Government following a change of regime

1. 496. The complaint is contained in communications dated 3 February, 19 March and 3 May 2020, and 28 May 2022, submitted by the Sudan Workers Trade Union Federation (SWTUF), as well as communications dated 23 July 2020 and 8 February 2021 submitted by the Organization of African Trade Union Unity (OATUU).
2. 497. The Government of Sudan transmitted its observations on the allegations in communications dated 23 March and 4 October 2021.
3. 498. Sudan has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants’ allegations

1. 499. In their communications dated 3 February, 19 March, 3 May and 23 July 2020, the complainants allege that several trade unions and professional associations, including the SWTUF and its 15 affiliates, were dissolved by the Transitional Sovereignty Council of Sudan (hereinafter “the TSC”) on the false accusation of being an integral part of the ousted regime of the former President of Sudan. They further allege that the properties and assets of the SWTUF were confiscated, that several union leaders were removed and, in some cases, arrested for refusing to hand over their mandates, and that thousands of workers, including union leaders and members, were dismissed for non-professional motives following a change of government.
2. 500. The complainants inform that the SWTUF, which was established in 1950, comprises 15 general unions and their 18 state unions, representing 1.5 million workers organized in different sectors of the Sudanese economy. They indicate that the SWTUF and its 15 affiliates, which are legally registered and independent entities, have been dissolved several times in the past by successive decisions of Sudanese military governments, but that these previous decisions were overturned rapidly and the SWTUF and its affiliates were reinstated and allowed to exercise their normal union functions.
3. 501. The complainants state that on 28 April 2019, the TSC issued Resolution No. 49, which banned the activities of all workers’ and employers’ organizations operating lawfully in the country. They indicate that on 22 May 2019, following protests and sustained demands from several national, regional and international trade union organizations to reverse that decision, the TSC lifted the ban.
4. 502. The complainants affirm, however, that on 14 December 2019, the TSC adopted the Dismantling of the 30 June 1989 Regime and Empowerment Elimination Act, which established an Empowerment Elimination Committee. They indicate that this Committee then proceeded to dissolve the country’s workers’ and employers’ organizations. According to the complainants, this decision has grounded to a halt the administration and all activities of trade unions across the country.
5. 503. The complainants inform that the SWTUF submitted an appeal to the Appeals Committee in relation with the above-mentioned measures but received no response. They also indicate that the SWTUF presented a cassation appeal to the Constitutional Court to request the annulment of the dissolution proceedings, but again there was no consideration.
6. 504. The complainants also allege that the Empowerment Elimination Committee proceeded to confiscate the property and assets and freeze the bank accounts of the SWTUF and its 15 affiliates. They explain that, based on an order issued by the Office of the Public Prosecutor, the police were deployed to drive the elected officers and staff of the SWTUF and its affiliates out of their offices, which are currently sealed.
7. 505. The complainants further indicate that in March 2020, the Ministry of Interior banned Mr Yousif Ali Abdelkarim, President of the SWTUF, from leaving the country. They explain that this prohibition occurred just before a meeting of the Arab Labour Organization (ALO), which was scheduled to be held in the first week of April in Oman, and that Mr Abdelkarim is a member of the ALO’s Committee on Freedom of Association.
8. 506. The complainants state that on 23 March 2020, the Empowerment Elimination Committee issued a decision on the appointment of steering committees for several trade union organizations. They affirm that on 13 April 2020, Mr Abbas Mohammed Habib Allah, Mr Tarek Mahmoud and Ms Hanane Mohammed Sayed, three leaders of the National Education Union, which is affiliated to the SWTUF, were arrested after refusing to hand over their mandates to the individuals designated by the Empowerment Elimination Committee. According to the complainants, Mr Habib Allah and Mr Mahmoud were imprisoned for two days and eventually charged and released, while Ms Sayed was questioned and released.
9. 507. The complainants allege that on 21 June 2020, Mr Louai Abdallah, President of the Oil Workers’ Union, and Ms Naamat Mokhtar Mohamed Abdelkader, President of the Health Workers’ Union in the Darfur region, were also arrested. They further allege that on 2 July 2020, Mr Abdelkarim was summoned by the Empowerment Elimination Committee to its headquarters and called upon to hand over his mandate.
10. 508. The complainants also affirm that on 25 June 2020, three SWTUF leaders, Mr Hassan Yahia Mohamed Ali from the Bank of Khartoum, Mr Khiri El Nour Ali Siam from the National Documentation Centre, and Mr Moussa Hama Kafi Tih from the Ministry of Youth and Sport, were dismissed without cause. In this regard, they also indicate that thousands of workers, including dozens of trade unionists, were fired on the pretext that they belonged to the previous regime, without any investigations being conducted.
11. 509. The complainants inform that the OATUU, as a pan-African and regional trade union organization to which the SWTUF is affiliated, has made several attempts to approach the Sudanese authorities with a view to initiating a process of mediation and dialogue to resolve the dispute, but has so far received no response. They argue that this refusal to engage demonstrates the failure of the Government to fulfil its international and regional commitments with respect to freedom of association.
12. 510. The complainants also indicate that the SWTUF had submitted a proposal to the Ministry of Labour and Social Development to amend the Trade Union Act of 2010 and the Professional Association Law of 2004 in conformity with the provisions of Conventions Nos 87 and 98. They state that the Government, however, is in the process of drafting a new Trade Union Act without the participation and involvement of the SWTUF.
13. 511. In its communication of 8 February 2021, the OATUU affirms that: (i) the trade union situation in the country continues to deteriorate; (ii) on 28 January 2021, Ms Hala Al Gamar El Nour, President of the National Audit Office Workers’ Trade Union, was arrested after refusing to hand over her mandate to the individuals designated by the Empowerment Elimination Committee; (iii) in general, legitimate workers’ representatives are often replaced, dismissed, persecuted and arrested; (iv) a total of 4,676 workers have been arbitrarily dismissed for non-professional reasons since the change of regime, and (v) this purge affects all sectors of activity.
14. 512. In its communication of 28 May 2022, the SWTUF indicates that its headquarters are still occupied by the police, and that workers and their families are suffering severely from the absence of services provided by the legitimate trade union representatives that they had elected.

B. The Government’s reply

1. 513. In its communications dated 23 March and 4 October 2021, the Government first refutes the claim that the SWTUF was previously dissolved in similar scenarios. It states that while the previous measures referred to by the complainants were carried out by military authorities which came to power by military coup, the current measures were conducted on the basis of a law promulgated in accordance with the Transitional Constitution that was adopted after the glorious revolution of December 2018.
2. 514. The Government indicates that section 7(1)(c) of the Dismantling of the 30 June 1989 Regime and Empowerment Elimination Act provides for the competence of the Empowerment Elimination Committee to dissolve trade unions and federations, as well as their governing councils and executive committees, and to appoint steering committees until free and fair elections have been held and directives have been issued on the manner in which their funds, property and assets are to be disposed of. It further indicates that section 7(1)(f) of the Act gives the Empowerment Elimination Committee the right to initiate proceedings against any person or in relation with any acts which constitute crimes against public or private funds, financial or administrative corruption, illegal enrichment or abuse of influence.
3. 515. The Government also informs that section 8 of the Act provides for the creation of a five-person Appeals Committee, which is to be formed by the TSC and ministers, to consider the appeals filed against decisions of the Empowerment Elimination Committee. It indicates that the decisions issued by the Appeals Committee may be appealed within two weeks before the Supreme Court, whose judgment shall be final. The Government points out, however, that an appeal does not have the effect of suspending a decision issued by the Empowerment Elimination Committee.
4. 516. The Government explains that the mainstay of the recent revolution was people from all spheres of society filling the streets, besieging the premises of the SWTUF, and demanding the immediate dissolution of federations, trade unions and their executive offices. It states that the reason for these demands was the knowledge and the deep-rooted conviction of the majority of workers that the executive offices of the former SWTUF were an integral part of the previous regime, never did anything for them and used their resources to support the ruling party.
5. 517. The Government affirms that the dissolution of the SWTUF and its affiliates was therefore expedited to avoid any rioting or civil strife with unfortunate consequences for the entire country. It indicates that it declared a national state of emergency and reviewed the country’s legislation to align it with international standards and human rights requirements. The Government states that, based on its belief in freedom of association and tripartite dialogue, it established 165 steering committees as an exceptional measure to steer trade union work at various levels. It points out that a steering committee was also established for the General Federation of Sudanese employers. The Government indicates that most trade unions submitted petitions to withdraw their confidence in the SWTUF, and that the minimum wage was raised by 600 per cent to 3,000 Sudanese pounds following the revolution.
6. 518. The Government insists that the dissolved executive office of the SWTUF was one of the arms of the previous regime, which, upon assuming power in 1989, dissolved professional associations, federations, political parties and all trade union organizations. It stresses that the dissolution of the SWTUF was not carried out by the TSC itself and that no executive authority intervened in these measures, as the Empowerment Elimination Committee it is not a political committee.
7. 519. With respect to the allegation that trade union assets, properties and funds have been confiscated by police forces, the Government specifies that they were not confiscated or seized, but have been subject to precautionary sequestration. It argues that the purpose of these measures is to protect the assets and real estate concerned from vandalism and to ensure that documents on the premises are not tampered with, which safeguards workers’ rights. The Government stresses that the above-mentioned measures were carried out under the supervision of the Public Prosecution Service, which is completely independent from the executive bodies.
8. 520. The Government also affirms that three SWTUF leaders used the federation’s means, capacities, properties and assets for their own benefit. It indicates that reports in the Public Funds and Anti-Corruption Prosecution Services were filed against these officials and that a judicial decision was subsequently issued, which led to the imposition of a travel ban. The Government stresses that the travel ban did not apply to all SWTUF leaders, but only to the officials concerned.
9. 521. As regards the allegation that the SWTUF was excluded from the elaboration process of a new Trade Union Act, the Government informs that wide consultations are currently taking place between the various independent trade union organizations to develop a new Act which reflects the desires, ambitions and aspirations of the workers.

C. The Committee’s conclusions

1. 522. The Committee notes that the complainants allege that, following a change of government, the TSC dissolved the country’s employers’ and workers’ organizations, including the SWTUF and its 15 affiliates. It further notes that, according to the complainants, the properties and assets of the SWTUF and its affiliates were confiscated, legitimate union leaders were arrested for refusing to hand over their mandates to replacements named by the Empowerment Elimination Committee, the President of the SWTUF was banned from leaving the country, thousands of workers, including union leaders and members, were dismissed, and a new Trade Union Act is being prepared without the involvement of the SWTUF. The Committee also notes that the Government, for its part, affirms that the dissolution of the above-mentioned organizations, which was implemented through the Dismantling of the 30 June 1989 Regime and Empowerment Elimination Act, was requested by the majority of workers during the 2018 revolution, as the SWTUF and its affiliates were an integral part of the previous regime.
2. 523. As regards the alleged dissolution of the Sudanese workers’ and employers’ organizations, the Committee notes that the complainants affirm that: (i) the adoption of the Dismantling of the 30 June 1989 Regime and Empowerment Elimination Act by the TSC on 14 December 2019 created an Empowerment Elimination Committee, which dissolved the employers’ and workers’ organizations, including the SWTUF and its 15 affiliates, thereby suspending the administration and activities of trade unions across the country; (ii) the SWTUF lodged an appeal before the Appeals Committee, as well as a cassation appeal before the Constitutional Court in relation with the above-mentioned decision, but did not receive any response; (iii) on 23 March 2020, the Empowerment Elimination Committee appointed steering committees for several trade union organizations; and (iv) various union leaders have been replaced.
3. 524. The Committee further notes that the Government states that: (i) these measures were carried out based on section 7(1)(c) of the above-mentioned Act, which allows the Empowerment Elimination Committee to dissolve trade unions and federations, as well as their executive committees, and appoint steering committees until the holding of free and fair elections and the issuance of directives on the manner in which their funds, property and assets should be disposed of; (ii) according to section 8 of the Act, an appeal against a decision of the Empowerment Elimination Committee may be filed before the Appeals Committee, which is formed by the TSC and ministers, but such appeal does not have a suspensory effect; (iii) during the 2018 revolution, protesters besieged the SWTUF’s offices and demanded the immediate dissolution of the federations and trade unions due to their conviction that the SWTUF was an integral part of the previous regime, which motivated the Government’s decision to expedite the SWTUF’s dissolution with a view to preventing riots and civil unrest; (iv) given its belief in freedom of association, it set up 165 steering committees on an exceptional basis to guide trade union work at different levels; and (v) a steering committee was also established for the General Federation of Sudanese Employers.
4. 525. As regards the information provided by the Government in relation to the specific context in which the TSC carried out its work, the Committee observes that it has been called upon to examine several cases in the 1990s which concerned arrests, detention and violence against leaders and members of independent trade unions in a context of state-controlled trade union monopoly (Case No 1688, 287th Report and Case No 1843, 306th Report). The Committee further notes that the present complaint was submitted prior to the overwhelming turmoil existing in the country following the military coup of 25 October 2021 which dissolved the TSC and that no information has been provided by the military authorities since the take-over nor response to the more recent allegations of May 2022. Finally, the Committee is fully aware of the grave ongoing internal conflict that has led over 400,000 Sudanese to flee their country. Recalling that a system of democracy is fundamental for the free exercise of trade union rights, the Committee issues the following conclusions and recommendations in the hopes that peace will soon be restored to the country and freely chosen workers’ and employers’ organizations will be able to fully participate in the country’s reconstruction and economic and social development.
5. 526. As regards the dissolution of the SWTUF, the Committee recalls that measures of suspension or dissolution by the administrative authority constitute serious infringements of the principles of freedom of association [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 986]. It further recalls that the removal by the Government of trade union leaders from office is a serious infringement of the free exercise of trade union rights, and that the fundamental idea of Article 3 of Convention No. 87 is that workers and employers may decide for themselves the rules which should govern the administration of their organizations and the elections which are held therein [see Compilation, paras 654 and 667]. The Committee notes with interest from publicly available information that the Supreme Court issued a decision on 22 February 2023 cancelling the Sovereignty Council decision No. 586 which had dissolved trade unions and employers’ organizations and firmly expects that the necessary measures will be taken so that all workers’ and employers’ organizations may operate in full freedom. The Committee requests to be kept informed of developments in this regard.
6. 527. Regarding the allegations of confiscation of property, the Committee notes that, according to the complainants: (i) the Empowerment Elimination Committee confiscated the properties and assets belonging to the SWTUF and its 15 affiliates, and froze their bank accounts; and (ii) upon order of the Office of the Public Prosecutor, the police drove the officers and staff of the SWTUF and its affiliates out of their offices, which are now sealed. The Committee notes the Government’s indication that: (i) the properties and assets were subject to precautionary sequestration to ensure that they were not vandalized or documents therein tampered with; (ii) these measures were conducted under the supervision of the Public Prosecution Service, which is independent from the executive bodies; and (iii) reports were filed in the Public Funds and Anti-Corruption Prosecution Services against three SWTUF leaders for using the federation’s means, capacities, properties and assets for their own benefit which led to the issuance of a judicial decision.
7. 528. The Committee recalls that it has drawn attention to the importance of the principle that the property of trade unions should enjoy adequate protection, and that the occupation or sealing of trade union premises should be subject to independent judicial review before being undertaken by the authorities in view of the significant risk that such measures may paralyse trade union activities [see Compilation, paras 277 and 287]. The Committee also recalls that the freezing of union bank accounts may constitute serious interference by the authorities in trade union activities [see Compilation, para. 707]. Noting the Government’s indication that anti-corruption reports had been filed leading to a judicial decision and that the property and assets were subject to precautionary sequestration under the supervision of the Public Prosecutor’s Office, an independent body, the Committee requests to receive a copy of all judicial decisions relating to this matter. Further recalling that to deprive many workers of their trade union organizations because of a judgment that illegal activities have been carried out by some leaders or members constitutes a clear violation of the principles of freedom of association [see Compilation, para. 995], the Committee expects that the trade unions concerned will recover access to their properties, assets and funds without delay.
8. 529. With respect to the alleged arrest of union leaders for refusing to hand over their mandates to the persons appointed by the Empowerment Elimination Committee, the Committee notes that the complainants affirm that: (i) between April 2020 and February 2021, Mr Abbas Mohammed Habib Allah, Mr Tarek Mahmoud, Ms Hanane Mohammed Sayed, Mr Louai Abdallah, Ms Naamat Mokhtar Mohamed Abdelkader and Ms Hala Al Gamar El Nour were arrested; and (ii) two of these union leaders, Mr Habib Allah and Mr Mahmoud, from the National Education Union, were imprisoned for two days and eventually charged. Noting with concern that the Government does not address these allegations, the Committee recalls that the arrest, even if only briefly, of trade union leaders and trade unionists, and of the leaders of employers’ organizations, for exercising legitimate activities in relation with their right of association constitutes a violation of the principles of freedom of association [see Compilation, para. 121]. It further recalls that the detention of trade unionists for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular [see Compilation, para. 123]. The Committee requests detailed information on any charges brought against Mr Habib Allah and Mr Mahmoud, as well as any court decision handed down, and expects that the necessary measures will be taken to ensure that, if charges have been brought for motives related to their trade union activities, they are dropped by the competent authorities.
9. 530. Regarding the allegation that the President of the SWTUF, Mr Yousif Ali Abdelkarim, was banned from leaving the country, the Committee notes that, according to the complainants: (i) the ban was imposed in March 2020, just before a meeting of the ALO scheduled for early April in Oman; and (ii) Mr Abdelkarim is a member of the ALO’s Committee on Freedom of Association. The Committee further notes that the Government, for its part, states that, after complaints were filed against three SWTUF leaders for using the federation’s means, capacities, properties and assets for their own benefit, a judicial decision was issued against them, which resulted in the imposition of a travel ban. Recalling that the imposition of sanctions, such as banishment or control of overseas travel for trade union reasons, constitutes a violation of freedom of association [see Compilation, para. 1060], the Committee expects that the travel ban is no longer in force and trusts that trade union leaders and members will be able to travel freely for the exercise of their trade union activity.
10. 531. As regards the alleged dismissal of union leaders and members, the Committee notes that the complainants state that: (i) on 25 June 2020, three leaders of the SWTUF, Mr Hassan Yahia Mohamed Ali, Mr Khiri El Nour Ali Siam and Mr Moussa Hama Kafi Tih, were dismissed without cause; and (ii) since the change of regime, 4,676 workers from all sectors of activity, including dozens of trade unionists, have been arbitrarily dismissed for non-professional motives. While the Government has not responded to these allegations in its reply, the Committee notes from publicly available information that the Supreme Court issued a decision on 23 January 2022 annulling Decision No. 29 of 25 February 2020 terminating the service of numerous civil servants through the authority granted by the Dismantling of the 30 June 1989 Regime and Empowerment Elimination Act of 2019 and trusts that all trade unionists equally affected by arbitrary dismissals will be reinstated in their posts.
11. 532. With respect to the alleged refusal of the Government to engage with the SWTUF while elaborating a new Trade Union Act, the Committee notes the Government’s indication that broad consultations were being held with the different independent trade union organizations to develop the new Act. Noting the complainants’ indication that the SWTUF represents 1.5 million workers across the country, the Committee recalls the importance of consulting all trade union organizations concerned on matters affecting their interests or those of their members [see Compilation, para. 1521]. It further recalls that it has considered it useful to refer to the Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113), Paragraph 1 of which provides that measures should be taken to promote effective consultation and cooperation between public authorities and employers’ and workers’ organizations without discrimination of any kind against these organizations. In accordance with Paragraph 5 of the Recommendation, such consultation should aim at ensuring that the public authorities seek the views, advice and assistance of these organizations, particularly in the preparation and implementation of laws and regulations affecting their interests [see Compilation, para. 1530]. The Committee expects that all trade union organizations concerned will be consulted in the elaboration of any legislation affecting their rights and interests or those of their members.

The Committee’s recommendations

1. 533. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Noting with interest the 22 February 2023 Supreme Court decision cancelling the Sovereignty Council decision No. 586 which had dissolved trade unions and employers’ organization, the Committee firmly expects that the necessary measures will be taken so that all workers’ and employers’ organizations may operate in full freedom. The Committee requests to be kept informed of any developments in this regard.
   • (b) Noting the Government’s indication that anti-corruption reports had been filed leading to a judicial decision and that the property and assets were subject to precautionary sequestration under the supervision of the Public Prosecutor’s Office, the Committee requests to receive a copy of all judicial decisions relating to this matter and expects that the trade unions concerned will recover access to their properties, assets and funds without delay.
   • (c) The Committee requests detailed information on any charges brought against Mr Habib Allah and Mr Mahmoud, as well as any court decision handed down, and expects that the necessary measures will be taken to ensure that, if charges have been brought for motives related to their trade union activities, they are dropped by the competent authorities.
   • (d) The Committee expects that the travel ban affecting Mr Abdelkarim is no longer in force and trusts that trade union leaders and members will be able to travel freely for the exercise of their trade union activity in the future.
   • (e) Noting the 23 January 2022 Supreme Court decision annulling Decision No. 29 of 25 February 2020 terminating the service of numerous civil servants, the Committee trusts that all trade unionists equally affected by arbitrary dismissals will be reinstated in their posts.
   • (f) The Committee expects that all trade union organizations concerned will be consulted in the elaboration of any legislation affecting their rights and interests or those of their members.