Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the observations by the Sudanese Businessmen and Employers Federation (SBEF) received on 15 September 2015, in which it provides information on its reflections concerning section 112 of the Labour Code 1997 as well as the development and coverage of collective agreements in Sudan.

Article 4 of the Convention. Compulsory arbitration. The Committee recalls that compulsory arbitration is only acceptable 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. In its previous comments, the Committee had requested the Government to take the necessary steps to amend section 112 of the Labour Code of 1997, which provides for recourse to compulsory arbitration and hoped that the new Labour Code would take into account the abovementioned principles. The Committee further noted the Government’s statement that the draft new Labour Code was still under examination and would be sent to the ILO when adopted. The Committee notes with interest that, in its report, the Government indicates that the definition of essential services recalled by the Committee will be inserted in the draft law. However, according to the Government, the passage of the draft law was postponed as a result of the new constitutional amendments, which made the civil service a joint authority between the centre and the provinces. The Committee hopes that the Government will make every effort to speed up the process of adoption of the new Labour Code, and requests the Government to provide information on all progress made in this regard.

Collective bargaining in practice. In its previous comments, the Committee requested the Government to provide statistical information on the number of collective agreements in existence, and the sectors and workers covered. The Committee notes the information provided by the Government on the number of collective agreements concluded between 2010 and 2013 (a total of 629) as well as the collective agreement on wages in the private sector (2014–17), which covers all sectors of the economy. The Committee further notes the information contained in SBEF observations on the development of collective agreements in Sudan, their coverage, as well as the role of the tripartite committee, which monitors the coverage of collective agreements and promotes dialogue and conciliation. The Committee requests the Government to continue to provide statistical information on collective agreements in Sudan, including their number as well as the sectors and workers covered.

Trade union rights in export processing zones (EPZs). In its previous comments, the Committee requested 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. The Committee notes the Government’s indication that the Labour Code of 1997 includes all workers in EPZs since there is no exemption of such workers in the Code. The Committee requests the Government to continue to provide information on the application of trade union rights in EPZs, including a copy of the relevant labour inspection reports.

Lastly, the Committee observed, in its previous comments, 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 invited 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. The Committee notes the Government’s indication that many laws, including the Trade Unions Act of 2010, are currently under examination and undergoing tripartite consultations. The Committee hopes that the Trade Unions Act of 2010 will be amended in the near future in compliance with the principles of freedom of association with a view to promoting the full development and utilization of collective bargaining pursuant to Article 4 of the Convention, and invites the Government to continue to provide information on this amendment process. The Committee reminds the Government that it may avail itself of ILO technical assistance, if it so wishes.