Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication of 29 August 2008. The ITUC underscores that the legislation establishes a trade union monopoly controlled by the Government. The Committee recalls in this respect that such a trade union monopoly obstructs the exercise of the rights enshrined in the Convention. The ITUC also indicates that the export processing zone (EPZ) is exempt from the labour laws. The Committee requests the Government to provide its observations regarding the ITUC’s comments.

Violence against trade unionists and repression of trade union rights. In its previous comments, 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. In this respect, the Committee notes that the comments of the ITUC indicate that trade unionists have been the subject of harassment, intimidation, arbitrary arrest, detention and torture. The Committee deplores that, once again, the Government’s report does not contain any information on these serious issues and recalls that trade union rights cannot be exercised in the absence of respect for human rights. The Committee further considers that the Government’s silence represents a form of admission, in view of the observations made by the Committee on Freedom of Association in 1998. The Committee expresses its deep concern over the gravity of these allegations, particularly in view of the observations made by the Committee on Freedom of Association. The Committee urges the Government to take the necessary measures to guarantee the personal safety of trade unionists and ensure respect for the rights enshrined in the Convention and to answer to the comments made by the ITUC.

Article 4 of the Convention. The Committee recalls that it had observed on many occasions that section 16 of the Industrial Relations Act of 1976, and also section 112 of the 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 essential services. In this respect, the Committee notes the Government’s indication that the Industrial Relations Act has been annulled, and that a new Labour Code was being prepared that would take into account the Committee’s comments on section 112 of the present Labour Code. The Government further states that it has sent a draft of the proposed code to the ILO Subregional Office in Cairo for its assistance in identifying the provisions that are in conflict with international labour standards. The Committee expresses the hope that the new Labour Code will ensure that compulsory arbitration may only be permitted with the agreement of both parties or in the case of essential services; it requests the Government to indicate the progress made with respect to the preparation of the new labour code, and to provide a copy of the said law upon its adoption. The Committee further requests the Government to transmit a copy of the instrument annulling the Industrial Relations Act of 1976.

Collective bargaining in practice. The Committee notes that the latest comments of the ITUC reiterate that collective bargaining is nearly non-existent in Sudan and that salaries are set by a government-appointed and controlled tripartite body. Regretting that, once again, the Government has not provided its observations thereon, the Committee again requests the Government to provide its observations respecting this matter. It also requests the Government to promote collective bargaining in the country and to send information on the application of the right of collective bargaining in practice, including the number of existing collective agreements as well as the sectors and workers covered thereunder.

The Committee once again stresses the gravity of these matters and expresses the hope that the Government will address all its attention to their resolution.

[The Government is requested to report in detail in 2009.]