Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the establishment in July 2019 of a power-sharing agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.

Article 4 of the Convention. Compulsory arbitration. 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, in order to ensure that compulsory arbitration is only 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 information provided in the Government’s report from 2018 that the draft Labour Code was in the final stages of revision and that essential services would be defined upon its adoption. The Committee requests the Government to indicate the steps taken, or envisaged, in respect of the new Labour Code during the period of power-sharing and the measures taken to ensure that compulsory arbitration will only be imposed in the above-mentioned cases.

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 that the Government referred in its 2018 report to a bilateral agreement for lorry drivers and another in the private sector, signed in 2016 and 2017 respectively. The Committee requests the Government to provide statistical information on the overall number of collective agreements in Sudan since 2017, as well as the sectors and workers covered.

Trade union rights in export processing zones (EPZs). In the absence of any new information concerning the application of the Convention beyond the Government’s reiteration that the Labour Code applies to workers in EPZs, the Committee requests the Government to provide specific information on the application of trade union rights in EPZs, including the number of unions and collective agreements in EPZs, as well as a copy of the relevant labour inspection reports.

Trade Unions Act. 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; and 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, with a view to promoting the full development and utilization of collective bargaining machinery pursuant to Article 4 of the Convention.