Interim Report - Report No 74, 1964

Case No 191 (Sudan) - Complaint date: 07-DEC-58 - Closed

1. 149. The Committee has already examined this case at its 25th Session (May 1960), its 27th Session (February 1961) and its 30th Session (February 1962). On the last-mentioned occasion it submitted an interim report containing certain conclusions and a request to the Government for further information. The said conclusions and request, as approved by the Governing Body at its 151st Session (March 1962), were communicated to the Government by letter dated 16 March 1962. Since that time, not having received the information for which it had asked (but only an indication given by the Government on 3 April 1963 that the matter was being examined), the Committee has deferred consideration of the case at each of its sessions up to and including the 35th (November 1963).

A. A. The complainants' allegations

1. 150. The recommendations made by the Committee at its 30th Session and approved by the Governing Body were as follows:
   • ... the Committee recommends the Governing Body:
     • (a) to decide, with respect to the allegations relating to the suspension of the trade unions of the Sudan:
     • (i) to take note of the Government's statement that 48 trade unions, representing 42,000 industrial workers, have now been registered under the Trade Unions (Amendment) Ordinance, 1960, and that ten further applications for registration are under consideration;
     • (ii) to request the Government to be good enough, bearing in mind the hope expressed by the Governing Body when it adopted paragraph 90 (a) (ii) of the Committee's 48th Report, cited in paragraph 117 above, to continue to keep the Governing Body informed of further developments with regard to the formation and functioning of trade unions in Sudan;
     • (b) to decide, with respect to the allegations relating to the trade union press:
     • (i) to take note of the Government's statement that it has no objection in principle to allowing trade unions to express their opinions by publishing their own newspapers;
     • (ii) to request the Government to inform the Governing Body whether this statement means that the freedom of the trade union press has now been re-established or will now be re-established in Sudan, in accordance with the hope expressed by the Governing Body when it approved paragraph 90 (b) (ii) of the Committee's 48th Report;
     • (iii) to request the Government to furnish its observations on the allegations made by the World Federation of Trade Unions in its communication dated 5 June 1961, to which reference is made in paragraph 123 above;
     • (c) to request the Government to furnish its observations on the allegations relating to arrests of trade unionists made by the World Federation of Trade Unions in its communication dated 5 June 1961 and which are referred to in paragraphs 129 and 130 above;
     • (d) to decide, with respect to certain matters arising out of the Trade Unions (Amendment) Ordinance, 1960:
     • (i) to draw the attention of the Government to the importance which the Governing Body attaches to the generally accepted principle that workers without distinction whatsoever should have the right to establish and join trade union organisations;
     • (ii) to express the hope that the Government will now consider amending section 2 of the Trade Unions Ordinance, as amended in 1960, so as to give full effect to the principle enumerated in subparagraph (i) above;
     • (iii) to request the Government to be good enough to keep the Governing Body informed as to further developments in this connection;
     • (iv) to draw the attention of the Government to the importance which the Governing Body attaches to the generally accepted principle that workers should have the right to establish and join organisations of their own choosing;
     • (v) to express the hope that the Government, having regard to the considerations set forth in paragraphs 134, 136 and 137 above, will now consider amending sections 9 (1) and 27 (3) of the Trade Unions Ordinance, as amended in 1960, so as to give full effect to the principle enunciated in subparagraph (iv) above;
     • (vi) to request the Government to be good enough to keep the Governing Body informed as to further developments in this connection;
     • (vii) to draw the attention of the Government to the importance which it attaches to the generally recognised principles that workers' organisations should have the right to establish and join federations and Confederations and that any such organisation, federation or Confederation should have the right to affiliate with international organisations of workers;
   • (viii) to point out to the Government that the question as to whether a need to form federations and Confederations is felt or not is a matter to be determined solely by the workers and workers' organisations themselves after their right to form them has been legally recognised;
     • (ix) to express the hope that the Government will now consider amending the provisions of the Trade Unions Ordinance, as amended in 1960, so as to give full effect to the principles enunciated in subparagraph (vii) above;
     • (x) to request the Government to be good enough to keep the Governing Body informed as to further developments in this connection;
     • (e) to decide, with respect to the allegations relating to the dissolution of the Sudan Railway Workers' Union:
     • (i) to draw the attention of the Government to its view that dissolution by the Executive in exercise of the legislative functions with which the Government is endowed, like dissolution by virtue of administrative powers, does not ensure the right of defence which normal judicial procedure alone can guarantee, and to the importance which it attaches to the principle that workers' and employers' organisations should not be liable to be dissolved or suspended by administrative authority;
     • (ii) to suggest to the Government that it may care to reconsider the provisions of sections 9 and 16 of the Trade Disputes Act, 1960, in the light of the considerations set forth in paragraph 160 above.
   • 151. In a communication dated 2 December 1963 the Government gave some indications on certain of the allegations in this case.
2. 152. With regard to the particular problems raised by the Trade Unions (Amendment) Ordinance, 1960, and more especially to the provisions concerning federations and Confederations and affiliation to international organisations of workers, the Government states that at its sitting of 13 November 1963 the Supreme Council for the Armed Forces accepted the principle of the establishment of a trade union federation.
3. 153. With regard to the allegations concerning the dissolution of the Sudan Railway Workers' Union, the Government states that the Supreme Council for the Armed Forces has decided to authorise establishment of a railway workers' union.
4. 154. Thirdly, the Government indicates that the Supreme Council for the Armed Forces has accepted the amendment of the Trade Unions Ordinance so as to extend the right of organisation to all workers who are not yet organised.
5. 155. The Government states in conclusion that it intends to provide the Committee with information in more detail at a later date.

The Committee's recommendations

1. 156. Having regard to the foregoing, the Committee recommends the Governing Body:
   • (a) to thank the Government for the information which it has been good enough to communicate, and to take note of that information with interest;
   • (b) to request the Government to furnish to the Committee, as it has already declared its intention of doing, more detailed information on the matters mentioned in paragraphs 152, 153 and 154 above;
   • (c) to request the Government again to be good enough to furnish the further information requested in subparagraphs (a) (ii), (b) (ii) and (iii), (c), (d) (iii), (vi) and (x) of paragraph 162 of the 60th Report of the Committee;
   • (d) to express the hope that the Government will furnish the information referred to in subparagraphs (b) and (c) above at an early date;
   • (e) to take note of the present interim report, it being understood that the Committee will report further to the Governing Body when it has received the additional information in question.