Interim Report - Report No 48, 1961

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

1. 56. The complaints of the International Confederation of Arab Trade Unions and the W.F.T.U are contained in two communications addressed directly to the I.L.O on 7 and 31 December 1958 respectively. The Government of the Sudan forwarded its observations on the two complaints in a communication dated 21 February 1959. At its meeting on 25 and 26 May 1959 the Committee decided to request the Government to furnish further information on certain aspects of the case and adjourned its examination until its following session. Further observations were forwarded by the Government in a communication dated 25 August 1959. At its meeting on 9 and 10 November 1959 the Committee decided to request further information on certain points from the Government and again adjourned its examination; as the information in question had not been received when the Committee met on 17 and 18 February 1960, the case was further adjourned until the present session. Further information was forwarded by the Government in a communication dated 13 March 1960, so that the Committee is now in a position to resume its examination of the substance of the case.
2. 57. The Sudan has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

A. A. The complainants' allegations

• Allegations relating to the Suspension of Trade Unions
  58. 58 It is alleged by the W.F.T.U that, after the assumption of power by the army in the Sudan on 17 November 1958, the authorities closed the offices of all the trade unions, including the Sudan Federation of Trade Unions (S.F.T.U.). On 23 November 1958 the Minister of the Interior permitted the President and four members of the Federation to take from its offices the materials, etc., needed to enable them to collect trade union contributions. But on 3 December 1958, alleges this complainant, the Cabinet of Ministers suspended the activities of the Federation and all other trade unions, prohibiting any meetings of union members or executive committees and any collection or utilisation of union contributions. This general suppression of trade union activity, declares the complainant, was effected on the baseless pretext of revising the Labour Law. The International Confederation of Arab Trade Unions also alleges that all trade union activities have been suspended, including those of its affiliated organisation, the S.F.T.U.
  59. 59 The Government declared, in its communication dated 21 February 1959, that the allegations are distorted in that they present certain events in an isolated context without taking any account of the general situation. According to the Government, prior to the action by the army a state of degeneration and instability reigned in the country, extending into the field of government machinery and public utilities, due especially to political strife between different parties, which used certain organisations of workers as well as other organisations for their own ends. On 17 November 1958 the army took control peacefully and issued directives which included the dissolution of all political parties, the prohibition of all crowds, assemblies, processions and demonstrations and the suspension of all newspapers until further notice from the Ministry of the Interior. The Government claimed that the proclamation of a state of emergency was vital to the maintenance of internal security and that the above directives were put into force solely to protect and safeguard public security and were not directed against any organisation, whether of workers or not. No doubt, said the Government, the prohibition of assemblies, etc., " also applied to trade union offices because there is likely to be some sort of an assembly in the offices, as well as to the offices of the parties and any other places where there would be a possibility of an assembly of people or a crowd which might disturb the peace ". For this reason the offices of all workers' trade unions and employers' associations and the offices of the Federation were closed on 17 November 1958.
  60. 60 The Government then went on to explain the suspension of trade union activities on 3 December 1958. It claims that the building up of a responsible trade union movement in the Sudan is difficult, in view of the size of the country and the illiteracy of the workers and their lack of understanding of trade unionism, " which may all have contributed to the irresponsible behaviour and policies of all trade unions in the Sudan before November 1958 ". Feeling that a major factor preventing the trade unions from playing a proper part in the economy may have existed in defects in the labour laws in effect prior to that date, the Council of Ministers resolved on 3 December 1958 to suspend the activities of the trade unions during the state of emergency and pending review of the Trade Unions Ordinance by the Government. The suspension of activities meant, as is alleged, that no meetings of union members or executive committees might be held or called and that the unions and federations could neither collect nor distribute money. On 16 December 1958 the Government appointed a committee to look into the trade union laws and report on them to the Minister of Information not later than 31 March 1959. The committee consisted of a high court judge, a university professor, the Commissioner of Labour, a representative of the Ministry of the Interior, the Attorney-General and a " well-versed trade unionist ". By 21 February 1959, the date of the Government's reply, the committee had held six meetings and had resolved to consult and hear the views of certain trade unionists, including the president of the S.F.T.U, as well as those of other citizens.
  61. 61 When it examined the case at its meeting on 25 and 26 May 1959 the Committee observed that the complaint embodies a number of aspects of trade union rights alleged to have been infringed-the prohibition of meetings of union members or executive committees, the closing of trade union premises and prohibition of the collection and utilisation of contributions by trade unions. These, however, are not distinct events which can in this instance be subjected to separate examination; they are different but connected aspects of one major allegation-the general suspension of all activities by all trade unions by virtue of a decision of military, administrative authority. The Government did not specifically accuse the trade unions of having committed any breach of legislation prior to the suspension, nor did it allege that when the army took over power in November 1958 there was any sign of a serious disturbance of public order--on the contrary it stated that the army assumed power " peacefully ". The reasons given by the Government as having led to the suspension of all union activities were that the administration of the country had become degenerate and unstable, that rival political parties had tried to make use of various organisations, including trade unions, that the workers were illiterate and had little understanding of trade unions, and that existing labour and trade union legislation possessed many serious defects which it is necessary to remedy. It was in these circumstances that the army assumed power and suspended all trade union activity for the period of the ensuing emergency and pending review by the Government of the existing Trade Unions Ordinance, to which end the Government appointed a committee to examine the laws and to make its report not later than 31 March 1959.
  62. 62 The Committee recalled that, in many previous cases, it had emphasised the importance which it attaches to the observance of the generally accepted principle that trade unions should not be liable to be dissolved or suspended by administrative authority. In the present case, while the trade unions of the Sudan have been suspended by decision of the administrative authorities, this has been one of a series of important events, most of them not directly related to the exercise of trade union rights, which have taken place in a period of acute political crisis, in the course of which the army has assumed political power and a state of emergency has been proclaimed. Bearing in mind also the Government's statement that the suspension was effected for the period of the emergency, and pending review by the Government of existing trade union legislation in the light of a report to be made by a special committee not later than 31 March 1959, the Committee considered that, before it formulated its recommendations on this aspect of the case, it needed to obtain from the Government information as to the more recent developments in the Sudan and, especially as to whether the report of the committee inquiring into the legislation had been made and, if so, as to the nature of the report, as to the amendments in the legislation contemplated by the Government, and as to its intentions with regard to permitting the suspended trade union organisations to resume their functions in full freedom.
  63. 63 Further information on these matters was forwarded by the Government in a communication dated 25 August 1959. The Government stated that its special committee had then held some 15 meetings. It had interviewed leading trade unionists of all tendencies, employers, citizens and high government officials and was making a comparative study of contemporary labour legislation in other countries with due regard to the prevailing economic and social conditions of the Sudan. Owing to the death of one of its members, Professor Fawzi, and other reasons beyond its control, declared the Government, the work of the special committee had been somewhat retarded, but it was hoped that its report would be made early in September 1959. When the Government had approved it, consideration would be given to informing the Committee of its main contents, while any new legislation enacted as a consequence of the report would be communicated as early as possible. The Government did not consider it appropriate to furnish information as to draft amendments to legislation before its decisions thereon had been finalised. No information could then be given as to the Government's intentions with regard to permitting the suspended trade unions to resume their functions beyond that already given in the Government's communication dated 21 February 1959, as everything would depend on the report of the special committee and the new legislation recommended. The state of emergency still continued and all the emergency measures announced on 17 November 1958 were still in force.
  64. 64 The Committee observed at its meeting on 9 and 10 November 1959 that the report of the special committee appointed to inquire into the legislation of the Sudan had been delayed and that the trade unions whose activities were suspended almost a year earlier by administrative action had still not been permitted to resume their activities. In these circumstances the Committee decided to express to the Government its hope that it would communicate to the Committee, at the earliest possible moment, information as to the nature of the conclusions of its special committee and the amendments to legislation contemplated by the Government and as to the Government's intentions, in the light of the generally accepted principle that trade unions should not be liable to be suspended by administrative authority, with regard to permitting the suspended trade union organisations to resume their functions in full freedom.
  65. 65 In its communication dated 13 March 1960 the Government declares that the special committee referred to above has completed its inquiry and submitted its report to the Council of Ministers. The Government states: " It goes without saying that the principle of allowing trade unions to resume their activities had been the principal item in the committee's recommendations. Recognition and resumption of trade union activities remains the revolving pivot."
  66. 66 The special committee recommended that the Trade Unions Ordinance, 1948, and the Trade Union (Registration) Regulations, 1948, should be amended, because much of their terminology was misunderstood in the Sudan and the enactments also were not fully in harmony with local social conditions, to meet the requirements of the labour movement in the Sudan. Accordingly the Trade Unions (Amendment) Ordinance, 1960, has been enacted. It came into force on 9 February 1960. The text has been forwarded by the Government. The Government points out that the compulsory registration of trade unions continues under the new enactment, but that the number of promoters required for a new union is now 50 instead of five. The retention of compulsory registration will, in the Government's view, enable unions to conduct their business in an orderly manner and to develop along orthodox lines. The Government considers that the provisions governing trade union finances are of paramount importance in the Sudan, where the majority of union members are illiterate and have little experience of financial responsibility.
  67. 67 The special committee considered that neither the Regulation of Trade Disputes Ordinance, 1948, nor the Trade Disputes (Arbitration and Inquiry) Ordinance, 1948, had been of benefit to workers or employers. The committee recommended that they be repealed and replaced by a new law providing for the settlement of disputes through negotiation, conciliation and arbitration. Hence, the two laws mentioned above were repealed and replaced by the Trade Disputes Act, 1960, which came into force on 9 February 1960. This law, among other things, declares the Government, makes collective agreements binding on both parties. The text of this Act has been forwarded by the Government.
  68. 68 There are a number of matters arising both out of developments in the general trade union situation and out of the provisions of the new legislation which raise points of principle of considerable importance to the exercise of freedom of association.
  69. 69 In the first place the Government explained in its original reply dated 21 February 1959 that the activities of the trade unions of the Sudan, including the central Federation, had been " suspended " during the state of emergency and pending the review of the existing trade union legislation, this meaning in particular that the unions could not hold meetings or collect money (see paragraph 60 above). In its reply dated 25 August 1959 the Government stated that no further information could then be given as to its intentions with regard to permitting the suspended trade unions to resume their functions, as everything would depend on the pending report of the special committee and on the legislation recommended (see paragraph 63 above). Although again requested by the Committee at its meeting on 9 and 10 November 1959 to furnish information as to its intentions in respect of the suspended trade unions, the Government, in its communication dated 13 March 1960, still does not explain the position clearly, although new legislation has now been enacted. What it does say in general terms is that the principle of allowing trade unions to resume their activities " was the principal item in the recommendations of the special committee (see paragraph 65).
  70. 70 It appears to the Committee that it is unlikely, having regard to the stage of development of the trade union movement in the Sudan when the trade unions were suspended in November 1958, and to the fact that since that time the said trade unions have been unable to collect subscriptions or to hold meetings, that any of those actual unions can now be in a position to re-establish themselves by complying with the new legislation, and that no useful purpose would be served by pursuing the matter with that end in view. In these circumstances the Committee recommends the Governing Body to draw the attention of the Government to the importance which the Governing Body has always attached to the generally accepted principle that trade unions should not be liable to be dissolved or suspended by administrative authority and to the fact that the suspension of the trade unions of the Sudan in November 1958 constituted a serious violation of that principle and to express the hope that, now that new trade union legislation has been enacted, the Government will take steps to ensure that the workers shall be free to form organisations of their own choosing and that such organisations shall be able to organise their administration and carry on their activities in full independence and freedom, and to request the Government to keep the Governing Body informed as to developments in this connection.
  71. 71 The new legislation contains a number of provisions which require to be examined in the light of the generally accepted principles relating to freedom of association, and also one or two provisions the meaning and implication of which are not quite clear. A number of these principles have been embodied in the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). This Convention has not been ratified by the Sudan, but the Committee, as it did in Case No. 102 relating to the Union of South Africa and in Case No. 169 relating to Turkey, considers it appropriate to point out that the Declaration of Philadelphia, which now constitutes an integral part of the Constitution of the International Labour Organisation and the aims and purposes set forth in which are among those for the promotion of which the Organisation exists in virtue of article 1 of the Constitution, as amended at Montreal in 1946, recognises " the solemn obligation of the International Labour Organisation to further among the nations of the world programmes which will achieve the effective recognition of the right of collective bargaining, the co-operation of management and labour in the continuous improvement of productive efficiency, and the collaboration of workers and employers in the preparation and application of social and economic measures ". In these circumstances the Committee, as it did in Cases Nos. 102 and 169, considers it appropriate " that it should, in discharging the responsibility to promote these principles which has been entrusted to it, be guided in its task, among other things, by the provisions relating thereto approved by the Conference and embodied in 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), which afford a standard of comparison when examining particular allegations, more particularly as Members of the Organisation have an obligation under article 19 (5) (e) of the Constitution to report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of its law and practice in regard to the matters dealt with in unratified Conventions, showing the extent to which effect has been given, or is proposed to be given, to any of the provisions of the Convention by legislation, administrative action, collective agreement or otherwise and stating the difficulties which prevent or delay the ratification of such Conventions ". The Sudan is one of the governments which have complied with this obligation at the request of the Governing Body in respect of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), having furnished a report in 1959. The Committee, therefore, considers that, while recognising that the provisions of that Convention are not binding upon the Sudan, it should examine the allegations in the present case which bring into question principles embodied in the Convention, with a view to ascertaining the facts and reporting them to the Governing Body.
  72. 72 Firstly, the minimum number of founder members of a union has been raised to 50. The Committee of Experts on the Application of Conventions and Recommendations has expressed the view that the establishment of a trade union may be considerably hindered or even rendered impossible when legislation fixes the minimum number of members of a trade union at obviously too high a figure, as is the case, for example, where legislation requires that a works union must have at least 50 founder members. This requirement has to be considered in conjunction with the new section 27 (3) of the ordinance, which provides that " no worker shall join any trade union other than that formed by the workers of the government unit or the private establishment in which he is engaged ". The Committee, therefore, draws the attention of the Government to the view of the Committee of Experts cited above. The Committee also requests the Government to state whether the effect of the said section 27 (3) is to prevent the formation of occupational unions and so to deprive workers in undertakings employing less than 50 persons of the right to belong to trade unions, a situation which would clearly be incompatible with the principle, embodied in Article 2 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that workers without distinction whatsoever should have the right to establish and join organisations of their own choosing.
  73. 73 The definition of " workers " in the new section 2 (a) covers only persons who perform " manual work, whether skilled or unskilled ". Thus, all except purely manual workers would now seem to be deprived of the right to organise, which is clearly incompatible with the principle contained in Article 2 of the Convention.
  74. 74 Section 27 (4), moreover, provides that any trade union, the members of which are engaged by one employer, shall not unite or federate or otherwise affiliate with any other trade union. This section is not compatible with the generally accepted principle that workers' organisations should have the right freely to form federations and Confederations (Article 5 of the Convention). As it is not entirely clear whether the section covers all types of unions the Committee requests the Government to explain under what circumstances, if any, trade unions may federate under the law as it now stands, how the situation of, and possible resumption of activities by, the S.F.T.U have been affected and, in addition, under what circumstances trade unions may amalgamate (having regard to the fact that section 29 of the principal ordinance, which allowed amalgamation, has now been repealed).
  75. 75 According to the new section 27 (1) no registered trade union may affiliate or take joint action with any organisation not covered by the ordinance. This would appear to deprive trade unions of the right to affiliate with international organisations of workers, a right which is almost universally recognised and which is embodied in Article 5 of the Convention.
  76. 76 Under section 14 of the principal ordinance an appeal against refusal of registration of a trade union lay to a Judge of the High Court, who might order " that the trade union be registered or ... be not registered ". Under section 18 (4) an appeal against cancellation of registration lay " to the High Court whose decision shall be final ". In the texts substituted by the amending ordinance the words in quotation marks have disappeared and in each case an appeal lies to a " Judge of the High Court who shall consider the appeal under the Civil Law Ordinance, and in this case the documents of the Registrar shall be considered as documents of a Court ". The Committee of Experts on the Application of Conventions and Recommendations, when it has considered the legislation of certain countries in which appeals against a decision to refuse to register a trade union or to notify cancellation of registration lie to higher governmental authorities, has made observations suggesting that express provision should be made for such appeals to come before the courts, as is generally the case. As the provisions of the original ordinance gave effect to the generally accepted principle that an appeal should lie to the ordinary courts against any refusal or cancellation of the registration of a trade union, the Committee requests the Government to state how far effect is given to this principle under the new legislation and, in particular, whether the Judge of the High Court still has power to reverse a decision to refuse or cancel registration.
  77. 77 Section 32 of the principal ordinance provided that the Commissioner of Labour " may " make regulations concerning the matters specified in that section. The amending legislation provides that the Commissioner " shall " make regulations concerning, inter alia, " the object and purposes of the trade union " and " the funds of a trade union, contributions of the members, government aids and the expenditure of such funds ". The Committee emphasises the importance it attaches to the generally accepted principles-embodied in Articles 3 and 8 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)-that workers' organisations should have the right to " draw up their Constitutions and rules to organise their administration and activities and to formulate their programmes ", that " the public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof ", and that " the law of the land shall not be such as to impair, nor shall it be so applied as to impair " the effective observance of such right. The Committee considers that any provision which gave the authorities, for example, the right to restrict trade union activities to less than the activities and objects pursued by trade unions in the vast majority of countries for the furtherance and defence of the interests of their members, or the right to interfere with the freedom of a trade union to fix the contributions of its members and to administer and expend its funds as it wishes on normally lawful trade union purposes, would be incompatible with the generally accepted principles emphasised above. The Committee, therefore, requests the Government to state, in the light of these principles, the precise scope of the new provisions in section 27 (g) and (h) introduced by the amending ordinance and to explain precisely how far the discretion of the Commissioner of Labour in respect of the matters referred to therein extends.
  78. 78 Finally, the meaning of one further provision of the amending ordinance is not clear. Section 21 (l) of the principal ordinance contains a standard provision requiring the treasurer of a trade union to render accounts to the general meeting of members. A new section 21 (2) introduced by the amending ordinance provides that " such accounts shall be submitted by the Government on condition that the trade union shall contribute by paying fees to be fixed by the Commissioner of Labour ". It is difficult to understand the meaning, following section 21 (l), of the words " submitted by the Government ". Perhaps some error of transcription is involved. The Committee requests the Government to explain the meaning of these words in section 21 (2), and how section 21 (2) links up with section 21 (1).
  79. 79 The principles enunciated in paragraphs 71 to 78 above are among those which the Committee would have to bear in mind, as it already has done in a great many cases, irrespective of whether the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), has been ratified by the State concerned or not, in its examination of the substance of the allegations made and of the legislation which has been newly enacted. Before making its final recommendations to the Governing Body the Committee asks the Government to furnish the further information requested by the Committee in those paragraphs in the light of and having regard to the generally accepted principles in question.
• Allegations relating to a Trade Union Newspaper
  80. 80 It is alleged that the trade union newspaper, El Taliaa, was prohibited on 14 December 1958. The Government declared, in its communication dated 21 February 1959, that on 24 November 1958 the editor was accused of conducting seditious propaganda against the Government and warned that any continuance of such a course would lead to the newspaper being prohibited. On 13 December 1958 another accusation of sedition was made and the newspaper was prohibited immediately.
  81. 81 At its meeting on 9 and 10 November 1959 the Committee observed that, in certain previous cases' it has expressed the view that the right to express opinions through the press or otherwise is clearly one of the essential elements of trade union rights. The Committee has also expressed the view that the application of measures for the control of publication and information under national security legislation may involve a serious interference by administrative authorities with the exercise of this right, and that it should therefore " be the policy in such a case to make the exercise of administrative authority subject to judicial review at the earliest possible moment". In view of the fact, however, that the prohibition of the publication of the trade union newspaper in question was only one aspect of the suspension of trade union activities in connection with which it appeared necessary, as indicated in paragraph 62 above, to obtain further information from the Government, the Committee adjourned its examination of this aspect of the case pending the receipt of the information in question.
  82. 82 In its communication dated 13 March 1960 the Government makes no reference either to the newspaper El Taliaa or to the trade union press in general. In view of the conclusion reached in paragraph 70 above, however, the Committee considers that no useful purpose would be served by pursuing specifically the question of El Taliaa but that it should recommend the Governing Body to draw the attention of the Government to the importance that it has always attached to the freedom of the trade union press, to express the hope that, now that new trade union legislation has been enacted, the freedom of the trade union press will now be re-established, and to request the Government to keep the Governing Body informed as to developments in this connection.
• Allegations relating to Arrests of Trade Unionists
  83. 83 It is alleged that on 17 December 1958, El Shafia Ahmed El Sheikh, general secretary of the South Western Trade Union Federation, Gasim Amin, secretary of the S.F.T.U, and Shakir Mursal, editor of the trade union newspaper El Taliaa, and nine other trade union leaders and workers were arrested. The Government stated, in its communication dated 21 February 1959, that the persons in question-most of whom, it claimed, were not trade unionists-were arrested on the premises of the trade union newspaper because they held an illegal meeting there and not because of their trade union activities. The Government declared that they were accused of holding the illegal meeting under section 4 of the Unlawful Societies Ordinance, 1924, one of the laws of the land applicable to all citizens.
  84. 84 In a number of earlier cases the Committee has emphasised the importance which it has always attached to the principle of prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences which the government considers have no relation to their trade union functions. In the past, moreover, where allegations that trade union leaders or workers have been arrested for trade union activities have been met by governments with statements that the arrests were made for subversive activities, for reasons of internal security or for common law crimes, the Committee has followed the rule that the governments concerned should be requested to submit further and as precise information as possible concerning the arrests, particularly in connection with the legal or judicial proceedings instituted as a result thereof and the result of such proceedings. The Committee, therefore, at its meeting on 25 and 26 May 1959, decided to request the Government to be good enough to inform it whether any of the 12 trade unionists mentioned by the complainants, including the three officials whose names are given, were still in custody and to furnish information as to the legal or judicial proceedings taken in respect of such persons and as to the results of these proceedings.
  85. 85 In its communication dated 25 August 1959 the Government gave further information concerning the trials of the trade unionists in question. It declared that Messrs. El Shafia Ahmed el Sheikh, Shakir Mursal and Taha Mohamed Ali were each sentenced to five years' imprisonment, by court martial, before which they had the services of legal counsel, on the charge of holding an illegal meeting in terms of section 4 of the Unlawful Societies Ordinance, 1924; that Messrs. Gasim Amin and Mohamed Ahmed Omer were each sentenced to two years' imprisonment; and Messrs. Hassan Mohamed Salih and Awad Sharaf Eddin to one year's imprisonment, the rest being acquitted because of lack of evidence.
  86. 86 The Committee, at its meeting on 9 and 10 November 1959, observed that, apart from stating the charge on the basis of which they were convicted, the Government gave no indication as to the precise reasons for which those sentenced were found guilty and furnished no information enabling the Committee to judge whether or not the meeting in question admitted by the Government to have been held on the premises of a trade union newspaper -was directly related to the exercise of trade union rights. In these circumstances the Committee decided to request the Government to be good enough to furnish more precise information, including copies of the judgments given, as to the reasons adduced by the court martial which sentenced the persons referred to above to terms of imprisonment.
  87. 87 In its communication dated 13 March 1960 the Government declares that the authorities concerned are convinced that there is no need whatsoever to divulge such information as the matter does not in any way relate to the trade union activities of those concerned.
  88. 88 In certain previous cases in which governments have declined on similar grounds to furnish information of the kind indicated in paragraph 86 above, the Governing Body has, on the recommendation of the Committee, rejected such arguments, stating that the question whether the formulation of charges of having committed crimes on the basis of facts and allegations involving the exercise of trade union rights is to be regarded as a matter relating to a criminal offence or a matter related to the exercise of trade union rights is not one which can be determined unilaterally by the government concerned, in such a manner as to prevent the Governing Body from inquiring further into it.
  89. 89 In these circumstances the Committee, noting that sentences of from one to five years' imprisonment have been imposed by court martial in respect of participation in a meeting on trade union premises for reasons which the Government alleges have no relation to trade union activities but which it has not specified, recommends the Governing Body to note with regret that the Government has not seen fit to furnish the Committee with the information requested, and to draw the attention of the Government to the importance which it has always attached to the principle of prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences which the government considers have no relation to their trade unions functions.

The Committee's recommendations

1. 90. In all the circumstances, the Committee recommends the Governing Body:
   • (a) with respect to the allegations relating to the suspension of the trade unions of the Sudan:
   • (i) to draw the attention of the Government to the importance which the Governing Body has always attached to the generally accepted principle that trade unions should not be liable to be dissolved or suspended by administrative authority and to the fact that the suspension of the trade unions of the Sudan in November 1958 constituted a serious violation of that principle;
   • (ii) to express the hope that, now that new trade union legislation has been enacted, the Government will take steps to ensure that the workers shall be free to form organisations of their own choosing and that such organisations shall be able to organise their administration and carry on their activities in full independence and freedom;
   • (iii) to request the Government to keep the Governing Body informed as to developments in this connection;
   • (b) with respect to the allegations relating to the prohibition of a trade union newspaper:
   • (i) to draw the attention of the Government to the importance which the Governing Body has always attached to the freedom of the trade union press;
   • (ii) to express the hope that, now that new trade union legislation has been enacted, the freedom of the trade union press will now be re-established;
   • (iii) to request the Government to keep the Governing Body informed as to developments in this connection;
   • (c) with respect to the allegations relating to arrests of trade unionists:
   • (i) to note with regret that the Government has not seen fit to furnish the Committee with the information requested by it, as indicated in paragraph 86 above;
   • (ii) to draw the attention of the Government to the importance which the Governing Body has always attached to the principle of prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences which the government considers have no relation to their trade union functions;
   • (d) to take note of the present interim report of the Committee with respect to certain matters arising out of the trade union legislation recently enacted in the Sudan, in connection with which the Committee has drawn attention to a number of the generally accepted principles relating to freedom of association and has requested the Government to furnish further information on certain points having regard to those principles, it being understood that the Committee will report further thereon to the Governing Body when the said information has been received.
     • Geneva, 24 May 1960. (Signed) Paul RAMADIER, Chairman.