Interim Report - Report No 52, 1961

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

1. 79. When the Committee examined this case at its meeting on 20 May 1960, it submitted certain conclusions in paragraphs 56 to 90 of its 48th Report, which was approved by the Governing Body at its 146th Session (24 June 1960).
2. 80. Paragraph 90 of the Committee's 48th Report reads as follows:
3. 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.
4. 81. The request for further information indicated in paragraph 90 (d) of the Committee's 48th Report was brought to the notice of the Government of the Sudan by a letter of the Director-General dated 13 June 1960, and the Government was informed of the Governing Body's decision by a further letter dated 30 June 1960.
5. 82. The Government furnished further observations in a communication dated 6 December 1960. In this communication the Government not only furnishes information, pursuant to the request of the Committee, on matters arising out of the new trade union legislation, but also comments on the decisions taken by the Governing Body, when adopting paragraph 90 (a), (b) and (c) of the Committee's 48th Report, with regard to the allegations made in respect of the suspension of the trade unions of the Sudan and the prohibition of a trade union newspaper-concerning which the Governing Body asked the Government to keep it informed of any further developments-and with regard to the allegations relating to arrests of trade unionists. These different aspects of the case are considered separately below.
6. 83. The Sudan has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations relating to the Suspension of the Trade Unions of the Sudan
  84. 84 These allegations and the observations furnished thereon by the Government in its earlier communications dated 21 February and 25 August 1959 and 13 March 1960 were analysed in paragraphs 58 to 70 of the Committee's 48th Report, and the Committee submitted to the Governing Body the recommendations contained in paragraph 90 (a) of that report which are cited in paragraph 80 above.
  85. 85 The Government, in its communication dated 6 December 1960, begins by stating that when the Trade Unions Ordinance of 1948 was enacted it did not lead at once to applications for registration by the then existing unions, as its provisions contained a number of concepts alien to the way of life of the Sudanese workers. Instead, the only organisation existing at that time-the Railway Workers' Affairs Association-tried to develop into a general union catering for all government employed and privately employed clerical, technical and manual workers, this being contrary, in the view of the Government, to the fundamental principle that individual unions should consist of persons having a close community of common interest. By 1950, however, the workers' fears had been allayed, and some of the trade unions having allegiance to the Association formed a Congress. Then, in November 1950, 45 trade unions formed a manual workers' federation-the Sudan Workers' Trade Unions Federation. From that time, declares the Government, the unions and especially the Federation confused their industrial and " proper political functions " with a general political attitude, openly entering the political arena in 1951 to wage a campaign to put an end to the Condominium-a step which gave rise to controversy within the unions themselves.
  86. 86 The Government goes on to comment on certain social aspects of life in the Sudan, stating that only some 10 per cent of the population enter into employer-employee relationships, the other 90 per cent being peasant farmers who do not employ permanent labour. The vast majority of organised workers within the wage-earning group are employed in the provision of services, public utilities, transport and public health or the servicing of imported equipment. Workers do not change their employments as in the more industrialised countries, in order to better themselves, and there is no real employment market. After the wage awards in 1950 and 1951, the Federation of Trade Unions, declares the Government, lost its grip on the individual unions, partly because the workers had then secured their advantages and partly because the Federation interfered in the affairs of the unions, tried to coerce them into strikes on political issues and conducted its own elections in an undemocratic manner. Late in 1952, according to the Government, the Federation started to call a series of "mad strikes ", refusing to negotiate as a matter of principle. Although the Federation had been recognised de facto by the Government from the beginning, the Trade Unions Ordinance, 1948, did not provide for the registration of federations or for their existence as legal entities; the Government informed the Federation after these strikes that it would no longer recognise it as an instrument for collective bargaining.
  87. 87 When self-government was gained through the Anglo-Egyptian Agreement of February 1953, the Federation opposed the Agreement; from that point, says the Government, the Federation and the unions cast aside their trade union functions to indulge in the pending political elections campaign, politicians used the unions for their own ends, economic issues were linked with political issues. The influence of political parties was reflected in the elections of trade union executives and unions manoeuvred to get political party support, although one trend in the trade union movement tried to follow its own line of adhering to the real aspects of genuine trade unionism. An amendment to the Trade Unions Ordinance in 1956 permitted the registration of federations of employees of one employer or in one industry. Nevertheless, declares the Government, no federation was able to secure registration, prior to the assumption of power by the army on 17 November 1958, because of the manoeuvres between political parties and the trade union leaders. When the present Government was set up, it found that some union leaders were also political party leaders and, having suspended partisan activities, it considered it necessary to suspend trade union activities also.
  88. 88 The Government states that this suspension of trade union activity by administrative authority was exceptional and unique and that it agrees with the view-expressed in paragraph 90 (a) (i) of the Committee's 48th Report-that it is of paramount importance that trade union activities should not be subject to administrative suspension. This is reflected, says the Government, in the provisions of the new ordinance of 1960 (see paragraphs 111 to 113 below) regarding cancellation of trade union activities.
  89. 89 The Government adds that more than 60 trade unions have applied for registration under the new ordinance, 45 of which were due to be registered by 31 December 1960, after the expiry of the three months' notice required by the ordinance before registration. This aspect of the procedure under the ordinance represents an experiment and may be amended in the light of experience. In conclusion, the Government states that further information can be given to the Governing Body in due course on the functioning of trade unions under the new legislation.
  90. 90 The Committee observes that the account given by the Government of the events leading to the suspension of trade union activity at the end of 1958 adds considerable detail in clarification of the statements made in its earlier communications as to the defects in the Trade Unions Ordinance, 1948, and the political connections of the trade unions being two of the factors, among others, contributing to the situation reached in 1958 and to the suspension of the trade unions by administrative authority in circumstances described by the Government as exceptional and unique. It does not, however, appear to add anything to cause the Committee to recommend the Governing Body to modify the conclusion reached in paragraph 90 (a) of the Committee's 48th Report cited in paragraph 80 above.
  91. 91 In these circumstances the Committee recommends the Governing Body:
      • (a) to take note of the further information furnished by the Government with regard to the events preceding the suspension of trade union activity in the Sudan in November 1958, and of the Government's statement that this suspension by administrative authority was exceptional and unique and that it agrees with the view expressed by the Governing Body, when it adopted paragraph 90 (a) (i) of the Committee's 48th Report, that it is of paramount importance that trade union activities should not be subject to administrative suspension;
      • (b) to take note also of the Government's statement that over 60 trade unions have applied for registration under the Trade Unions (Amendment) Ordinance, 1960, 45 of which were due to be registered by 31 December 1960 and that the Government can give further information in due course on the functioning of trade unions under the new legislation;
      • (c) 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 80 above, to continue to keep the Governing Body informed of further developments with regard to the formation and functioning of trade unions in the Sudan.
  92. Allegations relating to a Trade Union Newspaper
  92. 92 These allegations and the observations furnished thereon by the Government in its earlier communications were analysed in paragraphs 80 to 82 of the Committee's 48th Report and the Committee submitted to the Governing Body the recommendations contained in paragraph 90 (b) of that report which are cited in paragraph 80 above.
  93. 93 In its communication dated 6 December 1960 the Government declares that the question of allowing trade unions to express their opinions by publishing their own newspapers will be further considered, and that progress reports and information will be communicated to the Governing Body in future in connection with this matter.
  94. 94 In these circumstances the Committee recommends the Governing Body to note this statement by the Government, to reaffirm the importance which the Governing Body has always attached to the freedom of the trade union press, and to request the Government to keep the Governing Body informed of developments in this connection.
• Allegations relating to Arrests of Trade Unionists
  95. 95 These allegations and the observations furnished thereon by the Government in its earlier communications were analysed in paragraphs 83 to 87 of the Committee's 48th Report and the Committee submitted to the Governing Body the recommendations contained in paragraph 90 (c) of that report which are cited in paragraph 80 above.
  96. 96 In its communication dated 6 December 1960 the Government states that the arrest and subsequent trial of certain workers were in accordance with existing law but that, owing to the exceptional circumstances, they were tried by court martial, whereas in the usual circumstances such cases are referred to the ordinary courts.
  97. 97 The Committee considers that this statement adds no new element to the observations which were before it at its meeting on 20 May 1960 and that, having regard to the final recommendations which it submitted to the Governing Body in paragraph 90 (c) of its 48th Report, there is no reason for it to submit any further recommendations or modification of the previous recommendations to the Governing Body.
• Certain Matters Arising Out of the Trade Unions (Amendment) Ordinance, 1960
  98. 98 At its meeting on 20 May 1960 the Committee had before it the text of the Trade Unions (Amendment) Ordinance, 1960, which came into force on 9 February 1960 and the text of which was forwarded by the Government with its communication dated 13 March 1960. It also had before it a number of observations by the Government with respect to the preparatory work and examination of existing legislation performed prior to the enactment of the ordinance of 1960, as well as observations on specific provisions of which account is taken below in connection with the examination of those provisions.
  99. 99 At that meeting the Committee explained its reasons for deciding that it should examine certain provisions in the new legislation which bring into question principles embodied in the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), although that Convention has not been ratified by the Sudan. These reasons were set forth in paragraph 71 of the Committee's 48th Report which reads as follows
  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 a 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.
  100. 100 The Committee then proceeded to consider certain specific provisions of the Trade Unions (Amendment) Ordinance, 1960, and, as indicated below, decided to request the Government to furnish further information in respect of a number of them before it formulated its final recommendations on this aspect of the case to the Governing Body. The Government forwarded further information in its communication dated 6 December 1960, together with a new, corrected copy of the text of the ordinance. The Committee is, therefore, in a position to continue its consideration of the different provisions of the ordinance.
       • (a) Provisions relating to the Formation of Trade Unions
  101. 101 At its meeting on 20 May 1960 the Committee observed that section 9 (1) of the principal ordinance as amended in 1960 raises to 50 the number of promoters required to form a new union. The Committee pointed out that the Committee of Experts on the Application of Conventions and Recommendations had 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, observed the Committee, had to be considered in conjunction with the new section 27 (3) of the ordinance as amended, 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, drew the attention of the Government to the view of the Committee of Experts cited above. The Committee also requested 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.
  102. 102 In its communication dated 6 December 1960 the Government states that the raising of the figure to 50 was intended to rid the labour movement of short-lived unions existing on paper only. There must also be sufficient contributions to enable the union to have an established office. The Government declares that several unions in the past had no offices and kept no proper register of members. In the Government's view, the new provision will strengthen the unions' bargaining ability. Section 27 (3) is intended to favour " house associations " within a single government department or private firm-the type of association which has " appeal for the unsophisticated worker ". At present it is not intended to encourage occupational unions. In this connection the Government points out that the Trade Disputes Ordinance, 1960, applies to any trade dispute between employers and workers, whether the latter are members of a trade union or not. But, concludes the Government, the present situation might be changed in the light of future experience and practice.
  103. 103 It would therefore appear that under the legislation now in force there exists no right to form occupational trade unions and that freedom of association is limited to the formation of unions in single undertakings or enterprises, but even in the latter event only if the undertaking or enterprise is so large that a union of its employees can be promoted by not less than 50 of those employees. It seems to follow that workers in undertakings or enterprises employing less than 50 persons can exercise no right of association at all and that even in large undertakings and enterprises its exercise by any of the workers employed therein is restricted until not less than 50 have combined to promote a trade union.
  104. 104 The Committee also pointed out at its meeting on 20 May 1960 that the definition of " worker " in section 2 of the ordinance as amended in 1960 covers only persons who perform " manual work, whether skilled or unskilled ", so that all except purely manual workers would now seem to be deprived of the right to organise. Moreover, the definition of " worker " also excludes " classified officials or unclassified employees of the Government ".
  105. 105 In its communication dated 6 December 1960 the Government states that the question of this definition will definitely be reconsidered when the coming trade unions begin to function.
  106. 106 In these circumstances the Committee, having regard to the considerations set forth in paragraph 101 above and to the Government's replies to the questions put to it by the Committee, recommends the Governing Body:
       • (a) to note the Government's statement that the definition of " worker " contained in section 2 of the Trade Unions Ordinance, as amended in 1960, is to be reconsidered when the coming trade unions begin to function and to request the Government to keep the Governing Body informed as to further developments in this connection;
       • (b) to express the hope that, having regard to the considerations set forth in paragraphs 101, 103 and 104 above with regard to sections 9 (1) and 27 (3) of the ordinance, as amended, the Government will consider amending these sections so as to permit the formation of occupational unions, and to request the Government to keep the Governing Body informed of developments in this connection.
       • (b) Provisions relating to Federations and Confederations Affiliating with International Organisations of Workers
  107. 107 At its meeting on 20 May 1960 the Committee observed that section 27 (4) of the ordinance, as amended in 1960, which 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, was not compatible with the generally accepted principle, embodied in Article 5 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that workers' organisations should have the right freely to form federations and Confederations. As it was not entirely clear whether the section covered all types of unions, the Committee requested the Government to explain under what circumstances, if any, trade unions may federate under the law as it now stands and under what circumstances trade unions may amalgamate (having regard to the fact that the ordinance of 1960 had repealed the earlier provisions concerning amalgamation).
  108. 108 The Committee also observed that, according to the new section 27 (1) of the ordinance, no registered trade union may affiliate or take joint action with any organisation not covered by the ordinance, and that this provision 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 said Convention.
  109. 109 In its communication dated 6 December 1960 the Government states that the question of permitting the formation of federations and Confederations will be considered when the workers feel that there is a great need for federations. As the formation of federations and Confederations is not allowed at present, adds the Government, it would be difficult to allow individual unions to affiliate with outside bodies, but this matter will be reconsidered later.
  110. 110 In these circumstances the Committee recommends the Governing Body:
       • (a) to note the Government's statement that the question of permitting the formation of federations or Confederations will be considered when the workers feel that there is a great need for federations and that the question of affiliation with international organisations will be reconsidered later;
       • (b) to express the hope that the Government, having regard to the considerations set forth in paragraphs 107 and 108 above, will consider amending the legislation so as to permit the formation of federations and Confederations and of affiliation of national organisations with international organisations of workers; and
       • (c) to request the Government to keep the Governing Body informed of developments in this connection.
       • (c) Provisions relating to Appeals against Refusal or Cancellation of the Registration of Trade Unions
  111. 111 At its meeting on 20 May 1960 the Committee observed that, under section 14 of the principal ordinance of 1948, an appeal against refusal or 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 or 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 requested 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.
  112. 112 In its communication dated 6 December 1960 the Government confirms that the Judge of the High Court still has power to reverse the decision of the Registrar of Trade Unions in connection with the refusal or cancellation of registration of a trade union.
  113. 113 In these circumstances the Committee recommends the Governing Body to decide that, having regard to the Government's statement that following the amendments made in 1960 to sections 14 and 18 (4) of the Trade Unions Ordinance, 1948, the Judge of the High Court still has power to reverse the decision of the Registrar of Trade Unions in connection with the refusal or cancellation of registration of a trade union, there is no ground for it to give further consideration to this aspect of the legislation.
       • (d) Provisions relating to the Powers of the Commissioner of Labour
  114. 114 At its meeting on 20 May 1960 the Committee observed that 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 purpose 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 emphasised 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 should refrain from any interference which would restrict this right or impede the lawful exercise thereof " and that " the law of the land should not be such as to impair, nor should it be so applied as to impair " the effective observance of such right. The Committee considered 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, requested the Government to state, in the light of these principles, the precise scope of the new provisions in section 32 (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.
  115. 115 In its communication dated 6 December 1960 the Government states that in the past trade unions drew up their Constitutions themselves and then brought them to the Commissioner of Labour " for checking only ". The Government adds that " this procedure is not changed now, but it became a question of emphasis only ". That is why the provisions in section 32 (g) and (h) have been inserted.
  116. 116 The Committee considers that the wording of this explanation still does not make the reasons for the amendments in question entirely clear. The position now is that section 32 reserves the power to the Commissioner of Labour, as is fairly frequently seen in the legislation of countries or territories in which trade unions are at an early stage of development, to make regulations covering certain formal matters-forms, keeping of registers, fees for registration, etc.-but that the insertion of subsections (g) and (h) has introduced matters which normally are not subject to the powers of the administrative authorities. The Government does state, however, and quite categorically, that the amendment has not changed the procedure compared with what it was in the past.
  117. 117 In these circumstances the Committee recommends the Governing Body to note the Government's statement that the insertion of subparagraphs (g) and (h) in section 32 of the Trade Unions Ordinance has not changed the procedure followed in the past, according to which trade unions drew up their own Constitutions; to suggest to the Government that, having regard to the principles enunciated in paragraph 114 above, the Government may care to re-examine the drafting of section 32 with a view to making this fact more clear in the legislation.
       • (e) Provisions relating to the Auditing of Trade Union Accounts
  118. 118 At its meeting on 20 May 1960 the Committee noted that section 21 (1) of the principal ordinance contains a standard provision requiring the treasurer of a trade union to render accounts to the general meeting of members, but that a new section 21 (2), introduced by the amending ordinance of 1960, 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 ". The Committee found it difficult to understand this provision and, feeling that a mistranslation might be involved, requested the Government to explain the meaning of section 21 (2).
  119. 119 In its communication dated 6 December 1960 the Government states that in its earlier reply the relevant words had been copied erroneously and should read: " Such accounts of trade unions shall be audited by the Government on condition that the trade unions shall contribute by paying auditing fees, as the Commissioner of Labour may think reasonable ".
  120. 120 The Committee considers that while provisions contained in many legislations require trade union accounts to be audited, either by an auditor appointed by the trade union or, less frequently, appointed by the Registrar of Trade Unions, such auditor having to possess the normal qualifications required by his profession, it is a generally accepted principle that such auditor shall be an independent person. The Committee considers, therefore, that a provision which reserves to the Government the right to audit trade union funds is not consistent with the generally accepted principle that trade unions should have the right to organise their administration and that the public authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof.
  121. 121 In these circumstances the Committee recommends the Governing Body to express the hope that the Government, bearing in mind the considerations set forth in paragraph 120 above, may care to reconsider the wording of section 21 (2) of the ordinance, as amended, with a view to providing that trade union accounts shall be audited by independent qualified auditors.

The Committee's recommendations

1. 122. As regards the case as a whole, 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 further information furnished by the Government with regard to the events preceding the suspension of trade union activity in the Sudan in November 1958, and of the Government's statement that this suspension by administrative authority was exceptional and unique and that it agrees with the view expressed by the Governing Body, when it adopted paragraph 90 (a) (i) of the Committee's 48th Report, that it is of paramount importance that trade union activities should not be subject to administrative suspension;
   • (ii) to take note also of the Government's statement that over 60 trade unions have applied for registration under the Trade Unions (Amendment) Ordinance, 1960, 45 of which were due to be registered by 31 December 1960 and that the Government can give further information in due course on the functioning of trade unions under the new legislation;
   • (iii) 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 80 above, to continue to keep the Governing Body informed of further developments with regard to the formation and functioning of trade unions in the Sudan;
   • (b) to decide, with respect to the allegations relating to a trade union newspaper, to take note of the Government's statement that the question of allowing trade unions to express their opinions by publishing their own newspapers will be further considered, to reaffirm the importance which the Governing Body has always attached to the freedom of the trade union press, and to request the Government to keep the Governing Body informed of developments in this connection;
   • (c) to decide, with regard to certain matters arising out of the Trade Unions (Amendment) Ordinance, 1960:
   • (i) that, having regard to the Government's statement that following the amendments made in 1960 to sections 14 and 18 (4) of the Trade Unions Ordinance, 1948, the Judge of the High Court still has power to reverse the decision of the Registrar of Trade Unions in connection with the refusal or cancellation of registration of a trade union, there is no ground for it to give further consideration to this aspect of the legislation;
   • (ii) to note the Government's statement that the insertion of subparagraphs (g) and (h) in section 32 of the Trade Unions Ordinance has not changed the procedure followed in the past, according to which trade unions drew up their own Constitutions, and to suggest to the Government that, having regard to the principles enunciated in paragraph 114 above, the Government may care to re-examine the drafting of these subparagraphs with a view to making this fact more clear in the legislation;
   • (iii) to express the hope that the Government, bearing in mind the considerations set forth in paragraph 120 above, will reconsider the wording of section 21 (2) of the ordinance, as amended, with a view to providing that trade union accounts shall be audited by independent qualified auditors;
   • (iv) to note the Government's statement that the definition of " worker " contained in section 2 of the Trade Unions Ordinance, as amended in 1960, is to be reconsidered when the coming trade unions begin to function, and to request the Government to keep the Governing Body informed as to further developments in this connection;
   • (v) to express the hope that, having regard to the considerations set forth in paragraphs 101, 103 and 104 above with regard to sections 9 (1) and 27 (3) of the ordinance, as amended, the Government will consider amending these sections so as to permit the formation of occupational unions, and to request the Government to keep the Governing Body informed of developments in this connection;
   • (vi) to note the Government's statement that the question of permitting the formation of federations or Confederations will be considered when the workers feel that there is a great need for federations and that the question of affiliation with international organisations will be reconsidered later, to express the hope that the Government, having regard to the considerations set forth in paragraphs 107 and 108 above, will consider amending the legislation so as to permit of the formation of federations and Confederations and of affiliation of national organisations with international organisations of workers, and to request the Government to keep the Governing Body informed of developments in this connection.