Interim Report - Report No 270, March 1990

Case No 1508 (Sudan) - Complaint date: 18-AUG-89 - Closed

1. 369. The World Federation of Trade Unions (WFTU) presented a complaint of violations of trade union rights against the Government of Sudan on 18 August 1989. The International Confederation of Free Trade Unions (ICFTU) presented its complaint on 4 October 1989. The International Federation of Commercial, Clerical, Professional and Technical Employees (FIET) presented its complaint on 18 October 1989. The WFTU sent further information in support of its complaint on 4 and 15 September 1989; the ICFTU sent further information on 29 November 1989.
2. 370. The Government sent its observations in communications dated 24 October 1989 and 6 February 1990.
3. 371. Sudan has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Background to the case

1. 372. The WFTU, in a telex dated 4 July 1989, expressed its concern over extremely serious violations of trade union rights in Sudan where all trade union organisations were dissolved and trade union officials imprisoned by arbitrary decision of those who staged a military coup d'état the previous week in Sudan. It called for an ILO intervention with the Sudanese authorities in an effort to ensure that trade unions regained their right to function freely and to obtain the immediate release of imprisoned unionists.
2. 373. On 28 August 1989 the Government replied that no leaders of trade unions had been imprisoned, that the chairman of the Revolutionary Council for National Salvation had met with the union leaders and had informed them that the suspension was for the sake of reorganising and reforming the whole State and social institutions and organs. It added that the Sudanese Government gives great respect and full consideration to international Conventions.
3. 374. Subsequently, in a letter of 18 August 1989, the WFTU lodged a formal complaint against the Government of Sudan in which it made the following allegations.

B. The complainants' allegations

1. 375. The WFTU states that, following the coup d'état of 30 June 1989, the country's Constitution was suspended and the constituent assembly, government and political parties and trade unions were dissolved. Over 80 leading political and trade union personalities were detained and are still held in prison. Those arbitrary acts were "officialised" by two Decrees (Nos. 1 and 2) passed by Brigadier Ahmad Al-Bashir, Chairman of the National Salvation Revolutionary Council in Sudan. English translations of both Decrees are supplied by the WFTU.
2. 376. This complainant states that in spite of the intervention of the International Labour Office, the detention of the trade union leaders continues. For example, eight leaders of the Salaried Employees' Federation and the Federation of Professionals and Technicians were detained after presenting a memorandum to the military Government asking for the lifting of the ban on their activities. Mr. Mahgoub Sied Ahmed, leader of the Electrical Workers' Union, former Workers' delegate to a number of International Labour Conferences and member of the WFTU Bureau, is among the detainees. The WFTU states that as the officers who staged the coup intend systematically to liquidate any opposition to their regime, all detainees are in grave danger.
3. 377. Lastly, it stresses that the trade unions as well as other associations had to hand over their assets and property to the Registrar-General and these were later placed under guard by the armed forces. All trade union funds have been confiscated.
4. 378. In its further letter of 4 September 1989, the WFTU comments on the Government's response of 28 August to the ILO intervention. It states that it is not true that there are no union leaders in prison as the Government claims. It provides a list of some detained leaders who have not been charged and who are unlikely, it claims, to have a fair trial:
5. (1) Mahgoub Sied Ahmed, member of the executive committee of the General Union of Electrical and Water Workers, member of the WFTU Bureau and on several previous occasions titular member of the Workers' group of the International Labour Conferences. (He suffers poor health and is not receiving proper medical treatment.);
6. (2) Yahya Ali Abdalla, Vice-President of Sudan Federation of Workers' Trade Unions and President of the General Union of Stone Workers;
7. (3) Siddik Yahya Mohamed, member of the executive committee of the Sudan Federation of Workers' Trade Unions, President of the General Union of Workers in Housing and General Utilities;
8. (4) Mohammed Babikir, General Secretary of the Employees' Federation;
9. (5) Ali Al Khidir, General Secretary of the Secondary School Teachers' Federation;
10. (6) Omer El Amin, General Secretary of the Bank Employees' Union;
11. (7) Nageeb Najm El Din, member of the executive committee of the Doctors' Union;
12. (8) Ali Khidir Mohamed El Amin, President of the General Union of Economists and Administrators, Deputy Secretary-General of the Sudanese Professionals and Technicians Trade Union Federation;
13. (9) Omer El Bousiery Mohamed, General Secretary of the General Union of Civil Aviation Engineers and member of the executive committee of the Engineers' Union;
14. (10) Ahmed Mohamed Salih, President of the General Union of Engineers in Electric and Water Utilities;
15. (11) Hussien Abdul Gadir Shaglaban, General Secretary of the same union;
16. (12) Magdoub Akasha, member of the Engineers' Union;
17. (13) Tasig Hassan El Sheikh, member of the Engineers' Union;
18. (14) Mohamed Suliman Mohamed, President of the Veterinary Surgeons' Union and Secretary of the Professionals and Technicians Federation;
19. (15) Galal El Din Mohamed El Sayed, Deputy Secretary of the Lawyers' Union;
20. (16) El Sadik Sied Ahmed El Shamir, member of the executive committee of the same union;
21. (17) Mustafa Abdul Gadir Mohamed, member of the executive of the same union.
22. 379. The WFTU again urges that strong action be taken with the Government of Sudan so as to ensure the release of the detained union leaders and the lifting of the ban on trade union activities.
23. 380. On 15 September 1989, the WFTU added the following names to the above list of unionists being held without charge or trial:
24. (18) Hassan Ibrahim, leader of the Railway Workers' Union and deputy member of the WFTU General Council;
25. (19) Ali Issalati, member of the executive committee of the Railway Workers' Union;
26. (20) Hassan Khalid, leader of the Textile Workers' Union.
27. 381. The ICFTU's complaint alleges that the military junta which overthrew the civilian elected Government on 30 June 1989 continues its policy of repression of the trade unions and their officers. In particular, it expresses its concern that the measures taken against unionists are in violation of the ILO Conventions on freedom of association. It explains that on 2 July, Decree No. 2 was published in the bulletin of the armed forces. Section 3 of that Decree stipulates that all unions set up under any law are to be dissolved. Section 8(b) states that under the state of emergency all mass work stoppages, closures, any obstruction of public or private production, etc. are banned. Section 11 provides that the Revolutionary Council of the military junta, or whosoever is authorised by that Council, can set up special courts to try any offender under that Decree.
28. 382. The ICFTU adds that on 3 July 1989 the armed forces bulletin reported that the Council had passed a decree closing down the offices of, among others, the trade unions. On the following day it further reported that, in accordance with this Decree, the Commander of the central military district had announced that the assets and properties of, among others, unions and peasants' associations were to be confiscated by 5 July. This confiscation has, according to the ICFTU, been carried out.
29. 383. Lastly, the ICFTU states that on 11 July it received news that eight unionists had been arrested a few days earlier for having exercised their right to denounce the junta's anti-union policies. It lists the names of the detainees as follows:
30. (1) Mohamed Bakiki Mukthar, General Federation of Sudan's Employees;
31. (2) Ali Khakíía Mahdl, Federation of Professionals and Technicians Trade Unions;
32. (3) Aí-Sadiq Al-Shamí, Sudanese Bar Association;
33. (4) Mohamed Osman Shuwak, Sudanese Journalists' Union;
34. (5) Mohamed Mustaía, Technical Teachers' Union;
35. (6) Alí Abdalla Abbas, Trade Union Organisation of Khartoum's University Teaching Staff;
36. (7) Mahdí Hassan Mohamed, Intermediate Schoolteachers' Union;
37. (8) Macky Abbas Macky, Trade Union of Legal Counsellors at the Attorney General's Chambers.
38. 384. In its letter of 29 November the ICFTU supplies further information on its complaint. It states that it has received information to the effect that several other trade unionists have been imprisoned while many others have been deported to western Sudan where they are reportedly in detention at Shala prison which is said to be without adequate drinking water. It attaches lists of names of detainees as new evidence that the Sudanese military Government has continued to act in blatant violation of ILO Convention No. 87. Several of the names listed appear in the above paragraphs; the new names are:
39. (9) Mohamed Abdalla Saleh, train driver;
40. (10) Saied Ahmad Abderahim, electrical engineer;
41. (11) Tarek Hussein Asheik, civil aviation engineer;
42. (12) Ali Said Ali, teacher;
43. (13) Kamal Hassan Mabrouk, leader of Sudan Railways Union;
44. (14) Kamal Al-Jazouli, member of Sudan Bar Association and General Secretary of the Writers' Union;
45. (15) Meki Abbas Mekki, a legal adviser, member of the executive committee of the Sudanese Professionals and Technicians Trade Union Federation (SPTTUF);
46. (16) Mohamed Al Hassan Hamid, medical officer at the Ministry of Health and trade union activist;
47. (17) Farouk Koudada, university lecturer and trade union activist;
48. (18) Salah El Dien Ahmed Karar, local government officer;
49. (19) Salih Al Khier, electrical engineer;
50. (20) Khalid Mohamed Al-Tayeb, electrical engineer;
51. (21) Mohamed Osman Al Khidr, economist;
52. (22) Ms. Mahasin Abdien, local government officer;
53. (23) Ushari Ahmed Mahmoud, university lecturer;
54. (24) Khalid Hussein Al Kid, university lecturer;
55. (25) Abdul Rahman Abu Al-Kul, former Minister of Health and President of the Sudan Doctors' Union;
56. (26) Ahmed Suraj, lecturer in psychiatry, Academic Secretary of the Doctors' Union;
57. (27) Omar Al-Busiery Mohamed, navigation engineer, member of the central committee of the Engineers' Union and General Secretary of its civil aviation branch;
58. (28) Hussein Al Gadir Shaglaban, electrical engineer at the CCE, General Secretary of the Engineers' Trade Union, CCE branch;
59. (29) Sid Ahmed Abdul Rahman, electrical engineer at the CCE, President of the Graduates of Technical Institute of Engineers Trade Union, CCE branch;
60. (30) Ali Abdalla Abbas, university lecturer and President of the Khartoum University Academic Staff Trade Union Association.
61. 385. According to the information received by the ICFTU, Ali Khalifa, technical director at the Sugar Industry Sector of the Ministry of Industry and General Secretary of the SPTTUF was dismissed from his post. He has since gone underground as he is wanted by the Sudanese security service. Hashim Mohamed Ahmed, former general manager of the Railways Company and President of the Sudanese Engineers' Trade Union has been placed under strict surveillance. El Sheik Kineish, a university lecturer and member of the administrative committee of the Doctors' Union, Faculty of Medicine Branch, Khartoum University, was arrested on 29 August 1989 and released on 7 September.
62. 386. In its letter of 18 October 1989, FIET expresses its concern at the fact that the military dictatorship which took power on 30 June 1989 has set up special military courts which circumvent the normal judicial process and are being used against trade unionists and the political opposition. FIET has been informed of the detention of Omer Ahmed El Amin, General Secretary of the Bank Officials' Trade Union (BOTU) which is affiliated to FIET. The entire executive committee of the BOTU Branch in Unity Bank, Omdurman was arrested on the accusation of circulating a statement issued by the Sudanese Employees' Trade Union Federation to which BOTU is affiliated. The statement calls for the defence of the rights of independent trade unions. The names of the detainees from the BOTU Branch in Unity Bank are Abdel Bagi El Hassan Mousa; Ali El Jarmak; Mohamed El Fatih Abdel Rahman; Mohamed Briema; Mamdouh Amin; and Esura El Kajam. According to the information received they are accused of having violated Emergency Law, article 96 under which the maximum penalty is the death sentence.

C. Further developments

1. 387. On 11 and 13 December 1989, respectively, the WFTU and the ICFTU telefaxed their concern at a decision taken on 10 December by the military revolutionary security tribunal sentencing to death the vice-chairman of the Doctors' Union, Dr. Mamoun Ahmed Hussein, and sentencing Dr. Said Abdallah to 15 years' imprisonment. These sentences were allegedly based on the recent strike called by the Doctors' Union; strikes are now punishable under a law (Decree No. 2, mentioned above) condemning strikers to the death penalty. The ICFTU adds that both these active unionists have been victimised and refused all appeal procedures against their sentences. The Director-General of the ILO immediately appealed to the Head of State for clemency in this matter.
2. 388. On 14 February 1990 the ICFTU stated that, since all appeal procedures have been completed, there is imminent danger that the death sentence imposed on Dr. Mamoun Ahmed Hussein will be carried out. The Director-General of the ILO once again immediately intervened asking that the life of this trade union leader be spared.

D. The Government's reply

1. 389. In its communication of 24 October 1989, the Government stresses that the suspension of the unions is purely for the sake of reorganising and reforming the whole State and society institutions. It points out that dialogue with the ex-trade union leaders has taken place and a number of Decrees passed. The list of Decrees - copies of which have been obtained by the Committee - is as follows:
   • (a) Decree No. 77 concerning the formation of preparatory committees for the workers' federation endorsing the former executive committees to resume functioning;
   • (b) Decree No. 78 concerning the formation of steering committees for the former unions;
   • (c) Decree No. 79 concerning the formation of preparatory committees for employers' and businessmen's federations, endorsing the former executive committees to resume functioning;
   • (d) Decree No. 80 concerning the formation of steering committees for the professionals', salaried employees', technicians' and teachers' federations.
2. 390. According to the Decrees, these committees are to participate in the economic, financial and cultural institutions related to the workers' organisations. Another basic function is participation in the preparation of the new Trade Union Laws.
3. 391. In relation to the WFTU's communication of 4 September 1989 regarding detainees, the Government states that:
   • - Mr. Mahgoub Sied Ahamed has been set free;
   • - Mr. Mohamed Babiker is not detained at all;
   • - Mr. Ali Al Khidir: there is no such name among the members of the Secondary School Teachers' Federation;
   • - Mr. Hassan Khalid is no longer a member of either the Union or the Federation;
   • - Messrs. Mahgoub Akasha and Tasig Hassan El Sheikh: according to the information provided by the Registrar-General of Labour Organisations, both names were not found among the members of the Engineers' Union.
4. 392. As for all the remaining names on the complainants' lists, the Government maintains that they were detained for political reasons having nothing to do with trade union activities.
5. 393. In its letter of 6 February 1990, the Government repeats that all unions were dissolved by decree for the re-shaping of the State's institutions, including its executive and supreme bodies. All the names of allegedly detained unionists have been investigated. Fifteen have been set free:
6. 1. Engineer Ayoub Akasha;
7. 2. Mohamed El Fatih A/Rahman;
8. 3. Mohamed Breima;
9. 4. Mamdouh Amin;
10. 5. Esurra El Kayam;
11. 6. A/Bagi El Hassan Musa;
12. 7. Ali El Jarmak;
13. 8. Engineer Salih El Kheir;
14. 9. Engineer Khalid Mohamed El Tayib;
15. 10. Ms. Mahasin Abdeen;
16. 11. Dr. A/Rahman Abu El Kull;
17. 12. Engineer Ali Khalifa;
18. 13. Dr. Saeed Abdalla;
19. 14. Yahya Ali Abdalla; and
20. 15. Siddig Yahya Mohamed, Deputy President and Deputy Secretary, respectively, of the Workers' Trade Union Federation.
    • It states that the others are no longer trade unionists.

E. The Committee's conclusions

1. 394. The Committee notes that these serious allegations relate to measures taken after the 30 June 1989 military coup. Although it appears that they affect all other sectors of the population as well as trade unions, the Committee observes that those special measures taken following the declaration of a state of emergency have had extremely serious repercussions on the exercise of trade union rights and civil liberties. Consequently, according to its usual practice the Committee must analyse the totality of the measures taken.
2. 395. The measures cover five aspects of freedom of association: (1) dissolution of all trade union organisations in the country by military decree; (2) imprisonment of a total of 57 union leaders and activists, apparently at present detained without charges and without trial; (3) confiscation of union assets and property by the military; (4) dismissal of a named union leader and "strict surveillance" of another; and, most recently (5) the death sentence passed by the military tribunal on Mr. Mamour Ahmed Hussein, Vice-Chairman of the Sudan Doctors' Union for having called a doctors' strike.
3. 396. At the outset the Committee expresses its deep concern at the deterioration of the human rights situation which is linked to the military coup of 30 June 1989 and is reflected particularly in the Decree promulgated on that date imposing the death penalty for strikers.
4. 397. The Committee recalls in this connection that Sudan, upon joining the ILO, undertook like all member States to respect the fundamental rights set out in the ILO's Constitution, including freedom of association and the basic principles of human rights which flow from this. Moreover, this Committee has, since its inception, stressed that a genuinely free and independent trade union movement can only develop where fundamental human rights are fully respected and guaranteed. It has also emphasised the importance to be attached to the principles enunciated in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, considering that their infringement can adversely affect the free exercise of trade union rights. (Digest of decisions and principles of the Freedom of Association Committee, third edition, 1985, paras. 68 and 71.)
5. 398. As regards the suspension of all unions by virtue of Decree No. 2 issued by Brigadier Ahmed Al-Bashir, Chairman of the National Salvation Revolutionary Council on 30 June 1989, the Committee notes that section 3 thereof states: "All trade unions set up under any law are to be dissolved (not "suspended" as stated by the Government) until an order for their re-establishment is passed." Section 6(a) proclaims that "A state of emergency is declared throughout Sudan" and section 6(c) enables the expropriation and seizure of lands, funds, goods, etc. "while preserving their owners' rights to compensation". Section 8(b) bans "any mass work stoppage, closure, any obstruction of public services, public or private production or the running of public life" and section 9 punishes offences under this Decree "by no less than one year and no more than ten years' imprisonment as well as the possibility of a fine"; if the offence is "by conspiracy or criminal league with others, it may be punishable by the death penalty".
6. 399. The Committee observes that the Government's justification of this ban is the reorganisation of the society as a whole. (The Decree itself makes no attempt to explain the reasons for its adoption.) It observes further that the Government refers to several recent decrees as proof of ongoing dialogue with the unions and supposedly as proof of the existence of unions.
7. 400. The Committee considers accordingly that a detailed examination of the recent decrees is warranted. Decree No. 77 of 28 September 1989 to set up "preparatory committees" for the Workers' Trade Union Federation states that the same persons who held office in the central and executive committees of the Federation and the trade unions before being dissolved should form these "preparatory committees" with a view to, inter alia, handling individual labour issues at the workplace; preparing the formation of workers' trade unions "according to the new laws and regulations"; having contact with counterpart international workers' organisations and participating in conferences through the official channels according to the regulations of the Ministries of Foreign Affairs and Labour; spending within their responsibility "from the frozen funds of the dissolved trade unions according to a fixed budget approved by the Registrar of Trade Unions"; and participating in the elaboration of the new Trade Unions Act. The Decree excludes from membership of the "preparatory committees" those who have been arrested for what the Government calls "non-trade union activities". Two similar Decrees, Nos. 78 and 80 of 28 September 1989, provide for "steering committees", respectively, for the peasants' unions (to be set up by the Registrar-General in consultation with the Chairman of the Political Committee of the National Salvation Revolutionary Council) and for unions of professionals, salaried employees, technicians and teachers; these "steering committees" are to be responsible for the creation of their respective unions according to new legislation. Decree No. 79 likewise provides for the setting up of "preparatory committees" made up of officials of the dissolved employers' associations.
8. 401. In the Committee's opinion, the Government's attempt to use these so-called "preparatory committees" or "steering committees" to fill the gaps left by its unilateral administrative dissolution of all trade union bodies, including federations, fails to redress the basic shortcomings that exist in Sudan under the new regime. The Committee has consistently held that workers' (and employers') organisations should not be subject to suspension or dissolution by administrative authority (Digest of decisions, para. 488) and that such dissolution constitutes a serious restriction of the rights of workers to elect their leaders in full freedom and to organise their administration and activities. In two similar past cases the Committee has stated its deep conviction (214th Report, Case No. 1097 (Poland), para. 745 and 170th Report, Case No. 763 (Uruguay), para. 13) that in no case does the solution to economic and social problems besetting a country lie in isolating trade union organisations and suspending their activities under emergency powers, nor do development needs justify maintaining the entire trade union movement of a country in an irregular legal situation. In both past cases the Committee stressed that only through the development of free and independent trade union organisations and negotiations with these organisations can a government tackle such problems and solve them in the best interests of the workers and the nation.
9. 402. The Committee accordingly deplores this dissolution and requests the Government to repeal Decree No. 2 of 30 June 1989 and the September 1989 Decrees. Since it appears that the 1987 Trade Unions Act has been repealed by a decree issued by the National Salvation Revolutionary Council, the Committee appeals to the Government to allow all the trade union organisations to exist and function - even in this legislative void - while efforts are made to normalise the situation. It requests the Government to inform it of any measures taken to re-establish the activities of existing trade union organisations. It also considers that, as has been done in the past, any draft trade union legislation that might be elaborated could with advantage be submitted, before adoption, to the International Labour Office for comments.
10. 403. As regards the imprisonment of a total of 57 named trade union activists and union leaders, the Committee notes the Government's initial statement that one (Mr. Mahgoub Siad Ahamed) has been released, that another (Mr. Mohamed Babiker has not been detained at all, and that four others have not been or are no longer members of the unions listed by the complainants. The Committee also notes that, according to the Government's first communication, the other persons listed by the complainants were "detained for political reasons having nothing to do with trade union activities". It further notes that a second government communication announces the release of 15 other named detainees, but repeats that "the other detainees are no longer trade unionists", without explaining why this is so (e.g. have they formally resigned from union membership?).
11. 404. The Committee notes that the Government merely restricts itself to a general denial of the anti-union nature of the detentions and that it supplies no details as to the reasons upon which they are based or as to the charges, if any, which have been laid against the detainees. The Committee draws the Government's attention to the fact that the detention of trade union leaders for activities connected with the exercise of their trade union rights is contrary to the principles of freedom of association and that the arrest of trade union leaders against whom no criminal charges are laid involves restrictions on the exercise of trade union rights (Digest of decisions, paras. 87 and 89). Moreover, the Committee stresses the importance it attaches to the principle that detainees - whether unionists, ex-unionists or common criminals - have access to both prompt and fair trials in all cases, irrespective of the reasons put forward by governments for prolonging the detention and, therefore, including cases in which unionists are charged with political or criminal offences which the government considers have no relation to their union functions (Digest of decisions, paras. 95 and 113).
12. 405. The Committee accordingly requests the Government to supply detailed information on the concrete facts and actual events on which all these detentions are based, on any charges which have been laid, as well as details as to the current places of detention, the courts before which the detainees are to be tried, progress in any trials already under way and copies of any judgements already delivered. All this information is necessary for the Committee to be able to consider in full knowledge of the facts whether the union activists and leaders listed in detail by the complainants are being held for political or for trade union reasons.
13. 406. Furthermore, in the interests of defusing the tension reigning in the country, the Committee appeals to the Government to allow the release from prison of all detainees who are awaiting trial on charges relating to their trade union activities. The Committee also expresses the hope that the detainees will be tried before the ordinary courts.
14. 407. Related to the above allegations is the most recent information which has reached the Committee concerning the death sentence passed on 10 December 1989 by the military revolutionary security tribunal on Dr. Mamoun Ahmed Hussein, Vice-Chairman of the Sudan Doctors' Union, for having called a doctors' strike. Not only has the Government remained silent before the various requests for clemency as regards this trade union leader's life, but it appears from indications given by one of the complainants that all appeal procedures have been refused. Another unionist, Dr. Said Abdallah, was sentenced on the same occasion for the same offence to 15 years' imprisonment and, likewise, his fate is unknown despite the Director-General's intervention.
15. 408. The Committee expresses its serious concern at the severity of the sentences handed down for having organised strike action, especially since it is unclear whether the normal standards of a fair, impartial and independent trial were respected by the extraordinary tribunal which delivered the judgements. The Committee recalls that recourse to strike action is one of the essential means of action that should be available to workers and their organisations to further and defend their economic and social interests (Digest of decisions, para. 363); consequently severe penalties for organising or participating in a strike constitute a serious infringement of trade union rights. It adds, as it has in numerous past cases, that detained trade unionists, like anyone else, should benefit from normal judicial proceedings and have the right to due process, in particular, the right to be informed of the charges brought against them, the right to have adequate time and facilities for the preparation of their defence and to communicate freely with counsel of their own choosing and the right to a prompt trial by an impartial and independent judicial authority. The absence of guarantees of due process of law may lead to abuses and result in trade union officials being penalised by decisions that are groundless. It may also create a climate of insecurity and fear which may affect the exercise of trade union rights. (Digest of decisions, paras. 110 and 111.)
16. 409. The Committee appeals to the Government to spare the life of Dr. Hussein and to allow him and Dr. Abdallah to have access to the normal judicial appeal bodies and to keep the Committee informed of their situation and legal status.
17. 410. As regards the confiscation of union assets and property by virtue of military Decree No. 2, the text of which has been supplied by the complainants, the Committee regrets that the Government's reply is silent on this point. In the circumstances, the Committee can only draw the Government's attention to the principle expressed in the resolution adopted by the International Labour Conference at its 54th (1970) Session concerning trade union rights and their relation to civil liberties, namely that the right to adequate protection of trade union property is one of those civil liberties which are essential for the normal exercise of trade union rights. The Committee accordingly requests the Government to restore to its rightful owners the property confiscated from the unions and handed over - apparently by virtue of section 6(c) of Decree No. 2 of 30 June 1989 - to the Registrar-General in early July 1989.
18. 411. Lastly, the Committee notes that the Government makes no comment on the alleged dismissal of a named union leader and the "strict surveillance" of another. Once again, in such circumstances where the Committee is appraised of only the complainants' version of the facts it cannot but draw the Government's attention to the general principle that no person should be prejudiced in his or her employment by reason of his or her trade union membership or legitimate trade union activities. (Digest of decisions, para. 538.) The Committee requests the Government to ensure respect for Article 1 of Convention No. 98, which it has ratified, and which calls on ratifying States to ensure that adequate protection of workers exists against acts of anti-union discrimination in respect of their employment.

The Committee's recommendations

1. 412. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee expresses its deep concern at the seriousness of the allegations made by the complainants and at the deterioration of the human rights situation since the military coup of 30 June 1989 in Sudan.
   • (b) Regarding the dissolution of all trade union organisations by military decree, the Committee deplores this measure which affects all aspects of trade union life, and requests the Government to repeal the various decrees in question; noting that new trade union legislation is to be elaborated, it requests the Government to inform it of any measures taken to re-establish the activities of existing trade union organisations and suggests that any draft trade union legislation that might be drawn up subsequently could with advantage be submitted to the International Labour Office for comments.
   • (c) Regarding the detention of 57 named union leaders and members since the commencement of the state of emergency, the Committee notes that 15 named individuals are at liberty. However, it draws the Government's attention to the fact that the detention of trade unionists and trade union leaders for reasons connected with their activities to defend the interests of workers is contrary to the principles of freedom of association and it requests the Government to supply detailed information on the exact reasons for the remaining detentions, on any charges which have been laid, the places where the detainees are being held, the courts before which they are to be tried, progress in any trials already under way and copies of any judgements already delivered.
   • (d) Regarding the sentences imposed for strike activities carried out by Doctors Mamoun Ahmed Hussein and Said Abdallah, the Committee recalls that recourse to strike action is one of the essential means that workers and their organisations must have to promote and defend their economic and social interests and that severe penalties for organising or participating in a strike constitutes a serious infringement of trade union rights. The Committee appeals to the Government to spare the life of Dr. Hussein and to allow him and Dr. Abdallah to have access to the normal judicial appeal bodies; it also requests the Government to keep the Committee informed of their situation and legal status.
   • (e) As regards the confiscation of union assets and property, the Committee regrets the lack of comment from the Government and requests it to restore to its rightful owners the property confiscated by the military and handed over to the Registrar-General in early July 1989.
   • (f) Regarding the two named union members alleged to have been, respectively, dismissed and subjected to strict surveillance, the Committee recalls the importance of adequate protection of workers against any acts of anti-union discrimination in respect of employment.