Effect given to the recommendations of the committee and the Governing Body - Report No 328, June 2002

Case No 1843 (Sudan) - Complaint date: 15-MAY-95 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 71. The Committee examined the substance of this case at its meetings in March 1997, March 1998 and November 1998 [see 306th Report, paras. 601-618, 309th Report, paras. 371-386 and 311th Report, paras. 81-84, respectively]. The Committee also drew the Governing Body’s attention to this case due to the seriousness and urgency of the issues raised [see 309th Report, para. 9], namely dismissals, arrest, detention, torture and death of trade unionists.
2. 72. When it last examined this case, the Committee had deplored the fact that the Government again provided only very partial information and insisted that the Government provide specific and detailed information on the situation of each of the workers listed in the appendices to the 306th Report, who were allegedly dismissed for carrying out union activities, were prevented from carrying out these activities by the authorities, or were subjected to anti-union measures. The Committee also requested the Government to forward copies of any written reasons or recommendations of the appeal board set up to re-examine the complaints of unfair dismissal [see 320th Report, paras. 76-82].
3. 73. In communications dated 14 January and 20 October 2001, the complainant organization alleged that the abusive dismissals of workers continued in Sudan (3,000 workers from the Bank of Khartoum were wrongfully dismissed in December 2000) and that the new Trade Union Act 2001 was merely an old version of the 1992 Trade Union Act which had been severely criticized by the free trade union organizations as well as by the ILO.
4. 74. In a communication dated 26 February 2002, the Government indicates that concerning the alleged abusive dismissal of 3,000 workers from the Bank of Sudan, the information provided by the complainant organization is not accurate. The Government explains that the Bank of Khartoum, in accordance with a declared policy of the Bank of Sudan, decided to retrench 749 jobs. This was done after lengthy negotiations between the Bank’s administration, the concerned trade union and the Workers’ Federation. During the negotiations, it was agreed to introduce a programme of voluntary retirement, in which the retired employee was given special benefits plus loans to start a productive business to compensate for the loss of his job. Accordingly, 500 workers applied for the voluntary retirement and were granted the agreed benefits.
5. 75. While taking note of this information, the Committee observes that these elements only reply to the complainant’s latest communications and that the Government has not provided any information on the workers listed in the appendices to the 306th Report. The Committee deeply deplores this fact and once again urges the Government to provide specific and detailed information on the situation of each of the said workers who were allegedly dismissed for carrying out union activities, were prevented from carrying out these activities by the authorities, or were subjected to anti-union measures. The Committee also once again requests the Government to forward copies of any written reasons or recommendations of the appeal board set up to re-examine the complaints of unfair dismissal.
6. 76. With respect to the allegations of arrest and detention of trade unionists, often accompanied by acts of torture, the Committee had urged the Government to open an inquiry into the precise circumstances in which Messrs. Abdel Moniem Suliman, Abdel Moniem Rahma, Mohamed Babiki, Yousif Hussain, Osman Abdel Gadir and Daoud Suliaman were detained, tortured or killed. The complainant in a communication of 23 March 2000 states that the detention of active trade unionists continues. Once again, deeply regretting that the Government does not appear to have opened an inquiry as requested, and has to date not addressed the specific and very serious allegations of detention and torture concerning Messrs. Osman Abdel Gadir and Daoud Suliaman, the Committee strongly urges the Government to open an inquiry to establish the precise circumstances in which the above-noted persons were detained, tortured or killed, to take the necessary steps for legal proceedings against those responsible, to punish the guilty parties and for the redress of the prejudice suffered. The Committee requests the Government to keep it informed in this regard.
7. 77. Finally, the Government states in its latest communication that the Trade Union Act 1992 was revised by a tripartite committee taking into consideration the observations made by the ILO. The new Trade Union Act 2001 was approved by the National Assembly and under this new Act, new elections took place for the trade unions and the Trade Union Federation in a democratic spirit.
8. 78. While taking note of this information, the Committee observes that none of the ILO’s supervisory bodies has received a copy of the new Trade Union Act 2001 and therefore requests the Government to provide the Office with a copy of the said Act in order to examine its conformity with the principles of freedom of association.