Effect given to the recommendations of the committee and the Governing Body - Report No 311, November 1998

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

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

1. 81. The Committee last examined this case concerning allegations of dismissals, arrest, detention, torture and death of trade unionists, at its March 1998 meeting (see 309th Report, paras. 371-386). The Committee, regretting that the Government had responded only partially to the serious allegations presented, requested the Government to provide it with further information. 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).
2. 82. In its communication of 15 October 1998, the Government informs the Committee that with respect to the recommendations of the appeal body established for the re-examination of complaints of unfair dismissal, the President issued decrees to the concerned ministries and institutions containing the names of the workers benefiting from the decision of the appeal body. The decree instructs them to take immediate action to reinstate the workers or improve their pensions according to the recommendations of each individual case. The Committee recalls that in its previous report, it expressed its deep regret that the Government had provided only very partial information on the situation of the workers whose names appeared in the appendices of the interim report on this case (see 306th Report, paras. 601-618). The Committee deplores the fact that the Government has again provided only very partial information and insists that the Government provide specific and detailed information on the situation of each of the workers noted in the appendices to the 306th Report. The Committee would also request the Government to forward copies of any written reasons or recommendations of the appeal board, as well as copies of the presidential decrees referred to above.
3. 83. Regarding the allegations of arrest and detention of trade unionists, often accompanied by acts of torture, the Government states that the Ministry of Manpower addressed a letter to the Sudanese Advisory Council for Human Rights in the Ministry of Justice to handle the case involving Messrs. Abdel Moniem Suliman, Abdel Moniem Rahma, Mohamed Babiki and Yousif Hussain. With respect to Messrs. Osman Abdel Gadir and Daoud Suliaman, the Government asserts that they led an illegal strike and had their employment terminated in conformity with the law. Concerning the allegations regarding Mr. Ahmed Ali, the Government states that since the name is an extremely common one, further information is required before it would be possible to investigate the allegations. On the last point, the Committee requests the complainant to forward to the Committee further information so that the person in question can be identified. With respect to Messrs. Osman Abdel Gadir and Daoud Suliaman, the Committee deeply regrets that the Government did not address the specific and very serious allegations of detention and torture. Furthermore, the Committee regrets that with respect to all of the persons named, the Government has not yet opened an inquiry. The Committee again urges the Government to open an inquiry to establish the precise circumstances in which the above-noted persons were detained, tortured or killed, and to take the necessary steps for legal proceedings against those responsible and the redress of the prejudice suffered.
4. 84. The Government, in reply to the Committee's final recommendation concerning the need to review the national legislation as soon as possible due to the many and serious incompatibilities with freedom of association principles, states that a tripartite committee has almost completed reviewing the Trade Union Act, 1992, taking into consideration the observations of the ILO supervisory bodies. The Government states further that on 30 June 1998, the President of the Republic signed the new Constitution of Sudan, article 26(1) of which provides that "citizens shall have the right of association and organization for cultural, social, economic, professional or trade union purposes without restriction, save in accordance with the law". The Committee takes note of this information, and requests the Government to inform it of the results of the tripartite committee's review, to forward copies of any report or recommendations of that committee, and to inform it of the steps to be taken and time frame foreseen for the implementation of any recommendations made.