Informe provisional - Informe núm. 277, Marzo 1991

Caso núm. 1508 (Sudán) - Fecha de presentación de la queja:: 18-AGO-89 - Cerrado

1. 335. The Committee examined this case at its February 1990 meeting and presented interim conclusions on the alleged violations of freedom of association which the Governing Body approved at its 245th Session (February-March 1990) (270th Report, paras. 369-412). At its May 1990 meeting, the Committee noted certain information supplied on one aspect of this case with satisfaction, and requested the Government to reply to the pending requests for action and information listed in its 270th Report, paragraph 412, as well as to the new allegations transmitted by one of the complainants, the International Confederation of Free Trade Unions (ICFTU). (See 272nd Report, para. 11, approved by the Governing Body at its 246th Session (May-June 1990).) At its November 1990 meeting, the Committee addressed an urgent appeal to the Government for its comments on the issues pending in this case (see 275th Report, para. 9, approved by the Governing Body at its 248th Session (November 1990)).
2. 336. By a communication dated 25 October 1990, the World Federation of Trade Unions (WFTU) sent further allegations relating to this case. By a communication of 31 January 1991 the ICFTU also sent new allegations on this case.
3. 337. The Government supplied its further comments on this case in a communication dated 6 November 1990.
4. 338. 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. Previous examination of the case

1. 339. This case involves serious allegations concerning measures taken by the Sudanese authorities after the military coup of 30 June 1989. The complainants alleged five main infringements of freedom of association: (1) dissolution of all trade union organisations in the country by military decree; (2) imprisonment of a total of 57 named union leaders and activists, apparently without charges and without trial; (3) confiscation of union assets and property by the military; (4) dismissal and surveillance of named union leaders; and (5) heavy sentences imposed by military tribunals - including the death sentence - on named union leaders.
2. 340. In its various replies the Government explained that it was reorganising society as a whole and it denied any anti-union bias behind the various decrees and measures it had taken. It made no comment on allegations (3) and (4) listed above.
3. 341. The Governing Body, on the basis of the Committee's conclusions, approved the following interim 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."
4. 342. At its May-June 1990 Session, the Governing Body approved the Committee's comments on this case which reflected certain information received from the Government according to which the death sentence and the life imprisonment sentence imposed on two doctors' union leaders, respectively, had been lifted. The persons had, by virtue of Presidential Decree, been released immediately from custody.

B. Further allegations from the complainants

1. 343. In a letter dated 7 May 1990, the ICFTU alleged that Dr. Ali Fadl, a prominent member of the Sudan Doctors' Union, has died in prison as a result of torture. He had apparently been detained since March 1990 for the same reasons as other doctors, namely, participation in union activities.
2. 344. In a letter dated 25 October 1990, the WFTU alleged the continuing existence of the administrative decrees which dissolved all unions and the ongoing arrests of unionists. It supplied the names of seven unionists who were still in prison as of the middle of October: Al Hag OSMAN, General Secretary of the General Union of Workers in Local Government and executive member of the General Federation of Sudanese Workers' Unions; Yahia Ali ABDALLA, President of the Stock and Stores Workers' Union and Vice-President of the General Federation; Mohamed Ali AL SIMIET, President of the Railway Workers' Union; Mohamed AL HASSAN, former President of the same union; Al Aidarous HAMAD, member of the executive committee of the same union; Gibril AWAD, member of the executive committee of the Textile Workers' Union; and Manalla ABDALLA, member of the executive committee of the same union.
3. 345. According to the WFTU, these unionists and others still in detention without charges are subjected to torture and extremely poor conditions; they are deprived of any medical care and the lives of some of them are in great danger.
4. 346. In a letter of 31 January 1991 the ICFTU alleges the recent kidnapping and subsequent disappearance of Mr. Mohamed Faig, engineer and trade unionist. It appears that members of the security forces took him to a detention centre well known for its torture and he has not been heard of since.

C. The Government's reply

1. 347. In a letter dated 6 November 1990, the Government repeats that the dissolution of all unions was only for the sake of reorganising and reforming the whole State and social institutions. Workers' and employers' organisations have fully resumed their activities, the newly formed unions being in fact the same old unions functioning as preparatory and steering committees. They are active in settling disputes and participate in both national, regional and international conferences. For example, at the national level, the Government states that all unions participated in the Trade Union Dialogue held in Khartoum. One of the recommendations adopted by this conference was the revision of all existing labour laws. A tripartite committee will soon be formed after consultation with the social partners to adopt a draft of the Trade Union Law, a copy of which will be forwarded to the ILO once the legal and legislative procedures have been completed.
2. 348. Regarding the detention of 57 named trade union leaders, the Government states that all detainees have been released and that the principles of freedom of association are fully respected by the Government.
3. 349. Regarding the confiscation of union assets, the Government states that all property was returned to its owners by virtue of Decree No. 10 issued by the Head of the Political Committee on 27 September 1989. Nearly 3,000 orders were made by the Registrar returning property to owners in the General Union and the other unions.

D. The Committee's conclusions

1. 350. Firstly, the Committee notes that, according to the Government's reply of 6 November 1990, all detained unionists have been released. It would, however, request the Government to clarify the current situation of the released persons since it is not clear whether they have been released on bail pending trial, or whether they have been tried and acquitted, or whether they have been pardoned, or whether they had been held to assist the authorities with inquiries and have been released for lack of a prima facie case on which charges could be brought against them. At the same time, the Committee would request the Government to indicate if those previously detained unionists have been able in practice to resume their union functions and freely carry out their union activities, for example collective bargaining, union training courses, etc.
2. 351. It also notes that, according to the Government, all confiscated union property has been returned to its rightful owners. It requests the Government to send a copy of Decree No. 10 of 27 September 1989 which is referred to in its reply.
3. 352. Secondly, the Committee notes the Government's indications that the newly formed unions are in fact the old unions functioning as preparatory and steering committees. It expresses its serious concern at the fact that the decrees dissolving all trade unions in the country remain in force, thus effectively stifling any attempt to set up workers' or employers' organisations independent of the current structure. The Committee consequently draws the Government's attention once again to the principle of freedom of association that workers and employers should be free to form and join organisations of their own choosing without government interference. The Committee recalls that in its previous examination of this case (270th Report, paras. 400-402), it considered that the Government's attempt to use these "preparatory committees" and "steering committees" to fill the gaps left by its unilateral administrative dissolution of all trade union bodies fails to redress the basic shortcomings that exist in the country under the new regime. It stresses, as it did in its previous examination of this case, that workers' and employers' organisations should not be subject to administrative dissolution.
4. 353. The Committee recalls that the four decrees in question (Nos. 77, 78, 79 and 80) create preparatory or steering committees for workers and employers with a view to preparing for new trade union or employer organisations under new laws to be elaborated. From the texts it is clear that these so-called preparatory or steering committees were only meant to be temporary. Since the Government states in its most recent communication that moves are under way to elaborate and adopt a draft new trade union law, the Committee suggests that the Government submit the draft to the ILO for its comments prior to its adoption. It requests the Government in any case to confirm that the new labour legislation will repeal the above-mentioned decrees once it comes into force.
5. 354. Thirdly, the Committee regrets that the Government has not replied to the subsequent allegations transmitted by the ICFTU and the WFTU in May and October 1990, and most recently in January 1991. These allegations are of an extremely serious nature, referring to the death by torture of an imprisoned union leader, the further arrest and detention in poor conditions of seven named union leaders and the kidnapping and disappearance of the unionist engineer, Mr. Mohamed Faig.
6. 355. In this connection the Committee would recall that in past cases of alleged torture or ill-treatment while in detention, it has stressed that governments should carry out inquiries into complaints of this kind so that appropriate measures, including compensation for damages suffered and sanctioning of those responsible, are taken to ensure that no detainee is subjected to such treatment. The Committee requests the Government to send a detailed reply to these recent allegations as soon as possible.

The Committee's recommendations

1. 356. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee notes that, according to the Government, all detainees have been released; it would, however, request the Government to supply precise information on the current situation of these released trade unionists, including information on whether they have been able in practice to resume their union functions and freely carry out their union activities.
   • (b) The Committee also notes that all confiscated union property has, according to the Government, been returned to its rightful owners by virtue of Decree No. 10 of 27 September 1989 and it requests the Government to supply a copy of this Decree.
   • (c) Since the Government is in the process of elaborating a draft trade union law and envisages consultations with the social partners on the text which should repeal the various decrees currently in force dissolving all occupational associations, the Committee suggests that the Government submit the the draft to the ILO for its comments prior to its adoption.
   • (d) The Committee regrets that the Government has not replied to the most recent allegations submitted in May and October 1990, respectively, and which are of an extremely serious nature; it requests the Government to send a detailed reply as soon as possible on the alleged death under torture of a named trade union leader, on the alleged continued detention of seven named union leaders in extremely poor conditions, and on the alleged kidnapping and disappearance of Mr. Mohamed Faig.