Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 309, Marzo 1998

Caso núm. 1843 (Sudán) - Fecha de presentación de la queja:: 15-MAY-95 - Cerrado

Allegations: Violent deaths and arrest of trade unionists, government interference

1. 371. The Committee already examined the substance of this case at its March 1997 meeting, when it presented an interim report to the Governing Body (see 306th Report, paras. 601 to 618, approved by the Governing Body at its 268th Session (June 1997)). In the absence of the observations requested from the Government, the Committee, at its May-June 1997 meeting, decided to adjourn its examination of this case (see 307th Report, para. 5). At its November 1997 meeting, the Committee addressed an urgent appeal to the Government to send its observations (see 308th Report, para. 9).
2. 372. In a communication of 10 January 1998, the (legitimate) Federation of Workers' Trade Unions of Sudan (FSTS) presented new allegations concerning further violations of the trade union rights by the Government.
3. 373. The Government sent its observations in a communication dated 19 February 1998.
4. 374. Sudan has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); however, it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 375. The (legitimate) Federation of Workers' Trade Unions of Sudan (FSTS) presented allegations to the effect that a large number of trade unionists were dismissed following governmental administrative decisions. According to the FSTS, more than 95,000 workers lost their jobs following decisions from which there could be no appeal. Moreover, the FSTS alleged that many workers were the victims of torture or ill-treatment. Furthermore, the complainant claimed that the abrogation and replacement of the Trade Union Act of 1986 by the 1992 Act resulted, among other things, in the dissolution of trade unions in existence at that time, the legalization of government interference in trade union affairs, as well as the arrest and detention of trade union officials, often accompanied by acts of torture. Finally, the FSTS claimed that the appeal body, set up by Ministerial Order No. 723 for the re-examination of complaints by workers unfairly dismissed, was not impartial or objective.
2. 376. The Government, for its part, sent partial information where it merely indicated that the workers dismissed had lost their jobs following the reorganization or dismantling of enterprises operating at loss, or that their performance had been judged unsatisfactory. As for Ministerial Order No. 723, the Government claimed that 76 per cent of the applicants had been reinstated in their workplaces or received an increase in the compensation initially paid at the end of their employment. Finally, the Government claimed that since the law did not authorize it, no trade unionists were being detained in Sudan.
3. 377. At its June 1997 Session, in the light of the Committee's interim conclusions, the Governing Body approved the following recommendations:
   • (a) Deeply regretting that the Government has not furnished any precise information on the allegations of anti-union measures allegedly taken against workers whose names and identification details were transmitted by the complainant organization as well as on the trade union officials named by the latter, the Committee requests the Government: (a) to state the situation of the workers whose names appear in Appendices I and II of this report as well as that of the trade union officials whose names are given in Appendix III and to indicate whether these persons have benefited from the measures recommended by the appeal body; and (b) to indicate the action given to the recommendations by the appeal body in which it proposes, in cases of dismissal resulting from the reorganization or selling off of public enterprises, an increase in the compensation initially paid in respect of the said termination of employment.
   • (b) As regards the very serious allegations of arrest and detention of trade union members, the Committee urges the Government to take the necessary measures to guarantee that trade union members and officials are not subjected to measures of arbitrary arrest, detention and sentencing for exercising their trade union functions or activities in defence of their rights and interests.
   • (c) Recalling the importance that should be attached to the principle laid down in the International Covenant on Civil and Political Rights, according to which no one should be subjected to torture and insisting that all persons deprived of their liberty must be treated with humanity and with respect for the inherent dignity of the human person, the Committee requests the Government: (a) to open an inquiry in order to establish the precise circumstances in which Mr. Mohamed Babiki, Secretary-General of the Employees' General Trade Union, and engineer Yousif Hussain were allegedly tortured and the causes of the death of Mr. Abdel Moniem Suliman, member of the Executive Committee of the Teachers' Trade Union (who died in 1990), and Mr. Abdel Moniem Rahma, member of the Transport Employees' Trade Union, Wad Medani, Gezira (who died in 1995); and (b) to take the necessary steps for legal proceedings against the guilty parties and for the redress of the prejudice suffered. Furthermore, the Committee requests the Government to keep it informed in this respect.
   • (d) Noting the many and serious incompatibilities between the 1992 Trade Union Act and the principles of freedom of association, the Committee requests the Government to review its legislation and once again draws the attention of the Committee of Experts to the legislative aspects of this case as regards the application of Convention No. 98, ratified by Sudan. The Committee requests the Government to keep it informed in this respect.

B. The complainant's further allegations

1. 378. In its communication of 10 January 1998, the complainant states that in 1997, aggression against the leading trade unionists continued as they remained the targets for detention and torture. The FSTS cites, for example, the detentions of Osman Abdel Gadir, President of the Textile Trade Union in Medani city, Daoud Suliaman, Secretary of the Blue Nile Trade Union, and the trade unionist Ahmed Ali. Furthermore, the FSTS claimed that in 1997, the authorities continued mass dismissals of workers as well as continued interference such as practising forgery in the elections of trade unions.

C. The Government's further reply

1. 379. In its communication of 19 February 1998, the Government firstly states that, with respect to the situation of the trade unionists mentioned in Appendices I, II, and III of the Committee's previous report, some of the persons referred to in the said lists were away from the trade union movement for the last 20 years while others have voluntarily terminated their employment. The Government then states six names whom it claims fall into such categories.
2. 380. Concerning the dismissal of 95,000 trade unionists, the Government claims that since the workforce in the public sector does not exceed 600,000 workers, the number of dismissed workers referred to in the complaint is over-exaggerated. It goes on to explain that while many workers have lost their jobs due to economic adjustment programmes, this was done in conformity with the law and through tripartite committees.
3. 381. As for the arrest and detention of trade unionists, the Government reiterates that no arrest is undertaken based on practising trade union activities. Finally, regarding the serious incompatibilities between the 1992 Trade Union Act and the principles of freedom of association, the Government states that in order to keep pace with new developments, the general conference of Sudan Workers' Trade Union Federation convened in February 1997, and adopted a recommendation to enact a new Trade Union Act in which the observations of the ILO bodies and the view of their social partners would be given due consideration.

D. The Committee's conclusions

1. 382. The Committee recalls that this case refers to very serious allegations of violations of trade union rights in Sudan, and in particular measures of anti-union reprisals, including the arrest of trade unionists and acts of violence against them. In the light of the new allegations submitted by the FSTS, the Committee notes with deep concern that the Government has not taken any measures to implement the recommendations made by the Committee in its interim report.
2. 383. As regards the mass dismissal of trade unionists, the Committee deeply regrets that the Government has only provided very partial information on the situation of the workers whose names appeared in Appendices I, II and III of the interim report. Moreover, the Committee deplores that the Government has not specified what action has been given to the recommendations by the appeal body. In this regard, the Committee can only note with deep concern that according to the complainant organization, the authorities have continued to dismiss workers massively in 1997 in the light of their privatization policy. The Committee urges the Government to address these issues and to provide the information previously requested as a matter of urgency and to keep it informed of measures envisaged or taken in this regard.
3. 384. As regards the very serious allegations of arrest and detention of trade unionists, often accompanied by acts of torture, once again, the Committee can only note with grave concern that the Government does not provide any information in this respect, especially regarding the cases of Mr. Mohamed Babiki, Mr. Yousif Hussain, Mr. Abdel Moniem Suliman and Mr. Abdel Moniem Rahma. Furthermore, the Committee expresses its deep concern regarding the new allegations with respect to the detention and torture of Mr. Osman Abdel Gadir, Mr. Daoud Suliaman and Mr. Ahmed Ali. The Committee stresses the fact that the rights of workers' organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected. The Committee recalls that in cases of alleged torture or ill-treatment while in detention, 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. (See Digest of decisions and principles of the Freedom of Association Committee, 4th edition, paras. 47 and 57.) Therefore, the Committee strongly urges the Government: (a) to open an inquiry in order to establish the exact circumstances in which Mr. Mohamed Babiki, Secretary-General of the Employees' General Trade Union, and engineer Yousif Hussain were tortured, the reasons why Mr. Osman Abdel Gadir, President of the Textile Trade Union in Medani city, Daoud Suliaman, Secretary of the Blue Nile Trade Union and trade unionist Ahmed Ali are being detained, and the exact circumstances in which they were tortured, as well as to open an inquiry on the causes of the death of Mr. Abdel Moniem Suliman, member of the Executive Committee of the Teachers' Trade Union (who died in 1990), and Mr. Abdel Moniem Rahma, member of the Transport Employees' Trade Union (who died in 1995); and (b) to take the necessary steps for legal proceedings against those responsible and the redress of the prejudice suffered. The Committee insists that the Government provide information in this respect as soon as possible and to keep it informed in this respect.
4. 385. Finally, referring to its previous conclusions on this case, and in the light of new allegations of interference by the Government in trade union affairs, the Committee, while taking due note of the Government's indication that the Sudan Workers' Trade Union Federation adopted in February 1997 a recommendation to enact a new Trade Union Act, still points out to the many and serious incompatibilities between the 1992 Trade Union Act and the principles of freedom of association and therefore requests the Government to review its legislation as soon as possible and once again draws the attention of the Committee of Experts to the legislative aspects of this case as regards the application of Convention No. 98, ratified by Sudan.

The Committee's recommendations

• E. The Committee's recommendations
  386. 386 In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
       • (a) The Committee regrets that the Government has only responded partially to the serious allegations presented by the complainant, despite the fact that it was invited to provide more information on several occasions.
       • (b) Deeply regretting that the Government has only provided very partial information on the situation of the workers whose names appeared in Appendices I, II and III of the previous report, as well as not specifying what action has been given to the recommendations by the appeal body, the Committee, noting that the massive dismissals of workers has continued in 1997, urges the Government to address these issues and to provide the information previously requested as a matter of urgency and to keep it informed of measures envisaged or taken in this regard.
       • (c) As regards the very serious allegations of arrest and detention of trade unionists, often accompanied by acts of torture, the Committee urges the Government: (a) to open an inquiry in order to establish the exact circumstances in which Mr. Mohamed Babiki, Secretary-General of the Employees' General Trade Union, and engineer Yousif Hussain were tortured, the reasons why Mr. Osman Abdel Gadir, President of the Textile Trade Union in Medani city, Daoud Suliaman, Secretary of the Blue Nile Trade Union and trade unionist Ahmed Ali are being detained, and the exact circumstances in which they were tortured, as well as to open an inquiry on the causes of the death of Mr. Abdel Moniem Suliman, member of the Executive Committee of the Teachers' Trade Union (who died in 1990), and Mr. Abdel Moniem Rahma, member of the Transport Employees' Trade Union (who died in 1995); and (b) to take the necessary steps for legal proceedings against those responsible and the redress of the prejudice suffered. The Committee insists that the Government provide information in this respect as soon as possible and keep it informed in this respect.
       • (d) Finally, referring to its previous conclusions on this case, and in the light of new allegations of interference by the Government in trade union affairs, the Committee points out to the many and serious incompatibilities between the 1992 Trade Union Act and the principles of freedom of association, and therefore requests the Government to review its legislation as soon as possible and once again draws the attention of the Committee of Experts to the legislative aspects of this case as regards the application of Convention No. 98, ratified by Sudan. The Committee requests the Government to keep it informed in this respect.