Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Sudan (Ratification: 1957)

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 17 September 2024. Recalling the outbreak of violence in the country in April 2023 between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) and the ongoing armed conflict, the ITUC expresses serious concern regarding the state of civil liberties and trade union freedoms in this context of acute crisis in which workers’ rights cannot be guaranteed and collective organizing has become impossible.

The Committee further recalls that a public announcement was made on 28 November 2022 by the Head of the Transitional Sovereignty Council, concerning the suspension of the activities of all workers’ and employers’ organizations and the formation of new steering committees for trade unions and employers’ organizations. While acknowledging the complexity and the difficulty of the situation prevailing in the country owing to the existence of an armed conflict, the Committee once again urges the Government to refrain from any interference regarding the functioning of workers’ and employers’ organizations and to guarantee the necessary civil liberties so that they can freely exercise their activities, including through free and voluntary collective bargaining, without fear of retaliation or discrimination. The Committee requests the Government to provide information on all measures taken in this respect.

Article 4 of the Convention. Compulsory arbitration. The Committee requested the Government to take the necessary measures to ensure that the revised Labour Code only allows the imposition of compulsory arbitration in limited situations compatible with the Convention. The Government indicates that the deliberations on the draft Labour Code have not been completed owing to the recent changes the country has faced. The Government reiterates that the revision of the Labour Code is currently being assessed by a consultative committee on labour standards, and indicates that all pending issues will be considered once the situation has improved and the Law Review Committee begins its work, in consultation with the social partners. The Committee hopes that the revised Labour Code will be adopted in the near future and will only allow the imposition of compulsory arbitration: (i) in essential services in the strict sense of the term; (ii) in case of disputes in the public service involving public servants engaged in the administration of the State; (iii) when, after protracted and fruitless negotiations, it becomes obvious that the deadlock will not be broken without some initiative by the authorities; and (iv) in the event of an acute crisis. The Committee requests the Government to provide information on any progress achieved in this regard.

Trade union rights in export processing zones (EPZs). The Committee requested the Government to provide specific information on the application of trade union rights in EPZs. The Committee notes the Government’s indication that one trade union is active in this sector. The Committee requests the Government to keep providing specific information in this respect, including on the number of collective agreements concluded and copies of the relevant labour inspection reports.

Collective bargaining in practice. The Committee requested the Government to provide statistical information on the number of collective agreements concluded in the country, the sectors concerned and the number of workers covered. The Committee notes the Government’s indication that the situation in the country does not allow it to gather the referred information. The Committee hopes that the Government will be soon in a position to provide the requested information.

Trade Unions Act. The Committee recalls that the Trade Unions Act, 2010, contains provisions which are not consistent with the principles of freedom of association (for instance, the imposition of trade union monopoly at federation level; the ban on joining more than one trade union; the need for approval from the national federation in order for federations or unions to join a local, regional or international federation; and interference in the finances of organizations). The Government indicates that owing to the situation of war, trade unions cannot carry out their functions optimally, and that the social partners are engaged in dialogue on resolving issues related to trade unions. The Committee further notes the Government’s indication that the Committee’s comments will be considered when the Act will be reviewed. Recalling the ratification of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) in 2021, the Committee once again urges the Government to take the necessary measures, in consultation with the social partners, to bring the Trade Unions Act into full conformity with Conventions Nos 87 and 98 so as to promote the full development and utilization of collective bargaining machinery. The Committee requests the Government to provide information on any progress made in this respect.