Sudan - 2011

Population:
Capital: Khartoum
There was no improvement in Sudan where no independent trade union activity is tolerated.

reported violations - 2011

Murders: none reported
Attempted Murders: none reported
Threats: none reported
Injuries: none reported
Arrests: none reported
Imprisonments: none reported
Dismissals: none reported
Documented violations - actual number of cases may be higher

Background

President Bashir won Sudan’s first multi-party elections in 24 years, marred by widespread vote rigging and intimidation. The Darfur conflict continued after attempts at a peace deal ultimately failed. In July, the International Criminal Court (ICC) issued a second arrest warrant for President Bashir - this time for charges of genocide. At the end of the year the country was preparing for the January 2011 referendum on independence for the South.

Trade union rights in law

The 2000 Labour Code essentially denies trade union freedoms. Furthermore, the 1992 Trade Union Act only allows one trade union federation, the state-controlled Sudan Workers Trade Union Federation (SWTUF), and independent unions are banned. The government regulates most aspects of the trade unions’ activities, including elections, their organisational structure and alliances, and the unions’ funds are controlled by the Auditor General.

Collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
is thwarted by the fact that salaries are set by a tripartite committee comprising members of the government, employers, and the SWTUF. Although labour disputes are adjudicated by the labour courts, the Minister of Labour can refer them to compulsory arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
. Legal strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action is practically impossible as all strikes must be approved by the government.

In practice

Dismal rights record: Sudan is a non-democratic, authoritarian country whose human and trade union rights record is a matter of serious concern. Trade unionists outside the pro-government trade unions live under constant fear and do not dare denounce inhumane work conditions. It appears that independent trade unionists are not able to participate in international trade union meetings for fear of reprisal when they return home. Accurate information about the numbers of trade unionists in prison is difficult to obtain and their whereabouts is unknown. Some tolerance is shown to trade unions within the official structures. The Sea Ports Trade Union has publicly opposed any plans to partially or fully privatise Port Sudan Harbour, as it could jeopardise workers jobs. Their position was supported by the official Sudan Workers’ Trade Union Federation (SWTUF).
SWTUF colludes in government surveillance of oil workers: In the oil-producing regions, police and secret service agents closely monitor workers’ activities in collusion with oil companies. These regions are designated “high security areas”, where the free movement of people has been effectively curtailed. The official Sudan Workers’ Trade Union Federation (SWTUF) is used as part of the government’s strategy to control workers in order to ensure a regular flow of oil. Part of the revenue from this oil has been ploughed back into financing the war efforts in the Darfur region. The SWTUF has consistently supported government denials that mass murder has taken place in Darfur, where workers have not even dared to approach the SWTUF for protection.
Export processing zones: There is one export processing zone export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. (EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. ) in Port Sudan which is exempt from labour laws. There is no freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework
for workers in the zones.
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