Sudan
Sudan is ridden with conflict, political instability and violence. On 11 April 2019, President Omar al-Bashir was overthrown in a military coup, after a 30-year rule. Since 21 August, a Sovereign Council has been established with the aim of organising democratic elections in 2022. However, mass protests have continued frequently throughout Sudan. Alongside political developments, conflicts between armed groups have continued. This complex crisis has led to the internal displacement of more than 2 million Sudanese since 2010. Additionally, Sudan is host to over 1.1 million refugees, including over 821,000 refugees from South Sudan. It is estimated that 9.3 million Sudanese in need of humanitarian assistance.
The ITUC does not have an affiliate in Sudan.
Sudan ratified Convention No. 98 on the Right to Organise and Collective Bargaining in 1957 but has not ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948).
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
Anti-Union discrimination
The law prohibits anti-union discrimination.
Barriers to the establishment of organisations
- Prior authorisation or approval by authorities required for the establishment of a union
- Trade union organisations obtain legal personality by virtue of the law as from the date of their registration in accordance with the provisions of the Trade Unions Act 2010 (section 8).
- Power to refuse official registration on arbitrary, unjustified or ambiguous grounds
- The Public Registrar shall refuse registration of any trade union or federation in any of the following cases: (1) if the composition of the trade union is contrary to the provisions of the Trade Unions Act; (2) if the proposed name of the trade union resembles that of an already established trade union in a manner that leads to confusion; or (3) if there is an established trade union which adequately serves the same objectives as those which the proposed trade union aims to promote (section 33, Trade Unions Act). The Trade Unions Act sets out a number of requirements with regard to the composition of a trade union, including that women, wherever they are located, shall account for at least 25 per cent of any trade union structure established at any level (section 7; see also ss 9 and 12, Trade Unions Act). Also, it is not clear how the Public Registrar will determine whether an established trade union “adequately serves the same objectives as those which the proposed trade union aims to promote”.
- Sanctions imposed for organising or joining an organisation not officially recognised
- Any person contravening the provisions of the Trade Unions Act, including the provisions concerning the registration of trade unions, shall be liable to imprisonment for a period not exceeding six months or to a fine or both (section 36, Trade Unions Act 2010).
- Restrictions on trade unions’ right to establish branches, federation and confederation or to affiliate with national and international organisations
- The trade union structure is regulated by Chapter III of the Trade Unions Act 2010, which establishes the permissible trade union bodies at a national, regional, state and enterprise level. Further, any decision of a federation or trade union to affiliate with any local, regional or international federation must be based on a decision of its general assembly and the approval of the National Federation. The general registrar shall, after consultation with the National Federation, define the trade union he or she deems appropriate for the affiliation of any category of workers that is not listed in the classification included in the regulations (section 11, Trade Unions Act).
Restrictions on workers’ right to form and join organisations of their own choosing
- Single trade union system imposed by law and/or a system banning or limiting organising at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)
- The trade union structure is established by law, with a peak trade union organisation, and the trade unions or trade union bodies composing them, as well as any subsidiary bodies or any units belonging to those subsidiary bodies (sections 7-12, Trade Unions Act 2010). Further, the Public Registrar shall refuse to register a trade union or federation if there is an established trade union which adequately serves the same objectives as those which the proposed trade union aims to promote (section 33(c), Trade Unions Act 2010).
- Undue or excessive privileges granted to certain organisations (such as privileges going beyond that of priority in representation for such purposes as collective bargaining or consultation by governments, or for the purpose of nominating delegates to int
- The National Federation is established as the peak the trade union organisation by the Trade Unions Act 2010 (section 7). It is given the power to veto a decision by any federation or trade union to affiliate with any local, regional or international federation and advise the general registrar on which affiliations it considers appropriate (section 11) and to determine the beginning and end of the trade union cycle (section 14).
- Restrictions on workers’ right to join the trade union of their choosing imposed by law (i.e. obligation to join a trade union of a certain level e.g. enterprise, industry and/or sector, regional and /or territorial national)
- Section 9 of the Trade Unions Act prescribes that, at the enterprise level, workers shall form an electoral college in one of the following categories: employees, professionals, technicians or manual workers. Section 10 of the Trade Unions Act prohibits membership of more than one trade union organisation.
Restrictions on trade unions’ right to organise their administration
- Restrictions on the right to freely draw up their constitutions and rules
- Any amendment to the provisions of a statute of a trade union or federation must be adopted by the Public Registrar before becoming effective (section 32(3), Trade Unions Act).
- Restrictions on the right to elect representatives and self-administer in full freedom
- In addition to the requirement that it submit copies of the audited accounts to the Public Registrar as supplied to each regular meeting of the general assembly, the central committees of the trade unions and federations shall submit to the Public Registrar all the required statements of the organisation concerned on the date he or she determines. For the purpose of the Penal Code of 1991 or any other code that might replace it, the funds of the trade unions are deemed to be public and shall be subject to the control of the general assembly and the Public Registrar (sections 20(6) and 22, Trade Unions Act 2010).
- Restrictions on the right to freely organise activities and formulate programmes
- The activity of federations and trade unions shall be legitimate in regard to all means employed by them to realise the objectives for which they were established, including strikes, in accordance with the provisions of this Act and their statutes. The Trade Unions Act 2010 sets out the objectives of trade unions and federations as follows: (1) defending the rights of their members, representing their interests and improving their standard of living and social welfare and their representation in all matters concerning labour affairs; (2) upgrading the intellectual and technical skills of their members, raising their cultural, social and economic level, making adequate efforts to attain an increased level of productivity and improved performance, to defend national values and national integrity, to consolidate democracy and to realise balanced development in all parts of Sudan; and (3) undertaking to realise economic and social development, as well as establishing social justice and solidarity (sections 5 and 6, Trade Unions Act 2010).
- Administrative authorities’ power to unilaterally dissolve, suspend or de-register trade union organisations
- The Public Registrar may issue a decision dissolving a federation, trade union, trade union body or subsidiary body or trade union unit in any of the following cases: (1) if the federation, trade union, trade union body or subsidiary body or trade union unit is constituted in a manner contrary to the provisions of this Act or the regulations issued by virtue of this Act; (2) if the federation, trade union, trade union body or subsidiary body or trade union unit was established by means of fraud or false pretences; (3) if the federation, trade union, trade union body or subsidiary body or trade union unit does not in fact exist; (4) if the committee was established in a manner contrary to the provisions of this Act or the regulations issued by virtue of this Act or the statutes of the federation or trade union; (5) if the committee failed to implement the obligations for which the organisation was established; (f) if the committee has violated the provisions of this Act or those of any other Act concerning labour relations (section 35, Trade Unions Act).
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office
- Armed forces
- Members of the armed forces, the Sudan People’s Liberation Army, Joint Integrated Units are excluded from the scope of the Trade Unions Act (section 4).
- Police
- Members of the police and any other regular force are excluded from the scope of the Trade Unions Act (section 4).
- Other civil servants and public employees
- Members of the prison guard forces, judges of the national judiciary and legal advisers of the National Ministry of Justice are excluded from the scope of the Trade Unions Act (section 4).
- Export processing zone (EPZ) workers
- The Sudanese Government has advised the ILO's Committee of Experts on the Application of Conventions and Recommendations that workers employed in loading and unloading in the EPZs and in Port Sudan enjoy all trade union rights. However, it is not clear that other workers in EPZs are similarly protected.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is recognised by law but strictly regulated.
Barriers to the recognition of collective bargaining agents
- Absence of recourse to an independent body responsible for declaring whether an organisation may negotiate or not
- The Labour Code does not define the term “legitimate union”, or nominate an independent body to determine when a trade union meets the required standard.
Restrictions on the principle of free and voluntary bargaining
- Imposition of fixed and unreasonable procedural requirements (e.g. short time-limits for reaching an agreement)
- In a case of labour dispute, the two parties to the dispute shall, within a period not exceeding two weeks as from the date of notification of the subject of the dispute, enter into negotiations to settle the dispute amicably, provided that the period of negotiations does not exceed three weeks as from the date of its commencement. The period of negotiations may, after agreement between the two parties, be extended to two more weeks (section 105(1), 1997 Labour Code).
- Compulsory conciliation and / or binding arbitration procedure in the event of disputes during collective bargaining, other than in essential services
- Section 112 of the 1997 Labour Code provides for recourse to compulsory arbitration in the event that the parties do not achieve amicable settlement of disputes within three weeks from the date on which the competent authority receives notice of the dispute (sections 109 and 112, Labour Code).
- Authorities’ power to intervene in the preparation of collective agreements
- The competent authority or its representative may attend the negotiation of any labour dispute; however, they shall not be authorised to participate in the negotiations without the agreement of the two negotiating parties (section 105(2), 1997 Labour Code). Where neither of the two parties to a dispute submits an application for conciliation, the competent authority may order the referral of the dispute to conciliation without obtaining the authorisations of the two parties. The two parties shall abide themselves to respect this order (section 106(3), 1997 Labour Code).
Restrictions on the scope of application and legal effectiveness of concluded collective agreements
- Restrictions on the duration, scope of application or coverage of collective agreements
- The agreement shall specify the period of its validity provided that it does not exceed three years unless the agreement was related to the establishment of wages and hours of work, in which case it may be extended to a period not exceeding five years (section 111, 1997 Labour Code).
Undermining of the recourse to collective bargaining and his effectiveness
- Promotion of individual bargaining as opposed to collective bargaining
- The 1997 Labour Code expressly regulates individual employment contracts.
- Absence of appropriate mechanisms to encourage and promote machinery for collective bargaining
- Collective bargaining is considered only as a response to labour disputes. It is not promoted in the law as a mechanism for proactively establishing a constructive framework for industrial relations.
Limitations or ban on collective bargaining in certain sectors
- Armed forces
- The Labour Code does not apply to members of the armed forces (section 3).
- Police
- The Labour Code does not apply to members of the police (section 3).
- Other civil servants and public employees
- The Labour Code does not apply to members of the judiciary, consultants at the Ministry of Justice, members of the National Security System or employees of the Federal Government, the Governments of the districts, public bodies and undertakings, and public sector companies whose conditions of employment are governed by special laws and regulations with the exception of the provisions related to industrial relations and safety (section 3).
- Other categories
- The Labour Code does not apply to domestic servants as defined by the 1955 Domestic Servants Act; agricultural workers other than those employed in the operation, repair and maintenance of agricultural machinery, or in enterprises which process or market agricultural products such as cotton gins or dairy product factories, or in jobs related to the administration of agricultural projects including office work, accountancy, storage, gardening, and livestock husbandry; family members of the employer who live with him or her and who are completely or partially dependant on the employer for living; casual workers; or any category of persons who are excluded totally or partially from the provisions of this Code by Order of the Council of Ministers (section 3).
Right to strike
Right to strike
The right to strike is prohibited.
Barriers to lawful strike actions
- Compulsory recourse to arbitration, or to long and complex conciliation and mediation procedures prior to strike actions
- Where a dispute is not settled amicably within the period referred to under section 109, it shall be referred to an arbitration body for a decision without requesting the permission of the two parties to the dispute. The decision of the arbitration committee shall be final and may not be subject to appeal by any means of appeal (sections 112 and 120, Labour Code).
Limitations or ban on strikes in certain sectors
- Other limitations (e.g. in EPZs)
- The Labour Code does not apply to domestic servants as defined by the 1955 Domestic Servants Act; agricultural workers other than those employed in the operation, repair and maintenance of agricultural machinery, or in enterprises which process or market agricultural products such as cotton gins or dairy product factories, or in jobs related to the administration of agricultural projects including office work, accountancy, storage, gardening, and livestock husbandry; family members of the employer who live with him and who are completely or partially dependant on him for living; casual workers; or any category of persons who are excluded totally or partially from the provisions of this Code by Order of the Council of Ministers (section 3). Further, the Sudanese Government has advised the ILO's Committee of Experts on the Application of Conventions and Recommendations that workers employed in loading and unloading in the EPZs and in Port Sudan enjoy all trade union rights. However, it is not clear that other workers in EPZs are similarly protected.
In practice
Nearly 100 teachers were arrested in Sudan when two days of civil disobedience and strikes in protest at last month’s military coup began. A teachers’ union said security forces had used tear gas against its members outside the education ministry building for Khartoum state, where 87 were arrested and many were beaten.
One of the teachers at the protest, Khalfalla Mohamed, said lawyers had told him his colleagues had been taken to the military headquarters after prosecutors refused to release them on bail. “We just protested and suddenly the whole place filled with all sorts of security forces, firing tear gas and all,” he said. At least one, a headteacher, had her leg broken.
Unknown men in plain clothes arrested another five teachers in Neyala, the capital of South Darfur, according to an officer at the education ministry: “They arrested Gamal Margan, who is in charge of the education of the shepherds. They kidnapped him when he finished his prayers. The rest of them were arrested from their houses,” he said. Activists demanding the military exit politics announced a schedule of protests leading up to mass rallies on 13 November under the slogan: “No negotiation, no partnership, no compromise.”
On 8 November, military forces also stormed the Secondary Education Department in Karray in order to install a new, pro-military management.
In Sudan, the crackdown on independent trade unions and their leaders has continued unabated with the objective of placing such organisations under the control of the government.
At the end of 2020 and beginning of 2021, several trade union leaders were arbitrarily arrested and detained by the police: Dr. Osama Dawina Hamad Al-Nil, treasurer of the Federation of Trade Unions in North Kordofan State; Eng. Abdel-Baqi Nour Al-Daem Muhammad, member of the executive office of Sudan Workers’ Trade Union Federation (SWTUF); Hussam Eddin Suleiman, member of the Syndicate for the Ministry of Education; Muhammad Al-Makki Saleh, general secretary of the Education Syndicate in North Darfur; Osama Taha Al-Bashir, the deputy treasurer of the Gadaref State Workers’ Union; Al-Amin Ahmed Mohamed Tom, youth secretary of the Gedaref State Workers’ Union; and Alamuddin Yahya Farah, head of the Syndicate of the Ministry of Education.
Trade unionists have condemned the unlawful arrest and detention of Ms Halat Algamer Elnour, the head of the Syndicate of National Audit Camber of Sudan. Ms Elmour was arrested in Khartoum on 24 January 2021 by security forces and released on 28 January. She was accused of refusing to release trade union properties to the government following the unlawful dissolution of trade unions by the subcommittee of the Dismantling and Empowerment Committee of the Transitional Sovereignty Council of Sudan on 14 December 2019.
Unionists note with concern the continuous attacks on trade union freedoms under the current administration as evidenced by dissolutions, arrests, property confiscation and intimidation.
The leader of the Sudan Workers’ Trade Union Federation (SWTUF), Eng Yousid Ali Abdel Karim, and the president of the Sudanese Journalists Union (SJU), Mr Sadiq Ibrahim Ahmed, were directed to hand over union property in 2020.
In addition to the arrests of the aforementioned union representatives, many other trade unionists have been the victim of arrest and detention in Sudan. This includes the following persons:
Dr Osama Dawina Hamad Al-Nil, treasurer of the Federation of Trade Unions in North Kordofan State; Eng Abdel-Baqi Nour Al-Daem Muhammad, member of the executive office of SWTUF and member of the Secretary of the Secretariat for Economic Studies and Statistics in the same union; Hussam Eddin Suleiman, a member of the Syndicate for the Ministry of Education; and Muhammad Al-Makki Saleh, the general secretary of the Education Syndicate in North Darfur.
And in Gedaref State: Osama Taha Al-Bashir, the deputy treasurer of the Gadaref State Workers’ Union; Engineer Al-Amin Ahmed Mohamed Tom, the youth secretary of the Gedaref State Workers’ union; and Alamuddin Yahya Farah, the head of the Syndicate of the Ministry of Education.
In light of the arrests, unionists maintain that the unilateral dissolution of trade unions and the confiscation of union property is a violation of international labour standards.
The Sudanese authorities issued an arrest warrant for Al Sadig Al Rezegy, president of the Sudanese Journalists’ Union, on 16 August after Al Rezegy refused to hand over the property and assets of the SJU, which was disbanded by the authorities earlier this year. Among the charges against Al Rezegy, who is also president of the Federation of African Journalists, are claims that he continued to run the union and be active after it had been outlawed and that he attended meetings of the IFJ, FAJ and other international bodies representing the banned SJU.
Unions have condemned the arrest warrant and the attempts to seize the assets of the SJU and have called for the authorities to engage in an open dialogue with the SJU and IFJ.
On the night of 14 December 2019, the ruling Sovereignty Council issued a decree to dissolve all trade unions and professional associations in Sudan. Lieutenant General Yasser Al-Atta, a member of Sovereignty Council who heads the committee on fighting corruption – a committee created by the Sovereignty Council – announced the committee’s decision to seize all properties and assets of all trade unions and establish a committee to revise trade union laws and prepare for new elections of leaders of trade unions under these new laws.
It is reported that on 15 December 2019, heavily armed police and soldiers first raided the offices of the leaders of the Sudan Workers Trade Union Federation (SWTUF) and the Sudan Journalists Union (SJU) and barred the leaders from entering, and that their properties were seized and their bank accounts frozen. Other unions were later in the day attacked, their offices sealed and properties seized.
The decision to dissolve the trade unions of Sudan is an egregious violation of freedom of association and should be reversed swiftly. The attacks on trade unions jeopardise the transition to democratic rule that the masses of Sudan are striving for in the wake of the popular struggles that forced General Al Bashir out of office. The decision of the transitional Sudanese authorities to dissolve unions is high-handed and arbitrary and does not conform to existing laws on trade union existence in Sudan. The attack on trade unions violates the UN Charter on Human Rights and the African Charter on Human and Peoples’ Rights, both of which guarantee freedom of association. It is also a grave violation of ILO Convention 87 on freedom of association, which is a core convention that all member states of the ILO are duty-bound to respect.
Nyandeng Malek, the Governor of South Sudan’s Warrap State issued a decree suspending the workers’ trade union, after the latter opposed a decision to withhold one day’s salary from all state employees in order to raise money for the upcoming Greater Bahr el Ghazal sports tournament. According to the Constitution, the salary cut should have been discussed by the State Council of Ministers or the Assembly.
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. 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 and their whereabouts is difficult to obtain . Doctors went on strike during the year in frustration at repeated broken promises by the health ministry over pay and conditions. They were clearly expecting the worst: the former president of the Physicians Committee, Ahmad Al-Abwabi, urged security agencies not to attack doctors by arresting or beating them up as has happened in the past.
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.