Sudan: Violations of Trade Union Rights تقرير حول الحريات النقابية

From the International Confederation of Free Trade Unions

Annual Survey of Violations of Trade Union Rights 2002

http://www.icftu.org/survey2002.asp?language=EN

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Sudan: Annual Survey of Violations of Trade Union Rights (2002)

http://www.icftu.org/displaydocument.asp?Inde...91215626&Language=EN

There were no improvements. Sudanese legislation does not allow for any genuine trade union activity and none is tolerated outside the state-controlled SWTUF. The legitimate trade union has been forced underground and trade unionists live in fear.

The legislation

Background

After the 1989 coup, the democratic trade unions were dissolved and most of the union leaders were either sacked or arrested. The 1992 Trade Union Act established a trade union monopoly controlled by the government. Since then, strikes are outlawed and collective bargaining is nearly non-existent. Whenever a dispute arises, the Minister of Labour can refer the matter to compulsory arbitration. Salaries are set by a government-appointed and controlled body. According to the Legitimate Sudan Workers’ Trade Union Federation (SW(L)TUF), the national trade union centre in exile, trade unionists were the first victims of massive layoffs that occurred about ten years ago.

New Labour Code

The new labour code went into effect in December 2000. The new
Code continues to deny trade union freedoms and reinforces government control over trade unions. The SW(L)TUF lists the principal violations contained in the code as follows:

• The government defines the scope of unions’ activity, their organisational structures and alliances – all areas that they should be free to determine themselves.

• Article 5.5 says that the objectives of unions include “cooperation with the government bodies and community forces for the promotion of national independence and security, and the government’s international relations”. Violation of this provision will obstruct the registration of a union, according to Article 31a.

• Article 12 stipulates that unions shall have a five-year term . The second item of the same article says the “the General Federation in consultation with the General Registrar determines the start and end of the union’s term in accordance with a regulation to be issued by the General Registrar”. Again such decisions should be the sole responsibility of the union.

• Article 18 regards the funds of the union as public funds.

• Article 22 says that a decision on the full-time release of a unionist from his job “is to be taken by the General Registrar”.

• Article 27 states that the General Registrar is nominated by the President on the recommendation of the Justice Minister. This post should be neutral.

• The articles covering the powers and authorities of the General Registrar are deliberately confusing. Article 32a says “The General Registrar may abrogate the procedures of the elections in a union if he is convinced of their shortcomings. In this case he is empowered to order new elections.”

• Penalties for the infringement of the trade union law are not itemised, suggesting that a sentence of six months and/or a fine is applicable in all cases.


Rights in practice

The situation in Sudan is a matter of serious concern. Human rights
activists including trade unionists, and especially journalists have been the subject of harassment, intimidation, arbitrary arrest, detention and torture. Security officers usually act with impunity; while investigating cases, they are allowed to arrest and hold suspects and torture them with no reference to the judicial process. Trade unionists live under constant fear.

Events in 2001

Forced underground

The government continues to support and encourage the federation created in accordance with the 2000 Labour Code. The SW(L)TUF has resorted to clandestine work for the restoration of full trade union rights and freedoms.

Strike declared illegal

The government is intolerant of any genuine trade union activity decided freely by workers, even by members of the government-controlled union. In April the employees of the Islamic bank in Khartoum went on strike after salary negotiations with management broke down to protest against the dismissal of various employees, some of whom were trade union members, because of their union activities. The bank management declared the strike illegal and hired new employees to replace the striking workers.


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المجد لشعب السودان...المجد لأمة السودان