Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee takes note of the Government's report.

Article 1 of the Convention. The need to guarantee workers protection against acts of anti-union discrimination. The Committee notes that a new complaint from the Sudan Workers' Trade Unions' Federation alleging measures of anti-union reprisals, including new cases of detentions of trade unionists and acts of violence against them, has been examined by the Committee on Freedom of Association in March 1997 (see 306th Report, Case No. 1843).

The Committee had requested the Government to take steps to ensure that: (i) section 23 of the Trade Union Act of 1992 was amended so that all trade unionists, and not just officials, were protected against acts of anti-union discrimination; and (ii) this protection was not weakened by allowing an employer to carry out such acts with the agreement of the Registrar or a union which was not independent.

The Committee notes that according to the Government's report, the Committee's comments have been transmitted to the tripartite committee responsible for reviewing this Act. It expresses the firm hope that the Government will take the necessary measures as soon as possible to guarantee the protection of workers against acts of anti-union discrimination both in law and in practice by amending sections 23 and 24 of the Trade Union Act of 1992.

Article 4. The Committee recalls the importance that it attaches to the principles of voluntary negotiation contained in this Article and requests the Government to take measures so that section 16 of the Industrial Relations Act of 1976 is amended to limit the powers of the Minister to refer a collective dispute to compulsory arbitration to cases of disputes in the essential services in the strict sense of the term, namely those the interruption of which would endanger the life, personal safety and health of the whole or part of the population.

The Committee notes that its comments have been transmitted to the tripartite committee responsible for reviewing the legislation. It requests the Government to indicate any progress that has been made in these matters in its next report, and hopes that the review of its legislation will help in solving the problems raised by the Industrial Relations Act of 1976 which have been the subject of the Committee's previous comments.