Observación (CEACR) - Adopción: 1992, Publicación: 79ª reunión CIT (1992)

The Committee notes the Government's statement in its report that the country is now passing through a period of major political and constitutional changes.

It notes that a new state of emergency, extending that of 1987, was proclaimed in 1989; that the provisional Constitution of 1985 has been suspended; and that constitutional regulations are at present being applied pending the promulgation of the permanent Constitution.

Constitutional Decree No. 2 of 1989 inter alia declares all political parties dissolved, makes it unlawful to express opposition in any form, prohibits gatherings and strikes, places strict limits on freedom of movement and permits the arrest of any person suspected of endangering political or economic stability.

The Committee also notes that the Act of 1987 on workers' trade unions has been repealed.

1. Offences against the provisions of the Regulations to give effect to the state of emergency of 1989 are subject to the death penalty or to imprisonment for not more than 20 years. Under Chapter IX of the prison regulations, in so far as that legislation is still applicable, imprisonment imposes an obligation to work.

The Committee points out that, under the Convention, the nature and duration of the measures taken in an emergency, such as the suppression of fundamental freedoms and rights, if enforced by sanctions involving compulsory labour, should be strictly limited to what is strictly required in order to cope with real and immediate circumstances endangering the life, safety or health of the population.

The Committee expresses the hope that the Government will take the necessary measures to ensure that the provisions of the Convention and of Convention No. 29, which the Government has also ratified, are duly taken into account in the preparation of all constitutional or legislative provisions. The Committee hopes that the Government will take the necessary measures to ensure that penalties involving compulsory work as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system cannot be imposed, with particular reference to the expression of views by the press, political activities and the right of association and assembly.

The Committee asks the Government to supply full information on all penalties imposed pursuant to the provisions issued during the state of emergency; on all provisions adopted in matters within the scope of a Convention, with particular reference to the expression of views, political activities, and freedom of association and assembly; and on all measures taken or contemplated to ensure compliance with the Convention in this respect.

2. The Committee notes that Constitutional Decree No. 1 and the Acts in force at the time of suspension of the Constitution remain applicable. It also notes the Government's statement that a Trade Union Dialogue Congress has been held at Khartoum and has considered the question of revising all the laws.

The Committee asks the Government to supply information on the progress of the revision of the laws and to supply the new texts, especially the new labour laws, as soon as they are adopted.

3. In its previous comments, the Committee referred to the Industrial Relations Act of 1976. It noted that participation in strikes was punishable with imprisonment involving compulsory labour whenever the Ministry of Labour decided to submit the dispute to compulsory arbitration. The Committee noted that, under section 17 of the Act, the Minister might, without the consent of the parties to the dispute, whenever he deemed it necessary, refer the dispute to an arbitration tribunal whose award was final and without appeal.

The Committee takes due note of the Government's statement that the Minister is empowered, without the parties' consent, if he deems it necessary - and not if he deems it adequate, as the Committee said in its comment - to submit the dispute to an arbitral body. It also notes that, according to the Government, the term "necessary" covers essential services the interruption of which would endanger the safety and health of the population and there is consequently no conflict between the Article of the Convention and this provision of the Act.

According to the text of the Act itself, however, compulsory arbitration may be deemed "necessary" in a much wider range of circumstances.

The Committee asks the Government to supply the text of every measure taken to limit the system of compulsory arbitration strictly and explicitly to essential services.

The Committee notes further that Constitutional Decree No. 2 of 1989 imposes a prohibition on any strike save by special permission. It asks the Government to specify what authorities can issue such permission and by what procedure. In that connection it points out that, in its General Survey of 1979 on the Abolition of Forced Labour, it holds in paragraph 126 that such a suspension of the right to strike enforced by sanctions involving compulsory work is compatible with the Convention only in so far as it is necessary to cope with cases of force majeure in the strict sense of the term - namely when the existence of the population is endangered - provided that the duration of the prohibition is limited to the period of immediate necessity.

It hopes that the Government will take the necessary measures to ensure compliance with the Convention on this point.

The Committee is addressing a request directly to the Government on various other points.