Rapport intérimaire - Rapport No. 278, Juin 1991

1. 347. The Committee has already examined the substance of this case on two previous occasions, each time presenting interim conclusions to the Governing Body, the most recent of which were approved in February-March 1991. (See 277th Report, paras. 335-356.)
2. 348. The Government supplied its further comments on this case in a communication dated 14 March 1991.
3. 349. Sudan has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 350. This case involves serious allegations concerning measures taken by the military authorities after the military coup of 30 June 1989. The complainants originally raised the following infringements of freedom of association: dissolution by military decree of all trade union organisations in the country; imprisonment of a great number of trade union leaders and activists apparently without charges and without trial; confiscation of union assets and property by the military; dismissal and surveillance of named union leaders; and heavy sentences imposed by military tribunals - including the death sentence - on named trade union leaders. More recent allegations related to the death under torture of a named trade union leader, the continuing detention of several union leaders in extremely poor conditions and the kidnapping and disappearance of another trade union leader.
2. 351. In its replies, the Government announced: the lifting of the death sentence on and the release from custody of two doctor trade unionists following an appeal for clemency from the Committee; the release of all detained unionists; the return, by virtue of Decree No. 10 issued by the Head of the Political Committee on 27 September 1989 and the various orders made thereunder, of all trade union property; and the resumption of activities of newly formed unions which are, in the Government's own words, "the same old unions functioning as preparatory and steering committees". The Government also referred to a Trade Union Dialogue held in Khartoum which recommended the revision of all existing trade union laws.
3. 352. In February-March 1991, the Governing Body, on the basis of the Committee's conclusions, approved the following interim recommendations:
   • (a)The Committee notes that, according to the Government, all detainees have been released; it would, however, request the Government to supply precise information on the current situation of these released trade unionists, including information on whether they have been able in practice to resume their union functions and freely carry out their union activities.
   • (b)The Committee also notes that all confiscated union property has, according to the Government, been returned to its rightful owners by virtue of Decree No. 10 of 27 September 1989 and it requests the Government to supply a copy of this Decree.
   • (c)Since the Government is in the process of elaborating a draft trade union law and envisages consultations with the social partners on the text which should repeal the various decrees currently in force dissolving all occupational associations, the Committee suggests that the Government submit the draft to the ILO for its comments prior to its adoption.
   • (d)The Committee regrets that the Government has not replied to the most recent allegations submitted in May and October 1990, respectively, and which are of an extremely serious nature; it requests the Government to send a detailed reply as soon as possible on the alleged death under torture of a named trade union leader, on the alleged continued detention of seven named union leaders in extremely poor conditions, and on the alleged kidnapping and disappearance of Mr. Mohamed Faig.

B. The Government's reply

1. 353. In its communication dated 14 March 1990, the Government first points out that, while it is true that Dr. Ali Fadul died in prison, the legal anatomist found that it was a normal death.
2. 354. Secondly, the Government gives information on the following eight unionists, seven of whom are were alleged by the complainants to still be detained:
   • - Dr. Al Sheikh Kineish is free and has been allowed to travel on sabbatical leave; he is at present in the United Kingdom;
   • - Al Hag Osman is not, according to government records, a trade unionist;
   • - Yahia Ali Abdalla and Mohamed Ali Al Simiet are no longer trade unionists but have been released;
   • - Ali Aidarous Hamed and Gibril Awad were set free;
   • - Mohamed Al Hassan Abdalla has been released and is participating in trade union activities;
   • - Mannalla Abdalla is unknown to the Government as a trade unionist according to the records.
3. 355. In reply to the most recent allegations which remained outstanding at the Committee's last examination of this case, the Government states that Dr. Ahmed Osman Sirag was accused of participating in a coup d'état, admitted his guilt and is now in prison in good health, being well treated and visited regularly by this family.
4. 356. Lastly, the Government states that as regards the other detainees, namely the two lawyers Ali Ahmed Al-Sayid and Abdelrahim Al Fihail and an engineer Mr. Mohamed Faig, the allegations concerning them are not true. It adds that according to government records they are not trade unionists.

C. The Committee's conclusions

1. 357. The Committee deeply regrets that, concerning the extremely serious allegation that Dr. Ali Fadul died under torture while in detention, the Government merely states that his was a "normal death" without supplying copies of the post-mortem report or any other official documentation to support its version of his death. The ICFTU had described Dr. Fadul as a prominent member of the Sudan Doctors' Union, being detained since March 1990 for his participation in union activities. The Committee would recall that trade unionists, like all other persons, should have the right not to be arrested except in accordance with the ordinary criminal procedure and the right to enjoy the guarantees enunciated in the Universal Declaration of Human Rights, and the authorities should issue special instructions prescribing effective penalties to guarantee protection against all forms of ill-treatment and pressure during detention. (See Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 84.) In particular, the Committee repeats its conviction that governments should carry out thorough inquiries into complaints alleging ill-treatment of detainees, and asks in the present case that the results of any such specific inquiry be supplied to it along with a copy of the report of the legal anatomist referred to by the Government.
2. 358. With regard to the seven unionists alleged to be still in detention as of mid-October 1990 despite the release of many others (Messrs. Al Hag Osman, Y.A. Abdalla, Al Simiet, Al Hassan, Hamed, Awad and M. Abdalla, details of whom were given in the Committee's 277th Report, paragraph 344), the Committee takes note of the information supplied by the Government on them. It also notes that the Government gives some details on individuals who were not specifically named in its past examinations of this case as trade unionists (including Dr. Al Sheikh Kineish and Dr. Ahmed Osman Sirag and two lawyers named Ali Ahmed-Sayid and Abdelrahim Al Fihail) and that it denies that Mr. Mohamed Faig disappeared after being detained by security forces.
3. 359. It appears from the Government's information that those involved were either not trade unionists or, in any case, were released and are freely participating in trade union activities. The Committee, however, must ask the Government to supply more details on the whereabouts of Mr. Al Hag Osman, Mr. Mannalla Abdalla and Mr. Faig. The Government's simple statement that these persons are not trade unionists is not sufficient to enable the Committee to make an informed recommendation on this aspect of the case. The Committee also asks the complainant to provide any additional information which may be available in relation to these persons.
4. 360. The Committee regrets that the Government's reply does not contain a copy of Decree No. 10 of 27 September 1989 by virtue of which confiscated union property was said to have been returned to its rightful owners and which was asked for in it most recent examination of this case. (See the Committee's 277th Report, paras. 349, 351 and 356(b).) The Committee therefore repeats its request to the Government for a copy of this text, under which, claims the Government, nearly 3,000 orders were made for return of property.
5. 361. Lastly, the Committee notes that the Government's reply is silent as to developments in revision of the industrial relations legislation. It recalls that at its last examination of this case the Government referred to the future formation of a tripartite committee to adopt new trade union legislation which, in the Committee's opinion, should supersede the current Decrees (Nos. 2, 77, 78, 79 and 80 adopted following the military take-over in June 1989) dissolving all workers' and employers' organisations and replacing them by preparatory or steering committees.
6. 362. At its last examination of of this case, the Committee specifically asked the Government to confirm, even at this preliminary stage, that the new labour legislation envisaged would repeal the above-mentioned Decrees. Given the lack of information on this aspect of the case, the Committee can only repeat its request that the Government urgently adopt measures to amend its labour legislation and again suggests that the Government submit any draft to the ILO for its comments prior to adoption.