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).
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).
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).
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).
- 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”.
- 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 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).
- Police
- Members of the police and any other regular force are excluded from the scope of the Trade Unions Act (section 4).
- 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 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).
- 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).
- 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).
- 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.
- 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).
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is recognised by law but strictly regulated.
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.
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).
- 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.
- Police
- The Labour Code does not apply to members of the police (section 3).
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).
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).
- 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).
- 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).
- 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).
- 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).
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.
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.