Rapport intérimaire - Rapport No. 131, 1972

Cas no 677 (Soudan) - Date de la plainte: 28-JUIL.-71 - Clos

1. 156. The complaint by the World Federation of Trade Unions (WFTU) is contained in a telegram dated 28 July 1971, supplemented by three communications, dated 9 August 1971, 31 August 1971 and 24 April 1972. The World Federation of Teachers' Unions lodged its complaint in a communication dated 4 August 1971.
2. 157. All these communications were transmitted to the Government on receipt, and the Government submitted its observations on the first three communications by the WFTU and on the communication by the World Federation of Teachers' Unions on 13 April 1972; it has not as yet submitted any observations on the supplementary information provided by the WFTU on 24 April 1972.
3. 158. The Sudan has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); on the other hand, it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations concerning the Execution and Imprisonment of Trade Union Leaders
  159. 159 The complainants allege, firstly, that Mr. Shafie Ahmed el Sheikh, Secretary-General of the Sudanese General Federation of Workers' Trade Unions and Vice-President of the WFTU, was executed on 26 July 1971, after being sentenced by a military tribunal.
  160. 160 The complainants also allege that a very large number of trade union leaders have been arrested and imprisoned. In its communication dated 4 August 1971, the World Federation of Teachers' Unions gives the names of five leaders who have been arrested, and states that all but three of the 32 members of the Executive Committee of the Sudanese Federation of Teachers' Trade Unions have also been arrested. In its communication dated 9 August 1971, the WFTU quotes the names of three leaders who have been arrested and it mentions one hundred names in its communication of 24 April 1972. In its communication dated 31 August 1971, the WFTU states that the Government has decided to bring six trade union leaders before a military tribunal, including Mr. Hassan Gasmel Sayed, Secretary-General of the Sudanese General Federation of Employees and deputy member of the General Council of the WFTU, and expresses its apprehension that these persons will suffer the same fate as Mr. Shafie Ahmed el Sheikh.
  161. 161 In its observations dated 13 April 1972, the Government states that only one trade union leader has been tried and sentenced to death. The Government maintains that the reasons for the action taken are attributable to his having actively participated in an attempt to overthrow the Government by force and are consequently unrelated to his trade union activities.
  162. 162 The Government goes on to state that it is for the same reason, namely participation in an attempt to overthrow the Government by force, that the other trade union leaders are in prison under preventive detention, in their capacity as members of the Sudan Communist Party, which organised the attempt.
  163. 163 In a number of cases where the complainants alleged that trade union leaders or workers had been arrested or sentenced on account of their trade union activities and the governments' replies amounted to general denials of the allegations or were simply to the effect that the arrests had been made for subversive activities, or for reasons of internal security or for crimes under ordinary law, the Committee followed the rule that the governments concerned should be requested to submit information, which should be as precise as possible, concerning the alleged measures, and in particular concerning the judicial proceedings taken, and to supply the text of the sentences pronounced, together with the statement of the reasons.
  164. 164 Furthermore, in cases involving the arrest, detention or sentencing of a trade union official, the Committee, taking the view that individuals have the right to be presumed innocent until found guilty, has considered that it was incumbent upon the government to show that the measures it had taken were in no way occasioned by the trade union activities of the individual concerned.
  165. 165 Consequently, in accordance with its current practice in such cases, the Committee recommends the Governing Body to request the Government to supply the text of the sentence under which Mr. Shafie Ahmed el Sheikh was executed, together with a statement of the reasons.
  166. 166 As regards the trade union leaders who, according to the statements made by the Government itself, are in preventive detention, the Committee recalls that, in such cases, considering that measures of preventive detention may involve a serious interference with the exercise of trade union rights, it has always emphasised the right of all detained persons to receive a fair trial at the earliest possible moment.
  167. 167 Consequently, and in the light of the considerations set forth in paragraphs 163 and 164 above, the Committee recommends the Governing Body to request the Government to indicate the present position with regard to all the trade unionists whom the complainants have mentioned by name and to state whether they have appeared before a national court and, if so, to supply the text of the sentences pronounced, together with a statement of the reasons.
• Allegations concerning the Dissolution of Trade Unions and the Reorganisation of the Trade Union Movement
  168. 168 The complainants allege that, by a decree dated 2 August 1971 the Revolutionary Council and the Government of the Sudan decided to dissolve the following federations and all their affiliated unions: the Sudanese General Federation of Workers' Trade Unions; the Sudanese General Federation of Employees; and the Sudanese General Federation of Teachers' Trade Unions.
  169. 169 In its reply, the Government states that the various unions and federations were dissolved with the consent of the Sudanese General Federation of Workers' Trade Unions and various other organisations concerned, including the Sudanese General Federation of Teachers' Trade Unions. The Government states that this was done in order to reorganise the trade unions under new legislation, dated 1 August 1971, the text of which it has supplied. It also states that, pending trade union elections, the executive committees of trade unions have been recognised as provisional committees. Elections are due to take place shortly and many trade unions have already been reorganised under the new Trade Unions Act.
  170. 170 As regards the allegation concerning the dissolution of trade union organisations, the Committee is obliged to point out, as it has done in other cases, that a measure of this kind taken by the executive branch of the government in virtue of a law giving it full powers or in exercise of legislative functions constitutes a violation of trade union rights, in so far as it does not ensure the rights of the defence, which normal judicial procedure alone can guarantee.
  171. 171 The Government has stated that the decision to dissolve the trade union organisations was taken to enable them to reorganise in accordance with the new Trade Unions Act. The Committee observes that this Act lays down, inter alia, that not more than one union of workers and one of employees may be set up in any sector, industry or occupation, and that there may not be more than one national federation of workers' unions and one national federation of employees' unions.
  172. 172 The Committee has already pointed out in various other cases that a situation in which a worker is denied any possibility of choice between different organisations, by reason of the fact that legislation permits the existence of only one organisation in the sector in which he carries on his occupation, is incompatible with the principles of freedom of association, since such legislation establishes a trade union monopoly which must be distinguished both from union security clauses and practices and from situations in which workers voluntarily form a single organisation.
  173. 173 The Committee notes that the WFTU, in its communication, dated 24 April 1972, submits further allegations and information regarding Sudanese trade union legislation and the measures adopted by the Government in connection with the reorganisation of the trade union movement.
  174. 174 Since the Government has not submitted its observations on this communication, the Committee recommends the Governing Body, while drawing attention to the principles set forth in paragraphs 170 and 172, to decide to postpone examination of this aspect of the case pending receipt of the Government's observations.

The Committee's recommendations

1. 175. In the circumstances, and with regard to the case as a whole, the Committee recommends the Governing Body:
   • a) as regards the allegations concerning the execution and imprisonment of trade union leaders:
   • (i) to request the Government to supply the text of the judgement under which Mr. Shafie Ahmed El Sheikh was executed, together with the grounds adduced therefor;
   • (ii) to request the Government to indicate the present position with regard to all the trade unionists whom the complainants have mentioned by name and to state whether they have appeared before a court and, if so, to supply the text of the judgements pronounced, together with grounds adduced therefor;
   • (b) as regards the allegations concerning the dissolution of trade unions and the reorganisation of the trade union movement, to draw the Government's attention to the principles set forth in paragraphs 170 and 172 and to decide to postpone examination of this aspect of the case pending receipt of the Government's observations;
   • (c) to take note of this interim report, it being understood that the Committee will submit a further report when it has received the Government's observations.