Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - South Sudan (Ratification: 2012)

Articles 1 and 3 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee had previously requested the Government to: (i) take the necessary measures to adopt the regulations provided for in Article 27 of the 2017 Labour Act establishing penalties that may be imposed by the Labour Court; (ii) inform about the creation and functioning of the Labour Inspectorate and the Labour Court; (iii) carry out programmes to inform workers of their trade union rights; and (iv) provide any available information on anti-union discrimination complaints lodged before the competent authorities. The Committee notes the Government’s indication that: (i) the functioning of the Labour Inspectorate is improving, despite the absence of the Labour Court; (ii) it is conducting regular labour inspections as stipulated in Article 27 of the Labour Act; (iii) it requires technical and financial support for establishing the Labour Court; (iv) it continues to work in a tripartite manner with the Employer Association of South Sudan and the South Sudan Workers Trade Union Federation; and (v) it has not received any complaint from its social partners. While taking due note on these elements, the Committee regrets that no information has been provided by the Government on the adoption of the regulations provided for in Article 27 of the Labour Act and on the realization on programmes to inform workers of their trade union rights. The Committee therefore reiterates its previous requests in this regard and invites the Government to avail itself of the ILO technical assistance in respect of establishing the Labour Court. It further requests the Government to provide information on the specific actions carried out by the Labour Inspectorate to ensure the application of Article 1 of the Convention.

Article 2. Protection against acts interference. The Committee had previously requested the Government to take the necessary measures to ensure that the Workers Trade Unions Act 2013 (WTUA) and the Labour Act explicitly prohibited intervention by both workers’ and employers’ organizations against each other and provide for dissuasive sanctions in this respect. The Committee regrets that the Government is yet to review the existing legislation to address the issue; the Committee also notes the Government’s indication that it requires technical and financial support in this regard. The Committee reiterates its previous request and recalls that the Government can avail itself of the ILO technical assistance in respect of reviewing and amending the WTUA and the Labour Act.

Article 4. Promotion of collective bargaining. The Committee recalls that had encouraged the Government to enter into dialogue with the social partners to supplement the existing provisions of the Labour Act on collective bargaining and to take, in this respect, full account of the need to ensure that: (i) the determination of the most representative union for the purpose of collective bargaining was carried out in accordance with a procedure that offered every guarantee of impartiality, by an independent body that enjoyed the confidence of the parties; and (ii) the right to collective bargaining could still be exercised by the existing workers’ organizations in the absence of a majority union. The Committee notes the Government’s assertion that it is operating in a tripartite manner with the social partners as stipulated in the Labour Act 2017 and its subsequent Regulations 2024, which address the principles stipulated by the Committee. The Committee requests the Government to provide the copy of the Regulations 2024, indicating the applicable provisions thereof.

Articles 4 and 6. Collective bargaining for civil servants not engaged in the administration of the State. The Committee had repeatedly requested the Government to take the necessary measures to ensure that national legislation guaranteed the rights provided for in the Convention to the civil servants not engaged in the administration of the State. While noting the Government’s indication that the Standing Committee of Labour of the national parliament is working on the matter, the Committee regrets that the Government has failed to provide substantive information in this regard. The Committee is therefore bound to once again reiterate its request.

Collective bargaining in practice. The Committee notes the Government’s indication that the fragile situation in the country has rendered it problematic to gather information on the existing collective agreements and that it intends to provide it in the next reporting cycle following national economic reforms. The Committee trusts that the Government will provide such information in the near future and requests it once again to also inform on the measures taken to promote collective bargaining in the different sectors of the economy, including in the oil sector and the informal economy.