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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Sudan (Ratification: 1957)

The Committee welcomes the first report submitted by the Government for the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), after its ratification by Sudan on 17 March 2021.

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 2 September 2025 concerning issues addressed in the present comment.

Rights enshrined in the Convention and civil liberties. The Committee notes the ITUC’s deep concern regarding both the state of civil liberties and trade union rights in the country amid the arrest of activists in a context of war between the rival military and militia factions, and the enduring effects of the declaration of illegality of all trade unions formed after the 2019 revolution. While acknowledging the complexity and the difficulty of the situation prevailing in the country owing to the existence of an armed conflict, the Committee once again urges the Government to refrain from any interference regarding the functioning of workers’ and employers’ organizations and to guarantee the necessary civil liberties so that they can freely exercise their activities, including through free and voluntary collective bargaining, without fear of retaliation or discrimination.The Committee refers to its comment under Convention No. 87 in this respect.

Article 4 of the Convention. Compulsory arbitration. The Committee previously requested the Government to ensure that the revised Labour Code only allows for compulsory arbitration in certain permitted circumstances and to amend as necessary section 112 of the Labour Code of 1997, which allows for compulsory arbitration generally. The Committee notes the Government’s reiteration that the Labour Code is still under development and in the process of being updated, as a result of which all outstanding issues will be addressed once the committee in charge of the review is reconstituted to begin its work, in consultation with social partners. As such, the Committee once again reiterates its hope that significant progress is made in the adoption of the new Labour Code, and requests the Government to ensure that compulsory arbitration is imposed only in case of: essential services in the strict sense of the term, disputes of public service involving public servants engaged in the administration of the State, a deadlock after protracted and fruitless negotiations, and in the event of an acute crisis. The Committee requests the Government to continue providing information on any developments made.

Trade union rights in export processing zones (EPZs). The Committee previously requested the Government to provide information on the application of trade union rights in EPZs and noted that one trade union was active in the sector. The Committee notes the Government’s indication that collective agreements have been concluded in the sector in 2021, 2022 and 2025, specifically for stevedores and dockers. Welcoming this information, the Committee requests the Government to provide copies of the said collective agreements and reiterates its request to provide copies of relevant labour inspection reports in this sector.

Collective bargaining in practice. The Committee notes that the Government indicates that several collective agreements have been concluded, including the most recent agreement in 2023 with the river transport authority, noting however the Government’s indication that it has not yet completed its tasks as requested due to the ongoing war in the country. The Committee further takes note of the Government’s indication that the Employers’ Union and Trade Union Federation are in ongoing meetings with state agencies on ways to resume the social dialogue mechanisms in compliance with the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and discussions on initiatives to reconstruct the institutions and infrastructure affected by the war which led to the displacement of workers. Taking due note of the information provided by the Government regarding the collective agreements concluded in the country and the processes of rebuilding the system with regard to workers, which was affected by the conflict, the Committee requests the Government to continue providing information on collective agreements concluded, along with a copy of the collective agreement concluded in 2023, and to provide any further information on progress made in respect of the resumption of social dialogue mechanisms.

Trade Unions Act. The Committee previously requested the Government to take the necessary measures to bring the Trade Unions Act of 2010 in conformity with the Convention and Convention No. 87. The Committee notes the Government’s indication that it set up a committee in 2022 to study the matter. The Committee also notes the ITUC’s reiteration of its concerns regarding the non-compliance of several provisions of the Act with the ILO Conventions. The Committee firmly expects that the Government will take into consideration and implement the Committee’s comments to ensure the full conformity of the Trade Unions Act with the Convention and Convention No. 87. The Committee further expects that the Government will fully consult the social partners during the revision of the Trade Unions Act. The Committee requests the Government to provide information about any progress in the revision of the Trade Unions Act, including through the activities of the Review Committee set up in 2022.