Rapport intérimaire - Rapport No. 208, Juin 1981

1. 263. The Committee has already examined this case, at its March 1980 Session, when it presented an interim report to the Governing Body. Since then, the complainant has supplied no new information. The Government, for its part, has sent its observations in a communication dated 13 April 1981.
2. 264. Sudan has not ratified the Freedom of Association and Protection of the Right to Organise Convention 1948 (No. 87), but it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 265. In its communication of August 1979, the WFTU stated that the Government was violating its international obligations by carrying out mass arrests of trade union leaders, thus exercising pressure on them and preventing them from continuing their activity as representatives of the workers.
2. 266. The complainant stated that those arbitrarily arrested include trade union leaders Gassem Amin, Saoudi Darraj, Mahjoub Sayed Ahmed, Ali E1 Mahi, Mokhtar Abdallah and Hassan Gassem El Sayed. It claimed to have reason to believe that the lives of these persons were in real danger. It stated that other trade unionists were also imprisoned.
3. 267. In its reply of February 1980, the Government stated that the arrests of the listed trade unionists had nothing to do with their trade union activities, but were due to political activities they undertook against the State away from the trade union sphere. It went on to state that some of them have been released from detention for human considerations and others will follow when the reasons for their detention are over. Lastly, it declared that it is always keen to give full consideration to trade unions and the basic freedoms and rights of all citizens.
4. 268. At its March 1980 Session, the Committee noted that some of the trade union leaders have been released and requested the Government to supply further information on the situation of the six detainees mentioned by the complainant.

B. Reply of the Government

1. 269. In its reply of 13 April 1981, the Government states that four of the arrested persons have already been released from detention, and that their arrests had nothing to do with their trade union activities, but were due to unlawful political activities they undertook against the State.

C. Conclusions of the Committee

1. 270. The Committee notes from the Government's communication that four of the arrested persons have been released from detention. However, the Committee regrets the lack of specificity in the Government's reply as regards the allegations, e.g. the reply neither indicates the names of the trade union leaders who have been released, nor if the ones which the complainant mentioned by name have been tried or sentenced.
2. 271. In this respect, the Committee would wish to recall the importance which it has attached to the principle of prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences which the Government considers have no relation to their trade union functions.,
3. 272. Hence, the Committee would ask once again the Government to supply it with relevant information relating to the present situation of each of the trade union leaders mentioned by the complainant.