Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
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LRI 2024
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Sudan

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Sudan’s overall score is 50 out of 100. The overall score for Sudan is lower than the regional average observed across Sub-Saharan Africa (66). Within the Sub-Saharan Africa region, the highest score is observed for Côte d’Ivoire (84.5).

Sudan ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 2021 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1957.

Labour Rights Index 2024

50/100

LRI Country Score

0/100

Freedom of Association Indicator

30.41 %

Trade union density rate (%)

. %

Collective bargaining coverage rate (%)

6.86

SDG indicator 8.8.2

5+

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

No

0

§58, Constitution of Sudan 2019; §4, 7 & 10, Trade Unions Act 2010; CEACR, C98, Obs. 2023

B

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§3 of the Labour Code, 1997; §9 of the Trade Unions Act, 2010

A

Does the law provide for the right to strike?

No

0

§112 & 124 of the Labour Code, 1997; CEACR, C98, Obs. 2023; USDOS CRHRP 2023 (Sudan)

A,B,D

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§6 & 36 Trade Unions Act 2010; USDOS CRHRP 2023 (Sudan)

A,D

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §58, Constitution of Sudan 2019; §4, 7 & 10, Trade Unions Act 2010; CEACR, C98, Obs. 2023

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Trade Unions Act. The Committee had previously observed that various provisions of the Trade Unions Act of 2010 are not consistent with the principles of freedom of association (for example, the imposition of trade union monopoly at federation level; the ban on joining more than one trade union organization; the need for approval from the national federation in order for federations or unions to join a local, regional or international federation; and interference in the finances of organizations) and invited the Government to bring the Act into line with such principles. Regretting that the Government does not provide any information in this regard and highlighting the recent ratification of Convention No. 87, the Committee urges the Government to take the necessary measures, in full consultation with the social partners, to bring the Trade Unions Act of 2010 into conformity with the principles of freedom of association so as to promote the full development and utilization of collective bargaining machinery, in accordance with Article 4 of the Convention."

Information

Source: §3 of the Labour Code, 1997; §9 of the Trade Unions Act, 2010

A : National Law

National Labour Legislation

""3. The following categories of persons shall be excluded from the application of the provisions of this Code: (a) members of the judiciary; (b) consultants at the Ministry of Justice; (c) members of the Armed Forces and the Police; (d) members of the National Security System; (e) 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; (f) domestic servants as defined by the 1955 Domestic Servants Act; (g) 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; (h) family members of the employer who live with him and who are completely or partially dependant on him for living; (i) casual workers; (j) any category of persons who are excluded totally or partially from the provisions of this Code by Order of the Council of Ministers. ""

Information

Source: §112 & 124 of the Labour Code, 1997; CEACR, C98, Obs. 2023; USDOS CRHRP 2023 (Sudan)

A : National Law

National Labour Legislation

"Article (124) : Workers or employees are prohibited from stopping work in whole or in part, and the employer is prohibited from closing the workplace in whole or in part due to any labor dispute in the following cases: (a) before entering into negotiations, (b) immediately after submitting any request for conciliation by any party, (c) during the conciliation procedures, (d) immediately after the governor’s decision to refer the dispute to arbitration, (e) during the conciliation procedures, (f) after issuing or announcing the arbitration panel’s decisions The referral of the dispute to the arbitration body Art.112. 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. "

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Article 4 of the Convention. Compulsory arbitration. In its previous comments, the Committee, noting that a draft Labour Code was in the final stages of revision, requested the Government to ensure that compulsory arbitration, which is currently allowed by section 112 of the Labour Code of 1997, would only be imposed in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term and acute national crises. The Committee notes the Government’s indication that the Labour Code of 1997 was revised and submitted to the Council of Ministers in 2021, and that it is currently being assessed by a consultative committee on labour standards which includes employers and workers. Taking due note of these developments, the Committee requests the Government to take the necessary measures, in consultation with the social partners, to ensure that the revised Labour Code is adopted shortly and only allows the imposition of compulsory arbitration in the above-mentioned cases. The Committee requests the Government to provide information on any progress achieved in this regard."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The right to strike was prohibited, instead stipulating that workers had to use a cumbersome bureaucratic process to resolve labor disputes, including compulsory arbitration or complex conciliation and mediation procedures."

Information

Source: §6 & 36 Trade Unions Act 2010; USDOS CRHRP 2023 (Sudan)

A : National Law

National Labour Legislation

"Article (6) : (1) The activity of unions and syndicates shall be legitimate with respect to all means they adopt to achieve the objectives for which they were established, including strikes, in accordance with the provisions of this law and their bylaws. No civil or criminal liability shall arise from this activity. (2) Without prejudice to the provisions of Clause (1), no member of unions or syndicates shall be exempted from criminal or civil liability if his action causes harm to others Article (36) : Any person who commits any violation of any of the provisions of this law shall be punished with imprisonment for a period not exceeding six months, or with a fine, or with both penalties"

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The right to strike is prohibited, instead workers must use a cumbersome bureaucratic process to resolve labor disputes, including compulsory arbitration or complex conciliation and mediation procedures. Workers who engage in labor outside the provisions of the labor code may legally be penalized with prison and compulsory labor."