LABOUR RIGHTS INDEX 2022

Trade Union
Indicator
Trade Union
Countries
LRI 2022
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lri 2022 Country Profiles

Sudan

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 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 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Sudan’s overall score is 52 out of 100. The overall score for Sudan is lower than the regional average observed across Sub-Saharan Africa (64.4). Within the Sub-Saharan Africa region, the highest score is observed for Guinea (80.5).

Sudan ratified Convention No. 98 on the Right to Organise and Collective Bargaining in 1957 but has not ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948).

Labour Rights Index 2022

50/100

LRI Country Score

0/100

Trade Union Indicator

30.41 %

Trade union density rate (%)

- %

Collective bargaining coverage rate (%)

-

SDG indicator 8.8.2

5

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

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. 2020

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 of the Labour Code, 1997; CEACR, C98, Obs. 2020; USDOS CRHRP 2021

A / B

Does the law prohibit employers from terminating employment contracts of striking workers?

No

0

USDOS CRHRP 2021

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 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

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/  

Trade Union Indicator
The trade union 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 2022 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. 

To find an ITUC affiliate in your country, please check the LINK:

Violations

ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
CEACR, C98, Obs. 2020

Trade Unions Act. Lastly, the Committee observed, in its previous comments, that the Trade Unions Act of 2010 contains a number of provisions that 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). The Committee invites the Government, in full consultation with the organizations of workers and employers, and with technical assistance from the Office should it so wish, to take steps to bring the Trade Unions Act of 2010 into line with the principles of freedom of association, with a view to promoting the full development and utilization of collective bargaining machinery pursuant to Article 4 of the Convention.

Violations

National Labour Legislation
§3 of the Labour Code, 1997

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.

Violations

National Labour Legislation / ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
§112 of the Labour Code, 1997

The referral of the dispute to the arbitration body
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.

CEACR, C98, Obs. 2020; USDOS CRHRP 2021

Article 4 of the Convention. Compulsory arbitration. In its previous comments, the Committee had requested the Government to take the necessary steps to amend section 112 of the Labour Code of 1997, in order to ensure that compulsory arbitration is only 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 information provided in the Government’s report from 2018 that the draft Labour Code was in the final stages of revision and that essential services would be defined upon its adoption. The Committee requests the Government to indicate the steps taken, or envisaged, in respect of the new Labour Code during the period of power-sharing and the measures taken to ensure that compulsory arbitration will only be imposed in the above-mentioned cases.

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.

Violations

US Department of States' Country Reports on Human Rights Practices 2021 (USDOS)
USDOS CRHRP 2021

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.