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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Sudan (RATIFICATION: 1970)

1. Scope of application. Non-nationals. The Committee notes that article 7(1) of the Interim Constitution of 2005 provides that citizenship shall be the basis for equal rights and duties for all Sudanese. The Committee further notes Part Two of the Constitution concerning the Bill of Rights and, in particular, article 31 concerning equal protection of all persons without discrimination. The Committee recalls that protection against discrimination under the Convention covers both citizens and non-citizens and asks the Government to indicate in its next report whether non-citizens are covered by article 31 of the 2005 Interim Constitution.

2. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s statement that section 53(f) of the Labour Code, which specifies that a worker shall be convicted for committing a crime against honour, honesty, morals, or if he or she commits an act which is contrary to public morals at the workplace, covers sexual harassment. The Committee asks the Government to provide information on the following: (1) any complaints dealt with by the courts concerning sexual harassment based on section 53(f); and (2) any other measures taken, including educational programmes, to prevent and address sexual harassment in the workplace.

3. Discrimination based on sex. The Committee understands from the information in the Government’s report that a Constitutional Court decision is still pending relating to Decree No. 84/2000 (Wali Decree No. 84) issued by the Governor of Khartoum which envisaged prohibiting the employment of women in gas stations, hotels, restaurants and cafeterias. Concerned that Decree No. 84/2000 (Wali Decree No. 84) may impose restrictions on the employment of women beyond those allowed under the Convention, the Committee asks the Government to clarify in its next report whether it is in force. Please also provide a copy of the Court’s final decision and of Decree No. 84/2000.

4. Article 2. Equality between men and women. The Committee notes with interest that article 15(2) of the Interim Constitution of 2005 states that the State shall protect motherhood and women from injustice, promote gender equality and the role of women in family, and empower them in public life. It notes that, pursuant to article 32(1), the State shall guarantee the equal right of men and women to enjoy all civil, political, economic, social and cultural rights, and that article 32(2) provides that the State shall promote women’s rights through affirmative action. Article 32(3) of the Interim Constitution of 2005 further provides that the State shall combat harmful customs and traditions which undermine the dignity and the status of women. The Committee asks the Government to provide information in its next report on the practical application of articles 15(2) and 32 concerning the rights of women, of the Interim Constitution of 2005, particularity with respect to promoting and ensuring equality of opportunity between men and women in employment and occupation.

5. Equal access of men and women to the civil service. The Committee notes the statistics of 2005 attached to the Government’s report on the Equal Remuneration Convention, 1951 (No. 100), on the employment of women in the civil service according to grade. It notes that, although women are being employed in all ministries, they are nevertheless concentrated in the ministries of finance and economy, health, financial resources and justice. In addition, women are also primarily employed in the lower grades of the civil service (grades 7 to 13). The Committee recalls that horizontal and vertical occupational segregation of women into certain occupations, including those without opportunities for promotion, is one of the underlying causes of inequalities between men and women in the labour market. The Committee asks the Government to provide information on the measures taken to improve women’s access to a wider variety of posts in the civil service, including higher level occupations and in occupations with opportunities for promotion.

6. Employment in the public service of minority groups. The Committee recalls its previous comments relating to the State’s responsibility to ensure representation of minority groups (according to their race, colour, national extraction, religion, etc.) at all levels in the public service, and notes the absence in the Government’s report of any information in this regard. The Committee reiterates its request to the Government to indicate the measures that have been taken or are envisaged to promote training of members of minority groups throughout their careers. It also requests the Government to provide statistics on the composition of the staff of the public service, disaggregated by sex, and on the distribution of members of vulnerable groups in the different sectors and at the different levels of the public service.

7. Access to training. The Committee notes that the Government’s report once again fails to supply information, including statistics disaggregated by sex, on the participation of women, certain minorities and other marginalized social groups in vocational training, including the measures taken to promote women’s participation in a variety of training programmes. It urges the Government to include the information requested in the next report.

8. Article 5. Special measures. The Committee reiterates its request to the Government to indicate whether it intends to extend to male workers certain advantages, such as optional overtime hours (section 20(3)) or longer rest periods (section 43(2,), accorded to women by the Labour Code.

9. Part VI of the report form. Judicial decisions. Recalling its previous comments concerning cases of racial discrimination brought before the courts, the Committee once again reminds the Government to provide copies in future reports of the decisions handed down by the courts in cases of discrimination in employment and occupation on grounds of race, as well as on grounds of colour, sex, religion, political opinion, national extraction and social origin.