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Article 1 of the Convention. Measures to combat unemployment. The Committee notes the Government’s report received in November 2009. The Government indicates that it has adopted a National Jobs Pact based on the Global Jobs Pact. Furthermore, the economic crisis has led to an increase in the unemployment rate, especially because of the return en masse of Sudanese workers installed abroad. The Government also mentions consultations with the Federation of Sudanese Employers and the General Federation of Trade Unions on the functioning of private employment agencies and on the recruitment of foreign workers and migrant workers. The Committee requests the Government to supply up-to-date statistics in its next report on unemployment and the impact of measures taken in the country to combat unemployment, especially those which have been the subject of consultations with committees required by Article 2(1) of the Convention. It also requests the Government to refer to its comments on the Employment Policy Convention, 1964 (No. 122).
Article 2(2). Coordination of the activities of public and private employment agencies. The Government indicates that private employment agencies can only operate with authorization, valid for a limited period, from the Ministry of Labour, which inspects such agencies in order to ensure that they are operating in compliance with the legislation. The agencies facilitate the recruitment of foreign workers subject to the consent of the department in charge of these matters at the Ministry of Labour. In cases involving the placement of Sudanese workers abroad, a request must be made to the competent department of the Ministry of Labour in order to proceed with verification of the employment contracts. The agencies complete the other verification formalities as necessary. The Government states that private employment agencies work in coordination with public employment agencies through the units attached to the employers’ and workers’ representatives and to the competent administration within the Ministry of Labour. In its contribution to the General Survey of 2010, the Government also stated that there were no major obstacles to the ratification of the Private Employment Agencies Convention, 1997 (No. 181). The Committee hopes that the Government and the social partners will make progress towards the ratification of Convention No. 181. It also requests the Government to indicate in its next report how effective coordination is ensured between the respective operations of public and private employment agencies.
1. In reply to the direct request of 1998, the Government states in its report received in November 2004 that, pursuant to section 9(1) of the Labour Code of 1997 which allows for the creation of private non-fee-charging employment agencies, private agencies in Sudan mainly recruit foreign workers and place Sudanese workers abroad. The Committee requests the Government to indicate how the representatives of employers and workers are consulted on the working of public employment agencies, in accordance with Article 2, paragraph 1, of the Convention.
2. More generally, the Committee points out that, being vulnerable to abuse, migrant workers need effective protection. For this purpose the non-binding multilateral framework for migrant workers in a global economy was designed in agreement with the tripartite constituents to help member States make their labour migration policies more effective. It provides for the licensing and supervision of recruitment and contracting agencies for migrant workers, with the provision of clear and enforceable contracts by those agencies (Provisional Record No. 22, pages 60-61, ILC, 92nd Session, Geneva, 2004). The Committee requests the Government to provide information on the working of these private employment agencies and their activities abroad in particular.
3. Lastly, the Committee requests the Government to refer to the comments it has made this year on the application of Convention No. 122, and would welcome information on the measures taken to coordinate the activities of public and private agencies nationwide (Article 2, paragraph 2, of Convention No. 2).
1. The Committee notes the provisions of the 1997 Labour Code which provide for the establishment of employment agencies. The Committee would be grateful if the Government would supply the information required by the report form on the free public employment agencies, as required by Article 2, paragraph 1, of the Convention including the operation of the tripartite committee required by the above-mentioned provision. Please also indicate whether free private employment agencies exist and, if so, what steps are taken or envisaged to coordinate their operations with those of the public placement services, as required by Article 2, paragraph 2.
2. Please give a general appreciation of the manner in which the Convention is applied in Sudan, including, for instance, extracts from official reports and any other information bearing on the practical application of the Convention (Part V of the report form).
The Committee notes the information provided by the Government in reply to its earlier comments. It notes, in particular, that a draft legislation has been elaborated with a view to revise the Manpower Act of 1974 which will enable to establish tripartite committees. It hopes that the above-mentioned draft legislation will be adopted in the near future and that it will make possible the establishment, in practice, of tripartite committees to advise on matters concerning the carrying on of free public employment agencies, as required by Article 2, paragraph 1, of the Convention. The Committee asks the Government to supply, in its next report, information on any progress made in this connection.
The Committee takes note of the information supplied by the Government in reply to its earlier comments. It notes, in particular, that no tripartite committee has been created to advise on matters concerning the carrying on of employment agencies. On the other hand, it has noted from the Manual of Employment Service Procedures supplied by the Government with its previous report that the tripartite committee attached to or constituted at the Ministry of Labour and Social Security will advise the Ministry on matters relating to the Employment Service (paragraph 3.8 of the Manual). The Government indicated in its previous report that this Manual came into force.
Having noted this information, the Committee asks the Government to indicate in its next report whether it is envisaged to create such a tripartite committee in practice. The Committee recalls in this connection that Article 2, paragraph 1, of the Convention provides for the establishment of committees, which shall include representatives of employers and workers, to advise on matters concerning the carrying on of employment agencies. It hopes that the Government will take appropriate measures in order to give full effect to this provision of the Convention and asks the Government to report any progress made in this regard.