Forced Labour Convention, 1930 (No. 29) - South Sudan (RATIFICATION: 2012)

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Previous comment

In response to its previous comments under Article 2(2)(a), (b), (d) and (e) of the Convention on the exclusion of certain works or services from the prohibition of forced labour under section 10(2) of the Labour Code of 2017, the Committee notes the Government’s information that no specific legislation or regulations have been adopted concerning compulsory military service, normal civic obligations, situations of emergency and minor communal services.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career military members to leave their service. In reply to its previous comments concerning the acceptance of resignations of the members of the armed forces (section 30(c) of the Sudan People’s Liberation Army (SPLA) Act, 2009), the Government indicates that the Ministry of Labour was unable to collect the statistics on the resignations that have been refused and the grounds for refusal. The Government indicates that there have been a number of resignations by members of the army, some of whom have joined the civil service, or undertook farming, or joined the labour market, while some of the young officials are acquiring skills for self-employment in vocational training centres. The Committee takes note of this information. Observing that the minimum period of obligatory service ranges from 6 to 10 years and that SPLA personnel who fail to render a service by virtue of an employment contract commit an offence and are liable to imprisonment (section 26(3)), the Committee requests the Government to provide information on the number of applications to resign that have been refused, the grounds for such refusal, and on any sanction imposed under section 26 of the SPLA Act for failure to render a service.

2. Punishment of idle persons and vagrancy. In its previous comments, the Committee requested the Government to take the necessary measures to amend the provisions under sections 378 and 379 of the Penal Code which lay down penalties of imprisonment for persons who conduct themselves as an idle person or as a vagabond. The Government indicates that it cannot provide any information on the sanctions involved in the punishment of idle persons and vagabonds. The Committee also notes the Government’s request for technical support to amend the legislation.

The Committee recalls that the possibility of imposing sanctions for the mere refusal to work constitutes an indirect compulsion to work and is contrary to the Convention, unless such penalties are imposed for unlawful activities or to persons who disrupt the public order or endanger public health. According to section 378(1) an idle person is “(a) any person who being able wholly or in part to maintain himself/herself or his/her family wilfully neglects or refuses to do so”; or “(c) any person who has no settled home and has no ostensible means of subsistence and cannot give a satisfactory account of himself or herself”. It also noted that under section 379(1)(a) a vagabond is “any person who after being convicted as an idle person, commits any of the offences which would render him/her liable to be convicted as such again”. The Committee requests the Government to ensure that the above-mentioned provisions of sections 378 and 379 of the Criminal Code are amended so that idle persons and vagabonds who do not disrupt the public order are not liable to sanctions.In the meantime, please provide information on the application in practice of the above-mentioned provisions.

Article 2(2)(c). Prison labour. Noting that under the Prison Service Act of 2011, convicted prisoners can be deployed to work in rehabilitation programmes or productive labour, and guaranteed prisoners (low-risk prisoners and first offenders) can work outside the prison institution (sections 69(1) and 80(2)), the Committee requested information on the work carried out by convicted prisoners, and on the entities benefiting from this work. The Committee notes the Government’s indication that convicted prisoners always perform labour in private entities while young prisoners receive vocational skills in prison. The Government further indicates that it may require technical support from the ILO to carry out a survey on prison labour across the country. The Committee recalls that work by convicted prisoners for private entities is only compatible with the Convention when such work is performed by prisoners under a free labour relationship, without being subjected to pressure, and on the basis of their free, formal, and informed consent. The Committee therefore requests the Government to indicate how it is ensured in law and practice that prisoners give their free, formal, and informed consent for work with private entities and that their conditions of work approximate those of a free labour relationship. It also requests the Government to indicate if any regulations have been issued pursuant to section 60(2) of the Prison Service Act relating to work of convicted persons in rehabilitation programmes or productive labour.

Article 25. Penalties for the exaction of forced labour. The Committee previously requested information on the application of section 277 of the Penal Code which criminalizes compelling a person to labour against the will of that person and provides for a penalty of imprisonment of two years or a fine or both for; the penalty is extended to seven years in cases of kidnapping, or abduction (section 278). It drew the Government’s attention to the fact that considering the seriousness of the forced labour offence, penalties imposed should be rally adequate and strictly enforced and that fines or short-term prison sentences do not act as a deterrent.

The Committee notes that the Government states that it is collaborating with the Judiciary to gather the information concerning the penalties imposed for the exaction of forced labour. The Committee hopes that the Government will be able to provide information in this regard in its next report, as well as information on any capacity building or training activities provided to law enforcement bodies in relation to the identification and prosecution of situations of forced labour, under section 277 of the Penal Code or any other relevant provision. Please provide information on the convictions handed down and penalties imposed.

The Committee hopes that the technical assistance requested by the Government could be provided in the near future.

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Previous comment

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted section 282 of the Penal Code of 2008 which criminalizes trafficking in persons for sexual exploitation outside South Sudan. It requested the Government to indicate the provisions in national legislation that would prohibit trafficking for labour exploitation, including within the borders of the country, as well as information on the measures taken to prevent and suppress all forms of trafficking in persons. The Committee notes that the Government refers in its report to section 11 of the Labour Act of 2017 which prohibits any person from organizing or assisting in the organization of illicit or clandestine movement of any persons into or out of South Sudan for performing work. The Government also indicates that no information is available concerning any decision or sanction imposed by the courts under section 282 of the Penal Code.

The Committee notes that the United Nations Special Rapporteur on Trafficking in Persons, in her report of May 2023, highlights the prevalence of trafficking in persons occurring in the context of extreme poverty, insecurity and continuing conflict and violence in South Sudan and the urgency for strengthening coordinated action to prevent and combat trafficking in persons for all purposes of exploitation. She also emphasizes the very limited assistance and protection available to trafficked persons and the need for urgent action to ensure safe accommodation, appropriate assistance and protection to victims. The Special Rapporteur indicates that South Sudan currently hosts 377,000 refugees and over 824,000 migrant workers and an estimated 2.3 million South Sudanese refugees are living in neighbouring countries making it the largest refugee crisis in Africa. This migration context, combined with limited access to livelihoods and safe, regular migration opportunities, both inward and outward, contribute to increased risks of trafficking in persons. There are reports of women and girls who are abducted and detained by State and non-state armed groups for sexual slavery and forced labour (A/HRC/53/28/Add.2).

While acknowledging the complexity of the situation on the ground, the Committee urges the Government to take the necessary measures to prevent and combat trafficking in persons for both sexual and labour exploitation by (i) adopting a legal framework encompassing all forms of trafficking in persons; ii) ensuring comprehensive prevention and awareness-raising activities, with a particular focus on refugees and returned refugees; (iii) ensuring appropriate assistance and protection to victims of trafficking; (iv) enhancing the capacities of the law enforcement bodies to identify situations of trafficking in persons, undertake prompt investigations and initiate prosecutions. It also requests the Government to provide information on the prosecutions carried out, the convictions handed down and the number and nature of penalties applied to perpetrators of trafficking in persons.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the information provided by the Government in its first report.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee notes that section 282 of the Penal Code of 2008 criminalizes trafficking in persons. According to this section “whoever procures, entices or leads away, even with his or her consent, any person for sale or immoral purposes to be carried outside South Sudan, commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding seven years or with a fine or with both”. The Committee observes that the elements of the definition of trafficking provided for in section 282 of the Penal Code only appear to prohibit international trafficking for sexual exploitation. The Committee requests the Government to indicate the provisions in national legislation that would prohibit trafficking for labour exploitation, including within the borders of the country. The Committee also requests the Government to provide information on the measures taken or envisaged to prevent and suppress all forms of trafficking in persons as well as any data on the characteristics and the extent of the phenomenon of trafficking in persons in South Sudan. Lastly, the Committee requests the Government to communicate information on any court decision handed on the basis of section 282 of the Penal Code, indicating the sanctions imposed on perpetrators.

2. Freedom of public service employees to leave the service. The Committee requests the Government to indicate the provisions governing the right of public service employees to leave the service at their own request, and to provide information on the procedure for their resignation. The Committee also requests the Government to communicate a copy of the relevant legislation on this matter.

3. Freedom of career military members to leave their service. The Committee notes that under section 30(c) of the Sudan People’s Liberation Army (SPLA) Act, 2009, members of the armed forces “shall cease and terminate their service upon acceptance of resignation” and that the minimum period of obligatory service in the army ranges from six to ten years. The Committee also notes that according to section 26(3) any member of the army who fails to perform a service under an employment contract, commits an offence and is liable to imprisonment for a maximum period of two years. In this regard, the Committee requests the Government to provide information on the application of section 30(c) of the SPLA Act, 2009, in practice, indicating the number of resignations refused and the grounds for refusal.

4. Punishment of idle persons and vagrancy. The Committee notes that under section 378(2) of the Penal Code whoever conducts himself/herself as an idle person commits an offence and is liable to imprisonment for a term of one month maximum or with a fine or both. According to section 378(1) an idle person is “(a) any person who being able wholly or in part to maintain himself/herself or his/her family wilfully neglects or refuses to do so”; or “(c) any person who has no settled home and has no ostensible means of subsistence and cannot give a satisfactory account of himself or herself”. The Committee further notes that under section 379(1)(a) a vagrant is “any person who after being convicted as an idle person, commits any of the offences which would render him/her liable to be convicted as such again”. Under section 379(2) “whoever conducts himself/herself as an idle person commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding one month or with a fine or with both”. The Committee observes that such provisions are worded in general terms, and could lead to the imposition of sanctions on persons for the mere fact of being considered as idle or vagrants. The Committee considers that the possibility of imposing sanctions for mere refusal to work is contrary to the Convention, unless such penalties are imposed for unlawful activities or to persons who disrupt the public order or put in danger public health. The Committee requests the Government to provide information on the measures taken to amend the legislation in conformity with the Convention. In the meantime, please provide information on the application in practice of the above-mentioned provisions.

Article 2(2)(a). Compulsory military service. The Committee notes that under section 10(3)(a) of the Labour Bill, work exacted under compulsory military service is excluded from the definition of forced labour. The Committee requests the Government to provide a copy of the legislation regulating compulsory military service.

Article 2(2)(b). Normal civic obligations. The Committee notes that under section 10(3)(b) of the Labour Bill, forced labour shall not include any work or service which forms part of the normal civic obligations of citizens. The Committee requests the Government to provide information on the nature of the civic obligations that may be imposed, providing a copy of the relevant legislative texts.

Article 2(2)(c). Prison labour. The Committee notes that according to section 69(1) of the Prison Service Act of 2011, a convicted prisoner shall be deployed to work in rehabilitation programmes or productive labour, where available. Section 69(2) stipulates that regulations shall provide for matters relating to such programmes. Under section 87 remand prisoners (detainees awaiting trial) shall not work. The Committee also notes that section 80(2) provides that guaranteed prisoners (low-risk prisoners and first offenders) shall have the opportunity to work outside the prison institution. In this regard, the Committee requests the Government to provide further information on work carried out by convicted prisoners, indicating whether they may perform labour for private entities and if so, under what conditions. The Committee also requests the Government to provide copies of the regulations on prison work and on work carried out outside the prison institution, referred to in sections 69(2) and 80(2) of the Prison Service Act, 2011.

Article 2(2)(d). Situations of emergency. The Committee notes that according to section 10(3)(d) of the Labour Bill forced labour shall not include any work or service exacted in cases of emergency, or any other circumstance that may endanger the existence of the population. The Committee requests the Government to indicate whether any specific legislation concerning cases of emergency has been adopted and to provide information on the conditions under which labour might be imposed in such situations.

Article 2(2)(e). Minor communal services. The Committee notes that under section 10(3)(e) of the Labour Bill, minor community service is not considered to be forced labour, provided it is performed in the direct interest of the community and that the members or the representatives of such community are consulted. The Committee requests the Government to provide examples of such community services, indicating the conditions under which they are performed, as well as copies of any relevant legislation.

Article 25. Penalties for the exaction of forced labour. The Committee notes that section 277 of the Penal Code provides for a sanction of imprisonment of two years or a fine or both to any person who compels any person to labour against the will of that person. The penalty is raised to seven years in cases of kidnapping, or abduction in order to compel a person to labour (section 278). The Committee recalls that, according to Article 25 of the Convention, the exaction of forced labour shall be punishable as a penal offence, and the penalties imposed by laws shall be really adequate and strictly enforced. It observes in this regard that fines or short term sentences of imprisonment cannot be considered as effective penalties, given the seriousness of the offence and the dissuasive effects that the penalties should have (General Survey on the eradication of forced labour, 2007, paragraph 137). The Committee accordingly requests the Government to provide information on the application of the above-mentioned provisions in practice, supplying copies of relevant court decisions and indicating the penalties imposed.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the information provided by the Government in its first report.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee notes that section 282 of the Penal Code of 2008 criminalizes trafficking in persons. According to this section “whoever procures, entices or leads away, even with his or her consent, any person for sale or immoral purposes to be carried outside South Sudan, commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding seven years or with a fine or with both”. The Committee observes that the elements of the definition of trafficking provided for in section 282 of the Penal Code only appear to prohibit international trafficking for sexual exploitation. The Committee requests the Government to indicate the provisions in national legislation that would prohibit trafficking for labour exploitation, including within the borders of the country. The Committee also requests the Government to provide information on the measures taken or envisaged to prevent and suppress all forms of trafficking in persons as well as any data on the characteristics and the extent of the phenomenon of trafficking in persons in South Sudan. Lastly, the Committee requests the Government to communicate information on any court decision handed on the basis of section 282 of the Penal Code, indicating the sanctions imposed on perpetrators.

2. Freedom of public service employees to leave the service. The Committee requests the Government to indicate the provisions governing the right of public service employees to leave the service at their own request, and to provide information on the procedure for their resignation. The Committee also requests the Government to communicate a copy of the relevant legislation on this matter.

3. Freedom of career military members to leave their service. The Committee notes that under section 30(c) of the Sudan People’s Liberation Army (SPLA) Act, 2009, members of the armed forces “shall cease and terminate their service upon acceptance of resignation” and that the minimum period of obligatory service in the army ranges from six to ten years. The Committee also notes that according to section 26(3) any member of the army who fails to perform a service under an employment contract, commits an offence and is liable to imprisonment for a maximum period of two years. In this regard, the Committee requests the Government to provide information on the application of section 30(c) of the SPLA Act, 2009, in practice, indicating the number of resignations refused and the grounds for refusal.

4. Punishment of idle persons and vagrancy. The Committee notes that under section 378(2) of the Penal Code whoever conducts himself/herself as an idle person commits an offence and is liable to imprisonment for a term of one month maximum or with a fine or both. According to section 378(1) an idle person is “(a) any person who being able wholly or in part to maintain himself/herself or his/her family wilfully neglects or refuses to do so”; or “(c) any person who has no settled home and has no ostensible means of subsistence and cannot give a satisfactory account of himself or herself”. The Committee further notes that under section 379(1)(a) a vagrant is “any person who after being convicted as an idle person, commits any of the offences which would render him/her liable to be convicted as such again”. Under section 379(2) “whoever conducts himself/herself as an idle person commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding one month or with a fine or with both”. The Committee observes that such provisions are worded in general terms, and could lead to the imposition of sanctions on persons for the mere fact of being considered as idle or vagrants. The Committee considers that the possibility of imposing sanctions for mere refusal to work is contrary to the Convention, unless such penalties are imposed for unlawful activities or to persons who disrupt the public order or put in danger public health. The Committee requests the Government to provide information on the measures taken to amend the legislation in conformity with the Convention. In the meantime, please provide information on the application in practice of the above-mentioned provisions.

Article 2(2)(a). Compulsory military service. The Committee notes that under section 10(3)(a) of the Labour Bill, work exacted under compulsory military service is excluded from the definition of forced labour. The Committee requests the Government to provide a copy of the legislation regulating compulsory military service.

Article 2(2)(b). Normal civic obligations. The Committee notes that under section 10(3)(b) of the Labour Bill, forced labour shall not include any work or service which forms part of the normal civic obligations of citizens. The Committee requests the Government to provide information on the nature of the civic obligations that may be imposed, providing a copy of the relevant legislative texts.

Article 2(2)(c). Prison labour. The Committee notes that according to section 69(1) of the Prison Service Act of 2011, a convicted prisoner shall be deployed to work in rehabilitation programmes or productive labour, where available. Section 69(2) stipulates that regulations shall provide for matters relating to such programmes. Under section 87 remand prisoners (detainees awaiting trial) shall not work. The Committee also notes that section 80(2) provides that guaranteed prisoners (low-risk prisoners and first offenders) shall have the opportunity to work outside the prison institution. In this regard, the Committee requests the Government to provide further information on work carried out by convicted prisoners, indicating whether they may perform labour for private entities and if so, under what conditions. The Committee also requests the Government to provide copies of the regulations on prison work and on work carried out outside the prison institution, referred to in sections 69(2) and 80(2) of the Prison Service Act, 2011.

Article 2(2)(d). Situations of emergency. The Committee notes that according to section 10(3)(d) of the Labour Bill forced labour shall not include any work or service exacted in cases of emergency, or any other circumstance that may endanger the existence of the population. The Committee requests the Government to indicate whether any specific legislation concerning cases of emergency has been adopted and to provide information on the conditions under which labour might be imposed in such situations.

Article 2(2)(e). Minor communal services. The Committee notes that under section 10(3)(e) of the Labour Bill, minor community service is not considered to be forced labour, provided it is performed in the direct interest of the community and that the members or the representatives of such community are consulted. The Committee requests the Government to provide examples of such community services, indicating the conditions under which they are performed, as well as copies of any relevant legislation.

Article 25. Penalties for the exaction of forced labour. The Committee notes that section 277 of the Penal Code provides for a sanction of imprisonment of two years or a fine or both to any person who compels any person to labour against the will of that person. The penalty is raised to seven years in cases of kidnapping, or abduction in order to compel a person to labour (section 278). The Committee recalls that, according to Article 25 of the Convention, the exaction of forced labour shall be punishable as a penal offence, and the penalties imposed by laws shall be really adequate and strictly enforced. It observes in this regard that fines or short term sentences of imprisonment cannot be considered as effective penalties, given the seriousness of the offence and the dissuasive effects that the penalties should have (General Survey on the eradication of forced labour, 2007, paragraph 137). The Committee accordingly requests the Government to provide information on the application of the above-mentioned provisions in practice, supplying copies of relevant court decisions and indicating the penalties imposed.

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the information provided by the Government in its first report.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee notes that section 282 of the Penal Code of 2008 criminalizes trafficking in persons. According to this section “whoever procures, entices or leads away, even with his or her consent, any person for sale or immoral purposes to be carried outside South Sudan, commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding seven years or with a fine or with both”. The Committee observes that the elements of the definition of trafficking provided for in section 282 of the Penal Code only appear to prohibit international trafficking for sexual exploitation. The Committee requests the Government to indicate the provisions in national legislation that would prohibit trafficking for labour exploitation, including within the borders of the country. The Committee also requests the Government to provide information on the measures taken or envisaged to prevent and suppress all forms of trafficking in persons as well as any data on the characteristics and the extent of the phenomenon of trafficking in persons in South Sudan. Lastly, the Committee requests the Government to communicate information on any court decision handed on the basis of section 282 of the Penal Code, indicating the sanctions imposed on perpetrators.

2. Freedom of public service employees to leave the service. The Committee requests the Government to indicate the provisions governing the right of public service employees to leave the service at their own request, and to provide information on the procedure for their resignation. The Committee also requests the Government to communicate a copy of the relevant legislation on this matter.

3. Freedom of career military members to leave their service. The Committee notes that under section 30(c) of the Sudan People’s Liberation Army (SPLA) Act, 2009, members of the armed forces “shall cease and terminate their service upon acceptance of resignation” and that the minimum period of obligatory service in the army ranges from six to ten years. The Committee also notes that according to section 26(3) any member of the army who fails to perform a service under an employment contract, commits an offence and is liable to imprisonment for a maximum period of two years. In this regard, the Committee requests the Government to provide information on the application of section 30(c) of the SPLA Act, 2009, in practice, indicating the number of resignations refused and the grounds for refusal.

4. Punishment of idle persons and vagrancy. The Committee notes that under section 378(2) of the Penal Code whoever conducts himself/herself as an idle person commits an offence and is liable to imprisonment for a term of one month maximum or with a fine or both. According to section 378(1) an idle person is “(a) any person who being able wholly or in part to maintain himself/herself or his/her family wilfully neglects or refuses to do so”; or “(c) any person who has no settled home and has no ostensible means of subsistence and cannot give a satisfactory account of himself or herself”. The Committee further notes that under section 379(1)(a) a vagrant is “any person who after being convicted as an idle person, commits any of the offences which would render him/her liable to be convicted as such again”. Under section 379(2) “whoever conducts himself/herself as an idle person commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding one month or with a fine or with both”. The Committee observes that such provisions are worded in general terms, and could lead to the imposition of sanctions on persons for the mere fact of being considered as idle or vagrants. The Committee considers that the possibility of imposing sanctions for mere refusal to work is contrary to the Convention, unless such penalties are imposed for unlawful activities or to persons who disrupt the public order or put in danger public health. The Committee requests the Government to provide information on the measures taken to amend the legislation in conformity with the Convention. In the meantime, please provide information on the application in practice of the above-mentioned provisions.

Article 2(2)(a). Compulsory military service. The Committee notes that under section 10(3)(a) of the Labour Bill, work exacted under compulsory military service is excluded from the definition of forced labour. The Committee requests the Government to provide a copy of the legislation regulating compulsory military service.

Article 2(2)(b). Normal civic obligations. The Committee notes that under section 10(3)(b) of the Labour Bill, forced labour shall not include any work or service which forms part of the normal civic obligations of citizens. The Committee requests the Government to provide information on the nature of the civic obligations that may be imposed, providing a copy of the relevant legislative texts.

Article 2(2)(c). Prison labour. The Committee notes that according to section 69(1) of the Prison Service Act of 2011, a convicted prisoner shall be deployed to work in rehabilitation programmes or productive labour, where available. Section 69(2) stipulates that regulations shall provide for matters relating to such programmes. Under section 87 remand prisoners (detainees awaiting trial) shall not work. The Committee also notes that section 80(2) provides that guaranteed prisoners (low-risk prisoners and first offenders) shall have the opportunity to work outside the prison institution. In this regard, the Committee requests the Government to provide further information on work carried out by convicted prisoners, indicating whether they may perform labour for private entities and if so, under what conditions. The Committee also requests the Government to provide copies of the regulations on prison work and on work carried out outside the prison institution, referred to in sections 69(2) and 80(2) of the Prison Service Act, 2011.

Article 2(2)(d). Situations of emergency. The Committee notes that according to section 10(3)(d) of the Labour Bill forced labour shall not include any work or service exacted in cases of emergency, or any other circumstance that may endanger the existence of the population. The Committee requests the Government to indicate whether any specific legislation concerning cases of emergency has been adopted and to provide information on the conditions under which labour might be imposed in such situations.

Article 2(2)(e). Minor communal services. The Committee notes that under section 10(3)(e) of the Labour Bill, minor community service is not considered to be forced labour, provided it is performed in the direct interest of the community and that the members or the representatives of such community are consulted. The Committee requests the Government to provide examples of such community services, indicating the conditions under which they are performed, as well as copies of any relevant legislation.

Article 25. Penalties for the exaction of forced labour. The Committee notes that section 277 of the Penal Code provides for a sanction of imprisonment of two years or a fine or both to any person who compels any person to labour against the will of that person. The penalty is raised to seven years in cases of kidnapping, or abduction in order to compel a person to labour (section 278). The Committee recalls that, according to Article 25 of the Convention, the exaction of forced labour shall be punishable as a penal offence, and the penalties imposed by laws shall be really adequate and strictly enforced. It observes in this regard that fines or short term sentences of imprisonment cannot be considered as effective penalties, given the seriousness of the offence and the dissuasive effects that the penalties should have (General Survey on the eradication of forced labour, 2007, paragraph 137). The Committee accordingly requests the Government to provide information on the application of the above-mentioned provisions in practice, supplying copies of relevant court decisions and indicating the penalties imposed.

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The Committee notes the information provided by the Government in its first report.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee notes that section 282 of the Penal Code of 2008 criminalizes trafficking in persons. According to this section “whoever procures, entices or leads away, even with his or her consent, any person for sale or immoral purposes to be carried outside South Sudan, commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding seven years or with a fine or with both”. The Committee observes that the elements of the definition of trafficking provided for in section 282 of the Penal Code only appear to prohibit international trafficking for sexual exploitation. The Committee requests the Government to indicate the provisions in national legislation that would prohibit trafficking for labour exploitation, including within the borders of the country. The Committee also requests the Government to provide information on the measures taken or envisaged to prevent and suppress all forms of trafficking in persons as well as any data on the characteristics and the extent of the phenomenon of trafficking in persons in South Sudan. Lastly, the Committee requests the Government to communicate information on any court decision handed on the basis of section 282 of the Penal Code, indicating the sanctions imposed on perpetrators.

2. Freedom of public service employees to leave the service. The Committee requests the Government to indicate the provisions governing the right of public service employees to leave the service at their own request, and to provide information on the procedure for their resignation. The Committee also requests the Government to communicate a copy of the relevant legislation on this matter.

3. Freedom of career military members to leave their service. The Committee notes that under section 30(c) of the Sudan People’s Liberation Army (SPLA) Act, 2009, members of the armed forces “shall cease and terminate their service upon acceptance of resignation” and that the minimum period of obligatory service in the army ranges from six to ten years. The Committee also notes that according to section 26(3) any member of the army who fails to perform a service under an employment contract, commits an offence and is liable to imprisonment for a maximum period of two years. In this regard, the Committee requests the Government to provide information on the application of section 30(c) of the SPLA Act, 2009, in practice, indicating the number of resignations refused and the grounds for refusal.

4. Punishment of idle persons and vagrancy. The Committee notes that under section 378(2) of the Penal Code whoever conducts himself/herself as an idle person commits an offence and is liable to imprisonment for a term of one month maximum or with a fine or both. According to section 378(1) an idle person is “(a) any person who being able wholly or in part to maintain himself/herself or his/her family wilfully neglects or refuses to do so”; or “(c) any person who has no settled home and has no ostensible means of subsistence and cannot give a satisfactory account of himself or herself”. The Committee further notes that under section 379(1)(a) a vagrant is “any person who after being convicted as an idle person, commits any of the offences which would render him/her liable to be convicted as such again”. Under section 379(2) “whoever conducts himself/herself as an idle person commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding one month or with a fine or with both”. The Committee observes that such provisions are worded in general terms, and could lead to the imposition of sanctions on persons for the mere fact of being considered as idle or vagrants. The Committee considers that the possibility of imposing sanctions for mere refusal to work is contrary to the Convention, unless such penalties are imposed for unlawful activities or to persons who disrupt the public order or put in danger public health. The Committee requests the Government to provide information on the measures taken to amend the legislation in conformity with the Convention. In the meantime, please provide informaion on the application in practice of the abovementioned provisions.

Article 2(2)(a). Compulsory military service. The Committee notes that under section 10(3)(a) of the Labour Bill, work exacted under compulsory military service is excluded from the definition of forced labour. The Committee requests the Government to provide a copy of the legislation regulating compulsory military service.

Article 2(2)(b). Normal civic obligations. The Committee notes that under section 10(3)(b) of the Labour Bill, forced labour shall not include any work or service which forms part of the normal civic obligations of citizens. The Committee requests the Government to provide information on the nature of the civic obligations that may be imposed, providing a copy of the relevant legislative texts.

Article 2(2)(c). Prison labour. The Committee notes that according to section 69(1) of the Prison Service Act of 2011, a convicted prisoner shall be deployed to work in rehabilitation programmes or productive labour, where available. Section 69(2) stipulates that regulations shall provide for matters relating to such programmes. Under section 87 remand prisoners (detainees awaiting trial) shall not work. The Committee also notes that section 80(2) provides that guaranteed prisoners (low-risk prisoners and first offenders) shall have the opportunity to work outside the prison institution. In this regard, the Committee requests the Government to provide further information on work carried out by convicted prisoners, indicating whether they may perform labour for private entities and if so, under what conditions. The Committee also requests the Government to provide copies of the regulations on prison work and on work carried out outside the prison institution, referred to in sections 69(2) and 80(2) of the Prison Service Act, 2011.

Article 2(2)(d). Situations of emergency. The Committee notes that according to section 10(3)(d) of the Labour Bill forced labour shall not include any work or service exacted in cases of emergency, or any other circumstance that may endanger the existence of the population. The Committee requests the Government to indicate whether any specific legislation concerning cases of emergency has been adopted and to provide information on the conditions under which labour might be imposed in such situations.

Article 2(2)(e). Minor communal services. The Committee notes that under section 10(3)(e) of the Labour Bill, minor community service is not considered to be forced labour, provided it is performed in the direct interest of the community and that the members or the representatives of such community are consulted. The Committee requests the Government to provide examples of such community services, indicating the conditions under which they are performed, as well as copies of any relevant legislation.

Article 25. Penalties for the exaction of forced labour. The Committee notes that section 277 of the Penal Code provides for a sanction of imprisonment of two years or a fine or both to any person who compels any person to labour against the will of that person. The penalty is raised to seven years in cases of kidnapping, or abduction in order to compel a person to labour (section 278). The Committee recalls that, according to Article 25 of the Convention, the exaction of forced labour shall be punishable as a penal offence, and the penalties imposed by laws shall be really adequate and strictly enforced. It observes in this regard that fines or short term sentences of imprisonment cannot be considered as effective penalties, given the seriousness of the offence and the dissuasive effects that the penalties should have (General Survey on the eradication of forced labour, 2007, paragraph 137). The Committee accordingly requests the Government to provide information on the application of the abovementioned provisions in practice, supplying copies of relevant court decisions and indicating the penalties imposed.