Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Abolition of Forced Labour Convention, 1957 (No. 105) - Sudan (Ratification: 1970)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. The Committee notes from the Government's report received in 1988 that in Sudan a state of emergency was declared on 25 July 1987 for one year, restricting the right to demonstrate and organising the practising of other rights. It requests the Government to supply full information on the manner in which the right to demonstrate is restricted and other rights are organised, including copies of relevant statutory instruments and details of actual practice as to the scope and the duration of restrictions imposed. 2. In its previous comments, the Committee noted the adoption in October 1985 of a Transitional Constitution, and in particular that the political system shall be based on the freedom of formation of political parties and the law shall protect those parties which abide by the democratic ideals and means set out in the Constitution (article 7) and that the Constitution guarantees fundamental rights and freedoms such as freedom of opinion and expression (article 19), freedom of association (article 20), and the right of meeting and demonstrating peacefully (article 22). The Committee also noted that under article 3 of the Constitution its provisions shall prevail over all laws and any provision contained in such laws which is inconsistent with the Constitution shall be repealed to the extent of such inconsistency; the Committee further noted that under section 133 all laws in force prior to the coming into force of the Constitution shall so continue unless repealed or amended. In this context the Committee noted the information provided by the Government that commissions had been entrusted with the revision of the existing laws adopted under the former Constitution, including labour laws. Noting that the Government's report received in 1988 contains no further information in this connection, the Committee refers to its comments concerning a certain number of legislative provisions under which penalties involving compulsory labour may be imposed in circumstances falling within the scope of the Convention. The Committee again expresses the hope that the Government will soon supply detailed information on the measures envisaged or adopted to bring those provisions into conformity with the Convention. It addresses a direct request to the Government in relation to these matters.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

$$LEGISLATION Transitional Constitution of October 1985