Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Equal Remuneration Convention, 1951 (No. 100) - Sudan (Ratification: 1970)

The Committee notes the information in the Government's report.

1. The Committee notes with interest that a new Constitution has been signed by the President on 30 June 1998 which includes a provision prohibiting discrimination on the basis of race, sex and religious creed and guarantees equality in eligibility for public posts and offices. It also takes note of the adoption of a new Labour Code in 1997 (which includes, among others, all the provisions of the Individual Labour Contracts Act of 1981). However, notwithstanding earlier requests to the Government to take the opportunity offered by legislative reviews to ensure legislative compliance with the Convention by embodying in the relevant texts the principle of equal remuneration for men and women workers for work of equal value, the Committee notes that neither the new Constitution nor the Labour Code of 1997 include a provision that embodies the principle enshrined in Article 1 of the Convention. The Committee requests the Government to provide information on whether any consideration will be given in the future to embodying the principle of the Convention in legislation, either by enacting new legislation or by amending any existing texts such as the Labour Code or the Minimum Wages Act.

2. Further to its repeatedly expressed concern about the application of the Convention to female and male seasonal agricultural workers and their exclusion from the provisions of the Individual Labour Contracts Act of 1981 and the Minimum Wages Act, the Committee notes the Government's statement that equal remuneration is secured by the law in all sectors; and that section 4 of the new Labour Code defines a "worker" as any man or woman working for remuneration for an employer. The Committee notes, however, that according to section 3(e) and section 3(i), seasonal agricultural workers and casual workers are, respectively, excluded from the provisions of the Labour Code (which does not implement the Convention). It also notes that seasonal agricultural workers continue to be excluded from the Minimum Wages Act. While recalling the often repeated statement by the Government that Sudanese law does not distinguish between men and women workers as regards wages, the Committee must refer to its earlier comment that statements, suggesting that full effect is given to the Convention without further details provided, are insufficient to enable the Committee to make an assessment of the degree to which the provisions of the Convention are being implemented in practice. The Committee therefore urges the Government to indicate in its next report what measures -- whether legislative, administrative or through collective agreements -- have been taken or are envisaged to ensure that seasonal agricultural workers are afforded the right to equal remuneration between men and women for work of equal value, as guaranteed under Article 1 of the Convention. The Government is also requested to provide information on the real wages paid to both female and male seasonal agricultural workers and to indicate whether any consideration is given to extending coverage of the provisions of the Minimum Wages Act to this category of workers.

3. The Committee notes with interest the Public Service Act of 1994, and in particular section 25 of the Act which embodies the principle of equal pay for equal work but which includes criteria for wage fixing which can be used to compare wages of men and women in similar work or work of equal value. Recalling that the principle enshrined in the Convention goes beyond "identical or similar" work by placing the comparison at the level of the value of the work, the Committee requests the Government to specify the exact meaning which should be given to the expression "equal pay for equal work". The Committee further notes that new Public Service Regulations have been adopted in 1995 and requests the Government to supply a copy of these regulations.

4. The Committee notes that the collective agreement and the attached table on increases in pay and allowances exceeding the minimum wage concluded between the General Federation of Employers and the General Federation of Sudanese Workers in January 1998, does not discriminate between men and women in terms of wages. The Committee would be grateful if the Government could provide, in its next report, statistical information on the real wages of men and women workers covered by this comprehensive agreement, if possible, according to occupation or sector of employment.

5. In relation to the use of gender-neutral language in collective agreements, the Committee recalls that, even where a particular right is covered legislatively, in gender-neutral language, care should be taken to ensure that all provisions of collective agreements that grant some form of remuneration are phrased in language which makes it clear that the benefit concerned is granted equally to men and women. It draws the Government's attention to Article 4 of the Convention, according to which the Government shall cooperate with employer's and workers' organizations for the purpose of giving effect to the Convention. The Committee therefore hopes that the Government will encourage and cooperate with the social partners to use gender-neutral language in collective agreements in order to give effect to the principle of the Convention laid down in Article 1 (b).

6. In order for the Committee to assess, on the basis of the information furnished by the Government, how the principle of the Convention is applied in practice, it repeats its request to the Government to supply any statistical data available which would illustrate the extent to which women workers enjoy equal pay with men (see general observation on this Convention). Please also continue to provide copies of recent collective agreements, particularly covering sectors in which a large number of women are employed.