Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Minimum Age Convention, 1973 (No. 138) - Sudan (Ratification: 2003)

Article 2, paragraph 1, of the Convention. 1. Scope of application of the Convention. The Committee had previously noted the Government’s statement that there are no exceptions in the law for specific categories of employment or work according to Article 4(1) of the Convention. It had also noted the Government’s information that the draft Labour Act has included agricultural workers within its scope of application thereby ensuring the protection of children and young persons working in this sector. The Committee had observed, however, that domestic servants, workers in family enterprises and temporary workers appear to be exempted from the application of the Labour Act, according to section 3 of the Labour Act of 1997. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the manner in which the protection of the Convention is ensured to children who work: as domestic servants; in family enterprises; and as temporary workers. It also requests the Government to supply a copy of the provision of the draft Labour Act which extends its applicability to the agricultural sector, as soon as it has been adopted.

2. Minimum age for admission to employment or work. The Committee had previously observed that, according to subsections (4) and (6) of section 21 of the Labour Act, children between 12 and 15 years of age are allowed to perform work. It had also noted that subsection (5) of section 21 states that the minister or whoever he may delegate may refuse the employment of children under the age of 15 years in such industries and enterprises as he may specify by a resolution thereof. Noting that, at the time of ratification, Sudan declared 14 years to be the minimum age for admission to employment, the Committee had reminded the Government that, by virtue of Article 2(2) and (4) of the Convention, children under 14 years are not allowed to work; the only derogation possible is for light work which may be carried out by children between the ages of 12 and 14 years under the conditions provided for by Article 7 of the Convention. The Committee notes the Government’s information that the draft Labour Act of 2009 has amended the definition of a “child” as a person between the ages of 14 and 18 years, and therefore the minimum age for admission to employment or work shall be 14 years. It further notes the Government’s indication that, pursuant to subsection (5) of section 21, the minister has drawn up a list of 42 types of industries and enterprises where children under 15 years of age may not be employed. The Committee requests the Government to take the necessary measures to ensure that the draft Labour Act is adopted as soon as possible, and to provide a copy once adopted. It also requests the Government to provide a copy of the list of industries and enterprises prohibited to children under 15 years as soon as it has been adopted.

Article 2, paragraph 3. Compulsory education. The Committee had previously noted the Government’s information that, according to article 13(1) of the Constitution, the State provides for free and compulsory education at the primary level. It had observed that compulsory education ends at the age of 14 years for pupils admitted at 6 years of age and at the age of 16 years for pupils admitted at 8 years of age. However, it had noted that, according to the UNICEF Multiple Indicator Cluster Survey of 2000, approximately half of school-age children attended primary school and that there were wide disparities among states especially in the eastern and western regions (for example, enrolment was 72 per cent in Khartoum state and only 22 per cent in South Darfur state). It had also noted that a vast majority of school-age children of internally displaced persons (IDPs) were not receiving an education because of inadequate facilities or because they could not afford the fees. Nomadic groups also were disadvantaged. The Committee notes the Government’s information that it has signed an agreement with the ILO–IPEC for the implementation of the project “Tackling child labour through education” (TACKLE project). The Committee further notes the Government’s information that, through this project, two workshops on child labour were conducted and a third workshop on school drop-outs will soon be conducted. However, the Committee notes that, according to the UNESCO Education for All Global Monitoring Report of 2008 (UNESCO Report), Sudan still faces massive challenges in retaining students through a complete primary‑school cycle and thus urgently needs to adopt strategies to expand access to out-of-school children and improve quality standards to retain them once they are enrolled. It also observes that, while there are no statistics on the enrolment rates at the primary level available, the gross enrolment rate at the secondary level is of only 34 per cent. Considering that free and compulsory education is one of the effective means of combating child labour, the Committee requests the Government to redouble its efforts to improve the functioning of the education system, in particular by increasing school enrolment and attendance rates among children under 15 years of age at the primary as well as the secondary level. It requests the Government to provide information on the concrete measures taken in this regard and on the results achieved. It also requests the Government to provide information on the impact of the ILO–IPEC TACKLE project in increasing the school enrolment rates and reducing the drop-out rates.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee had previously noted the Government’s indication that the draft Labour Act provides for the protection of working children by prohibiting their employment in hazardous work until they reach the age of 18 years. The Committee notes the Government’s statement that the draft Labour Act is in the process of adoption by the competent legislative authority. The Committee expresses the firm hope that the draft Labour Code, which fixes the minimum age for hazardous work at 18 years, will soon be adopted. It requests the Government to provide information on any progress made in this regard.

Article 3, paragraph 2. Determination of hazardous work. In its previous comments, the Committee had noted the Government’s indication that a tripartite committee had drawn up a list of 55 types of occupations in which the employment of children under 18 years is prohibited. It had also noted the Government’s information that this list shall be approved by the competent authorities and shall be annexed to the new Labour Act. Noting the absence of information in the Government’s report, the Committee requests the Government to take immediate measures to ensure that the draft list of types of hazardous work is adopted as a matter of urgency. It requests the Government to provide a copy of this draft list as soon as it has been adopted.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee had previously noted that the draft list of types of hazardous work supplied by the Government contains some types of hazardous work which can be performed by children aged 17 years. The Committee notes the Government’s statement that according to the provisions of the draft Labour Act an exemption to the minimum age for hazardous work is allowed for children of 16 years of age provided that the health and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide a copy of the relevant provisions of the draft Labour Act, once it has been adopted.

Article 6. Vocational training and apprenticeship. The Committee had previously noted that according to the provisions of subsection (4) of section 21 of the Labour Act children between 12 and 14 years of age are allowed to take part in apprenticeship programmes. In this regard, the Committee had reminded the Government that Article 6 of the Convention fixes a minimum age of 14 years for work done in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. Noting the absence of information in the Government’s report on this matter, the Committee once again requests the Government to take the necessary steps to bring the relevant provisions of the Labour Act into line with the Convention in order to ensure that no child under 14 years undertakes an apprenticeship programme.

Article 7. Light work. The Committee had previously noted the Government’s information that there is nothing in Sudanese legislation that allows children to benefit from the exceptions authorized by this Article and that, in practice, no light work activities were undertaken. The Committee nonetheless had observed that, according to the ILO Economically Active Population Survey, 1997, quite a number of children under 14 years were economically active in some way or another. It had also noted that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.190, 9 October 2002, paragraph 63), expressed its concern at the situation of many children, including children under 15 years, who regularly worked, as well as at the intensity of work demands placed upon children, which prevented many of them from attending school. It had recalled that Article 7(1) and (4) of the Convention provides that national laws or regulations may permit children over 12 years of age to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee had also recalled that, according to Article 7(3) of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons above 12 years of age.

Article 9, paragraph 3. Keeping of registers by employers. In its previous comments, the Committee had noted that section 24 of the Labour Act requires employers to fix in a conspicuous place in the workplace a copy of the regulations concerning the employment of children provided for in this Act, and a list showing the hours of work and rest period. It had, noted however, that there appears to be no provision which provides for registers to be kept by the employer containing the names and ages of persons who work with him/her and who are less than 18 years of age. The Committee had recalled that Article 9(3) of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents which shall be kept and made available by the employer, and establishes that such registers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures to ensure that all employers, regardless of the number of persons they employ, keep a register indicating the name and age or date of birth, duly certified whenever possible, of persons whom they employ or who work for them and who are less than 18 years of age.

Parts III and V of the report form. Labour inspectorate and application of the Convention in practice. The Committee had previously noted the Government’s information that efforts are being deployed to strengthen the labour inspectorate at the central and provincial levels, which include child labour inspections and training of inspectors. However, it had noted the Government’s information that there are obstacles such as the weak labour inspectorate, and the lack of financial resources to carry out the necessary research, studies and statistics. It had also noted that, according to the information available at the Office, child labour is a serious problem in Sudan. Young children work in factories, and severe poverty had produced widespread child labour in the informal sector and rural farming economy. Child labour exists particularly in the Sudan People’s Liberation Movement/army areas, particularly in the agricultural sectors. It had further noted the Government’s statement under Convention No. 81 on the reinforcement of the human and material resources of existing labour offices and the establishment of new labour offices with the necessary personnel and equipment in the south of the country and in other regions affected by the civil war, and that it had established a Federal Labour Statistics and Information Centre for the compilation and publication of regular reports, including labour inspection reports. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the measures taken to give labour inspectors the means to ensure the effective supervision of the provisions of this Convention. It also requests the Government to provide information on the manner in which the Convention is applied in Sudan and any practical difficulties encountered in the application of the Convention, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children.