Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Sudan (Ratification: 1970)

Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s statement that sexual harassment is not found in traditional culture or in practice and that measures to be taken in this respect will focus on applying section 53 of the Labour Code of 1997. The Committee recalls that section 53(f) of the Labour Code provides that the employer may terminate the worker’s contract without notice “if he commits an offence against morals in the working place”. Noting that section 53(f) of the Labour Code of 1997 does not refer explicitly to sexual harassment nor provide for any definition thereof, the Committee once again requests the Government to provide information on the application of this provision by the courts. The Committee further asks the Government to consider including in the Labour Code specific provisions defining and prohibiting sexual harassment at work. The Government is also requested to provide information on the progress made with respect to the adoption of the Southern Sudan draft Labour Act which contains provisions defining both quid pro quo and hostile environment sexual harassment. Please also provide information on any practical measures taken to prevent and address sexual harassment, including the role of the social partners.

Discrimination based on sex. Employment restrictions. With respect to the Passports and Immigration Act, 1970, which restricts women’s mobility, the Committee notes the Government’s statement that measures have been taken to repeal the provisions concerned but they were still to be approved by the National Assembly. The Committee requests the Government to provide a copy of the draft legislation repealing the provisions of the Passports and Immigration Act, 1970, restricting women’s mobility and hopes that the Government will soon be in a position to report progress with respect to its adoption by the National Assembly. Recalling its previous comments on the negative impact that the Public Order Act, 1996, may have on women’s free choice of employment and occupation, the Committee also requests the Government to provide information on the measures taken to amend this Act with a view to eliminating discrimination against women in employment and occupation.

Article 2. Equality between men and women. The Committee notes from the Government’s report that measures have been taken under articles 15(2) and 32 of the Interim Constitution of Sudan to promote equal opportunity and treatment for men and women in employment and occupation, such as the allocation to women of 25 per cent of seats of the National Assembly and the nomination of women as advisers for parliamentary and legal affairs to the President’s office. According to the Government, women constitute the majority of students in universities and in the teaching professions and the number of female students is equal to the number of male students at the level of basic and preparatory school. It further states that several women occupy high positions in the private sector, such as director of a bank or a company. Noting from the Government’s report that information on the actual employment and occupation situation of men and women in the formal and informal economies, and their participation levels in education and vocational training will be provided when made available by the Federation of Employers and universities, the Committee asks the Government to take the necessary steps to collect and analyse these data in order to be able to assess the implementation of the principle of gender equality in education, employment and occupation in practice, and to provide these statistics in its next report.

Equal access to the civil service. In its previous comments, the Committee pointed out that equality between men and women in employment could only be achieved if women are given genuine opportunities to access occupations on an equal footing with men, including higher level positions and jobs with opportunities for promotion and occupations where men have been traditionally in the majority. In its report, the Government indicates that several women have been appointed to high-level positions in the public service, such as minister, advisor or head of unit. The Committee notes the Government’s statement that more than 40 per cent of the positions at the Council of Ministers are allocated to employees from Darfur and southern Sudan and that 20 per cent of the positions in the north are allocated to persons from southern Sudan. It further notes that, under section 18 of the Civil Service Act, a National Selection Committee as well as provincial selection committees have been established in order to deal with advertisement of vacant positions and recruitment of candidates. The Committee requests the Government to indicate how the national and provincial selection committees ensure that the recruitment process is free from discrimination based on the grounds prohibited under the Convention. It further requests the Government to continue to provide information on concrete measures taken to promote equal access of women and members of minority groups to the civil service and the impact thereof. Please also provide any statistical data available showing the ratio of men and women, as well as members of minority groups, in the various ministries and administrations, at all the different levels of the civil service.

Article 3. Measures to implement the national policy on equality of opportunity and treatment. The Committee notes the Government’s statement that it undertakes consultations with the Federal Committee of Manpower, the Ministry of Education, the High Council of Vocational Training and the Ministry of Social Welfare and Social Security. It further states that five vocational training centres have recently been inaugurated. The Committee asks the Government to provide information on the consultations held in so far as they relate to the implementation of the Convention and their outcomes. With reference to its previous comments, the Committee once again asks the Government to take proactive measures to promote equality of opportunity and treatment in employment and occupation in the framework of a national policy, and ensure that no inequalities exist nor discrimination is practised on any of the grounds set out in the Convention.

Labour inspection. The Committee requests the Government to provide information on any activities carried out by the labour inspectors with a view to raising awareness among workers and employers of the principle of equality and enforcing the anti-discrimination provisions of the Labour Code. Please also provide information on any infringements identified, complaints received, remedies provided and sanctions imposed, including any relevant extracts of labour inspection reports.