Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Sudan (Ratification: 1970)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Parts I and II of the Convention. Improvement of standards of living. In its 2014 direct request, the Committee requested the Government to provide information on the manner in which the implementation of the poverty reduction strategy has contributed to pursuit of the objectives of the Convention, as well as to provide statistics on the improvement of standards of living, particularly in respect of housing, clothing, medical care and education (Article 5 of the Convention). The Government reports that the Ministry of Security and Social Development, through the Commission of Social Security and Poverty Reduction, began its work on poverty reduction in 2016, in coordination with other relevant ministries, the social partners, civil society organizations and donors. Its objective is to achieve social safety to help families trapped in the poverty cycle, focusing on their ability to earn a living, access to water, school, nutrition and community awareness. The Government indicates that a number of schools were established in the capital and in the provinces (wilyaat) and school meals were provided free of charge to numerous students. It adds that a number of new housing complexes were built for poor families, orphans and widows, in addition to new homes for old-age pensioners. With regard to health, the Government indicates that the Al Zakat Diwan Foundation contributes to access to treatment for poor families, students and orphans, paying their health insurance and social security contributions. The Committee notes that, according to the 2018 report of the International Policy Centre for inclusive growth Zakat resources fund about 87 per cent of the Government social safety net interventions in Sudan. In addition, a direct monthly monetary payment is made directly to poor families in certain wilyaat to ensure them a better living. The Government also reports that many wells have been dug in different wilyaat to reduce thirst and provide stability to travellers. The Social Security and Poverty Reduction Commission and the Family Bank have entered into a Memorandum of Understanding to establish business incubators aimed at reducing poverty. The Government also reports that the Family Bank and the Savings Bank have provided financing for small projects for the benefit of poor families, students and graduates, while the African Development Bank has financed several agricultural and livestock projects for small farmers and herders. About 77,987 graduates were trained and the Graduate Support Fund has funded projects for 12,117 graduates. The Committee invites the Government to continue to provide detailed, updated information indicating how the implementation of the poverty reduction strategy has contributed to attaining the objectives of the Convention. It also requests the Government to include updated statistics in its next report on the improvement of standards of living, in particular with regard to housing, clothing, medical care and education (Article 5 of the Convention). The Committee requests the Government to provide more detailed information on the structure, functioning and impact of the Al-Zakat Diwan Foundation.

Article 12. Remuneration of workers. The Government reports that the new Labour Code has not yet been authorized, but that it will contain the provisions of Article 12 of the Convention. The Committee expresses the firm hope that the Government will take the necessary steps without delay to bring the new provisions of the Labour Code into conformity with the provisions of Article 12. The Committee once again requests the Government to indicate any progress made through collective agreements, court decisions or administrative decisions to give full effect to Article 12(2) and (3).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Parts I and II of the Convention. Improvement of standards of living. In reply to the previous comments, the Government indicates in a report received in November 2013 that it aims to prepare a National Poverty Reduction Strategy Paper for the country. The Central Bureau of Statistics carried out a National Baseline Household Survey in 2009 which provided information on many welfare-related aspects. The Government also indicates that the Zakat Chamber (Diwan El Zakat) supports poor families through production means so as to provide them with a decent income. The Committee understands that a Labour Force Survey (LFS) was conducted in 2012 with the assistance of the ILO. The Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122), and invites the Government to indicate in its next report on the Convention how the implementation of the poverty reduction strategy has enabled the pursuit of the objectives of the Convention, which provides, in Article 1, that “all policies shall be primarily directed to the well-being and development of the population”. It also requests the Government to include statistics on the improvement of standards of living, in particular with regard to housing, clothing, medical care and education (Article 5 of the Convention).

Part IV. Remuneration of workers. Advances on wages. The Government states that the new Labour Code has not yet been adopted by Parliament. The Committee reiterates its hope that the Government will take the necessary steps to bring the new provisions of the Labour Code into conformity with the provisions of Article 12. Referring to its previous comments, the Committee once again requests the Government to indicate any progress made through collective agreements, court decisions or administrative decisions to give full effect to Article 12(2) and (3).

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2009 direct request, which read as follows:

Repetition

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in December 2008. The Committee refers to the information provided in the Government’s report concerning the application of the Employment Policy Convention, 1964 (No. 122), in which it indicates that an economic development strategy has been devised for the period 2007–31, providing a framework for the 2007–11 five-year plan which sets the reduction of poverty as the essential objective of the national policy for the improvement of standards of living. The Committee notes the indications that the Government envisages a 50 per cent reduction in the poverty rate in the first 15 years and an 80 per cent reduction by the end of the strategy, as well as a 7 per cent increase in the annual growth rate. The Committee requests the Government to indicate in its next report on Convention No. 117 how the implementation of the poverty reduction strategy has enabled the pursuit of the objectives of the Convention, which provides, in Articles 1 and 2, that “all policies shall be primarily directed to the well-being and development of the population”. It also requests the Government to include statistics on the improvement of standards of living, in particular with regard to housing, clothing, medical care and education (Article 5 of the Convention).

Part IV. Remuneration of workers. Advances on wages. The Government recalls that section 37(1)(a) of the Labour Code provides that employers shall not receive interest on advances on wages but that it is nonetheless possible for employers to receive a small percentage of the costs relating to these advances and that this provision is in the process of being revised by the draft new Labour Code. The Government also indicates that no maximum amount has been set for the advances which may be made by employers. The Committee hopes that the Government will take the necessary steps to bring the new provisions of the Labour Code into conformity with the provisions of Article 12. Referring to its previous comments, the Committee once again requests the Government to indicate any progress made through collective agreements, court decisions or administrative decisions to give full effect to Article 12(2) and (3).

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

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in December 2008. The Committee refers to the information provided in the Government’s report concerning the application of the Employment Policy Convention, 1964 (No. 122), in which it indicates that an economic development strategy has been devised for the period 2007–31, providing a framework for the 2007–11 five-year plan which sets the reduction of poverty as the essential objective of the national policy for the improvement of standards of living. The Committee notes the indications that the Government envisages a 50 per cent reduction in the poverty rate in the first 15 years and an 80 per cent reduction by the end of the strategy, as well as a 7 per cent increase in the annual growth rate. The Committee requests the Government to indicate in its next report on Convention No. 117 how the implementation of the poverty reduction strategy has enabled the pursuit of the objectives of the Convention, which provides, in Articles 1 and 2, that “all policies shall be primarily directed to the well-being and development of the population”. It also requests the Government to include statistics on the improvement of standards of living, in particular with regard to housing, clothing, medical care and education (Article 5 of the Convention).

Part IV. Remuneration of workers. Advances on wages. The Government recalls that section 37(1)(a) of the Labour Code provides that employers shall not receive interest on advances on wages but that it is nonetheless possible for employers to receive a small percentage of the costs relating to these advances and that this provision is in the process of being revised by the draft new Labour Code. The Government also indicates that no maximum amount has been set for the advances which may be made by employers. The Committee hopes that the Government will take the necessary steps to bring the new provisions of the Labour Code into conformity with the provisions of Article 12. Referring to its previous comments, the Committee once again requests the Government to indicate any progress made through collective agreements, court decisions or administrative decisions to give full effect to Article 12(2) and (3).

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information supplied by the Government in November 2003 in reply to its previous comments. It further notes that the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), were ratified in March 2003 and recalls the Committee’s previous comments in which it raised concerns on a number of issues related to their application. The Committee also refers to its comments on Convention No. 122, in which it requested information on the measures taken to ensure that employment, as a key element of poverty reduction, is central to macroeconomic and social policies. The Government was also requested to inform on the status of the Poverty Reduction Strategy Papers as well as any evaluation on the impact of its programme to combat unemployment focusing on university graduates. With regard to Convention No. 117, the Committee asks the Government to include in its next report on the application of the Convention, an update on the way in which it is ensured that “the improvement of standards of living” is regarded as “the principal objective in the planning of economic development” and information on the results achieved in its fight against poverty (Article 2 of Convention No. 117).

Part IV of the Convention. Advances on wages. Remuneration of workers. The Committee recalls its previous comments on section 37(1)(b) of the Labour Code, which does not set a maximum amount of advances which may be made to workers by the employer or ensure that any advances in excess of the prescribed amount shall be legally irrecoverable, as required by paragraphs 2 and 3 of Article 12 of the Convention. The Committee notes that the Government’s report included an observation from the workers’ representatives participating in the tripartite committee established to revise the Labour Code of 1997. In considering section 37(1)(b) of the Labour Code, the workers’ representatives referred to section 74 of the Labour Code, which provides that the law shall not be interpreted in a manner which prevents employers from laying down conditions of employment which are more favourable to workers than those provided for under the Act. The Committee requests the Government to provide information in its next report on any progress made through collective agreements, court decisions or administrative decisions to give full effect to paragraphs 2 and 3 of Article 12 of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 12(2) and (3), of the Convention. The Committee notes that, in its report, the Government states that section 37(1)(b) of the Labour Code does not specify the maximum amount of advances which may be made to workers by the employer because in the tripartite committee which drafted the legislation, the workers took the view that this matter should be left to agreements concluded between workers and employers. The Government further states that it will draw the attention of the Committee revising the Labour Code to this matter. The Committee hopes that the Government will take the necessary steps to bring this provision of the Labour Code into conformity with the Convention.

The Committee again observes that the Government has not replied to the other issues raised by the Committee in its previous comment. It is therefore bound to reiterate its request concerning any advances in excess of the prescribed amount which should be legally irrecoverable, in accordance with paragraph 3 of this Article of the Convention. With regard to Article 15(2) and (3), the Committee recalls that it took note of the provisions of section 21 of the Labour Code of 1997 concerning the conditions of employment of young persons. It notes in particular that section 21(3) of the Code provides that "it shall be forbidden to employ young persons under the age of 12  years except in: (a) the State’s training schools; (b) not-for-profit training workshops; (c) jobs supervised by family members in establishments which employ no non-family members; (d) work performed under apprenticeship contracts". The Committee also notes that pursuant to the Labour Code of 1997 the Minister, his delegate or the competent authority may, in certain circumstances, be required or authorized to adopt regulations on the conditions of employment of young people. The Committee asks the Government to indicate: (i) the prescribed school-leaving age; and (ii) to what extent measures have been taken to prohibit the employment during school hours of young people who have not reached the prescribed school-leaving age in areas where education facilities are sufficient to accommodate the majority of children of school age. The Committee asks the Government to provide with its next report a copy of any regulations adopted on the conditions of employment of young people.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government. It draws the Government’s attention to the following points.

Article 12(2) and (3), of the Convention. The Committee notes that, in its report, the Government states that section 37(1)(b) of the Labour Code does not specify the maximum amount of advances which may be made to workers by the employer because in the tripartite committee which drafted the legislation, the workers took the view that this matter should be left to agreements concluded between workers and employers. The Government further states that it will draw the attention of the committee revising the Labour Code to this matter. The Committee hopes that the Government will take the necessary steps to bring this provision of the Labour Code into conformity with the Convention.

The Committee again observes that the Government has not replied to the other issues raised by the Committee in its previous comment. It is therefore bound to reiterate its request concerning any advances in excess of the prescribed amount which should be legally irrecoverable, in accordance with paragraph 3 of this Article of the Convention. With regard to Article 15(2) and (3), the Committee recalls that it took note of the provisions of section 21 of the Labour Code of 1997 concerning the conditions of employment of young persons. It notes in particular that section 21(3) of the Code provides that "it shall be forbidden to employ young persons under the age of 12 years except in: (a) the State’s training schools; (b) not-for-profit training workshops; (c) jobs supervised by family members in establishments which employ no non-family members; (d) work performed under apprenticeship contracts". The Committee also notes that pursuant to the Labour Code of 1997 the Minister, his delegate or the competent authority may, in certain circumstances, be required or authorized to adopt regulations on the conditions of employment of young people. The Committee asks the Government to indicate: (i) the prescribed school-leaving age; and (ii) to what extent measures have been taken to prohibit the employment during school hours of young people who have not reached the prescribed school-leaving age in areas where education facilities are sufficient to accommodate the majority of children of school age. The Committee asks the Government to provide with its next report a copy of any regulations adopted on the conditions of employment of young people.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the concise information provided in the Government's report in reply to its previous comments. It also notes the new Labour Code adopted in 1997. However, the Committee notes that, notwithstanding its previous requests, the Government did not take advantage of the legislative reviews to ensure full legislative compliance with the Convention.

Article 12, paragraphs 2 and 3, of the Convention. The Committee notes that the 1997 Labour Code repeals the Individual Labour Relations Act of 1981. However, it notes that the new Labour Code, as the Act of 1981, only provides for the modality for reimbursement (section 37(1)(b)), and does neither set a maximum amount of advances which may be made to workers by the employer, nor ensure that any advances in excess of the prescribed amount shall be legally irrecoverable. The Committee wishes to point out that the provisions of section 37 of the 1997 Labour Code are insufficient to fulfil the requirements of Article 12 of the Convention. It recalls that this Article provides that, in addition to the manner of repayment of advances on wages, the maximum amounts of advances on wages, including those which may be made to a worker in consideration of his taking up employment shall be regulated by the competent authority (paragraph 2). Moreover, this authority shall make legally irrecoverable any advance made in excess of the amount laid down (paragraph 3).

Given that these points have been raised in its comments since 1984, the Committee hopes that the Government will take in the near future measures to give full effect to these provisions of the Convention.

Article 15, paragraphs 2 and 3. The Committee notes the provisions of section 21 of the 1997 Labour Code concerning the conditions of employment of young persons. It notes in particular that section 21(3) of this Code provides that "it shall be forbidden to employ young persons under the age of 12, except in: (a) the State's training schools; (b) non-profitable training workshops; (c) jobs supervised by his family members in establishments which do not employ other persons; (e) jobs performed under apprenticeship contracts". The Committee also notes that according to the 1997 Labour Code, the Minister, his delegate or the competent authority is in certain respects required or empowered to adopt regulations concerning conditions of employment of young people. The Committee requests the Government to indicate: (i) the prescribed school-leaving age, and (ii) to what extent measures have been taken to prohibit the employment of persons below the school-leaving age during the hours when the schools are in session in areas where educational facilities are provided on a scale adequate for the majority of the children of school age. The Committee also requests the Government to forward in its next report a copy of any regulations that may have been adopted regarding the conditions of employment of young people.

[The Government is asked to report in detail in 2001]

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 8 of the Convention. The Committee notes the information supplied by the Government concerning several agreements which Sudan has concluded with foreign countries so as to ensure that Sudanese workers enjoy protection and advantages not less than those enjoyed by national workers in the country where they work and to facilitate the remittance of the income, including a copy of the agreement concerning social security concluded with the Libyan Arab Jamahiriya. The Committee asks the Government to continue to provide information on such agreements.

Article 12, paragraphs 1 and 2. The Committee notes the Government's indication that problems do not arise concerning the granting of advances and their maximum amount is linked to the maximum provided for in the collective agreements. The Committee notes that, while the Labour Relations Act of 1981 provides for the modality of reimbursement, it does not set a maximum amount of advances which may be made to workers by the employer, as required by these paragraphs. The Committee points out that by ratifying this Convention, the State accepted, among other obligations, the one under this Article that such amounts should be regulated by the competent authority. It therefore requests the Government to indicate the measures that have been taken or are contemplated in this respect.

Article 12, paragraph 3. The Committee hopes that when the Government fixes the maximum amount of advances, it will also take measures to ensure that any advance in excess of the prescribed amount shall be legally irrecoverable.

Article 15, paragraph 2. The Committee notes the Government's reference to the special laws governing the categories of workers who are excluded from the minimum age for employment. It also notes that work is currently under way to revise and consolidate all the laws related to the protection and care of children. The Committee requests the Government to provide copies of any such laws.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 8 of the Convention. The Committee notes the information supplied by the Government concerning the provisions of the agreement concluded with the Government of the Libyan Arab Jamahiriya. The Committee asks the Government to indicate whether the social security agreement provided for in article 8 of the above-mentioned agreement has been concluded and, if so, to provide a copy of it. Furthermore, the Committee asks the Government to send copies of the various agreements concluded with Egypt, or specific examples of the clauses in these agreements that ensure that Sudanese workers enjoy protection and advantages not less than those enjoyed by national workers in the country where they work. Please also indicate any other countries with which Sudan has concluded such agreements.

Article 12, paragraphs 1 and 2. The Committee recalls that it pointed out that the Act of 1981 does not set a maximum amount of advances which may be made to workers by employers as required by these paragraphs. Please indicate the measures that have been taken or are contemplated in this respect (for example, to include the necessary provisions in the regulations issued under this Act).

Article 12, paragraph 3. The Committee notes that the Government considers that the provisions of section 14(3) give effect to this provision of the Convention; however, as the Committee has already indicated, section 14(3) provides that no court of justice is empowered to rule on a suit by an employer against a worker with a view to the reimbursement of an advance which has been made, unless there is a written contract for the advance. In view of the fact that this Article of the Convention provides that any advance in excess of the amount laid down by the competent authority shall be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the worker at a later date, this provision of the Act does not meet the requirements of the Convention. Consequently, the Committee hopes that when the Government fixes the maximum amount of advances it will also take measures to ensure that any advance in excess of the amount shall be legally irrecoverable.

The Committee also recalls that it indicated that the Labour Relations Act of 1981 does not apply to all workers, the principal exception being workers engaged in agriculture. The Committee refers to the comments it has made on this matter in 1991 in connection with the Protection of Wages Convention, 1949 (No. 95), and again expresses the hope that, in the near future, it will be possible to ensure protection of the wages of these workers.

Article 13, paragraph 2. The Committee notes the explanations supplied by the Government.

Article 15, paragraph 2. The Committee notes that the Government indicates in its report that it is not in a position to enact a law establishing minimum wages for the categories not covered by the legislation. The Committee recalls that it expressed the hope that the Government would, in the near future, be able to lay down a minimum age for employment in sectors not covered by the Labour Relations Act of 1981. Furthermore, the Committee noted that the Minister is required or empowered to adopt regulations governing the conditions of work of young people in certain areas. The Committee again expresses the hope that the Government will be able to provide copies of any such regulations with its next report.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Article 8 of the Convention. The Committee notes the information communicated by the Government on the agreements concluded with the Libyan Arab Jamahiriya and with Egypt concerning Sudanese migrant workers. It would be grateful if the Government would communicate copies of the agreements concluded with Egypt, or examples of clauses in these agreements which ensure that Sudanese workers enjoy protection and advantages not less than those enjoyed by national workers in the country where they work.

Article 12, paragraphs 1 and 2. The Committee recalls that it noted with interest that section 14 of the Labour Relations Act of 1981 provides that the employer may make the worker advances on his salary, under certain conditions, and sets a limit on the amount of deductions from salary payments which may be made to repay such advances. However, the 1981 Act does not set a maximum amount for such advances as required by these paragraphs. Please indicate what measures have been taken or are contemplated in this regard (for instance, to include the necessary provisions in regulations adopted under the Act).

Article 12, paragraph 3. The Committee had noted that no court was empowered to rule on a suit by an employer against a worker with a view to the reimbursement of an advance which has been made, unless there was a written contract for the advance. As this does not meet the requirements of this provision, the Committee hopes that the Government will, when it fixes the maximum amount of advances, also take measures to make any advance in excess of this amount legally irrecoverable.

The Committee had noted also that the Labour Relations Act of 1981 does not apply to all the workers covered by the Convention, the principal exception being workers engaged in agriculture. The Committee refers in this connection to the comments it made in 1984 under the Protection of Wages Convention, 1949 (No. 95), and again expresses the hope that it will be possible in the near future to provide protection for the wages earned by these workers.

Article 13, paragraph 2. As previously requested, please provide information on any measures which may have been taken or be under consideration to supervise the operations of money-lenders, as is required by this Article.

Article 15, paragraph 2. The Committee recalls the adoption of a minimum age for employment, by section 27(1) of the Labour Relations Act of 1981, in the sectors of the economy covered by that Act. It also notes that a number of provisions are included on the conditions of work of young people. The Committee hopes that the Government will in the near future be able to lay down a minimum age for employment in sectors not covered by the Act. With regard to conditions of employment of young people, it notes that the Minister is required or empowered to adopt regulations in certain respects. Please forward copies with the next report of any regulations which may have been adopted in this connection.