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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3(2). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7 of the Convention. Light work. In its previous comments, the Committee noted that section 7 of the Child Act of 2010 permits exceptions to the minimum age of 14 for admission to work, for children working in agricultural work and in grazing. It observed however that the legislation did not specify a lower minimum age for these activities. The Committee therefore requested the Government to take the necessary measures to ensure that a minimum age of 12 years is established for any of the types of work permitted under the minimum age of 14 years.

The Committee notes the Government’s information in its report that children under the age of 12 years may not be employed. It notes that pursuant to section 21 of the Labour Code of 1997, children between 12 and 15 years of age are allowed to perform work. The Committee observes that the above provisions may be construed in a broad sense so as to apply to work other than light work. In this regard, the Committee recalls 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 also recalls that, according to Article 7(3) of the Convention, the competent authority shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore requests the Government indicate the measures taken or envisaged to ensure that children between 12 and 14 years are permitted to undertake only light work activities. In this regard, the Committee requests the Government to determine the number of hours during which, and the conditions in which, such work may be undertaken by children between 12 and 14 years, in conformity with Article 7(3) of the Convention. It requests the Government to provide information on the progress made in this respect.

Article 9(3). Keeping of registers by employers. In its previous comments, the Committee noted that there appeared to be no requirement for employers to keep registers containing the names and ages of persons who work for them and who are less than 18 years of age. It also noted the Government’s statement that this issue may be resolved within the plan of the labour inspection department.

The Committee notes the Government’s reference to section 24 of the Labour Code which 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 periods. The Government further indicates that section 64 of the Labour Code provides that the workers’ data shall be kept. The Committee once again recalls that Article 9(3) of the Convention requires the employers to keep registers or other documents containing the names and ages or dates of birth of the employees under 18 years of age. The Committee requests the Government to indicate whether the workers’ data to be kept under section 64 of the Labour Code includes information such as the name, age or date of births of young workers under 18 years of age whom they employ.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2(1) of the Convention. Scope of application, labour inspectorate and application of the Convention in practice. In its previous comments, the Committee noted the Government’s indication that efforts by the State bodies in collaboration with civil society organizations were ongoing to tackle the phenomenon of child labour. It also noted the establishment of Family and Child Police Protection Units to monitor child labour as well as the development of special labour inspection programmes in the informal and the agricultural economy. The Committee requested the Government to provide information on the measures taken in collaboration with the civil society organizations to ensure the elimination of child labour; the actions taken by the labour inspection to investigate and monitor child labour, particularly in the informal economy; and on the measures taken by the Family and Child Police Protection Units to monitor child labour.

The Committee notes the Government’s information in its report that the civil society organizations are actively involved in celebrating the International day for Protection of Children, annually. The Government also indicates that the Family and Child Police Protection Units are entrusted to adopt programmes and activities for the protection of family and children from all forms of violations which are in accordance with the existing legislation and obligations under the international and regional conventions. The Government further indicates that an action plan for the management of inspections relating to the monitoring of child labour has been formulated and is awaiting implementation.

The Committee notes the statistical information provided by the Government concerning the percentage of children between the ages of 5-17 years involved in child labour in each of the states. Accordingly, the state of East Darfur indicates the highest percentage with 49.4 per cent, followed by South Darfur, Central Darfur, South Kordofan and Blue Nile with 48.2 per cent, 45.1 per cent, 41.4 per cent and 38.1 per cent, respectively as compared to the state of Khartum with 7.5 per cent. In this regard, the Committee notes from the ILO publication of 2019 entitled, Child Labour in the Arab Region: A Quantitative and Qualitative Analysis that Sudan is one of the countries across the Arab region showing the highest rates of child labour with 12.6 per cent among children aged 5–14 years. Among children aged 5–14 years, 18.1 per cent are involved in paid non-family work, 19.9 per cent in self-employment and 62 per cent in unpaid family work with agriculture being the predominant sector of activity (67.5 per cent), followed by the service sector (23.4 per cent) and the industrial sector (9.1 per cent). While noting the measures taken by the Government, the Committee must express its concern at the significant number of children below the minimum age who are involved in child labour in Sudan. The Committee urges the Government to intensify its efforts to ensure the progressive elimination of child labour, with particular focus on the States of South Darfur, Central Darfur, South Kordofan and Blue Nile. It requests the Government to provide information on the specific measures taken in this regard, including the measures taken in collaboration with the civil society organizations, and the programmes adopted by the Family and Child Police and Protection units. It also requests the Government to take the necessary measures to ensure the implementation of the action plan for the management of inspections monitoring child labour, including measures to strengthen the capacities and expand the reach of the labour inspectorate to the agricultural and informal economy where child labour is more prevalent. It requests the Government to provide information on the measures taken in this regard and the results achieved.

Article 2(3) of the Convention. Compulsory schooling. In its previous comments, the Committee requested the Government to pursue and strengthen its efforts to reduce the number of out-of-school children under 14 years of age and to provide statistical information on the results achieved.

The Committee notes the Government’s information that the European Union (EU) has been funding several programmes to improve the quality of education in eastern Sudan and the southern states and for the displaced populations, including funding for the education and vocational training projects in the states of Khartoum, Gedaref and Kassala. The Committee notes from a UNICEF report “New Horizons for Education in Sudan” of 2020 that Sudan has one of the largest numbers of out-of-school children in the Middle East and North Africa Region. An estimated over three million children, aged 5–13 years are not in school. Noting with concern that a high number of children under 14 years are out-of-school in Sudan, the Committee urges the Government to strengthen its efforts to improve the functioning of the education system thereby reducing the number of out-of-school children. It also requests the Government to provide information on the measures taken in this regard, including information on the EU funded programmes, and the statistical information on the results achieved, particularly with respect to increasing the school enrolment rates and reducing the drop-out rates.

The Committee is raising other matters in a request addressed directly to the Government.

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 3(2). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7 of the Convention. Light work.  In its previous comments, the Committee noted that section 7 of the Child Act of 2010 permits exceptions to the minimum age of 14 for admission to work, for children working in agricultural work and in grazing. It observed however that the legislation did not specify a lower minimum age for these activities. The Committee therefore requested the Government to take the necessary measures to ensure that a minimum age of 12 years is established for any of the types of work permitted under the minimum age of 14 years.

The Committee notes the Government’s information in its report that children under the age of 12 years may not be employed. It notes that pursuant to section 21 of the Labour Code of 1997, children between 12 and 15 years of age are allowed to perform work. The Committee observes that the above provisions may be construed in a broad sense so as to apply to work other than light work. In this regard, the Committee recalls 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 also recalls that, according to Article 7(3) of the Convention, the competent authority shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.  The Committee therefore requests the Government indicate the measures taken or envisaged to ensure that children between 12 and 14 years are permitted to undertake only light work activities. In this regard, the Committee requests the Government to determine the number of hours during which, and the conditions in which, such work may be undertaken by children between 12 and 14 years, in conformity with Article 7(3) of the Convention. It requests the Government to provide information on the progress made in this respect.

Article 9(3). Keeping of registers by employers.  In its previous comments, the Committee noted that there appeared to be no requirement for employers to keep registers containing the names and ages of persons who work for them and who are less than 18 years of age. It also noted the Government’s statement that this issue may be resolved within the plan of the labour inspection department.

The Committee notes the Government’s reference to section 24 of the Labour Code which 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 periods. The Government further indicates that section 64 of the Labour Code provides that the workers’ data shall be kept. The Committee once again recalls that Article 9(3) of the Convention requires the employers to keep registers or other documents containing the names and ages or dates of birth of the employees under 18 years of age. The Committee requests the Government to indicate whether the workers’ data to be kept under section 64 of the Labour Code includes information such as the name, age or date of births of young workers under 18 years of age whom they employ.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 2(1) of the Convention. Scope of application, labour inspectorate and application of the Convention in practice. In its previous comments, the Committee noted the Government’s indication that efforts by the State bodies in collaboration with civil society organizations were ongoing to tackle the phenomenon of child labour. It also noted the establishment of Family and Child Police Protection Units to monitor child labour as well as the development of special labour inspection programmes in the informal and the agricultural economy. The Committee requested the Government to provide information on the measures taken in collaboration with the civil society organizations to ensure the elimination of child labour; the actions taken by the labour inspection to investigate and monitor child labour, particularly in the informal economy; and on the measures taken by the Family and Child Police Protection Units to monitor child labour.

The Committee notes the Government’s information in its report that the civil society organizations are actively involved in celebrating the International day for Protection of Children, annually. The Government also indicates that the Family and Child Police Protection Units are entrusted to adopt programmes and activities for the protection of family and children from all forms of violations which are in accordance with the existing legislation and obligations under the international and regional conventions. The Government further indicates that an action plan for the management of inspections relating to the monitoring of child labour has been formulated and is awaiting implementation.

The Committee notes the statistical information provided by the Government concerning the percentage of children between the ages of 5-17 years involved in child labour in each of the states. Accordingly, the state of East Darfur indicates the highest percentage with 49.4 per cent, followed by South Darfur, Central Darfur, South Kordofan and Blue Nile with 48.2 per cent, 45.1 per cent, 41.4 per cent and 38.1 per cent, respectively as compared to the state of Khartum with 7.5 per cent. In this regard, the Committee notes from the ILO publication of 2019 entitled, Child Labour in the Arab Region: A Quantitative and Qualitative Analysis that Sudan is one of the countries across the Arab region showing the highest rates of child labour with 12.6 per cent among children aged 5–14 years. Among children aged 5–14 years, 18.1 per cent are involved in paid non-family work, 19.9 per cent in self-employment and 62 per cent in unpaid family work with agriculture being the predominant sector of activity (67.5 per cent), followed by the service sector (23.4 per cent) and the industrial sector (9.1 per cent). While noting the measures taken by the Government, the Committee must express its concern at the significant number of children below the minimum age who are involved in child labour in Sudan. The Committee urges the Government to intensify its efforts to ensure the progressive elimination of child labour, with particular focus on the States of South Darfur, Central Darfur, South Kordofan and Blue Nile. It requests the Government to provide information on the specific measures taken in this regard, including the measures taken in collaboration with the civil society organizations, and the programmes adopted by the Family and Child Police and Protection units. It also requests the Government to take the necessary measures to ensure the implementation of the action plan for the management of inspections monitoring child labour, including measures to strengthen the capacities and expand the reach of the labour inspectorate to the agricultural and informal economy where child labour is more prevalent. It requests the Government to provide information on the measures taken in this regard and the results achieved.

Article 2(3) of the Convention. Compulsory schooling. In its previous comments, the Committee requested the Government to pursue and strengthen its efforts to reduce the number of out-of-school children under 14 years of age and to provide statistical information on the results achieved.

The Committee notes the Government’s information that the European Union (EU) has been funding several programmes to improve the quality of education in eastern Sudan and the southern states and for the displaced populations, including funding for the education and vocational training projects in the states of Khartoum, Gedaref and Kassala. The Committee notes from a UNICEF report “New Horizons for Education in Sudan” of 2020 that Sudan has one of the largest numbers of out-of-school children in the Middle East and North Africa Region. An estimated over three million children, aged 5–13 years are not in school. Noting with concern that a high number of children under 14 years are out-of-school in Sudan, the Committee urges the Government to strengthen its efforts to improve the functioning of the education system thereby reducing the number of out-of-school children. It also requests the Government to provide information on the measures taken in this regard, including information on the EU funded programmes, and the statistical information on the results achieved, particularly with respect to increasing the school enrolment rates and reducing the drop-out rates.

The Committee is raising other matters in a request directly addressed to the Government.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(1) of the Convention. Scope of application, labour inspectorate and application of the Convention in practice. In its earlier comments, the Committee noted the difficult situation prevailing in the country. It requested the Government to reinforce its efforts, including through collaboration with ILO–IPEC, to ensure the progressive elimination of child labour.

The Committee notes the Government’s indication in its report that, there are ongoing efforts being deployed by all bodies in the State, and work is carried out with many civil society organizations to tackle the phenomenon of child labour. The Committee also notes that the ILO-IPEC programme came to an end in 2013. The Government further indicates that a special programme on labour inspection has been developed to carry out what is required in the informal and in the agricultural economy. Moreover, since 2006, Family and Child Police Protection Units have been established along with Child Courts in order to monitor child labour. The Committee requests the Government to provide information on the measures taken in collaboration with the civil society organizations to ensure the elimination of child labour, as well as the actions taken by the labour inspection to investigate and monitor child labour, particularly in the informal economy. Lastly, the Committee requests the Government to indicate the measures taken by the Family and Child Police Protection Units along with the Child Courts to monitor child labour.

Article 2(3). Compulsory schooling. The Committee had previously requested the Government to strengthen its efforts to reduce the number of out-of-school children under 14 years of age.

The Committee notes the Government’s indication that free and compulsory education is included in educational policies since the organization of the first Conference on educational policies. The Government also indicates that according to the data of the Ministry of Public Education the school enrolment rates increased from 57.5 per cent to 73 per cent during the period from 2000–15. Moreover, basic education through the expedited education programme was provided to more than 10,800 school children, and an educational and rehabilitation programme targeting children from 9 to 14 years of age who were not enrolled in school and who dropped out of school before completing compulsory education, was formulated in their local environments. Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests that the Government pursue and strengthen its efforts to reduce the number of out-of-school children under 14 years of age. The Committee also requests that the Government provide statistical information on the results achieved, particularly with respect to increasing the school enrolment rates and reducing the drop-out rates.

Article 7. Light work. In its previous comments, the Committee noted that section 7 of the Child Act of 2010 permits exceptions to the minimum age of 14 for admission to work, for children working in agricultural work and in grazing. It observed however that the legislation does not specify a lower minimum age for these activities.

The Committee notes the Government’s indication that it will send information on the measures taken with regard to light work in agriculture. The Committee recalls 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 also recalls that, according to Article 7(3) of the Convention, the competent authority shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting that the Child Act of 2010 permits exceptions to the minimum age for agricultural work and grazing, the Committee once again requests that the Government take the necessary measures to ensure that a minimum age of 12 years is established for any of the types of work permitted under the minimum age of 14 years. It also requests that the Government take the necessary measures to determine the number of hours during which, and the conditions in which, such light agricultural work may be undertaken, in conformity with Article 7(3) of the Convention. It requests that the Government provide information on the progress made in this respect.

Article 9(3). Keeping of registers by employers. In its previous comments, the Committee noted that there appeared to be no requirement for employers to keep registers containing the names and ages of persons who work for them and who are less than 18 years of age. It also noted the Government’s statement that this issue may be resolved within the plan of the labour inspection department.

The Committee notes an absence of information on this point in the Government’s report. The Committee recalls 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 they employ or who work for them and who are less than 18 years of age. In this regard, the Committee requests that the Government indicate the manner in which the labour inspection department monitors the obligation on employers to keep registers. It also requests that the Government indicate the measures taken to ensure that all employers 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.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3(2) of the Convention. Determination of hazardous work. In its previous comments, the Committee noted that within the framework of the ILO–IPEC project “Tackling child labour through education” (TACKLE Project), the Child Labour Unit was taking the lead on the development of the list of types of hazardous work. In January 2012, the National Steering Committee had endorsed a list of hazardous activities and the list was awaiting ministerial decree.

The Committee notes the Government’s indication in its report that a copy of the list of hazardous activities will be sent to the Committee as soon as it is adopted. The Committee recalls that, pursuant to Article 3(2) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. Noting that the Government has been referring to the adoption of the list of hazardous activities since 2006, the Committee urges the Government to take the necessary steps without delay to ensure the adoption, in the very near future, of legal provisions determining the types of hazardous work to be prohibited for persons under 18 years of age. It also requests that the Government provide a copy of the list, once adopted.

The Committee is raising other matters in a request directly addressed to the Government.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 2(1) of the Convention. Scope of application, labour inspectorate and application of the Convention in practice. In its earlier comments, the Committee noted the difficult situation prevailing in the country. It requested the Government to reinforce its efforts, including through collaboration with ILO–IPEC, to ensure the progressive elimination of child labour.

The Committee notes the Government’s indication in its report that, there are ongoing efforts being deployed by all bodies in the State, and work is carried out with many civil society organizations to tackle the phenomenon of child labour. The Committee also notes that the ILO-IPEC programme came to an end in 2013. The Government further indicates that a special programme on labour inspection has been developed to carry out what is required in the informal and in the agricultural economy. Moreover, since 2006, Family and Child Police Protection Units have been established along with Child Courts in order to monitor child labour. The Committee requests the Government to provide information on the measures taken in collaboration with the civil society organizations to ensure the elimination of child labour, as well as the actions taken by the labour inspection to investigate and monitor child labour, particularly in the informal economy. Lastly, the Committee requests the Government to indicate the measures taken by the Family and Child Police Protection Units along with the Child Courts to monitor child labour.

Article 2(3). Compulsory schooling. The Committee had previously requested the Government to strengthen its efforts to reduce the number of out-of-school children under 14 years of age.

The Committee notes the Government’s indication that free and compulsory education is included in educational policies since the organization of the first Conference on educational policies. The Government also indicates that according to the data of the Ministry of Public Education the school enrolment rates increased from 57.5 per cent to 73 per cent during the period from 2000–15. Moreover, basic education through the expedited education programme was provided to more than 10,800 school children, and an educational and rehabilitation programme targeting children from 9 to 14 years of age who were not enrolled in school and who dropped out of school before completing compulsory education, was formulated in their local environments. Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests that the Government pursue and strengthen its efforts to reduce the number of out-of-school children under 14 years of age. The Committee also requests that the Government provide statistical information on the results achieved, particularly with respect to increasing the school enrolment rates and reducing the drop-out rates.

Article 7. Light work. In its previous comments, the Committee noted that section 7 of the Child Act of 2010 permits exceptions to the minimum age of 14 for admission to work, for children working in agricultural work and in grazing. It observed however that the legislation does not specify a lower minimum age for these activities.

The Committee notes the Government’s indication that it will send information on the measures taken with regard to light work in agriculture. The Committee recalls 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 also recalls that, according to Article 7(3) of the Convention, the competent authority shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting that the Child Act of 2010 permits exceptions to the minimum age for agricultural work and grazing, the Committee once again requests that the Government take the necessary measures to ensure that a minimum age of 12 years is established for any of the types of work permitted under the minimum age of 14 years. It also requests that the Government take the necessary measures to determine the number of hours during which, and the conditions in which, such light agricultural work may be undertaken, in conformity with Article 7(3) of the Convention. It requests that the Government provide information on the progress made in this respect.

Article 9(3). Keeping of registers by employers. In its previous comments, the Committee noted that there appeared to be no requirement for employers to keep registers containing the names and ages of persons who work for them and who are less than 18 years of age. It also noted the Government’s statement that this issue may be resolved within the plan of the labour inspection department.

The Committee notes an absence of information on this point in the Government’s report. The Committee recalls 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 they employ or who work for them and who are less than 18 years of age. In this regard, the Committee requests that the Government indicate the manner in which the labour inspection department monitors the obligation on employers to keep registers. It also requests that the Government indicate the measures taken to ensure that all employers 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.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3(2) of the Convention. Determination of hazardous work. In its previous comments, the Committee noted that within the framework of the ILO–IPEC project “Tackling child labour through education” (TACKLE Project), the Child Labour Unit was taking the lead on the development of the list of types of hazardous work. In January 2012, the National Steering Committee had endorsed a list of hazardous activities and the list was awaiting ministerial decree.

The Committee notes the Government’s indication in its report that a copy of the list of hazardous activities will be sent to the Committee as soon as it is adopted. The Committee recalls that, pursuant to Article 3(2) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. Noting that the Government has been referring to the adoption of the list of hazardous activities since 2006, the Committee urges the Government to take the necessary steps without delay to ensure the adoption, in the very near future, of legal provisions determining the types of hazardous work to be prohibited for persons under 18 years of age. It also requests that the Government provide a copy of the list, once adopted.

The Committee is raising other matters in a request directly addressed to the Government.

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

Article 2(1) of the Convention. Scope of application of the Convention. The Committee previously noted that the provisions of the Child Act of 2010 concerning the minimum age and minimum age for admission to hazardous work applied to all children under 18, including domestic workers. However, it noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 1 October 2010, expressed concern that many children in Sudan are employed as domestic servants and in the informal economy (CRC/C/SDN/CO/3–4, paragraph 78). The Committee once again requests the Government to provide information on any measures taken or envisaged to ensure the application in practice of the Child Act of 2010 to children working in these sectors, including any measures taken to strengthen the capacity and expand the reach of the labour inspectorate to better monitor child labour in the informal economy.

Article 2(3). Compulsory schooling. The Committee previously noted that, pursuant to article 13(1) of the Constitution and section 28 of the Child Act of 2010, the State shall provide free and compulsory education. It observed that compulsory education lasted eight years, ending at the age of 14 years for pupils admitted at 6 years of age. However, the Committee noted the information from UNESCO indicating that the country faced massive challenges in retaining students through a complete primary school cycle, and noted the concern expressed by the CRC that many children are obliged to work outside the home in order to earn income for school fees (CRC/C/SDN/CO/3–4, paragraph 64).

The Committee notes the information from ILO–IPEC of April 2012 concerning the Tackling Child Labour through Education (TACKLE) Project that the Ministry of Education is developing a five-year education plan for the country. Within the framework of the TACKLE Project, ILO–IPEC has been working with the Ministry of Education and partners to ensure that effective education strategies to combat child labour are integrated into the plan. The Committee also notes the information in the country analysis of 2012 of the United Nations country team that while there was an increase in the primary enrolment rate in Sudan from 65 per cent in 2004 to 72 per cent in 2010, 3.3 million children remain out of school. Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to pursue and strengthen its efforts to improve the functioning of the education system, in particular by reducing the number of out-of-school children under 14 years of age. It requests the Government to provide information on the concrete measures taken in this regard, including through the five-year education plan, and on the results achieved, particularly with respect to increasing the school enrolment rates and reducing the drop-out rates.

Article 3(2). Determination of hazardous work. The Committee previously noted that section 37 of the Child Act of 2010 specifies that the Minister of Labour or his delegate may determine the types of work or industries which constitute hazardous work. In this regard, the Government indicated that a list of hazardous types of work prohibited for persons under 18 years of age had been prepared, and discussed at length with the social partners.

The Committee notes the information from ILO–IPEC of April 2012 concerning the TACKLE Project that the Child Labour Unit is taking a lead on the development of the list of types of hazardous work. ILO–IPEC indicates that the Government has made significant progress in revising the list of hazardous work prohibited to children, including with the support of ILO–IPEC. In January 2012, the National Steering Committee endorsed a list of hazardous activities and the list is awaiting ministerial decree. The Committee observes that a list of types of hazardous work was first developed in 2006 and therefore urges the Government to take the necessary measures to ensure the adoption in the near future of the list of types of hazardous work prohibited to persons under 18 years of age. It requests the Government to provide a copy of this list, once adopted.

Article 7. Light work. The Committee previously noted that section 7 of the Child Act of 2010 specifies that children working in agricultural work and in grazing which is not hazardous shall be exempt from the minimum age of 14 for admission to work. It observed that there appeared to be no minimum age for these activities.

The Committee notes the Government’s statement in its report that a list on child labour was formulated to be annexed to the Child Act of 2010 which addresses the abovementioned issue. In this regard, it recalls 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 also recalls that, according to Article 7(3) of the Convention, the competent authority shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting that the Child Act of 2010 permits exceptions to the minimum age for agricultural work and grazing, the Committee requests the Government to take the necessary measures to ensure that a minimum age of 12 years is established for any of the types of work permitted under the minimum age of 14 years. It also requests the Government to take the necessary measures to determine the number of hours during which, and the conditions in which, such light agricultural work may be undertaken, in conformity with Article 7(3) of the Convention. It requests the Government to provide information on measures taken in this regard, with its next report.

Article 9(3). Keeping of registers by employers. In its previous comments, the Committee noted that there appeared to be no provisions providing that registers 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 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. The Committee notes the Government’s statement that this issue may be resolved within the plan of the labour inspection department. The Committee requests the Government to take the necessary measures to ensure that all employers 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 previously noted that child labour appeared to be a serious problem in Sudan, and severe poverty had produced widespread child labour in the informal and rural farming economy. It also noted that the CRC, in its concluding observations of 1 October 2010, expressed concern that child labour is widespread in Sudan, with many children employed in, inter alia, factories and the agricultural sector (CRC/C/SDN/CO/3–4, paragraph 78). In addition, the Government indicated that while efforts were being made to strengthen the labour inspectorate, including with regard to child labour inspections, obstacles remained, such as a weak labour inspectorate and the lack of financial resources. Moreover, the Committee noted the country’s participation in the ILO–IPEC TACKLE Project, and the Government’s indication that the Ministry of Labour was undertaking an experimental survey to classify children and their work, as well as to determine the number of working children.

The Committee notes the Government’s statement that an assessment of the application of the Convention cannot ignore the obstacles created by the conflicts experienced by the country over the past two decades. The Government also states that children under 15 make up approximately half of the country’s population, and that special programmes and indicators should be developed for this group. Moreover, the Government indicates that, with regard to supporting and strengthening the labour inspectorate, a department of inspection and labour legislation has been established within the Ministry of Labour, tasked with investigating and monitoring child labour and the application of the relevant legislation. The Committee further notes the information from ILO–IPEC that, within the framework of the TACKLE Project, the Ministry of General Education and the National Council for Child Welfare organized capacity-building workshops in July 2011 to enhance partnerships to tackle child labour through education, as well as to discuss the root causes of child labour. Through the TACKLE Project, a programme was also carried out to investigate the situation of child labour in one of the urban suburbs of Khartoum followed by participatory consultative meetings with stakeholders to advocate for elimination of child labour. Taking note of the difficult situation in the country, the Committee requests the Government to reinforce its efforts, including through collaboration with ILO–IPEC, to ensure the progressive elimination of child labour.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2(1) of the Convention. Scope of application of the Convention. The Committee previously noted that the Government had not, at the time of its first report, chosen to exclude any specific categories of employment or work from the scope of application of the Convention, pursuant to Article 4(1) of the Convention. Nevertheless, the Committee observed that pursuant to section 3 of the Labour Act of 1997, domestic servants, workers in family enterprises, temporary workers and most agricultural workers appeared to be excluded from the application of the Labour Act, and that the provisions of the Act related to the minimum age did not apply to persons working in these sectors. The Committee requested the Government to provide information on the manner in which the protection of the Convention was ensured to children working in agriculture, in family enterprises or as domestic or temporary workers.

The Committee notes that the Child Act of 2010 was adopted in February 2010, containing several provisions regulating the work performed by children under 18 years of age. The Committee notes that the Child Act of 2010 does not exclude domestic workers, temporary workers or workers in family enterprises, and notes that section 1(3) states that the provisions of the Child Act shall have precedence over any contradictory provisions in other legislation. However, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 1 October 2010, expressed concern that many children in Sudan are employed as domestic servants and in the informal economy (CRC/C/SDN/CO/3-4, paragraph 78). The Committee requests the Government to provide information on measures taken on envisaged to ensure the application in practice of the Child Act of 2010, to children working as domestic workers and in the informal economy.

Minimum age for admission to employment or work. The Committee previously observed that, pursuant to section 21 of the Labour Code, children between 12 and 15 years of age are allowed to perform work. Noting that, at the time of ratification, Sudan declared 14 years to be the minimum age for admission to employment, the Committee 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 requested the Government to take the necessary measures to ensure that legislation providing for a minimum age of 14 for admission to employment was adopted.

The Committee notes with interest that section 36 of the Child Act of 2010 states that the employment of children under the age of 14 years shall be prohibited.

Article 2(3). Compulsory schooling. The Committee previously noted the Government’s indication that, according to article 13(1) of the Constitution, the State provides for free and compulsory education at the primary level. It 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. The Committee noted that, according to the UNESCO Global Monitoring Report on Education for All of 2008, Sudan still faced massive challenges in retaining students through a complete primary school cycle and thus urgently needed to adopt strategies to expand access to out-of-school children and improve quality standards to retain them once they are enrolled. However, the Committee noted the Government’s indication that it had signed an agreement with the ILO–IPEC for the implementation of the project “Tackling child labour through education” (TACKLE project).

The Committee notes that section 28 of the Child Act of 2010 provides for a child’s right to public education and that the state shall provide free compulsory education. The Committee also notes the information in the Government’s report that the Ministry of Social Welfare has prepared a project on ensuring the right of a child to education, in order to examine the significant problem of school drop-outs in the country. The Government indicates that work is currently ongoing in collaboration with the competent bodies to prepare a work-plan on this subject. The Committee also notes the information in the 2011 UNESCO Global Monitoring Report on Education for All that the gross enrolment rate for primary education has risen from 47 in 1999 per cent to 74 per cent in 2008. However, the Committee also notes that the CRC, in its concluding observations of 1 October 2010, expressed concern at the extremely low budgetary allocations for education, resulting in the lack of availability of trained teachers, poor school infrastructure and a chronic shortage of supplies and equipment. The CRC expressed further concern that many children are obliged to work outside the home in order to earn income for school fees (CRC/C/SDN/CO/3-4, paragraph 64). Considering that compulsory education is one of the most 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 reducing the number of out-of-school children under 14 years of age. It requests the Government to continue to provide information on the concrete measures taken in this regard and on the results achieved, particularly with respect to increasing the school enrolment rates and reducing the drop-out rates.

Article 3(1). Minimum age for admission to hazardous work. The Committee previously expressed the hope that legislation would soon be adopted to fix the minimum age for hazardous work at 18 years.

The Committee notes with interest that section 37 of the Child Act of 2010 prohibits the employment of children in hazardous work and industries which, by the nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety or morals. The Committee further notes that section 1(4) of the Child Act of 2010 defines a child as a person under 18 years of age.

Article 3(2). Determination of hazardous work. In its previous comments, the Committee 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 also noted the Government’s indication that this list would be approved by the competent authorities and would be annexed to the draft Labour Code, once adopted.

The Committee notes that section 37 of the Child Act 2010 specifies that the Minister of Labour or his delegate may determine the types of work or industries which constitute hazardous work. In this regard, the Government indicates that a list of hazardous types of work prohibited for persons under 18 years of age was prepared, and discussed at length with the social partners. The Government once again indicates that this list will be authorized by virtue of the draft Labour Code, once adopted. Observing that a list of types of hazardous work was first developed in 2006, the Committee urges the Government to take the necessary measures to ensure the adoption of the draft Labour Code and the adoption of the list of types of hazardous work prohibited to persons under 18 years of age, in the near future. It requests the Government to provide a copy of this list, once adopted.

Article 6. Vocational training and apprenticeship. The Committee previously noted that according to section 21(4) 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 apprenticeships in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. It requested the Government to take the necessary measures to ensure that no child under 14 years undertakes an apprenticeship programme.

The Committee notes that section 36 of the Child Act of 2010 specifies that a child may engage in an apprenticeship only from the age of 14 in industrial schools, institutes, and at educational and vocational training centres, subject to the supervision of the Government.

Article 7. Light work. Following its previous comments, the Committee notes that section 7 of the Child Act of 2010 specifies that children working in agricultural work and in grazing which is not hazardous, shall be exempt from the minimum age of 14 for admission to work. The Committee observes that no minimum age for these activities is contained in the Child Act of 2010. In this regard, the Committee recalls 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 also recalls that, according to Article 7(3) of the Convention, the competent authority shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting that the Child Act of 2010 permits exceptions to the minimum age for agricultural work and grazing, the Committee requests the Government to take the necessary measures to ensure that a minimum age of 12 is established for any of the types of work permitted under the minimum age of 14. It also requests the Government to take the necessary measures to determine the number of hours during which, and the conditions in which, such light agricultural work may be undertaken, in conformity with Article 7(3) of the Convention. It requests the Government to provide information on measures taken in this regard, with its next report.

Article 9(3). Keeping of registers by employers. In its previous comments, the Committee noted that there appeared to be no provisions providing that registers 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 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 an absence of information in the Government’s report on this point, the Committee once again requests the Government to take the necessary measures to ensure that all employers 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 previously noted the Government’s indication that while efforts were being made to strengthen the labour inspectorate, including with regard to child labour inspections, obstacles remained, such as a weak labour inspectorate and the lack of financial resources to carry out the necessary research and studies. It 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.

The Committee notes the information from ILO–IPEC that Sudan is one of 11 countries (across Africa, the Caribbean and the Pacific) participating in the ILO–IPEC TACKLE project. The Committee also notes the Government’s statement in its report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182) that a public department for inspection and labour regulations was established at the Ministry of Labour to support and strengthen inspection services, and that one of the tasks of this department is to monitor child labour. The Committee also notes the Government’s statement in this report that two workshops were held at the Ministry of Education on the subject of reducing child labour, within the framework of a project aimed at the reduction of child labour and reintegrating child labourers into education. The Government further indicates in this report that a symposium on the role of trade unions in the elimination of child labour was held. Moreover, the Government indicates in this report that the Ministry of Labour is currently undertaking an experimental survey to classify children and their work, as well as to determine the number of working children.

The Committee notes that the CRC, in its concluding observations of 1 October 2010, expressed concern that child labour is widespread in Sudan, with many children employed in, inter alia, factories and the agricultural sector (CRC/C/SDN/CO/3-4 paragraph 78). The Committee therefore requests the Government to redouble its efforts, including through collaboration with ILO–IPEC, to ensure the progressive elimination of child labour. In this regard, it requests the Government to pursue its efforts to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children carrying out economic activities, particularly in the agricultural sector. The Committee also requests the Government to pursue its efforts to undertake a survey on child labour in the country, to ensure that up-to-date statistical information on the economic activities of children and young persons is made available, including the number of children working under the minimum age of 14, and to provide this information in its next report.

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

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.

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

The Committee notes the Government’s report. It notes the Government’s indication that it is in the process of enacting a new Labour Act (hereinafter draft Labour Act) so as to bring it into line with the international labour Conventions ratified by Sudan. The Committee trusts that the draft Labour Act will soon be adopted and requests the Government to supply a copy of the same once it has been adopted.

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, paragraph 1, of the Convention. It had therefore requested the Government to provide information on the manner in which the protection of the Convention is ensured to children who work as domestic servants; agricultural workers (others than those listed in section 3(g) of the Labour Act); workers in family enterprises; and temporary workers. The Committee notes 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 observes, however, that domestic servants, workers in family enterprises and temporary workers still appear to be exempted from the application of the Labour Act. The Committee therefore 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 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 reminded the Government that, by virtue of Article 2, paragraphs 1 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. Accordingly, the Committee had requested 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 is admitted to perform any kind of work other than light work. The Committee notes the Government’s information that the draft Labour Act contains provisions fixing the minimum age for employment at 14 years. The Committee requests the Government to supply a copy of the provision of the Labour Act which fixes the minimum age for employment at 14 years, as soon as it has been adopted. It also requests the Government to indicate whether the Minister has determined industries and enterprises where children under 15 years of age may not be employed, pursuant to subsection (5) of section 21.

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 currently undertaken programmes to decrease the school drop-out rates. It further notes the Government’s statement that, it is preparing to seek technical assistance from the ILO in this regard. The Committee notes that a new project called “Tackling child labour through education” launched by ILO/IPEC in 2008 will soon be implemented in Sudan. This project aims to strengthen the legal framework on child labour and education and to increase institutional capacities to formulate and implement strategies to eliminate child labour. The Committee requests the Government to provide information on the implementation of the programmes to increase school attendance and to reduce school drop-out rates and the results achieved. It also requests the Government to provide information on the concrete measures taken within the ILO–IPEC project on “Tackling child labour through education”, and the results achieved.

Article 3, paragraph 1. Minimum age for admission to hazardous work. Following its previous comments, the Committee notes the Government’s information 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 requests the Government to supply a copy of the provision of the Labour Act which fixes the minimum age for hazardous work at 18 years, as soon as it has been adopted.

Article 3, paragraph 2. Determination of hazardous work. Further to its previous comments, the Committee notes the Government’s indication that a tripartite committee has drawn up a list of 55 types of occupations in which the employment of children under 18 years is prohibited. It also notes the Government’s information that this list shall be approved by the competent authorities and shall be annexed to the new Labour Act. The Committee requests the Government to supply a copy of the list of types of hazardous work, as soon as it has been approved.

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 had recalled that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of types of hazardous work by young persons between 16 and 18 years of age on condition that the health, safety 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 notes the absence of information in the Government’s report in this regard. The Committee once again requests the Government to provide information on the measures adopted to ensure that the performance of types of hazardous work by persons between 16 and 18 years of age is only authorized in accordance with the requirements of Article 3, paragraph 3, of the Convention.

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, paragraphs 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, paragraph 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 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, paragraph 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. The Committee notes the absence of information in the Government’s report on this point. The Committee therefore 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 has 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. The Committee had expressed concern at the above situation and had requested 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. The Committee notes 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. It also notes the Government’s information under Convention No. 81 that it has established a Federal Labour Statistics and Information Centre for the compilation and publication of regular reports, including labour inspection reports. The Committee 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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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 2, paragraph 1, of the Convention. Scope of application of the Convention. 1. The Committee noted that section 3 of the Labour Act of 1997 exempts the following categories from its application: (i) domestic servants (section 3(f)); (ii) agricultural workers other than persons employed in the operation, repair or maintenance of mechanical appliances and devices, and other than persons employed in factories, ginneries, dairy factories production and similar establishments in which agricultural products are manufactured or prepared for marketing and other than persons employed in the administration of agricultural business or doing clerical accounting, stores, gardens and poultry work (section 3(g)); (iii) members of the family of the business owner residing with him and wholly or to a great extent depending on him (section 3(h)); (iv) temporary workers (section 3(i)); (v) any category of persons, to be declared by the Council of Ministers by an order made thereby, to be exempted totally or partially from the application of the provisions of this Act (section 3(j)). It noted the Government’s statement that there are no exceptions in the law for specific categories of employment or work according to Article 4, paragraph 1, of the Convention. The Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, including agricultural, domestic and family work, whether or not a contractual relationship exists and whether or not the work is remunerated. The Committee accordingly 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; agricultural workers (others than those listed in section 3(g) of the Labour Act); workers in family enterprises; and temporary workers. The Committee also requests the Government to indicate whether other categories of work have been excluded from the application of the Labour Act pursuant to section 3(j) of this Act.

2. Minimum age for admission to employment or work. The Committee noted that, at the time of ratifying the Convention, Sudan declared 14 years as the minimum age for admission to employment or work. It noted, however, that subsection (4) of section 21 of the Labour Act states that children under 12 years of age shall not be employed with the exception of: state vocational schools; training workshops for non-profit purposes; family enterprises; workers under an apprenticeship contract. 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. Subsection (6) of section 21 states that, subject to the provisions of subsection (5), children under 15 years of age shall not be employed unless they have a guardian who resides with them in the place of work, and the contract with the child shall not be binding on him unless his guardian has approved his employment and presented to his employer what proves his guardianship on the child, his residence in the work area and his address. The Committee observed that, according to subsections (4) and (6) of section 21, children between 12 and 15 years of age are in principle allowed to perform work. The Committee reminded the Government that, upon ratifying the Convention, it declared 14 years to be the minimum age for admission to employment and that, by virtue of Article 2, paragraphs 1 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 consequently 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 is admitted to perform any kind of work other than light work. The Committee also requests the Government to indicate whether the Minister has determined industries and enterprises where children under 15 years of age may not be employed, pursuant to subsection (5) of section 21.

Article 2, paragraph 3. Compulsory education. The Committee noted the Government’s information that article 13(1) of the Constitution specifies that the State provides for free and compulsory education at the primary level. The Committee observes the information contained in the Government’s report to the Committee on the Rights of the Child of 6 December 2001 (CRC/C/65/Add.17, paragraph 34) that the Public Education Act provides for continuation of the basic stage for eight years. In principle, primary-school enrolment takes place at the age of 6. 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, the Committee notes that, according to the UNICEF Multiple Indicator Cluster Survey of 2000, approximately half of school age children attended primary school. There were wide disparities among states and some gender disparities 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). Although there was little data on enrolment rates, it was estimated that the 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 was of the view that compulsory education was one of the most effective means of combating child labour. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to increase school attendance and reduce school drop-out rates so as to prevent the engagement of these children in child labour. It also requests the Government to provide information on school enrolment and attendance rates.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee noted the Government’s information that the Labour Act defines a “child” as a person under 16 years of age. It notes that subsection (1) of section 21 of the Labour Act states that no child (i.e. no person under 16 years of age) shall be employed in a list of eight types of hazardous work. Subsection (2) of section 21 further provides that, subject to the above provisions, children (i.e. under 16 years) shall not be employed in industries and dangerous works which are injurious to health or those which require physical effort, or in works and jobs which are injurious to their morals. Subsection (3) of section 21 establishes that children shall not be employed at night between 8 p.m. and 6 a.m. The Committee observed that the minimum age of 16 years contained in subsection (1) of section 21 to perform hazardous work is not in conformity with the Convention. In this regard, the Committee reminded the Government that, under Article 3, paragraph 1, of the Convention, no person under 18 years of age may perform any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize his/her health, safety or morals. Accordingly, in the framework of the reform of the Labour Act, the Committee urges the Government to take the necessary measures to amend the relevant provisions of the Labour Act in order to ensure that no person under 18 years of age is authorized to perform types of hazardous work, in accordance with Article 3, paragraph 1, of the Convention.

Article 3, paragraph 2. Determination of hazardous work. The Committee noted that subsection (1) of section 21 states that the following types of hazardous work are prohibited to children under 16 years: (a) carrying heavy weights; (b) steam boilers and pressure receptacles; (c) blast furnaces and foundries; (d) work done underground or underwater and work in mines or quarries; (e) work in the composition of lead and its compounds; (f) work in which workers are exposed to poisonous or injurious materials whether organic or inorganic such as lead, mercury, cyanide, calcium, petroleum and its compounds; (g) radiation work and ionizing radiation; (h) maintenance of machinery and belts thereof. It also notes that subsection (2) of section 21 states that the Minister or any other person delegated by the Minister shall specify certain works and jobs which are injurious to the health and morals of children. The Committee also noted that, according to the Government, a tripartite committee was set up, in order to prepare a list of hazardous and prohibited tasks in which the employment of children is prohibited. The Committee took note of the comprehensive draft list supplied by the Government. This list contains about 55 occupations or industries prohibited for children under 18  and 17 years, including lifting or pulling weights; construction work; underground work in mines and quarries. The Committee requests the Government to provide a copy of this list, as soon as it has been approved.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee 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. In this regard, the Committee recalls that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of types of hazardous work by young persons between 16 and 18 years of age on condition that the health, safety 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, in the framework of the adoption of the list of types of hazardous work, to provide information on the measures adopted to ensure that the performance of types of hazardous work by persons between 16 and 18 years of age is only authorized in accordance with the requirements of Article 3, paragraph 3, of the Convention.

Article 6. Vocational training and apprenticeship. The Committee noted the Government’s information that subsection (4) of section 21 of the Labour Act states that children under 12 years of age shall not be employed with the exception of: (i) state vocational schools; (ii) training workshops for non-profit purposes; (iii) apprenticeship contracts. The Committee observed that, according to this provision, children between 12 and 14 years of age are allowed to take part in apprenticeship programmes. In this regard, the Committee 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. The Committee consequently 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 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, there are no light work activities that are undertaken. The Committee nonetheless observed that, according to the ILO Economically Active Population Survey, 1997, it appears that quite a number of children under 14 years are economically active in some way or another. It also noted that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.190, 9 October 2002, paragraphs 63 and 63), expressed its concern at the situation of many children, including children under 15 years, who regularly work and bear heavy responsibilities within the family as well as at the intensity of work demands placed upon children, which prevents many of them from attending school. The Committee recalled that Article 7, paragraphs 1 and 4, of the Convention provides that national laws or regulations may permit children from the age of 12 years 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 also recalled that, according to Article 7, paragraph 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. The Committee accordingly 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 of 12 years or more.

Article 9, paragraph 3. Keeping of registers by employers The Committee noted the Government’s information 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 periods. It noted, however, that the relevant legislation does not provide 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 recalled that Article 9, paragraph 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. The Committee therefore requests the Government to take the necessary measures to ensure that every employer, regardless of the number of persons he/she employs, keeps a register indicating the name and age or date of birth, duly certified whenever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age.

Parts III and V of the report form. Application of the Convention in practice. The Committee 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, there are obstacles such as the weak labour inspectorate, and the lack of financial resources to carry out the necessary research, studies and statistics. The Committee 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 has 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.

The Committee expresses its concern at the situation described above. It requests the Government to provide information on the measures taken to give labour inspectors the means to ensure effective supervision of the provision of this Convention. It also invites the Government to continue 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.

The Committee noted the Government’s information that official meetings were held in August 2004 and November 2004 between government officials and ILO/IPEC to provide assistance with Conventions Nos. 138 and 182. It also noted the Government’s information under Convention No. 81 that the Labour Act is being revised. The Committee strongly encourages the Government to redouble its efforts to ensure that, during its review of the Labour Act of 1997, the tripartite committee will take into consideration the Committee’s detailed comments on the discrepancies between national legislation and the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s first report. It requests the Government to provide further information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application of the Convention.  1. The Committee notes that section 3 of the Labour Act of 1997 exempts the following categories from its application: (i) domestic servants (section 3(f)); (ii) agricultural workers other than persons employed in the operation, repair or maintenance of mechanical appliances and devices, and other than persons employed in factories, ginneries, dairy factories production and similar establishments in which agricultural products are manufactured or prepared for marketing and other than persons employed in the administration of agricultural business or doing clerical accounting, stores, gardens and poultry work (section 3(g)); (iii) members of the family of the business owner residing with him and wholly or to a great extent depending on him (section 3(h)); (iv) temporary workers (section 3(i)); (v) any category of persons, to be declared by the Council of Ministers by an order made thereby, to be exempted totally or partially from the application of the provisions of this Act (section 3(j)). It notes the Government’s statement that there are no exceptions in the law for specific categories of employment or work according to Article 4, paragraph 1, of the Convention. The Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, including agricultural, domestic and family work, whether or not a contractual relationship exists and whether or not the work is remunerated. The Committee accordingly 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; agricultural workers (others than those listed in section 3(g) of the Labour Act); workers in family enterprises; and temporary workers. The Committee also requests the Government to indicate whether other categories of work have been excluded from the application of the Labour Act pursuant to section 3(j) of this Act.

2. Minimum age for admission to employment or work. The Committee notes that, at the time of ratifying the Convention, Sudan declared 14 years as the minimum age for admission to employment or work. It notes, however, that subsection (4) of section 21 of the Labour Act states that children under 12 years of age shall not be employed with the exception of: state vocational schools; training workshops for non-profit purposes; family enterprises; workers under an apprenticeship contract. 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. Subsection (6) of section 21 states that, subject to the provisions of subsection (5), children under 15 years of age shall not be employed unless they have a guardian who resides with them in the place of work, and the contract with the child shall not be binding on him unless his guardian has approved his employment and presented to his employer what proves his guardianship on the child, his residence in the work area and his address. The Committee observes that, according to subsections (4) and (6) of section 21, children between 12 and 15 years of age  are in principle allowed to perform work. The Committee reminds the Government that, upon ratifying the Convention, it declared 14 years to be the minimum age for admission to employment and that, by virtue of Article 2, paragraphs 1 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 consequently 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 is admitted to perform any kind of work other than light work. The Committee also requests the Government to indicate whether the Minister has determined industries and enterprises where children under 15 years of age may not be employed, pursuant to subsection (5) of section 21.

Article 2, paragraph 3. Compulsory education. The Committee notes the Government’s information that article 13(1) of the Constitution specifies that the State provides for free and compulsory education at the primary level. The Committee observes the information contained in the Government’s report to the Committee on the Rights of the Child of 6 December 2001 (CRC/C/65/Add.17, paragraph 34) that the Public Education Act provides for continuation of the basic stage for eight years. In principle, primary-school enrolment takes place at the age of 6. 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, the Committee notes that, according to the UNICEF Multiple Indicator Cluster Survey of 2000, approximately half of school age children attended primary school. There were wide disparities among states and some gender disparities 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). Although there was little data on enrolment rates, it was estimated that the 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 is of the view that compulsory education is one of the most effective means of combating child labour. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to increase school attendance and reduce school drop-out rates so as to prevent the engagement of these children in child labour. It also requests the Government to provide information on school enrolment and attendance rates.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes the Government’s information that the Labour Act defines a “child” as a person under 16 years of age. It notes that subsection (1) of section 21 of the Labour Act states that no child (i.e. no person under 16 years of age ) shall be employed in a list of eight types of hazardous work. Subsection (2) of section 21 further provides that, subject to the above provisions, children (i.e. under 16 years ) shall not be employed in industries and dangerous works which are injurious to health or those which require physical effort, or in works and jobs which are injurious to their morals. Subsection (3) of section 21 establishes that children shall not be employed at night between 8 pm and 6 am. The Committee observes that the minimum age of 16 years contained in subsection (1) of section 21 to perform hazardous work is not in conformity with the Convention. In this regard, the Committee reminds the Government that, under Article 3, paragraph 1, of the Convention, no person under 18 years of age may perform any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize his/her health, safety or morals. Accordingly, in the framework of the reform of the Labour Act, the Committee urges the Government to take the necessary measures to amend the relevant provisions of the Labour Act in order to ensure that no person under 18 years of age is authorized to perform types of hazardous work, in accordance with Article 3, paragraph 1, of the Convention.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes that subsection (1) of section 21 states that the following types of hazardous work are prohibited to children under 16 year : (a) carrying heavy weights; (b) steam boilers and pressure receptacles; (c) blast furnaces and foundries; (d) work done underground or underwater and work in mines or quarries; (e) work in the composition of lead and its compounds; (f) work in which workers are exposed to poisonous or injurious materials whether organic or inorganic such as lead, mercury, cyanide, calcium, petroleum and its compounds; (g) radiation work and ionizing radiation; (h) maintenance of machinery and belts thereof. It also notes that subsection (2) of section 21 states that the Minister or any other person delegated by the Minister shall specify certain works and jobs which are injurious to the health and morals of children. The Committee also notes that, according to the Government, a tripartite committee was set up, in order to prepare a list of hazardous and prohibited tasks in which the employment of children is prohibited. The Committee takes note of the comprehensive draft list, in process to be approved, supplied by the Government. This list contains about 55 occupations or industries prohibited for children under 18 and 17 years, including lifting or pulling weights; construction work; underground work in mines and quarries. The Committee requests the Government to provide a copy of this list, as soon as it has been approved.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee notes 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. In this regard the Committee recalls that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of types of hazardous work by young persons between 16 and 18 years of age on condition that the health, safety 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, in the framework of the adoption of the list of types of hazardous work, to provide information on the measures adopted to ensure that the performance of types of hazardous work by persons between 16 and 18 years of age is only authorized in accordance with the requirements of Article 3, paragraph 3, of the Convention.

 Article 6. Vocational training and apprenticeship. The Committee notes the Government’s information that subsection (4) of section 21 of the Labour Act states that children under 12 years of age shall not be employed with the exception of: (i) state vocational schools; (ii) training workshops for non-profit purposes; (iii) apprenticeship contracts. The Committee observes that, according to this provision, children between 12 and 14 years of age are allowed to take part in apprenticeship programmes. In this regard, the Committee reminds 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. The Committee consequently 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 notes 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, there are no light work activities that are undertaken. The Committee nonetheless observes that, according to the ILO Economically Active Population Survey, 1997, it appears that quite a number of children under 14 years are economically active in some way or another. It also notes that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.190, 9 October 2002; paragraphs 63 and 63), expressed its concern at the situation of many children, including children under 15 years, who regularly work and bear heavy responsibilities within the family as well as at the intensity of work demands placed upon children, which prevents many of them from attending school. The Committee recalls that Article 7, paragraphs 1 and 4, of the Convention provides that national laws or regulations may permit children from the age of 12 years 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 also recalls that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly 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 of 12 years or more.

Article 9, paragraph 1.  Penalties. The Committee notes the Government’s information that section 126(2) of the Labour Act stipulates that any contravention of the implementation of any of the provisions of this Act or the provisions of any order or regulations or rules made thereunder, shall be deemed an offence. Such offence is punishable with imprisonment for a term not exceeding six months or with a fine or with both. In case of repetition of the contravention the fine may be doubled. The Committee takes due note of this information.

Article 9, paragraph 3. Keeping of registers by employers  The Committee notes the Government’s information 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 periods. It notes, however, that the relevant legislation does not provide 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 recalls that Article 9, paragraph 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. The Committee therefore requests the Government to take the necessary measures to ensure that every employer, regardless of the number of persons he/she employs, keeps a register indicating the name and age or date of birth, duly certified whenever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age.

Parts III and V of the report form. Application of the Convention in practice. The Committee notes 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, there are obstacles such as the weak labour inspectorate, and the lack of financial resources to carry out the necessary research, studies and statistics. The Committee also notes 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 has 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.

The Committee expresses its concern at the situation described above. It requests the Government to provide information on the measures taken to give labour inspectors the means to ensure effective supervision of the provision of this Convention. It also invites the Government to continue 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.

The Committee notes the Government’s information that official meetings were held in August 2004 and November 2004 between government officials and ILO/IPEC to provide assistance with Conventions Nos. 138 and 182. It also notes the Government’s information under Convention No. 81 that the Labour Act is being revised. The Committee strongly encourages the Government to redouble its efforts to ensure that, during its review of the Labour Act of 1997, the tripartite committee will take into consideration the Committee’s detailed comments on the discrepancies between national legislation and the Convention.