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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 4(1) 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 under the Minimum Age Convention, 1973 (No.138) that a committee has been established pursuant to Administrative decision No.22 of 2018 from the Ministry of Labour and the relevant authorities to review the draft list of hazardous activities. The Committee recalls that, pursuant to Article 3(2) of the Convention, the types of hazardous work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee expresses the firm hope that the Government will take the necessary measures without delay to ensure that the legal provisions determining the types of hazardous work to be prohibited for persons under 18 years of age will be adopted, in the very near future. It requests the Government to provide a copy of the list, once adopted.
Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Street children. In its previous comments, the Committee noted that according to the Country Analysis of the United Nations Country Team, the thousands of children living on the streets in Sudan still constituted the largest group of separated and unaccompanied children in the country. It also noted some of the measures taken by the Government to address the situation of street children, including the development of a national policy, establishing a database on children separated from their families, establishing a strong social welfare system and income generating projects for poor families. The Committee requested the Government to continue its efforts to protect children living and working on the street.
The Committee notes the Government’s information that in January 2018, a draft study analysing the current situation and the prospects of children in Sudan has been developed by the National Council for Child Welfare with a view to formulate the national strategy for children 2030 and its implementation plan. The Committee requests the Government to provide information on the findings of the study on the situation and prospects of children in Sudan as well as the information on the national strategy developed thereafter. It also requests the Government to provide information on the measures taken to address the situation of street children, including removing and protecting them from the worst forms of child labour and providing for their rehabilitation and social integration.

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
Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). Slavery and practices similar to slavery. 1. Abductions and the exaction of forced labour. In its previous comments, the Committee noted the various legal provisions in Sudan which prohibit the forced labour of children (and abductions for that purpose), including article 30(1) of the Constitution of 2005, section 32 of the Child Act of 2004, and section 312 of the Penal Code. However, the Committee noted under several reports of the United Nations bodies, such as the report of the Secretary-General on Children and Armed Conflict, that cases of abduction of children for labour exploitation had been reported including in Abyei, Blue Nile and South Kordofan. In this regard, it noted the Government’s indication that special courts were set up to eliminate the practice of abduction and that psychological and social support, education, work opportunities, and skills training were also provided to children who had been abducted. The Committee urged the Government to continue to strengthen its efforts to eradicate abductions and the exaction of forced labour from children under 18 years of age, and to provide information on the effective and time-bound measures taken to this end.
The Committee notes the Government’s information in its report that the National Committee for Combating Human Trafficking (NCCT) continues its efforts to eliminate the practice of abduction. It also notes that the NCCT developed a National Action Plan to Combat Human Trafficking 2018-2019 which includes abduction as one of the means of trafficking in persons. Moreover, the Transitional Constitution of 2019, under article 47 prohibits all forms of slavery and states that no person shall be subject to forced labour.
The Committee, however, notes from the Report of the Secretary General on Children and Armed Conflict (A/74/845-S/2020/525, of 9 June 2020) that in Darfur, 18 children (15 boys and three girls) were reported to have been abducted for ransom or forced to work as cattle herders by the Sudan Liberation Army-Abdul Wahid faction (SLA-AW) and other unidentified armed elements (paragraph 162). It further notes from the Report of the Secretary General on the situation in the Sudan and the activities of the United Nations Integrated Transition Assistance Mission in the Sudan (S/2020/912) of 17 September 2020 that the African Union-United Nations Hybrid Operation in Darfur verified 364 incidents of grave violations, including rape, sexual exploitation and abduction affecting 77 children (37 boys and 40 girls). This report further states that owing to the lack of resources and capacities on the ground, access to justice and accountability responses for child victims of grave violations remains limited (Annex I, paragraph 20). Noting with concern the high incidence of grave violations involving children, including abductions for forced labour, the Committee urges the Government to take immediate measures to ensure that thorough investigations and prosecutions of offenders abducting children under 18 years for forced labour are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It requests the Government to provide information on the activities undertaken by the NCCT in eliminating the practice of abduction of children for forced labour and the results achieved.
2. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted the Government’s indication that the legislation, including the Child Labour Law, the Police Law, and the Civil Service Law specify that no child under 18 years of age shall be recruited in the army, and that penalties are imposed in cases of recruitment. It also noted the Government’s statement that various measures had been taken to prevent child recruitment in the armed forces including the signing by the Government with the UN in March 2016, of an Action Plan to end and prevent the recruitment and use of children by its security forces. The Committee, however, noted with deep concern the persistence of the practice of recruiting and using children under the age of 18 years by armed forces and groups. It urged the Government to take immediate and effective measures to put a stop in practice to the compulsory recruitment of children for use in armed conflict by armed forces and groups as well as to take the necessary measures to implement the action plan to end and prevent the recruitment and use of children in the armed forces.
The Committee notes the Government’s information that the action plan is being implemented and mechanisms for its implementation have been established at the ministerial and technical levels as well as in many of the states affected by armed conflict. The Government also indicates that command orders prohibiting the recruitment of children were issued by the Sudanese Armed Forces and the Rapid Support Forces (RSF). In this regard, the Committee notes from the Report of the Secretary General on Children and Armed Conflict of 9 June 2020 that in Darfur, the United Nations verified the recruitment and use of three boys by the Sudan Liberation Army-Abdul Wahid (SLA-AW) and is in the process of verifying 14 alleged cases of recruitment and use of children by the RSF. The Committee further notes the Secretary General’s statement welcoming the engagement by the Government with the United Nations for the screening of 1,346 RSF soldiers in South and West Darfur, during which no child was identified (A/74/845-S/2020/525, paragraphs 158 and 169).
The Committee notes the information contained in the Report of 17 September 2020 of the Secretary General on the situation in the Sudan and the activities of the United Nations Integrated Transition Assistance Mission in the Sudan that the transitional Government of Sudan signed a peace agreement with the SRF alliance and the Sudan Liberation Army (SLA)-Minni Minawi faction, and a joint agreement on principles was signed with the SPLM-N Abdelaziz Al-Hilu faction (S/2020/912, paragraphs 8 and 9). In this regard, the Committee notes the statement made by the UN Secretary General in a press release on the formal signing of the peace agreement on 3 October 2020 that the signing of the Juba Peace Agreement signals the dawn of a new era for the people of Sudan. It is a milestone on the road to achieving sustainable peace and inclusive development. While welcoming the peace agreement concluded by the transitional Government and the rebel groups, the Committee requests the Government to continue its efforts to ensure that no child under the age of 18 years shall be used or recruited for armed conflict. In this regard, the Committee urges the Government to continue to take effective measures, in collaboration with the UN bodies operating in the country, to effectively implement the Action Plan to end and prevent the recruitment and use of children in the armed forces. It also requests the Government to take the necessary measures to ensure that thorough investigations and prosecutions are carried out against persons who have recruited or used children under 18 years for armed conflict or persons who continue to do so and that sufficiently effective and dissuasive penalties are imposed on them. It requests the Government to supply information in this regard.
Article 7(2). Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the Government’s information concerning the various measures adopted by the Ministry of Education to facilitate access to education. Moreover, it noted from the statistical information provided by the Ministry of Public Education, an increase in the primary school enrolment rates from 57.5 per cent in 2000 to 73 per cent in 2015 and secondary school enrolment rates from 24.1 per cent to 37.1 per cent during the same period. The Committee encouraged the Government to intensify its efforts to improve the functioning of the education system in the country.
The Committee notes that according to the statistics provided by the Government, in 2018, the gross enrolment rate in grade 1 was 86.9 per cent and in basic education and secondary education, it was 73.5 per cent and 39.9 per cent, respectively. An estimated 71,301 children (34,255 girls and 37,046 boys) dropped out of basic education in 2018. The Committee also notes that the Government adopted the Education Sector Strategic Plan (ESSP) 2018-2023 which covers interventions aimed at increasing access to pre-school and quality deliver; increasing access to equity in formal basic and secondary education; improving quality and enhancing retention in basic education; and improving learning and skills development in secondary education. The Committee notes from the ESSP document that though more children are accessing school today, the system is slowed down by high drop-out rates rendering the achievement of universal basic education a big challenge for Sudan. The retention rate dropped from 67 per cent in 2009 to 62 per cent in 2017. The ESSP document further states that according to the 2017 Humanitarian Needs Overview, 1.7 million children and adolescents out of the 4.8 million people in need of humanitarian assistance need basic education services, including 56 per cent internally displaced people (IDPs), 7 per cent refugees, 5 per cent returnees and 32 per cent vulnerable residents. The Committee notes that the ESSP interventions are expected to increase the enrolment rates in basic education by 16 per cent and in secondary education by 7 per cent between 2018 and 2023. The Committee notes with concern the low enrolment rates and the high drop-out rates at the primary and secondary education levels. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country by improving access to basic education for all children, including the IDPs, refugees and vulnerable children. In this regard, it requests the Government to provide information on the specific measures taken within the framework of the ESSP and the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates. To the extent possible, this information should be disaggregated by age and gender.
Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Child soldiers. In its previous comments, the Committee had requested the Government to supply information on the number of child soldiers removed from armed forces and groups and reintegrated through the actions undertaken by the Disarmament and Demobilization Commission.
The Committee notes the Government’s information that the Disarmament, Demobilization and Reintegration (DDR) Commission has developed programmes and measures that enable demobilized children to make the transition from life in a military environment to civilian life and play a key role, as civilians, through their acceptance by their families and communities. The Committee also notes from a report of the United Nations Development Programme that the DDR Programme in Sudan aims at creating conducive environments for the peaceful reintegration of ex-combatants and associated groups. Since its launch, more than 25,000 individuals were demobilized, 31,000 reintegrated and 85 projects were established to help community stabilization. The Committee requests the Government to continue to take effective and time-bound measures to remove children from armed conflict and ensure their rehabilitation and social integration. It also requests the Government to continue providing information on the measures taken within the framework of the DDR Programme to remove children from armed conflict and reintegrate them as well as the number of such children removed and reintegrated.
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 4(1) 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 under the Minimum Age Convention, 1973 (No.138) that a committee has been established pursuant to Administrative decision No.22 of 2018 from the Ministry of Labour and the relevant authorities to review the draft list of hazardous activities. The Committee recalls that, pursuant to Article 3(2) of the Convention, the types of hazardous work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned.  The Committee expresses the firm hope that the Government will take the necessary measures without delay to ensure that the legal provisions determining the types of hazardous work to be prohibited for persons under 18 years of age will be adopted, in the very near future. It requests the Government to provide a copy of the list, once adopted.
Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Street children.  In its previous comments, the Committee noted that according to the Country Analysis of the United Nations Country Team, the thousands of children living on the streets in Sudan still constituted the largest group of separated and unaccompanied children in the country. It also noted some of the measures taken by the Government to address the situation of street children, including the development of a national policy, establishing a database on children separated from their families, establishing a strong social welfare system and income generating projects for poor families. The Committee requested the Government to continue its efforts to protect children living and working on the street.
The Committee notes the Government’s information that in January 2018, a draft study analysing the current situation and the prospects of children in Sudan has been developed by the National Council for Child Welfare with a view to formulate the national strategy for children 2030 and its implementation plan. The Committee requests the Government to provide information on the findings of the study on the situation and prospects of children in Sudan as well as the information on the national strategy developed thereafter. It also requests the Government to provide information on the measures taken to address the situation of street children, including removing and protecting them from the worst forms of child labour and providing for their rehabilitation and social integration.

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

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). Slavery and practices similar to slavery. 1. Abductions and the exaction of forced labour. In its previous comments, the Committee noted the various legal provisions in Sudan which prohibit the forced labour of children (and abductions for that purpose), including article 30(1) of the Constitution of 2005, section 32 of the Child Act of 2004, and section 312 of the Penal Code. However, the Committee noted under several reports of the United Nations bodies, such as the report of the Secretary-General on Children and Armed Conflict, that cases of abduction of children for labour exploitation had been reported including in Abyei, Blue Nile and South Kordofan. In this regard, it noted the Government’s indication that special courts were set up to eliminate the practice of abduction and that psychological and social support, education, work opportunities, and skills training were also provided to children who had been abducted. The Committee urged the Government to continue to strengthen its efforts to eradicate abductions and the exaction of forced labour from children under 18 years of age, and to provide information on the effective and time-bound measures taken to this end.
The Committee notes the Government’s information in its report that the National Committee for Combating Human Trafficking (NCCT) continues its efforts to eliminate the practice of abduction. It also notes that the NCCT developed a National Action Plan to Combat Human Trafficking 2018-2019 which includes abduction as one of the means of trafficking in persons. Moreover, the Transitional Constitution of 2019, under article 47 prohibits all forms of slavery and states that no person shall be subject to forced labour.
The Committee, however, notes from the Report of the Secretary General on Children and Armed Conflict (A/74/845-S/2020/525, of 9 June 2020) that in Darfur, 18 children (15 boys and three girls) were reported to have been abducted for ransom or forced to work as cattle herders by the Sudan Liberation Army-Abdul Wahid faction (SLA-AW) and other unidentified armed elements (paragraph 162). It further notes from the Report of the Secretary General on the situation in the Sudan and the activities of the United Nations Integrated Transition Assistance Mission in the Sudan (S/2020/912) of 17 September 2020 that the African Union-United Nations Hybrid Operation in Darfur verified 364 incidents of grave violations, including rape, sexual exploitation and abduction affecting 77 children (37 boys and 40 girls). This report further states that owing to the lack of resources and capacities on the ground, access to justice and accountability responses for child victims of grave violations remains limited (Annex I, paragraph 20). Noting with concern the high incidence of grave violations involving children, including abductions for forced labour, the Committee urges the Government to take immediate measures to ensure that thorough investigations and prosecutions of offenders abducting children under 18 years for forced labour are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It requests the Government to provide information on the activities undertaken by the NCCT in eliminating the practice of abduction of children for forced labour and the results achieved.
2. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted the Government’s indication that the legislation, including the Child Labour Law, the Police Law, and the Civil Service Law specify that no child under 18 years of age shall be recruited in the army, and that penalties are imposed in cases of recruitment. It also noted the Government’s statement that various measures had been taken to prevent child recruitment in the armed forces including the signing by the Government with the UN in March 2016, of an Action Plan to end and prevent the recruitment and use of children by its security forces. The Committee, however, noted with deep concern the persistence of the practice of recruiting and using children under the age of 18 years by armed forces and groups. It urged the Government to take immediate and effective measures to put a stop in practice to the compulsory recruitment of children for use in armed conflict by armed forces and groups as well as to take the necessary measures to implement the action plan to end and prevent the recruitment and use of children in the armed forces.
The Committee notes the Government’s information that the action plan is being implemented and mechanisms for its implementation have been established at the ministerial and technical levels as well as in many of the states affected by armed conflict. The Government also indicates that command orders prohibiting the recruitment of children were issued by the Sudanese Armed Forces and the Rapid Support Forces (RSF). In this regard, the Committee notes from the Report of the Secretary General on Children and Armed Conflict of 9 June 2020 that in Darfur, the United Nations verified the recruitment and use of three boys by the Sudan Liberation Army-Abdul Wahid (SLA-AW) and is in the process of verifying 14 alleged cases of recruitment and use of children by the RSF. The Committee further notes the Secretary General’s statement welcoming the engagement by the Government with the United Nations for the screening of 1,346 RSF soldiers in South and West Darfur, during which no child was identified (A/74/845-S/2020/525, paragraphs 158 and 169).
The Committee notes the information contained in the Report of 17 September 2020 of the Secretary General on the situation in the Sudan and the activities of the United Nations Integrated Transition Assistance Mission in the Sudan that the transitional Government of Sudan signed a peace agreement with the SRF alliance and the Sudan Liberation Army (SLA)-Minni Minawi faction, and a joint agreement on principles was signed with the SPLM-N Abdelaziz Al-Hilu faction (S/2020/912, paragraphs 8 and 9). In this regard, the Committee notes the statement made by the UN Secretary General in a press release on the formal signing of the peace agreement on 3 October 2020 that the signing of the Juba Peace Agreement signals the dawn of a new era for the people of Sudan. It is a milestone on the road to achieving sustainable peace and inclusive development. While welcoming the peace agreement concluded by the transitional Government and the rebel groups, the Committee requests the Government to continue its efforts to ensure that no child under the age of 18 years shall be used or recruited for armed conflict. In this regard, the Committee urges the Government to continue to take effective measures, in collaboration with the UN bodies operating in the country, to effectively implement the Action Plan to end and prevent the recruitment and use of children in the armed forces. It also requests the Government to take the necessary measures to ensure that thorough investigations and prosecutions are carried out against persons who have recruited or used children under 18 years for armed conflict or persons who continue to do so and that sufficiently effective and dissuasive penalties are imposed on them. It requests the Government to supply information in this regard.
Article 7(2). Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the Government’s information concerning the various measures adopted by the Ministry of Education to facilitate access to education. Moreover, it noted from the statistical information provided by the Ministry of Public Education, an increase in the primary school enrolment rates from 57.5 per cent in 2000 to 73 per cent in 2015 and secondary school enrolment rates from 24.1 per cent to 37.1 per cent during the same period. The Committee encouraged the Government to intensify its efforts to improve the functioning of the education system in the country.
The Committee notes that according to the statistics provided by the Government, in 2018, the gross enrolment rate in grade 1 was 86.9 per cent and in basic education and secondary education, it was 73.5 per cent and 39.9 per cent, respectively. An estimated 71,301 children (34,255 girls and 37,046 boys) dropped out of basic education in 2018. The Committee also notes that the Government adopted the Education Sector Strategic Plan (ESSP) 2018-2023 which covers interventions aimed at increasing access to pre-school and quality deliver; increasing access to equity in formal basic and secondary education; improving quality and enhancing retention in basic education; and improving learning and skills development in secondary education. The Committee notes from the ESSP document that though more children are accessing school today, the system is slowed down by high drop-out rates rendering the achievement of universal basic education a big challenge for Sudan. The retention rate dropped from 67 per cent in 2009 to 62 per cent in 2017. The ESSP document further states that according to the 2017 Humanitarian Needs Overview, 1.7 million children and adolescents out of the 4.8 million people in need of humanitarian assistance need basic education services, including 56 per cent internally displaced people (IDPs), 7 per cent refugees, 5 per cent returnees and 32 per cent vulnerable residents. The Committee notes that the ESSP interventions are expected to increase the enrolment rates in basic education by 16 per cent and in secondary education by 7 per cent between 2018 and 2023. The Committee notes with concern the low enrolment rates and the high drop-out rates at the primary and secondary education levels. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country by improving access to basic education for all children, including the IDPs, refugees and vulnerable children. In this regard, it requests the Government to provide information on the specific measures taken within the framework of the ESSP and the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates. To the extent possible, this information should be disaggregated by age and gender.
Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Child soldiers. In its previous comments, the Committee had requested the Government to supply information on the number of child soldiers removed from armed forces and groups and reintegrated through the actions undertaken by the Disarmament and Demobilization Commission.
The Committee notes the Government’s information that the Disarmament, Demobilization and Reintegration (DDR) Commission has developed programmes and measures that enable demobilized children to make the transition from life in a military environment to civilian life and play a key role, as civilians, through their acceptance by their families and communities. The Committee also notes from a report of the United Nations Development Programme that the DDR Programme in Sudan aims at creating conducive environments for the peaceful reintegration of ex-combatants and associated groups. Since its launch, more than 25,000 individuals were demobilized, 31,000 reintegrated and 85 projects were established to help community stabilization. The Committee requests the Government to continue to take effective and time-bound measures to remove children from armed conflict and ensure their rehabilitation and social integration. It also requests the Government to continue providing information on the measures taken within the framework of the DDR Programme to remove children from armed conflict and reintegrate them as well as the number of such children removed and reintegrated.
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 4(1) of the Convention. 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 Minimum Age Convention, 1973 (No. 138).
Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that 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 relevant legislation.
The Committee notes the Government’s indication that the role of the labour inspection department was strengthened, and that in May 2013, 50 inspectors in different regions of the country were trained in child labour inspection, through the ILO–TACKLE Project. The Committee requests the Government to continue to provide information on the measures taken to strengthen the capacity of the labour inspectorate in order to combat the worst forms of child labour in the country. The Committee also requests the Government to supply information on the results achieved.
Article 7(2). Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that the Ministry of Education was developing a five-year education plan. It also noted that according to the Country Analysis of 2012 of the United Nations Country Team, while there had been an increase in the primary enrolment rate, 3.3 million children remain out of school and persistent gender inequalities and wide geographical disparities exist: 62 per cent of the out of school children are girls, and 84 per cent are from rural areas.
The Committee notes the Government’s indication that free and compulsory education is embedded in the legislation (Constitution and Child Act). However, there is still a gap between the legislation and its implementation. To this end, the Ministry of Education has adopted a series of measures to facilitate access to education, including: (i) the private education strategy for 2009–16; (ii) the educational strategy in Darfur for 2009–16; (iii) a strategy on children who are not enrolled in school for 2009–16; and (iv) a strategy on children who are out of school. Moreover, the Committee notes the statistical information provided by the Ministry of Public Education, according to which school enrolment rates increased from 57.5 per cent to 73 per cent during the period from 2000–15. Pre school education enrolment rates also increased from 18.3 per cent to 39.9 per cent during the period from 2001–13, while enrolment rates in secondary schools increased from 24.1 per cent to 37.1 per cent during the same period. In addition, the Government indicates that a programme for girls’ education was developed on the basis of UNICEF reports. The expedited education programme was provided to more than 10,800 school children, including 52 per cent of girls. Eighty trainers received training in the Blue Nile province to increase their capacities in providing effective services in pre-school education. Considering that education is key to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to intensify its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to provide information on the specific measures taken in the context of the various education strategies mentioned above which aim at increasing school attendance rates and reducing school drop-out rates, and the results achieved.
Clause (d). Identifying and reaching out to children at special risk. Street children. In its previous comments, the Committee noted that according to the Country Analysis of 2012 of the United Nations Country Team, the thousands of children living on the streets in Sudan still constituted the largest group of separated and unaccompanied children in the country.
The Committee notes the Government’s indication that, since 2009, a national policy had been developed to address the phenomenon of street children. The Government also indicates that the provinces of Khartoum and of South Kodofan have focused on street children, by establishing a strong social welfare system aimed at protecting vulnerable children. A modern and precise data base was also established on the number of children who were separated from their families, and who were reunited with their families. The Government further states that street children were registered in the expedited education programme and in the vocational training programmes. Children above 12 years of age as well as street children also benefited from the abovementioned programmes. Training services have been provided to street children, and income-generating projects for poor families were also funded. The Committee requests the Government to continue to take effective and time-bound measures to protect children living and working on the street from the worst forms of child labour, and to provide information on the measures taken to ensure the rehabilitation and the integration of these children, as well as the progress achieved in this regard.

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
Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). Slavery and practices similar to slavery. 1. Abductions and the exaction of forced labour. In its early comments, the Committee noted the various legal provisions in Sudan which prohibit the forced labour of children (and abductions for that purpose), including article 30(1) of the Constitution of 2005, section 32 of the Child Act of 2004, and section 312 of the Penal Code. However, the Committee noted the allegations of the International Trade Union Confederation (ITUC) regarding cases of abduction of women and children by the Janjaweed militia. The Committee also noted that with reference to several reports of United Nations bodies, such as the report of the Secretary-General on Children and Armed Conflict, cases of abduction of children with a view to their labour exploitation had been reported in Abyei, Blue Nile and South Kordofan.
The Committee notes the Government’s indication in its report that special courts were set up to eliminate the practice of abduction. Moreover, psychological and social support, education, work opportunities, and skills training were also provided to children who had been abducted. In addition, training was provided to 78 specialists from the Ministries of Social Affairs and of Education, and other partners working on social psychological rehabilitation with the participation of society in the process of reintegration and rehabilitation.
With regard to the penalties imposed on the offenders who abduct children for the exaction of forced labour, the Committee further notes the Government’s indication in its report submitted under the Forced Labour Convention, 1930 (No. 29), that among the prosecutions undertaken by the Special Prosecutor for Darfur, none of the prosecutions were related to cases of abductions for forced labour. The Committee also notes that according to the 2016 report on children and armed conflict of the UN Secretary-General, although impunity for grave violations against children continued to be a concern, there was progress, with arrests being made for sexual violence and the killing and maiming of children. The Secretary-General called upon the Government to ensure accountability for all grave violations (A/70/836 S/2016/360, paragraph 147). The Committee urges the Government to continue to strengthen its efforts to eradicate abductions and the exaction of forced labour from children under 18 years of age, and to provide information on the effective and time-bound measures taken to this end. The Committee also urges the Government to take immediate measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. Lastly, the Committee requests the Government to indicate whether the Committee for the Eradication of Abduction of Women and Children (CEAWC) – referred to in its previous reports – is still operational, and to provide information on its current activities.
2. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted with concern that children were being recruited and forced to join illegal armed groups or the national armed forces in practice.
The Committee notes the Government’s indication that the legislation, including the Child Labour Law, the Police Law, and the Civil Service Law specify that no child under 18 years of age shall be recruited in the army, and that penalties are imposed in cases of recruitment. The Government also indicates that a national campaign for the support of child rights was organized, and carried out by the National Council for Childhood. Several workshops and symposia were held at the national level in addition to the preparation and distribution of awareness-raising and guiding posters in support of the issues of child protection, while paying special attention to the issue of child recruitment in the armed forces. Moreover, the National Council for Childhood, in collaboration with the Child Rights Unit at the Ministry of Defence, carried out a few training courses for officers and other members of the armed forces on children’s rights and protection in armed conflict, as well as training courses on children’s rights and protection across borders.
However, the Committee notes that in its 2014 concluding observations, the UN Human Rights Committee (HRC) was concerned by reports indicating that children are still being recruited and used in armed conflict, and that efforts at monitoring this practice are insufficient. The HRC also recommended that the country redouble its efforts to detect and eradicate the recruitment and use of child soldiers as well as to ensure their prompt disarmament, demobilization and reintegration. The HRC finally recommended that alleged perpetrators be brought to justice and, if convicted, adequately sanctioned (CCPR/CSDN/CO/4, paragraph 24). Furthermore, the Committee observes that according to the 2016 report on children and armed conflict of the UN Secretary-General (A/70/836-S/2016/360, paragraphs 133, 134, 139 and 146) during the reporting period (January to December 2015), four cases of recruitment and use of children by the Sudanese Armed Forces were documented. Two boys were also recruited by the Liberation Movement-North Sudan (SPLM-N) from refugee settlements in South Sudan, and 28 incidents of killing and maiming were documented, affecting 43 and 38 children, respectively. The abduction of eight children, including five in Abyei was also documented. The children were released and reunited with their families following engagement by the UN. Moreover, the country task force on monitoring and reporting verified the recruitment of four boys by the Sudanese Armed Forces in West Darfur, including one who reportedly participated in fighting along with the Abbas faction of the Justice and Equality Movement (JEM). The UN Secretary-General also stated that, during her visit in March 2016, the Special Representative for Children and Armed Conflict was given access to 21 children detained by the National Intelligence and Security Service since April and August 2015. The children had allegedly been recruited in Southern Kordofan and South Sudan and used in combat in Darfur and South Sudan. The Special Representative advocated further access by the UN to the children and their release and reunification with their families. Lastly, the Special Representative highlighted that the Sudan signed in March 2016 an Action Plan to end and prevent the recruitment and use of children by its security forces. While noting certain measures taken by the Government to raise awareness on the issue of children in armed conflict, the Committee expresses its deep concern with regard to the persistence of this practice, especially as it leads to other violations of the rights of children, in the form of abductions, murders and maiming. In this regard, the Committee urges the Government to take immediate and effective measures, in collaboration with the UN bodies operating in the country, to put a stop in practice to the compulsory recruitment of children for use in armed conflict by armed groups and the armed forces. The Committee requests the Government to take the necessary measures to ensure that the Action Plan to end and prevent the recruitment and use of children in the armed forces, signed in 2016 with the UN is promptly and effectively implemented.
Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Child soldiers. In its previous comments, the Committee noted that the Child Soldier Unit was established in order to improve the situation of children associated with armed forces. Its efforts had resulted in the demobilization and reintegration of a considerable number of children in Sudan. The Unit had established a database of child soldiers, with information relating to their registration, reintegration, and follow-up. The Committee also noted that the Government had been facing certain difficulties regarding the funding of the Child Soldier Unit.
The Committee notes the Government’s indication that the Disarmament and Demobilization Commission has adopted the concept of full reintegration of children who were recruited by armed groups and movements, based on societal work. The Commission carried out its work in all regions of the country where there are “vagrant children” in the Blue Nile, Al Qadarif, Kassala, Port Sudan and Al-Junaynah. It consists of providing moral and psychological support as well as raising awareness on the impact of recruitment among children’s groups, in addition to providing services to children in conflict areas and emergency situations. In this regard, in 2015, the Minimum Standards on Protection of Children in Emergency and Crisis Situations were launched. The Committee urges the Government to continue to take effective and time-bound measures to remove children from armed conflict and ensure their rehabilitation and social integration. It also requests the Government to indicate whether the Child Soldier Unit is still functional, and to provide information on its recent activities. Lastly, the Committee requests the Government to supply information on the number of child soldiers removed from armed forces and groups and reintegrated through the actions undertaken by the Disarmament and Demobilization Commission.
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 4(1) of the Convention. 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 Minimum Age Convention, 1973 (No. 138).
Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that 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 relevant legislation.
The Committee notes the Government’s indication that the role of the labour inspection department was strengthened, and that in May 2013, 50 inspectors in different regions of the country were trained in child labour inspection, through the ILO–TACKLE Project. The Committee requests the Government to continue to provide information on the measures taken to strengthen the capacity of the labour inspectorate in order to combat the worst forms of child labour in the country. The Committee also requests the Government to supply information on the results achieved.
Article 7(2). Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that the Ministry of Education was developing a five-year education plan. It also noted that according to the Country Analysis of 2012 of the United Nations Country Team, while there had been an increase in the primary enrolment rate, 3.3 million children remain out of school and persistent gender inequalities and wide geographical disparities exist: 62 per cent of the out of school children are girls, and 84 per cent are from rural areas.
The Committee notes the Government’s indication that free and compulsory education is embedded in the legislation (Constitution and Child Act). However, there is still a gap between the legislation and its implementation. To this end, the Ministry of Education has adopted a series of measures to facilitate access to education, including: (i) the private education strategy for 2009–16; (ii) the educational strategy in Darfur for 2009–16; (iii) a strategy on children who are not enrolled in school for 2009–16; and (iv) a strategy on children who are out of school. Moreover, the Committee notes the statistical information provided by the Ministry of Public Education, according to which school enrolment rates increased from 57.5 per cent to 73 per cent during the period from 2000–15. Pre school education enrolment rates also increased from 18.3 per cent to 39.9 per cent during the period from 2001–13, while enrolment rates in secondary schools increased from 24.1 per cent to 37.1 per cent during the same period. In addition, the Government indicates that a programme for girls’ education was developed on the basis of UNICEF reports. The expedited education programme was provided to more than 10,800 school children, including 52 per cent of girls. Eighty trainers received training in the Blue Nile province to increase their capacities in providing effective services in pre-school education. Considering that education is key to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to intensify its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to provide information on the specific measures taken in the context of the various education strategies mentioned above which aim at increasing school attendance rates and reducing school drop-out rates, and the results achieved.
Clause (d). Identifying and reaching out to children at special risk. Street children. In its previous comments, the Committee noted that according to the Country Analysis of 2012 of the United Nations Country Team, the thousands of children living on the streets in Sudan still constituted the largest group of separated and unaccompanied children in the country.
The Committee notes the Government’s indication that, since 2009, a national policy had been developed to address the phenomenon of street children. The Government also indicates that the provinces of Khartoum and of South Kodofan have focused on street children, by establishing a strong social welfare system aimed at protecting vulnerable children. A modern and precise data base was also established on the number of children who were separated from their families, and who were reunited with their families. The Government further states that street children were registered in the expedited education programme and in the vocational training programmes. Children above 12 years of age as well as street children also benefited from the abovementioned programmes. Training services have been provided to street children, and income-generating projects for poor families were also funded. The Committee requests the Government to continue to take effective and time-bound measures to protect children living and working on the street from the worst forms of child labour, and to provide information on the measures taken to ensure the rehabilitation and the integration of these children, as well as the progress achieved in this regard.

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

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). Slavery and practices similar to slavery. 1. Abductions and the exaction of forced labour. In its early comments, the Committee noted the various legal provisions in Sudan which prohibit the forced labour of children (and abductions for that purpose), including article 30(1) of the Constitution of 2005, section 32 of the Child Act of 2004, and section 312 of the Penal Code. However, the Committee noted the allegations of the International Trade Union Confederation (ITUC) regarding cases of abduction of women and children by the Janjaweed militia. The Committee also noted that with reference to several reports of United Nations bodies, such as the report of the Secretary-General on Children and Armed Conflict, cases of abduction of children with a view to their labour exploitation had been reported in Abyei, Blue Nile and South Kordofan.
The Committee notes the Government’s indication in its report that special courts were set up to eliminate the practice of abduction. Moreover, psychological and social support, education, work opportunities, and skills training were also provided to children who had been abducted. In addition, training was provided to 78 specialists from the Ministries of Social Affairs and of Education, and other partners working on social psychological rehabilitation with the participation of society in the process of reintegration and rehabilitation.
With regard to the penalties imposed on the offenders who abduct children for the exaction of forced labour, the Committee further notes the Government’s indication in its report submitted under the Forced Labour Convention, 1930 (No. 29), that among the prosecutions undertaken by the Special Prosecutor for Darfur, none of the prosecutions were related to cases of abductions for forced labour. The Committee also notes that according to the 2016 report on children and armed conflict of the UN Secretary-General, although impunity for grave violations against children continued to be a concern, there was progress, with arrests being made for sexual violence and the killing and maiming of children. The Secretary-General called upon the Government to ensure accountability for all grave violations (A/70/836 S/2016/360, paragraph 147). The Committee urges the Government to continue to strengthen its efforts to eradicate abductions and the exaction of forced labour from children under 18 years of age, and to provide information on the effective and time-bound measures taken to this end. The Committee also urges the Government to take immediate measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. Lastly, the Committee requests the Government to indicate whether the Committee for the Eradication of Abduction of Women and Children (CEAWC) – referred to in its previous reports – is still operational, and to provide information on its current activities.
2. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted with concern that children were being recruited and forced to join illegal armed groups or the national armed forces in practice.
The Committee notes the Government’s indication that the legislation, including the Child Labour Law, the Police Law, and the Civil Service Law specify that no child under 18 years of age shall be recruited in the army, and that penalties are imposed in cases of recruitment. The Government also indicates that a national campaign for the support of child rights was organized, and carried out by the National Council for Childhood. Several workshops and symposia were held at the national level in addition to the preparation and distribution of awareness-raising and guiding posters in support of the issues of child protection, while paying special attention to the issue of child recruitment in the armed forces. Moreover, the National Council for Childhood, in collaboration with the Child Rights Unit at the Ministry of Defence, carried out a few training courses for officers and other members of the armed forces on children’s rights and protection in armed conflict, as well as training courses on children’s rights and protection across borders.
However, the Committee notes that in its 2014 concluding observations, the UN Human Rights Committee (HRC) was concerned by reports indicating that children are still being recruited and used in armed conflict, and that efforts at monitoring this practice are insufficient. The HRC also recommended that the country redouble its efforts to detect and eradicate the recruitment and use of child soldiers as well as to ensure their prompt disarmament, demobilization and reintegration. The HRC finally recommended that alleged perpetrators be brought to justice and, if convicted, adequately sanctioned (CCPR/CSDN/CO/4, paragraph 24). Furthermore, the Committee observes that according to the 2016 report on children and armed conflict of the UN Secretary-General (A/70/836-S/2016/360, paragraphs 133, 134, 139 and 146) during the reporting period (January to December 2015), four cases of recruitment and use of children by the Sudanese Armed Forces were documented. Two boys were also recruited by the Liberation Movement-North Sudan (SPLM-N) from refugee settlements in South Sudan, and 28 incidents of killing and maiming were documented, affecting 43 and 38 children, respectively. The abduction of eight children, including five in Abyei was also documented. The children were released and reunited with their families following engagement by the UN. Moreover, the country task force on monitoring and reporting verified the recruitment of four boys by the Sudanese Armed Forces in West Darfur, including one who reportedly participated in fighting along with the Abbas faction of the Justice and Equality Movement (JEM). The UN Secretary-General also stated that, during her visit in March 2016, the Special Representative for Children and Armed Conflict was given access to 21 children detained by the National Intelligence and Security Service since April and August 2015. The children had allegedly been recruited in Southern Kordofan and South Sudan and used in combat in Darfur and South Sudan. The Special Representative advocated further access by the UN to the children and their release and reunification with their families. Lastly, the Special Representative highlighted that the Sudan signed in March 2016 an Action Plan to end and prevent the recruitment and use of children by its security forces. While noting certain measures taken by the Government to raise awareness on the issue of children in armed conflict, the Committee expresses its deep concern with regard to the persistence of this practice, especially as it leads to other violations of the rights of children, in the form of abductions, murders and maiming. In this regard, the Committee urges the Government to take immediate and effective measures, in collaboration with the UN bodies operating in the country, to put a stop in practice to the compulsory recruitment of children for use in armed conflict by armed groups and the armed forces. The Committee requests the Government to take the necessary measures to ensure that the Action Plan to end and prevent the recruitment and use of children in the armed forces, signed in 2016 with the UN is promptly and effectively implemented.
Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Child soldiers. In its previous comments, the Committee noted that the Child Soldier Unit was established in order to improve the situation of children associated with armed forces. Its efforts had resulted in the demobilization and reintegration of a considerable number of children in Sudan. The Unit had established a database of child soldiers, with information relating to their registration, reintegration, and follow-up. The Committee also noted that the Government had been facing certain difficulties regarding the funding of the Child Soldier Unit.
The Committee notes the Government’s indication that the Disarmament and Demobilization Commission has adopted the concept of full reintegration of children who were recruited by armed groups and movements, based on societal work. The Commission carried out its work in all regions of the country where there are “vagrant children” in the Blue Nile, Al Qadarif, Kassala, Port Sudan and Al-Junaynah. It consists of providing moral and psychological support as well as raising awareness on the impact of recruitment among children’s groups, in addition to providing services to children in conflict areas and emergency situations. In this regard, in 2015, the Minimum Standards on Protection of Children in Emergency and Crisis Situations were launched. The Committee urges the Government to continue to take effective and time-bound measures to remove children from armed conflict and ensure their rehabilitation and social integration. It also requests the Government to indicate whether the Child Soldier Unit is still functional, and to provide information on its recent activities. Lastly, the Committee requests the Government to supply information on the number of child soldiers removed from armed forces and groups and reintegrated through the actions undertaken by the Disarmament and Demobilization Commission.
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 4(1) of the Convention. Determination of hazardous work. The Committee previously noted 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 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 related to the Tackling Child Labour through Education (TACKLE) Project of April 2012 that the Government has made significant progress in revising the list of types of hazardous work prohibited to children, including with the support of ILO–IPEC. ILO–IPEC indicates that the Child Labour Unit is taking the lead on the development of the list of types of hazardous work. In January 2012, the National Steering Committee endorsed a list of hazardous activities, and the list is awaiting ministerial decree. The Committee 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 5. Monitoring mechanisms. In its previous comments, the Committee noted the Government’s statement that one of the difficulties encountered in the application of the Convention was the weakness of the labour inspectorate, including the inspection of child labour, mainly due to the lack of computers and vehicles used in inspection. However, the Committee noted the Government’s indication that efforts were ongoing to provide the labour inspectorate with the required logistical support.
The Committee notes the Government’s indication 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 requests the Government to continue to provide information on the specific measures taken by the labour inspectorate to strengthen efforts to combat the worst forms of child labour in the country.
Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted that Sudan was one of 11 countries participating in the ILO–IPEC TACKLE project. In this regard, the Committee notes the information from ILO–IPEC, concerning the TACKLE Project, that the Child Labour Unit was officially established within the Ministry of Labour in July 2011, composed of key government stakeholders, social partners and civil society representatives, and that this Unit also functions as the secretariat of the National Steering Committee on Child Labour. The Committee requests the Government to continue to provide information on the programmatic measures undertaken to combat the worst forms of child labour, including through the ILO–IPEC TACKLE Project, as well as on the results achieved.
Article 7(2). Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that article 44(2) of the Constitution of 2005 specifies that education at the primary level is compulsory and is provided free of charge, and that section 28(2) of the Child Act of 2010 states that the Government shall provide for free basic primary education. However, the Committee noted the information from UNICEF of February 2011 that in practice, many children cannot access school due to school fees (A/HRC/WG.6/11/SDN/2, paragraph 48).
The Committee notes the information in the Government’s report that it intends to take measures to provide equal opportunities in education and training in both rural and urban areas. Moreover, the Committee notes the information from ILO–IPEC of April 2012 that the Ministry of Education is developing a five-year education plan for the country and that ILO–IPEC has been working with the Ministry of Education within the framework of the TACKLE Project to ensure that effective education strategies to combat child labour are integrated into the plan and into work on the non-formal education curriculum. Moreover, capacity-building workshops were organized by the Ministry of General Education and the National Council for Child Welfare to enhance partnerships to tackle child labour through education and to discuss the national policy on education planning and coordination in order to address the root causes of child labour such as access to education and early drop-out. However, the Committee also notes the information in the Country Analysis of 2012 of the United Nations Country Team that Sudan will not reach the Millennium Development Goal regarding universal primary education, that poverty and illiteracy deprive children from poor families from attending school, and that costs related to schooling, such as uniforms, school supplies and other fees remain an obstacle in access to education. While there has been an increase in the primary enrolment rate, 3.3 million children remain out of school and persistent gender inequalities and wide geographical disparities exist: 62 per cent of the out of school children are girls, and 84 per cent are from rural areas. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to facilitate access to free basic education in the country, paying particular attention to girls and children from rural areas. In this regard, it requests the Government to provide information on the impact achieved through the provision of free basic education, particularly with regard to increasing school enrolment rates as well as decreasing school drop-out rates in primary education and the number of out-of-school children.
Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted that the Committee on the Rights of the Child (CRC) expressed concern, in its concluding observations of 10 October 2010, at the high numbers of children in street situations in major cities, including Khartoum, who are vulnerable to sexual abuse and various forms of exploitation.
The Committee notes the Government’s statement in its report submitted to the Human Rights Council of 11 March 2011 that there remain a number of challenges to the full operationalization of children’s rights, including the significant migration from rural to urban areas, which leads to a prevalence of begging and street children (A/HRC/WG.6/11/SDN/1, paragraph 79). The Committee also notes the information in the 2012 Country Analysis of the United Nations Country Team that the thousands of children living on the streets in Sudan still constitute the largest group of separated and unaccompanied children in the country. However, the Committee also notes the Government’s statement, in its report to the Human Rights Committee of 16 October 2012, that the Ministry of Welfare and Social Security has adopted a national policy for addressing the phenomenon of child homelessness, including the establishment of community-based protection mechanisms and that street children were registered in educational and vocational training programmes (CCPR/C/SDN/4, paragraph 239). Recalling that children living and working on the street are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to pursue its efforts to protect these children from the worst forms of child labour, and to provide information on the measures taken in this regard as well as the results achieved.
Part V of the report form. Application of the Convention in practice. The Committee previously noted that the CRC, in its concluding observations of 21 June 2007, expressed regret regarding insufficient information on the extent and prevalence of sale, trafficking, child prostitution and child pornography in the country and that there was no centralized system of data collection on child protection issues (CRC/C/OPSC/SDN/CO/1, paragraph 7). It also noted the Government’s indication that the Ministry of Labour was undertaking a survey to classify children and their work, as well as to determine the number of working children.
The Committee takes due note of 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 Committee requests the Government to provide any up-to-date statistical information on the worst forms of child labour, in particular the sale and trafficking of children for labour or commercial sexual exploitation, child prostitution and children in hazardous work, when available. To the extent possible, all information provided should be disaggregated by sex and age.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery and practices similar to slavery. The Committee notes the Government’s statement that it is concerned over the increase in cases of abduction, recruitment and exploitation of children by certain armed movements and groups. It affirms the need for more serious measures to be taken within the framework of the efforts of the international community against the armed movements that abduct, recruit and exploit children. It also notes the Government indication that it has concluded a number of agreements with the State of South Sudan with a view to securing the borders between the two States, in order to protect civilians, particularly children.
1. Abduction and the exaction of forced labour. The Committee previously noted the various legal provisions in Sudan which prohibit the forced labour of children (and abductions for that purpose), including article 30(1) of the Constitution of 2005, section 32 of the Child Act of 2004, and section 312 of the Penal Code. However, the Committee also noted the allegations of the International Trade Union Confederation (ITUC) regarding cases of abduction of women and children by the Janjaweed militia. The ITUC indicated that the signing of a comprehensive peace agreement (CPA) in January 2005 (and the adoption of the interim Constitution) provided a historic opportunity for the new Government of Sudan to resolve the problem of abductions. In 2009, the Committee noted that according to the Report of Activities of the Committee for the Eradication of Abduction of Women and Children (CEAWC), submitted by the Government, the CEAWC had successfully identified and resolved 11,237 of the 14,000 cases of abduction and reunified 3,398 abductees with their families. However, the Committee noted that the ILO Conference Committee on the Application of Standards, in its conclusions adopted in June 2010 on the application of the Forced Labour Convention, 1930 (No. 29), by Sudan, observed that there was no up-to-date information available on the activities of the CEAWC with regard to the number of victims identified or reunited with their families since 2008. In addition, the Committee noted that the Committee on the Rights of the Child (CRC) in its concluding observations of 10 October 2010, expressed concern over the abduction of children for the purpose of forced labour (CRC/C/SDN/CO/3-4, paragraph 78). The UN Secretary-General’s Security Council report on children and armed conflict in Sudan of 5 July 2011 indicated that while within the three states of Darfur, allegations of the abduction of children had declined, there remained reports of this practice. In addition, the 13th periodic report of the UN High Commissioner for Human Rights on the situation of human rights in Sudan of August 2011 stated that the Human Rights Component of the UN Mission in Sudan continued to receive reports of abductions, including of children (S/2011/413, paragraphs 30–31).
The Committee notes the Government’s statement that cases of abduction and forced labour which were a direct by-product of the civil war and ancient long-standing tribal practices, particularly in the southwest Sudan, have been brought to an end. The Government indicates that this is confirmed by the working group formed by the Chairman of the Advisory Council on Human Rights, which reported that specific regions have not had any abductions since the declaration of the new State of South Sudan. However, the Committee also notes the Government’s statement in its report that it is concerned over the increases in cases of abduction by armed movements such as the Popular Movement in the Northern sector (SPLMN-N) and the Justice and Equality Movement (JEM) and that stronger measures need to be taken against such groups.
The Committee notes that the Working Group on Children and Armed Conflict, in its conclusions on children and armed conflict in the Sudan of 11 October 2012, noted a decrease in cases of abduction of children in Darfur. The Committee also notes that according to the report of the Secretary-General on children and armed conflict of 26 April 2012, there were allegations of abductions of children in Abyei, Blue Nile and South Kordofan in 2011, (A/66/782, paragraph 114). In this regard, it notes the Government’s statement that the Minister of Justice has formed a fact-finding committee to investigate instances of the abduction of children in South Kordofan, in accordance with Decision No. 11 of 2012.
The Committee, therefore, observes that there appears to have been tangible steps taken to combat the forced labour of children, including the decline of reported abductions of children in the Darfur region, but that these practices remain an issue of concern. Accordingly, the Committee urges the Government to strengthen its efforts to eradicate abductions and the exaction of forced labour from children under 18 years, and to provide information on the effective and time-bound measures taken to this end. It requests the Government to provide information on results achieved in this regard and to provide a copy of the most recent report of the CEAWC, with its next report.
2. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that the Government armed forces, including the paramilitary Popular Defence Forces (PDF), the Government-backed militias and other armed groups, including tribal groups not allied to government or armed opposition groups, had forcibly recruited child soldiers in Sudan. However, the Committee noted that the CPA of 2005 requires the demobilization of all child soldiers in the span of six months as from the date on which the CPA is signed and that both the Sudan Armed Forces Act (adopted in 2007) and the Child Act (adopted in 2010) prohibit the recruitment of children. Nonetheless, the Committee noted the information in the UN Secretary-General’s report on children and armed conflict in Sudan of 5 July 2011 that between January 2009 to February 2011, 501 children (including six girls) were verified as being associated with at least ten armed forces and armed groups in Darfur. While this represented a decline in the number of children associated with armed groups in Darfur, this report also indicated that the monitoring of the recruitment of children in armed groups continued to be seriously hampered by difficulties related to security, access to non-government controlled areas and movement restrictions imposed by the Government (S/2011/413, paragraph 17).
The Committee notes the Government’s statement that the Child Soldier Unit (within the Northern Sudan Disarmament, Demobilization and Reintegration (DDR) Commission) works to sensitize armed forces and groups as to the need to demobilize child recruits and to raise awareness and knowledge of the rights of children in communities afflicted by the phenomenon of child recruitment. The Government also indicates that the Ministry of Defence was involved in the development of a plan to end the recruitment and use of children, adopted in 2009. However, the Government states that continued armed struggle, and the continued recruitment of children, are taking place in Darfur, and that the conflicts have flared up in South Kordofan and Blue Nile, with children being forcibly recruited by rebel movements. In this regard, the Committee notes the information in the report of the Secretary-General on children and armed conflict of 26 April 2012 that the country task forces on monitoring and reporting documented 45 cases of recruitment and use of children for armed conflict in Darfur in 2011, representing a significant decrease from the 115 recorded in 2010. Of the 45 cases, seven were perpetrated by the Sudanese police force; five by the Border Intelligence Forces; five by Central Reserve Police; 14 by pro-Government militias; five by the Sudan Liberation Army (SLA)/Abdul Wahid; three by the Popular Defence Forces (PDF); one by the Sudanese Armed Forces; one by SLA/Minni Minawi; one by JEM; and three by unidentified armed groups. The majority of these incidents took place in government-controlled areas (A/66/782, paragraph 109). This report also indicates that cases of recruitment and use of children significantly increased in the Three Areas (Abyei, Blue Nile and South Kordofan) in 2011, with 52 verified cases compared with eight in 2010 (A/66/782, paragraph 114).
While noting the apparent decline of the number of children associated with armed groups in the Darfur region, the Committee must once again express its concern that children are still being recruited and forced to join illegal armed groups or the national armed forces in practice, and that this practice appears to be increasing in the Three Areas. It expresses its serious concern with regard to the persistence of this practice, especially as it leads to other violations of the rights of children, in the form of abductions, murders and sexual violence. In this regard, the Committee refers to the conclusions of the Working Group on Children and Armed Conflict on children and armed conflict in Sudan of 11 October 2012, expressing concern regarding the presence of children in the armed forces and associated forces, and urging the Government to address that issue and prevent the recruitment and use of children, according to its national legislation and international obligations (S/AC.51/2012/1, paragraph 16). Recalling that the forced recruitment of children under 18 years is among the worst forms of child labour, the Committee urges the Government to adopt, as a matter of urgency, immediate and effective measures, in collaboration with the UN bodies operating in the country, to put a stop in practice to this recruitment by armed groups and the armed forces. The Committee requests the Government to continue to provide information on the concrete measures taken in this regard, and on the results achieved.
Article 7(1). Forced labour. Penalties. The Committee previously noted that the Penal Code of 2003 and the Child Act of 2004 contained various provisions which provide for sufficiently effective and dissuasive penalties of imprisonment and fines for anyone who commits the offence of the forced labour of children. However, the Committee also noted the ITUC’s allegation that the impunity enjoyed by those responsible for abductions and the exaction of forced labour – illustrated by the absence of any prosecutions for abductions in the last 16 years – had been responsible for the continuation of this practice throughout the civil war and more recently in Darfur. In this regard, the Committee noted the Government’s statement of November 2005 that all of the tribes concerned, including the Dinka Chiefs Committee, have requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes are not successful, due to the following reasons: that legal action is very long and expensive; that it may threaten the life of young abductees; and that it will not build peace among the tribes concerned. However, the Committee noted that the CRC, in its concluding observations of 10 October 2010, expressed concern at the de facto impunity enjoyed by perpetrators of the abduction of children for the purpose of forced labour (CRC/C/SDN/CO/3-4, paragraph 78).
The Committee notes the Government’s statement that failure to penalize the abduction, recruitment and exploitation of children leads the leaders of the relevant groups to conclude that placing children at risk is permissible as long as it is not criminalized. The Government states that, for the purpose of accountability, the armed forces is considering conducting a statistical study of military crimes with a view to creating a military criminal register, which would contain offences committed in violation of the provisions of the 2007 Armed Forces Act as well as the Penal Code. The Government also indicates that the file on the CEAWC has been referred to the Ministry of Justice. The Government further indicates in its report that it has appointed a special prosecutor for crimes committed in Darfur, and that the President of the Judiciary has established a special court for crimes committed in Darfur. In this regard, the Committee notes the information from the Report of the Secretary-General on the African Union-United Nations Hybrid Operation in Darfur of 10 January 2013 that the Office of the Special Prosecutor for crimes committed in Darfur has commenced its work, and that by December 2012, it had opened investigations into ten cases, among them crimes committed in 2005, 2010, 2011 and 2012 (S/2013/22, paragraph 6).
The Committee once again reminds the Government that, by virtue of Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee considers that the lack of enforcement of the penal provisions prohibiting the forced labour of children under 18 years, while sometimes ensuring that victims are effectively retrieved, has the effect of ensuring impunity for perpetrators instead of punishing them. The Committee requests the Government to pursue and strengthen its efforts to ensure that thorough investigations and robust prosecutions of any persons, including members of the Government’s armed forces, who abduct children under 18 for the exaction of forced labour, or who forcibly recruit them for use in armed conflict, are carried out. It also requests the Government to take the necessary measures to ensure that sufficiently effective and dissuasive sanctions are imposed on offenders in practice. It requests the Government to continue to provide information on measures taken in this regard, including by the office of special prosecutor for crimes committed in Darfur, and to provide any available information on the number of investigations, prosecutions, convictions and penal sanctions applied.
Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Child soldiers. The Committee previously noted the Government’s indication that through the Northern Sudan DDR Commission, established by the CPA, efforts were deployed to provide psychological and social support as well as education and skills training to former child soldiers. Moreover, the UN Secretary-General’s report on children and armed conflict in Sudan of 5 July 2011 indicated that, from February 2009 to February 2011, the Northern Sudan DDR Commission had registered 1,041 former child soldiers in Darfur. However, this report also indicated that the re-recruitment of children who had been separated from armed forces or groups had occurred, and that this could be addressed only through the provision of support for the long-term reintegration of children (S/2011/413, paragraphs 20, 23 and 89).
The Committee notes the Government’s statement that within the framework of the Northern Sudan DDR Commission, the Child Soldier Unit functions as a technical division tasked with improving the situation of children associated with armed forces or groups in the country. While the Child Soldier Unit’s efforts have resulted in the demobilization and reintegration of a considerable number of children in Sudan, focusing on regions where significant numbers of children are at risk of being recruited, such as Darfur, and that activities of the Unit have expanded into the Three Areas. The Child Soldier Unit has established a database of child soldiers, with information relating to their registration, reintegration, and follow-up. The Government indicates that the Ministry of Social Affairs in Khartoum is working towards employment integration for such children over the minimum age, identifying opportunities for former child soldiers who have completed the reintegration process. The Government states that it is important to provide for the economic integration of children to ensure the success of their psychological and social reintegration.
The Government provides detailed information on the activities which have been undertaken, indicating that a total of 1,695 children have been registered, 593 of whom have been enrolled in school and 123 of whom have been provided with training opportunities. While work in the Eastern state (Kassala and the Red Sea state) saw notable progress, work in the Central Sector as well as South Kordofan and Blue Nile faced numerous challenges. In the Blue Nile state, the Child Soldier Unit was able to demobilize 140 of 220 children associated with the Popular Movement (SPLM), and efforts will be made to demobilize the rest of them. However, 78 children have been recruited or re-recruited in the Blue Nile state and South Kordofan, and 34 demobilized children could not be located. According to the Government, the challenge was the greatest in Darfur. The Government further indicates that reintegration projects have been negatively impacted by a decline in funding due to the global financial crisis and the priorities of donors. The political and security circumstances in the Three Areas and Darfur have also slowed the pace and diminished the quality of the work of the Child Soldier Unit. Noting the difficulties experienced by the Government, the Committee urges the Government to continue to take, in collaboration with the UN, effective and time-bound measures to remove children from armed conflict and ensure their rehabilitation and social integration, with particular attention to children at risk of re-recruitment. In this regard, it requests the Government to continue to supply information on the number of children under 18 years of age who have been removed from armed forces, rehabilitated and reintegrated into their communities as a result of the ongoing disarmament, demobilization and reintegration efforts.
The Committee is raising other points in a request addressed directly to the Government.

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

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. The Committee previously requested the Government to take the necessary measures to ensure that provisions fixing the minimum age for hazardous work at 18 years were adopted.
In this regard, the Committee notes that the Child Act of 2010 was adopted in February 2010. It notes 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 jeopardise 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, and that section 1(3) states that the provisions of the Child Act shall have precedence over any contradictory provisions in other legislation.
Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s indication that 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. It noted that the draft list, which contains about 55 occupations or industries prohibited for children, was in the process of being approved. The Government indicated that this list would be approved by the competent authorities and shall be annexed to the draft Labour Act, once it was adopted. The Committee requested the Government to take measures to ensure that the draft list of types of hazardous work was adopted.
The Committee notes 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 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 immediate 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, as a matter of urgency. It requests the Government to provide a copy of this list, once adopted.
Article 5. Monitoring mechanisms. In its previous comments, the Committee noted the Government’s statement that one of the difficulties encountered in the application of the Convention was the weakness of the labour inspectorate, including the inspection of child labour, mainly due to the lack of computers and vehicles used in inspection and the necessary funds to undertake research and studies. However, the Committee noted the Government’s indication that efforts were ongoing to provide the labour inspectorate with the required logistical support. It requested the Government to pursue its efforts, and to provide information on the results achieved in this regard.
The Committee notes the Government’s statement 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 that section 54 of the Child Act of 2010 specifies that a police unit to protect children and the family will be established, with the mandate to undertake investigations on infringements and crimes against children. This unit shall also take measures to prevent and protect children from all infringements, as well as refer detected infringements to the prosecutors responsible for children. In this regard, the Government indicates that specific units were set up inside the provincial police to strengthen the existing structures for children who are awaiting appeals and to provide special services to children who are victims of mistreatment. Such units shall be staffed by social researchers, public prosecutors, legal and judicial staff, as well as specialists in health psychological and social rehabilitation. The Committee requests the Government to provide information on the results achieved through the establishment of police units to protect children and families, with regard to combating the worst forms of child labour.
Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted the Government’s indication that a tripartite committee was set up to formulate programmes of action aimed at the eradication of the worst forms of child labour. The Committee requested information on the programmes of action adopted.
The Committee notes the Government’s statement 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 also indicates that events were held on the International Day on Child Labour, with a focus on hazardous child labour and the importance of education. The Government further indicates that a symposium on the role of trade unions in the elimination of child labour was held. In addition, 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 project entitled “Tackling child labour through education” (TACKLE) project. The Committee requests the Government to continue to provide information on programmatic measures undertaken to combat the worst forms of child labour, including through the ILO–IPEC TACKLE project.
Article 7(2). Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that article 44(2) of the Constitution of 2005 of the Transitional Sudan Republic specifies that education at the primary level is compulsory and is provided free of charge. However, it had noted that according to the 2008 UNESCO Global Monitoring Report – Education for All, 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.
The Committee notes that section 28(2) of the Child Act of 2010 states that the Government shall provide for free basic primary education. Moreover, section 28 (3) of the Child Act of 2010 states that the Government shall endeavour to provide free education at the secondary level for orphans, persons with disabilities, poor people and persons with unknown parents. The Committee also notes the information in the Government’s report submitted under the Minimum Age Convention, 1973 (No. 138), 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. However, the Committee notes the information from UNICEF in the compilation prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of the Human Rights Council of 24 February 2011 that in practice, many children cannot access school due to school fees (A/HRC/WG.6/11/SDN/2, paragraph 48). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to facilitate access to free basic education in the country. In this regard, it requests the Government to provide information on the impact achieved through the provision of free basic education, particularly with regard to increasing school enrolment rates and decreasing school drop-out rates in primary education.
Clause (b). Assistance for the removal of children from the worst forms of child labour. Child victims of trafficking for camel jockeying. The Committee previously noted that, according to the reply of the Government to the list of issues of the Committee on the Rights of the Child (CRC) raised in connection with the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography of 10 April 2007, Sudan is a source country of children trafficked toward the Gulf countries to become engaged in camel jockeying. The Government indicated that a Committee on Eradication of Employment of Sudanese Children in Gulf States was created and various measures were adopted to combat the exploitation of children in camel racing, including the signing of a Memorandum of Understanding with UNICEF on the protection and integration of children participating in camel racing in the United Arab Emirates (UAE) (CRC/C/OPSC/SDN/Q/1/Add.1, pages 23–27). The Committee also noted that, according to information from UNICEF, an agreement was signed by the UAE and UNICEF on 23 April 2007 to establish a second and expanded phase of their programme (until May 2009) to rehabilitate and repatriate child camel jockeys to their country of origin. The Committee noted, however, the concern expressed by the CRC, in its concluding observations of 21 June 2007, that there continued to be cases where children, especially those belonging to particular tribes, are trafficked to the Middle East to be used as camel jockeys (CRC/C/15/Add.190, paragraph 33). Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the results achieved through the programme to repatriate and rehabilitate former child victims of trafficking for the purpose of camel racing.
Clause (d). Identifying and reaching out to children at special risk. Disadvantaged children: refugees, internally displaced children and street children. The Committee previously noted that, the CRC in its concluding observations of 21 June 2007 under the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, noted that the conflict situation in Sudan, combined with extreme poverty, drought and famine, had contributed to the significant number of street children and internally displaced children who are particularly vulnerable to all forms of exploitation, including acts covered by the Optional Protocol (CRC/C/OPSC/SDN/CO/1, paragraph 17). The CRC expressed concern at reports that these children may resort to prostitution as a means for survival in exchange for food, money or basic goods.
The Committee notes that the CRC, in its concluding observations of 10 October 2010, expressed concern at the high numbers of children in street situations in major cities, including Khartoum, who are vulnerable to sexual abuse and various forms of exploitation (CRC/C/SDN/CO/3-4, paragraph 80). The CRC also noted with concern that refugee and asylum seeking children in the Sudan are especially vulnerable to, inter alia, exploitation and trafficking (CRC/C/SDN/CO/3-4, paragraph 70). The Committee, therefore, urges the Government to take effective and time-bound measures to protect these vulnerable children from the worst forms of child labour and to provide information on the results achieved in this regard.
Part V of the report form. Application of the Convention in practice. The Committee previously noted that the CRC, in its concluding observations of 21 June 2007, expressed regret regarding insufficient information on the extent and prevalence of sale, trafficking, child prostitution and child pornography in the country and that there was no centralized system of data collection on child protection issues (CRC/C/OPSC/SDN/CO/1, paragraph 7).
The Committee notes the information in the Government’s 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 encourages the Government to pursue it efforts in this regard, and expresses the hope that this survey will include information on the worst forms of child labour, including the sale and trafficking of children for labour or commercial sexual exploitation, child prostitution and hazardous work. It requests the Government to provide any up-to-date statistical information on these worst forms of child labour, when available. To the extent possible, all information provided should be disaggregated by sex and age.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery and practices similar to slavery. 1. Abduction and the exaction of forced labour. The Committee previously noted the various legal provisions in Sudan which prohibit the forced labour of children (and abductions for that purpose), including article 30(1) of the Constitution of the Transitional Sudan Republic of 2005, section 32 of the Child Act of 2004, and section 312 of the Penal Code. The Committee also noted, in its previous comments under the Forced Labour Convention, 1930 (No. 29), the International Trade Union Confederation’s (ITUC) allegations regarding cases of abduction of women and children by the Janjaweed militia, including some cases of sexual slavery. The Committee further noted the information contained in the ITUC’s 2005 communication that the signing of a Comprehensive Peace Agreement (CPA) in January 2005 (and the adoption of the interim Constitution) provided a historic opportunity for the new Government of Sudan to resolve the problem of abductions, but that this would not automatically lead to an end of abductions and the exaction of forced labour. In this regard, the Committee noted, in 2009, that, according to the Report of Activities of the Committee for the Eradication of Abduction of Women and Children (CEAWC), submitted with the Government’s report, that the CEAWC had successfully identified and resolved 11,237 of the 14,000 cases of abduction and reunified 3,398 abductees with their families. However, it noted the information from the Secretary-General of the United Nations (UN), in a Security Council report on Children and Armed Conflict in the Sudan, of 10 February 2009, that there had been many instances of child abductions reported in southern Sudan and Darfur in 2007, as well as continuing concerns about incidents of abductions in 2008 (S/2009/84, paragraphs 35–37).
The Committee notes that the Conference Committee, in its conclusions adopted in June 2010 on the application of Convention No. 29 by Sudan, observed that there was no up-to-date information available on the activities of the CEAWC with regard to the number of victims identified or reunited with their families since 2008. In addition, the Committee refers to its comments under Convention No. 29 in 2010, where the Committee noted the Government’s repeated statement that abductions have stopped completely, but observed with concern that this statement is in contradiction with other reliable sources of information.
The Committee notes that the Committee on the Rights of the Child (CRC) in its concluding observations of 10 October 2010, expressed concern over the abduction of children for the purpose of forced labour (CRC/C/SDN/CO/3–4, paragraph 78). The Committee also notes the information in the UN Secretary General’s Security Council report on children and armed conflict in Sudan of 5 July 2011 that while, within the three states of Darfur, allegations of the abduction of children have declined, there remain reports of this practice. Moreover, the Committee notes the information in the 13th periodic report of the UN High Commissioner for Human Rights on the situation of human rights in Sudan of August 2011 that the Human Rights Component of the UN Mission in Sudan continued to receive reports of abductions, including of children (paragraphs 30 and 31). The Committee must once again observe that, while there appear to have been tangible steps to combat the forced labour of children, including the decline of reported abductions of children in the Darfur region, there is no verifiable evidence that the forced labour of children has been eradicated. Therefore, although the national legislation appears to prohibit abductions and the exaction of forced labour, these practices remain an issue of concern. In this regard, the Committee once again reminds the Government that, by virtue of Article 3(a) of the Convention, forced labour is considered to be one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It strongly urges the Government to strengthen its efforts to improve the situation and to take effective and time-bound measures to eradicate abductions and the exaction of forced labour from children under 18 years, as a matter of urgency. It also requests the Government to provide information on the measures taken to remove children from situations of abduction and forced labour and to provide for their rehabilitation and social integration, and to continue providing information on the results achieved.
2. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that the Government armed forces, including the paramilitary Popular Defence Forces (PDF), the Government-backed militias, the Sudan People’s Liberation Army (SPLA) and other armed groups, including tribal groups not allied to government or armed opposition groups, had forcibly recruited child soldiers in the north and the south of Sudan. The Committee observed that recruitment took place predominantly in Western and Southern Upper Nile, Eastern Equatoria and the Nuba Mountains, and that by 2004, an estimated 17,000 children remained in the government, SPLA and militia forces. However, the Committee noted that section 9(24) of the Sixth Protocol of the CPA of 2005 requires “the demobilization of all child soldiers in the span of six months as from the date on which the Comprehensive Peace Agreement is signed”. Section 9(1)(10) of the Protocol considers the conscription of children a violation of the provisions of the Agreement. The Committee also noted that the Sudan Armed Forces Act was adopted in December 2007, which fixes the minimum age of recruitment at 18 years and criminalizes the recruitment of anyone under 18. Nonetheless, the Committee noted that the UN Secretary General in his report on children and armed conflict in the Sudan of 10 February 2009, indicated that UN field monitors reported, inter alia, the recruitment and use of children by the SPLA, the presence of 55 uniformed children aged 14 to 16 years among Sudan Armed Force (SAF) and the recruitment and use of 487 children by various armed forces and groups operating in all three Darfur states (S/2009/84, paragraphs 9–17). The Committee, therefore, urged the Government to take immediate measures to end, in practice, the forcible recruitment of children into armed forces.
The Committee notes that section 43 of the Child Act of 2010, adopted in February 2010, prohibits the enlistment, appointment or employment of children in armed conflicts, in armed groups or their employment in armed operations. However, the Committee notes with concern an absence of information in the Government’s report on measures taken to apply this provision, or the provisions of the Sudan Armed Forces Act with regard to the forcible recruitment of children in armed conflict.
The Committee notes the statement in the UN Secretary-General’s report on children and armed conflict in Sudan of 5 July 2011, that the recruitment and use of children by SPLA was verified in the three transitional areas (Abyei, Southern Kordofan and Blue Nile States) during the period covered by this report (between January 2009 to February 2011), including approximately 800 children observed at the SPLA division headquarters in Samari, Blue Nile State (S/2011/413, paragraph 15). This report also indicates that, over the same period, 501 children (including six girls) were verified as being associated with at least ten armed forces and armed groups in Darfur (S/2011/413, paragraph 17). This report indicates that this represents a decline in the number of children associated with armed groups in Darfur, which may be partially due to ongoing intense advocacy with the armed forces and armed groups to raise awareness, resulting in commitments to end the recruitment and use of child soldiers. However, this report also indicates that the monitoring of the recruitment of children in armed groups continued to be seriously hampered by difficulties related to security, access to non-Government-controlled areas and movement restrictions imposed by the Government (S/2011/413, paragraph 17).
While noting the apparent decline of the number of children associated with armed groups in the Darfur region, the Committee must once again express its concern that children are still being recruited and forced to join illegal armed groups or the national armed forces in practice. It expresses its serious concern with regard to the persistence of this practice, especially as it leads to other violations of the rights of children, in the form of abductions, murders and sexual violence. In this regard, the Committee refers to the UN Secretary-General’s call to the Government to take steps as a matter of urgency to address the continued presence of children in SAF and its associated forces (S/2011/413, paragraph 83). The Committee urges the Government to adopt, as a matter of urgency, immediate and effective measures, in collaboration with the UN bodies operating in the country, to put a stop in practice to the forced recruitment of children under 18 years of age by armed groups and the armed forces. It also urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of any persons, including members of the Government’s armed forces, who forcibly recruit children under 18 years for use in armed conflict, are carried out, and that sufficiently effective and dissuasive sanctions are imposed on offenders in practice. The Committee requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved.
Article 7(1). Forced labour. Penalties. The Committee previously noted that the Penal Code of 2003 and the Child Act of 2004 contained various provisions which provide for sufficiently effective and dissuasive penalties of imprisonment and fines for anyone who commits the offence of the forced labour of children. However, the Committee also noted the ITUC’s allegation that the impunity enjoyed by those responsible for abductions and the exaction of forced labour – illustrated by the absence of any prosecutions for abductions in the last 16 years – has been responsible for the continuation of this practice throughout the civil war and more recently in Darfur. In this regard, the Committee noted the Government’s statement of November 2005 that all of the tribes concerned, including the Dinka Chiefs Committee, have requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes are not successful, due to the following reasons: that legal action is very long and expensive; that it may threaten the life of young abductees; and that it will not build peace among the tribes concerned. The Committee considered that the lack of enforcement of the penal provisions prohibiting the forced labour of children under 18 years, while sometimes ensuring that victims are effectively retrieved, had the effect of ensuring impunity for perpetrators instead of punishing them. It requested the Government to take the necessary measures to ensure that sufficient penalties are applied to persons who engage children under 18 in forced labour, and to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.
The Committee notes with concern an absence of information in the Government’s report on the application of the relevant penalties in practice. Referring to its comments made under Convention No. 29, the Committee notes the Government’s view that there is an argument for not pursuing prosecutions against those responsible for abductions and forced labour in the spirit of national reconciliation.
However, the Committee notes that the CRC, in its concluding observations of 10 October 2010, expressed concern at the de facto impunity enjoyed by perpetrators of the abduction of children for the purpose of forced labour (CRC/C/SDN/CO/3-4, paragraph 78). In this regard, referring to its comments made under Convention No. 29, the Committee reiterates that the failure to apply penal sanctions with respect to perpetrators of the forced labour of children is contrary to this Convention and may have the effect of creating an environment of impunity for abductors who exploit forced labour. The Committee once again reminds the Government that, by virtue of Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee once again requests the Government to take the necessary measures to ensure the protection of children under 18 years of age against abductions for the exaction of forced labour, including by ensuring that sufficiently effective and dissuasive penalties are imposed in practice on persons who commit this offence. It also requests the Government to provide information, in its next report on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied in this regard.
Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Child soldiers. The Committee previously noted that the UN Secretary-General, in his report on children and armed conflict in the Sudan of 10 February 2009, indicated that during the reporting period (1 August 2007 to 30 December 2008), almost 600 children formerly associated with armed forces and groups, under the CPA, as well as 12,000 other vulnerable children, were supported through reintegration programmes across the Sudan. It noted that the National Council for Disarmament, Demobilization and Reintegration (DDR) Coordination and the Northern Sudan DDR Commission were established by the CPA in February 2006, and that the reintegration of approximately 300 children had begun. However, although the CPA (signed in January 2005) had called for the immediate and unconditional release of all children from various fighting forces and groups within six months, the Secretary-General pointed out that children continued to be recruited and used by all parties to the conflict (S/2009/84, paragraphs 56–60).
The Committee notes that section 44 of the Child Act of 2010 provides that the competent body responsible for the demobilization and reintegration shall design programmes to help with the demobilizing of children in coordination with other bodies (military and security institutions, as well as armed groups), and endeavour to reintegrate these children socially and economically. The Committee also notes the Government’s indication that, through the Northern Sudan DDR Commission, efforts were deployed to provide psychological and social support as well as education and skills training to children. The Government indicates that several training programmes were organized for employees for the purpose of tracking children who were kidnapped and to ensure their reintegration. The Government also indicates that 78 specialists from the Ministry of Social Affairs and the Ministry of Education were trained on child protection, conflict resolution, social and psychological rehabilitation, as well as on the participation of community in the reintegration and rehabilitation process.
The Committee further notes the information in the UN Secretary-General’s report on children and armed conflict in Sudan of 5 July 2011 that, following consistent advocacy efforts by the UN, the first demobilization of 88 children from SPLA in Kurmuk, Blue Nile State, was carried out on 14 May 2009. This was followed by the demobilization of an additional 140 children by 30 December 2010 (S/2011/413, paragraph 22). This report also indicates that, from February 2009 to February 2011, the Northern Sudan DDR Commission, with the support of the UN, registered 1,041 former child soldiers in Darfur. However, this report also indicated cases involving the re-recruitment of children (S/2011/413, paragraph 20). In this regard, the report of the UN Secretary-General states that the re-recruitment of children who have been separated from armed forces or groups is a real risk that can be addressed only through the provision of support for the long-term reintegration of children (S/2011/413, paragraph 89). The Committee therefore strongly urges the Government to continue to continue to take, in collaboration with the UN, effective and time-bound measures to remove children from armed conflict and ensure their rehabilitation and social integration, with particular attention to children at risk of re-recruitment. In this regard, it requests the Government to supply information on the number of children under 18 years of age who have been removed from armed forces, rehabilitated and reintegrated into their communities as a result of the ongoing disarmament, demobilization and reintegration efforts.
The Committee is raising other points in a request addressed directly to the Government.

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

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. In its previous comments, the Committee had noted that the Labour Act of 1997 states that children cannot be employed in eight types of hazardous work, as well as in industries and dangerous works which are injurious to their health or those which require physical effort, or in works and jobs which are injurious to their morals. The Committee had noted, however, that the Labour Act of 1997 defines a “child” as a person under 16 years of age. It had therefore reminded the Government that, by virtue of Article 3(d) of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age.

The Committee notes that, according to the Government’s information in its report communicated to the Office under the Minimum Age Convention, 1973 (No. 138) in 2008, Sudan is in the process of enacting a new Labour Act (draft Labour Act) so as to bring it into line with the international labour Conventions ratified by Sudan. The Committee notes that the Government also indicated 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 take the necessary measures to ensure that the draft Labour Act is adopted as soon as possible. It 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 4, paragraph 1. Determination of hazardous work. The Committee had previously noted the Government’s information that 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. It had noted that the draft list, which contains about 55 occupations or industries prohibited for children under 18 and 17 years of age, was in the process of being approved. The Committee notes the Government’s information, in its 2008 report communicated to the Office under the Minimum Age Convention, 1973 (No. 138), 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 take immediate measures to ensure that the draft list of types of hazardous work is adopted as a matter of urgency, in accordance with Article 1 and Article 4(1) of the Convention. It requests the Government to provide a copy of this draft list as soon as it has been adopted.

Article 5. Monitoring mechanisms. Labour inspectorate and Unit on Women and Children within the Ministry of Labour. In its previous comments, the Committee had noted the Government’s statement that one of the difficulties encountered in the application of the Convention consists in the weakness of the labour inspectorate, including the inspection of child labour, mainly due to the lack of computers and vehicles used in inspection and the necessary funds to undertake research, studies and statistics. The Committee had also noted the Government’s information that a special unit on women and children was set up within the Ministry of Labour and that efforts are being deployed to establish similar units in the provinces whilst seeking to strengthen the labour inspectorate responsible for child labour.

The Committee notes the Government’s information that an Inspection Unit has been established within the General Department for Labour Affairs of the Ministry of Labour and has been afforded means to facilitate its work, while ongoing efforts are currently being made to provide it with the required logistical support. However, the Government supplies no information on the activities of the labour inspectorate, including the number and nature of violations detected with regard to the worst forms of child labour. The Committee reminds the Government that, by virtue of Article 5 of the Convention, member States are required to establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention. Consequently, the Committee requests the Government to take measures to strengthen the labour inspection system, with particular reference to the role entrusted to labour inspectors in combating the worst forms of child labour, and to provide information on the results achieved.

Article 6. Programmes of action. The Committee had previously noted the Government’s information that a tripartite committee was set up in addition to other occupational groups to formulate programmes of action aimed at the eradication of the worst forms of child labour, wherever they are found. Noting the lack of information in the Government’s report on that subject, the Committee requests the Government to provide information on the programmes of action adopted in the framework of the activities of the tripartite committee in its next report.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee had previously noted that article 44(2) of the Constitution of 2005 of the Transitional Sudan Republic specifies that education at the primary level is compulsory and is provided free of charge. It had also observed that, according to the information contained in the Government’s periodic report to the Committee on the Rights of the Child of 6 December 2001, the developments made in the field of education include the attention devoted to non-formal education as a way of making education accessible to children of different ages who are not in school or who dropped out of the early stages of basic education, with particular emphasis on girls (CRC/C/65/Add.17, paragraphs 245–246). The Committee had welcomed the educational measures adopted by the Government. It had nevertheless noted that, in its concluding observations of 9 October 2002, the Committee on the Rights of the Child expressed its concern at the very low level of public spending on education and at the very high drop-out rates, especially in primary education (CRC/C/15/Add.190, paragraphs 53–56). It also expressed concern at the fact that the availability, accessibility and quality of education in the southern part of the country is much worse than in the rest of the country.

The Committee notes the Government’s information that the Ministry of Labour, Public Service and Human Resources Development, the Ministry of General Education and the Ministry of Social Welfare, Gender and Children’s Affairs, in collaboration with the ILO and the European Union, have signed a Protocol for combating child labour through education. The main objective of this Protocol is to build a partnership and support sustained efforts to combat child labour and encourage education, with a particular emphasis on girls, through, among other things, the implementation of the Millennium Development Goals in the field of education. 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 only 34 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to provide information on the time-bound measures taken, particularly in the framework of the Protocol for combating child labour through education, to increase school attendance and reduce school dropout rates. The Committee requests the Government to provide information on the results achieved, in particular the enrolment rates in primary education.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Child victims of trafficking for camel jockeying. The Committee notes that, according to the written replies by the Government under the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography of 10 April 2007, Sudan is a source country of children trafficked toward the Gulf countries to become engaged in camel jockeying. According to these written replies, a Committee on Eradication of Employment of Sudanese Children in Gulf States was created and various measures were adopted to combat the exploitation of children in camel racing, including the signing of a Memorandum of Understanding with UNICEF on the protection and integration of children participating in camel racing in the United Arab Emirates (CRC/C/OPSC/SDN/Q/1/Add.1, pages 23–27). In this regard, the Committee finally notes that, according to information from UNICEF, in April 2007, UNICEF and the delegates from the United Arab Emirates (UAE), Pakistan, Bangladesh, Mauritania and Sudan met to affirm their historic commitment to ending the use of children as camel jockeys and provide services and compensation to all children formerly involved in camel racing. Acknowledging that an international solution is the only effective way to protect former camel jockeys, the Governments of Bangladesh, Mauritania, Pakistan and Sudan commended an agreement signed by the UAE and UNICEF on 23 April 2007 to establish a second and expanded phase of their programme (until May 2009) to rehabilitate and repatriate child camel jockeys to their country of origin. The Committee notes, however, the concern expressed by the Committee on the Rights of the Child, in its concluding observations of 21 June 2007 under the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, that there continue to be cases where children, especially children belonging to particular tribes, are trafficked to the Middle East to be used as camel jockeys (CRC/C/15/Add.190, paragraph 33). The Committee urges the Government to continue to take the necessary measures to ensure that children under 18 years of age are not trafficked in future for the purpose of camel jockeying. It requests the Government to provide information on the results achieved in this regard with its next report.

Clause (d). Identifying and reaching out to children at special risk. Disadvantaged children: refugees, internally displaced, street children. The Committee had previously noted that the Committee on the Rights of the Child, in its concluding observations of 9 October 2002, expressed its concern at the large number of Sudanese children who continue to live as refugees in neighbouring countries and at the situation of internally displaced children (CRC/C/15/Add.190, paragraphs 57, 58 and 67). The Committee notes that, in its concluding observations of 21 June 2007 under the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, the Committee on the Rights of the Child noted that the conflict situation in Sudan, combined with extreme poverty, drought and famine, has contributed to the significant number of street children and internally displaced children who are particularly vulnerable to all forms of exploitation, including acts covered by the Optional Protocol (CRC/C/OPSC/SDN/CO/1, paragraph 17). The Committee on the Rights of the Child expressed concern at the information these children may resort to prostitution as a means for survival in exchange for food, money or basic goods. The Committee notes that the Government does not provide any information on this subject. It reminds the Government that child refugees, internally displaced children and street children are particularly exposed to the worst forms of child labour. The Committee therefore requests the Government to take effective and time-bound measures to protect these children from the worst forms of child labour and to provide information on the results achieved in this regard. It also requests the Government to provide information on the measures taken to provide for the rehabilitation and social integration of children who are actually removed from the streets.

Parts IV and V of the report form. Practical application of the Convention. Following its previous comments, the Committee notes that, in its concluding observations of 21 June 2007 under the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, the Committee on the Rights of the Child, while welcoming that a children’s information centre was being set up by the National Council for Child Welfare to include all indicators related to different aspects of childhood, expressed regret that the information on the extent and prevalence of sale, trafficking, child prostitution and child pornography was insufficient and that there was no centralized system of data collection on child protection issues (CRC/C/OPSC/SDN/CO/1, paragraph 7). The Committee reminds the Government that, so that the Committee can assess whether a member State that has ratified the Convention has complied with its obligations, it needs certain information, including statistical data, as requested in Part V of the report form. The Committee therefore requests the Government to take immediate measures to ensure that statistics on the incidence on the worst forms of child labour, including the sale and trafficking of children for labour or commercial sexual exploitation, child prostitution and child pornography, are available. It requests the Government to provide information on the progress made in this regard in its next report.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery and practices similar to slavery. Abduction and the exaction of forced labour. In its previous comments under Convention No. 29, the Committee had noted the International Trade Union Confederation’s (ITUC) allegation that the report on the situation in Darfur issued by Amnesty International in July 2004 indicates cases of abduction of women and children by the Janjaweed militia, including some cases of sexual slavery. Abductions had continued in 2003 and 2004. The ITUC also indicated that, according to the Dinka Chiefs Committee (DCC) and the Committee for the Eradication of Abduction of Women and Children (CEAWC), there were some 14,000 people who had been abducted. The Committee had also noted the information contained in the ITUC’s communication of 7 September 2005 that the signing of a Comprehensive Peace Agreement (CPA) in January 2005, the inauguration of a new Government on 9 July 2005 and the adoption of the interim Constitution provided a historic opportunity for the new Government of Sudan to resolve the problem of abductions, but it would not automatically lead to an end of abductions and the exaction of forced labour.

The Committee had noted that article 30(1) of the Constitution of the Transitional Sudan Republic of 2005 prohibits slavery, the slave trade in all its forms and forced labour (unless sanctioned by the tribunal). It had also noted the Government’s information that section 32 of the Child Act of 2004 specifically prohibits “the employment of children in forced labour, sexual or pornographic exploitation, illegal trade, or armed conflict”. The Committee had further noted that various provisions of the Penal Code prohibit forced labour (section 311), including abductions for that purpose (section 312).

The Committee notes that, according to the Report of Activities of the CEAWC annexed to the Government’s communication of 27 April 2008, the CEAWC has successfully identified and resolved 11,237 of the 14,000 cases of abduction and reunified 3,398 abductees with their families. It notes that, according to the statement of the Government representative at the discussion under the Forced Labour Convention (No. 29) of the Committee on the Application of Standards of the June 2008 International Labour Conference, the number of cases of abduction identified was raised to 11,300. The Government representative recalled that the CEAWC had achieved a large measure of success in dealing with cases of abduction and affirmed that there have been no cases of forced labour in the country since the signature of the 2005 CPA. However, the Committee notes that both Worker and Employer members affirmed that there was evidence of the persistence of abductions of women and children and their forced labour in Sudan. In this regard, the Committee, while taking note of the measures taken by the Government, expressed the view that there was no verifiable evidence that forced labour was completely eradicated and expressed concern at the reports relating to the involuntary return of certain abductees, including cases of displaced and unaccompanied children.

The Committee further notes that, in its communication of 29 August 2008, the ITUC observed that, despite the Government’s claim that “there were no further cases of abduction and forced labour in the country”, information from various sources provide evidence that abductions have continued in Darfur, in the context of the current conflict there. In response to the ITUC’s allegations, the Government, in its communication of 2 November 2008, reiterated its commitment to completely eradicate the phenomenon of abductions and to provide continued support to the CEAWC. The Government also once again confirmed that abductions have stopped completely which, according to the Government, has also been confirmed by the DCC.

The Committee notes, however, that there is broad consensus among United Nations bodies, the representative organizations of workers and non-governmental organizations of the continuing existence and of the scope of the practices of abduction and the exaction of forced labour from children. Indeed, the Committee observes that the Secretary-General of the United Nations, in a Security Council report on children and armed conflict in the Sudan, of 10 February 2009, reported many instances of child abductions in southern Sudan and Darfur in 2007, as well as continuing concerns about incidents of abductions in 2008 (S/2009/84, paragraphs 35–37). Furthermore, the Committee notes that, in his Report to the Human Rights Council of June 2009, the Special Rapporteur on the situation of human rights in the Sudan highlights cases of abduction of children in March and April 2009 in Jonglei State, as well as between December 2008 and March 2009 in Western Equatoria and Central Equatoria States, in the context of continued attacks and fighting.

The Committee therefore once again observes that, while there have been positive and tangible steps to combat the forced labour of children, which include the conclusion of the results achieved by the CEAWC, there is no verifiable evidence that the forced labour of children has been eradicated. Therefore, although the national legislation appears to prohibit abductions and the exaction of forced labour, this remains an issue of concern in practice, in particular in the context of renewed violence and conflict. In this regard, the Committee once again reminds the Government that, by virtue of Article 3(a) of the Convention, forced labour is considered as one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It strongly urges the Government to redouble its efforts to improve the situation and to take effective and time-bound measures to eradicate abductions and the exaction of forced labour from children under 18 years, as a matter of urgency. It also requests the Government to provide information on the measures taken to remove children from situations of abduction and forced labour and to provide for their rehabilitation and social integration, and to continue providing information on the results achieved.

Forced recruitment of children for use in armed conflict. In its previous comments, the Committee had noted that the government armed forces, including the paramilitary Popular Defence Forces (PDF), the government-backed militias, the Sudan People’s Liberation Army (SPLA) and other armed groups, including tribal groups not allied to government or armed opposition groups, have forcibly recruited child soldiers in the north and the south of Sudan. Recruitment took place predominantly in Western and Southern Upper Nile, Eastern Equatoria and the Nuba Mountains. An estimated 17,000 children remained in the government, SPLA and militia forces in 2004.

The Committee had noted that the National Service Law of 1992 stipulates that any Sudanese person having attained 18 years of age and who is not older than 33 years of age may be subject to conscription. However, section 10(4) of the People’s Armed Forces Act of 1986 states that all those who are capable of bearing arms are regarded as a reserve force and may be called upon to serve in the armed forces whenever the need arises. Subsection (5) of section 10 further states that, without prejudice to the provisions of subsection (4), the President of the Republic may require any person who is capable of bearing arms to undergo military training and thus be prepared as a member of a reserve force in accordance with the conditions specified by any law or decree in force. Furthermore, the government-run PDF established as a paramilitary force by the Popular Defence Forces Act of 1989, were allowed to recruit 16-year-olds.

The Committee had noted the Government’s information that section 9(24) of the Sixth Protocol of the CPA of 2005 requires “the demobilization of all child soldiers in the span of six months as from the date on which the Comprehensive Peace Agreement is signed”. Section 9(1)(10) of the Protocol considers the conscription of children a violation of the provisions of the Agreement. The Committee had also noted the Government’s information that a Committee was set up after the CPA which is specialized in disarmament, demobilization and reintegration. However, the Committee had considered that the prohibition of forcibly recruiting children should not be confined to the scope of the said CPA. Hence, the Committee had observed that, according to the legislation in force, children under 18 years may be recruited as “reserve forces” as well as members of the PDF (from 16 years of age). The Committee had accordingly requested the Government to take the necessary measures to prohibit in the national legislation the compulsory recruitment of children under 18 years including as “reserves”, in any military force and to adopt appropriate penalties for contraventions of the prohibition.

The Committee notes that, according to the mission report of the Special Representative of the Secretary-General for Children and Armed Conflict of 24 January to 2 February 2007, the Government of Sudan was finalizing the Sudan Armed Forces Bill that fixes the age of recruitment at 18 years and criminalizes the recruitment of anyone under 18. The Committee notes with interest that the Sudan Armed Forces Act was adopted in December 2007. The Committee further notes with interest that the Child Act of Southern Sudan was adopted in 2008. Section 31 of this Child Act establishes a minimum age of 18 years for conscription or voluntary recruitment into armed forces or groups. Section 32 provides that any person involved in the recruitment of a child into the armed forces is liable to be sentenced to imprisonment for a term not exceeding ten years or to a fine, or both.

While taking note of these advances, the Committee nevertheless observes that the Secretary-General of the United Nations, in his Security Council report on children and armed conflict in the Sudan of 10 February 2009, indicates that United Nations field monitors reported the recruitment and use of 101 children by the SPLA and that the recruitment and use of 67 children has been reported in six separate incidents in the Abyei area. On 18–19 June 2008, the United Nations reported the presence of 55 uniformed children aged 14 to 16 years among SAF soldiers who had presented themselves for registration in the Joint Inspection Unit. Furthermore, the Secretary-General indicates that United Nations field monitors reported the recruitment and use of 487 children by various armed forces and groups operating in all three Darfur states, most of which have been used as combatants, and that it is known that many cases remain unreported. Moreover, over 14 Sudanese and foreign armed forces and groups are reportedly responsible for recruiting and using children in Darfur. In February 2008 alone, at least 89 children were recruited by various armed groups: 10 in southern Darfur, 30 in northern Darfur, and 49 in western Darfur. Some of the children recruited were as young as 12 years of age. The Secretary-General further reports that Government forces are also responsible for recruiting children in Darfur. For example, reports indicate that the Central Reserve Police recruited 49 children and the SAF recruited 45 children between 1 August 2007 and 30 December 2008 (S/2009/84, 10 February 2009, paragraphs 9–17).

The Committee notes that, despite the adoption of the Sudan Armed Forces Act in 2007 and the Child Act of Southern Sudan in 2008, children are still being recruited and forced to join illegal armed groups or the national armed forces in practice. It expresses its profound concern with regard to the persistence of this practice, especially as it leads to other violations of the rights of children, in the form of abductions, murders and sexual violence. The Committee refers to the Secretary-General’s call upon the Government of National Unity and the Government of Southern Sudan to live up to the commitments they have made to end the recruitment and use of children in their forces in accordance with their obligations under international law as well as national legislation (S/2009/84, 10 February 2009, paragraph 68). The Committee therefore urges the Government to intensify its efforts to improve the situation and to adopt, as a matter of urgency, immediate and effective measures to put a stop in practice to the forced recruitment of children under 18 years of age by armed groups and the armed forces. It urges the Government to take the necessary measures to ensure that persons who forcibly recruit children under 18 years for use in armed conflict are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. Finally, the Committee requests the Government to send a copy of the Sudan Armed Forces Act.

Article 7, paragraph 1. Penalties. Forced labour. In its previous comments under Convention No. 29, the Committee had noted that the CEAWC was of the opinion that legal action was the best measure to eradicate abductions, while the tribes, including the DCC, had requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes had failed.

The Committee had noted the ITUC’s allegation that the impunity that those responsible for abductions and the exaction of forced labour have
enjoyed – illustrated by the absence of any prosecutions for abductions in the last 16 years – has been responsible for the continuation of this practice throughout the civil war and more recently in Darfur. The Committee noted the Government’s reply of November 2005 according to which the main reasons for which all the tribes concerned, including the DCC, have requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes are not successful, are that: legal action is very long and expensive; it may threaten the life of young abductees; and it will not build peace among the tribes concerned.

The Committee had noted that the Penal Code of 2003 contains various provisions which provide for sufficiently effective and dissuasive penalties of imprisonment and fines for anyone who commits the offence of forced labour. It had also noted the Government’s information that section 67(d) of the Child Act of 2004 states that any person who violates section 32 prohibiting forced labour shall be punished by imprisonment for a maximum period of 15 years and by a fine decided upon by the tribunal. The Committee had considered that the lack of enforcement of the penal provisions prohibiting the forced labour of children under 18 years, while sometimes ensuring that victims are effectively retrieved, has the effect of ensuring impunity for perpetrators instead of punishing them.

The Committee notes that the Government representative at the Conference Committee on the Application of Standards indicated that, with a view to giving effect to legal procedures and to bringing those procedures closer to the victims, four prosecutors had been appointed covering all the regions addressed by the CEAWC. However, not a single victim made use of these legal procedures and so, as of January 2008, the CEAWC recommenced its work to continue the methods that had been previously applied. The Worker members nevertheless pointed out that international provisions regarding sanctions should prevail to prevent perpetrators from enjoying impunity. The Worker members noted that the lack of prosecutions had undoubtedly contributed to the persistence of abductions during the civil war and until today in Darfur. The Conference Committee therefore considered it necessary to pursue effective and urgent action to put an end to impunity by punishing perpetrators, particularly those unwilling to cooperate, independently from the CEAWC’s activities. In this regard, in her Report to the Human Rights Council of June 2009, the Special Rapporteur on the situation of human rights in the Sudan expressed ongoing and serious concern at the level of impunity in all areas of Sudan (A/HRC/11/14, paragraph 91).

The Committee once again reminds the Government that, by virtue of Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee once again requests the Government to take the necessary measures to ensure the protection of children under 18 years of age against abductions for the exaction of forced labour in practice, including by ensuring that thorough investigations and robust prosecutions of offenders are carried out, and that effective and sufficiently dissuasive sanctions are imposed on those engaged in the abduction and exaction of forced labour from children under 18 years. It also requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Child soldiers. The Committee notes that the Secretary-General of the United Nations, in his Security Council report on children and armed conflict in the Sudan of 10 February 2009, indicated that during the reporting period (1 August 2007 to 30 December 2008), almost 600 children formerly associated with armed forces and groups under the CPA, as well as 12,000 other vulnerable children, were supported through reintegration programmes across the Sudan. It notes that the National Council for Disarmament, Demobilization and Reintegration (DDR) Coordination and the Northern Sudan DDR Commission were established by the CPA in February 2006, while a DDR Commission for Southern Sudan was created in May 2006. The Northern and Southern Sudan DDR Commissions have jointly developed a national reintegration strategy for children associated with armed forces and groups, which will provide a common approach for child reintegration throughout the country. In this regard, the Southern Sudan DDR Commission has reintegrated 150 children and registered an additional 50, and the Northern Sudan DDR Commission has recently started the reintegration of some 300 children. The Secretary-General also indicates that a DDR process for children in Darfur was launched in June 2008 as a result of a workshop that brought together representatives of the six groups that are signatories to the Darfur Peace Agreement, all of whom have committed themselves to releasing children as a priority. However, although the CPA signed in January 2005 called for the immediate and unconditional release of all children from various fighting forces and groups within six months, the Secretary-General points out that children continue to be recruited and used by all parties to the conflict (S/2009/84, paragraphs 56–60). While noting the progress achieved in the country, the Committee observes that the current situation in Sudan remains a cause for serious concern. The Committee strongly encourages the Government to continue its efforts and take effective and time-bound measures to remove children from armed conflict and ensure their rehabilitation and social integration. In this regard, it requests the Government to supply information on the number of children under 18 years of age who have been rehabilitated and reintegrated into their communities as a result of the Northern and Southern Sudan DDR Commissions.

Furthermore, in accordance with the recommendation of the Conference Committee on the Application of Standards, the Committee invites the Government to avail itself of ILO technical assistance.

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

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

The Committee notes with regret 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 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. The Committee noted the Government’s information that subsection (1) of section 21 of the Labour Act of 1997 states that no “child” shall be employed in a list of eight types of hazardous work. Subsection (2) of section 21 provides that “children” shall not be employed in industries and dangerous works which are injurious to their health or those which require physical effort, or in works and jobs which are injurious to their morals. However, the Committee noted that the Labour Act defines a “child” as a person under 16 years of age. In this regard, the Committee reminded the Government that, by virtue of Article 3(d) of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age. 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 hazardous work, in accordance with Article 3(d) of the Convention.

Article 4, paragraph 1. Determination of hazardous work. The Committee noted the Government’s information 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 under the ground 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 noted 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, in the process of being approved, supplied by the Government. This list contains about 55 occupations or industries prohibited for children under 18 and 17 years, including the lifting or pulling weights; construction work; and 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 4, paragraph 2. Identification of hazardous work. The Committee noted the Government’s information that the Ministry of Labour has set up a tripartite committee which includes experts, specialists and members of organizations working in the field of childhood which elaborated a list of the worst forms of child labour and the places where such work is undertaken. This list is not yet approved. The Committee requests the Government to supply a copy of this list once it has been approved.

Article 5.  Monitoring mechanisms.  Labour Inspectorate and Unit on Women and Children within the Ministry of Labour.  The Committee noted that, according to section 69(1) of the Labour Act, a competent labour officer or any person with the approval of the competent authority, may enter a workplace during working hours and he/she may ask the employer to give any information for the implementation of the provisions of this Act. Furthermore, section 87(1) of the Labour Act provides for the appointment of an industrial safety inspector who, according to section 88(1), has the power to enter the factory premises during working hours, at any time to inspect, inquire into accidents, examine the equipment and materials, take samples and to verify particulars. The Committee noted the Government’s statement that one of the difficulties encountered in the application of the Convention consists in the weakness of the labour inspectorate, including the inspection of child labour, mainly due to the lack of computers and vehicles used in inspections and the necessary funds to undertake research, studies and statistics. The Committee also noted the Government’s information that a special unit on women and children was set up within the Ministry of Labour and that efforts are being deployed to establish similar units in the provinces whilst seeking to strengthen the labour inspectorate responsible for child labour. For this purpose, the Government envisages the necessity of training working officials and setting up a special inspection unit on child labour in the various provinces of Sudan. The Committee encourages the Government to provide information on the measures taken to strengthen the role of the labour inspectorate. It also requests the Government to provide information on the functioning and activities of the special unit on women and children set up within the Ministry of Labour.

Article 6. Programmes of action. The Committee noted the Government’s information that a tripartite committee was set up in addition to other occupational groups to formulate programmes of action aimed at the eradication of the worst forms of child labour, wherever they are found. The programmes of action have not yet been elaborated. The Committee requests the Government to keep it informed on any developments towards the adoption of programmes of action aimed at the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the Government’s information that article 44(2) of the Constitution of 2005 of the Transitional Sudan Republic specifies that education at the primary level is compulsory and is provided free of charge. It also noted the Government’s information that a special unit for girl’s education was set up at the Ministry of Education which is responsible for the enrolment of girls who are of school age. This is a national strategy which seeks to stop school drop-outs, and to eliminate the gap in the education of girls as compared to boys by 2015. The Committee observed that, according to the information contained in the Government’s periodic report to the Committee on the Rights of the Child of 6 December 2001 (CRC/C/65/Add.17, paragraphs 245 and 246), the developments made in the field of education include the attention devoted to non‑formal education as a way of making education accessible to children of different ages who are not in school or who dropped out of the early stages of basic education, with particular emphasis on girls. Special education programmes for youngsters between 9 and 14 years run in parallel with formal basic education. Moreover, educational programmes, including the opening of new schools, have been developed in order to assist: (a) children displaced by drought and war; (b) nomad children (by 1997, 259 mobile schools have been opened in cooperation with UNICEF); (c) refugee children. The Committee welcomed the educational measures adopted by the Government. Nevertheless, it noted that in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraphs 53–56) the Committee on the Rights of the Child expresses its concern at the very low level of public spending on education and at the very high drop-out rates especially in primary education. It also expressed its concern at the fact that the availability, accessibility and quality of education in the southern part of the country is much worse than in the rest of the country. It recommended the state party to urgently implement measures to raise the number of children enrolling in education; implement measures to improve children’s access to schools through, inter alia, the provision of transport to schools over a certain distance away or the establishment of additional schools closer to children; give particular attention to increasing the number of girls enrolling in and completing education. The Committee considered that education plays an important role in preventing children from engaging in the worst forms of child labour. It encourages the Government to strengthen its efforts to improve the access of children to free basic education, in particular children living in disadvantaged areas, especially in the southern part of the country. It also requests the Government to continue providing information on the educational measures adopted to improve the access to free basic education of: girls, children displaced by war; nomadic children and refugee children; and results achieved. It finally asks the Government to supply data on the enrolment and drop-out rates in school.

Clause (d). Identifying and reaching out to children at special risk. Disadvantaged children: refugees; internally displaced; children living on the street. The Committee noted that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraphs 57, 58 and 67), expressed its concern at the large number of Sudanese children who continue to live as refugees in neighbouring countries and at the situation of internally displaced children. The Committee also expressed concern at the large numbers of children living on the street in urban areas who are vulnerable to sexual abuse, violence, exploitation and the abuse of various substances and that they lack access to education. The Committee requests the Government to provide information on the effective and time-bound measures taken or envisaged to protect child refugees, internally displaced children and children living on the street from the worst forms of child labour.

Parts IV and V of the report form. Practical application of the Convention. The Committee noted the Government’s information that it lacks official documents, such as labour inspection reports and studies because of the weakness of the labour inspectorate. It requests the Government to provide information on the practical difficulties encountered in the application of the Convention and to continue reporting on the developments regarding these and other aspects, including a general appreciation of the manner in which the Convention is applied in Sudan. It finally requests the Government to provide information, as soon as it becomes available, on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and penal sanctions applied.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery and practices similar to slavery. Abduction and the exaction of forced labour. In its previous comments under Convention No. 29, the Committee had noted the International Trade Union Confederation’s (ITUC) allegation that the report on the situation in Darfur issued by Amnesty International in July 2004 indicates cases of abduction of women and children by the Janjaweed militia, including some cases of sexual slavery. Abductions had continued in 2003 and 2004. The ITUC also indicated that, according to the Dinka Chiefs Committee (DCC) and the Committee for the Eradication of Abduction of Women and Children (CEAWC), there were some 14,000 people who had been abducted. The Committee had also noted the Government’s information that, during the period from March to May 2004, the CEAWC was able to retrieve, with the Government’s funding, more than 1,000 abductees who rejoined their families, including those in the areas controlled by the Sudan People’s Liberation Army (SPLA).

The Committee noted the Government’s information during the Conference Committee discussion of June 2005 according to which the CEAWC has dealt with 11,000 of the 14,000 cases of abduction and about 7,500 persons have been retrieved in 2004–05 compared with 3,500 from 1999 to 2004.

The Committee also noted the information contained in the ITUC’s communication of 7 September 2005 that the signing of a comprehensive Peace Agreement in January 2005, the inauguration of a new Government on 9 July 2005 and the adoption of the interim Constitution provide an historic opportunity for the new Government of Sudan to resolve the problem of abductions, but it will not automatically lead to an end of abductions and the exaction of forced labour. With regard to the Government’s statement during the Conference Committee of 2005 that “the case was closed and there were no more abductions”, the ITUC alleges that it has been informed about abductions leading to forced labour and repeated rape amounting to sexual slavery and forced prostitution. The Committee also took note of the Government’s reply of November 2005, according to which 108 abducted children have been retrieved by the CEAWC.

The Committee noted that article 30(1) of the Constitution of the Transitional Sudan Republic of 2005 prohibits slavery, the slave trade in all its forms and forced labour (unless sanctioned by the tribunal). It noted the Government’s information that section 32 of the Act on the Child of 2004 specifically prohibits “the employment of children in forced labour, sexual or pornographic exploitation, illegal trade, or armed conflict”. The Committee also noted that various provisions of the Penal Code prohibit forced labour (section 311), including abductions for that purpose (section 312).

The Committee noted the convergence of allegations and the broad consensus among the United Nations bodies, the representative organizations of workers and non-governmental organizations concerning the continuing existence and scope of the practices of abduction and the exaction of forced labour from children. The Committee observed that, while there have been positive and tangible steps to combat the forced labour of children, which include the conclusion of the Comprehensive Peace Agreement of 2005 and the results achieved by the CEAWC, there is no verifiable evidence that the forced labour of children has been abolished. Therefore, although the national legislation appears to prohibit abductions and the exaction of forced labour, this remains an issue of concern in practice. In this regard, the Committee reminded the Government that, by virtue of Article 3(a) of the Convention, forced labour is considered as one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee expressed its deep concern over the situation of children under 18 years who continue to be abducted and subject to forced labour. It once again urges the Government to redouble its efforts to improve the situation and to take the necessary measures to eradicate abductions and the exaction of forced labour from children under 18 years. It also requests the Government to provide information on the effective and time-bound measures taken to remove children from situations of abduction and forced labour and to provide for their rehabilitation and social integration.

2. Forced recruitment of children for use in armed conflict. The Committee noted that, according to the Government’s Periodic Report to the Committee on the Rights of the Child of 6 December 2001 (CRC/C/65/Add.17, paragraph 39), the National Service Law of 1992 stipulates that any Sudanese person having attained 18 years of age and who is not older than 33 years of age may be subject to conscription. Section 10(4) of the People’s Armed Forces Act of 1986 states that all those who are capable of bearing arms are regarded as a reserve force and may be called upon to serve in the armed forces whenever the need arises. Subsection (5) of section 10 further states that, without prejudice to the provisions of subsection (4), the President of the Republic may require any person who is capable of bearing arms to undergo military training and thus be prepared as a member of a reserve force in accordance with the conditions specified by any law or decree in force. Furthermore, the government-run Popular Defence Forces established as a paramilitary force by the Popular Defence Forces Act of 1989, are allowed to recruit 16-year-olds.

The Committee noted that, according to the information available at the Office, the government armed forces, including the paramilitary Popular Defence Forces (PDF), the government-backed militias, the SPLA and other armed groups, including tribal groups not allied to government or armed opposition groups, have forcibly recruited child soldiers in the north and the south of Sudan. Recruitment took place predominantly in Western and Southern Upper Nile, Eastern Equatoria and the Nuba Mountains. An estimated 17,000 children remained in the government, SPLA and militia forces in 2004. In some cases, they were made to attack their own or neighbouring communities. The Committee also noted that in April 2003, the United Nations High Commissioner for Human Rights expressed concern at the continued recruitment and use of children in Sudan, in violation of international law. The Committee also noted that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, 2002, paragraphs 59 and 60) expressed deep concern that children are used as soldiers by the Government and opposition forces, and recommended the State party to end all recruitment and use of children as soldiers, in accordance with applicable international standards, complete demobilization and rehabilitate those children who are currently working as soldiers, and to comply with the Commission on Human Rights resolution 2001.

The Committee noted the Government’s information that section 9(24) of the Sixth Protocol of the Comprehensive Peace Agreement requires “the demobilization of all child soldiers in the span of six months as from the date on which the Comprehensive Peace Agreement is signed”. Section 9(1)(10) of the Protocol considers the conscription of children a violation of the provisions of the Agreement. If such a violation occurs, the joint military committee shall decide on the appropriate disciplinary measures to be taken which include: “declaring or announcing the parties which are involved in the conflict, exposing or denouncing the culprit, or deciding on imposing a harsh penalty if the culprit is involved in serious violations, recommending that the individual culprit or parties involved be referred to a tribunal be it civil, criminal or military, as the case may be”. The Committee also noted the Government’s information that a Committee was set up after the Peace Agreement which is specialized in disarmament, demobilization and reintegration. It formulated a draft policy framework for the demobilization and reintegration of children linked to the armed forces groups.

The Committee noted the adoption of the Comprehensive Peace Agreement in January 2005. However, it considers that the prohibition of forcibly recruiting children should not be confined to the scope of the said Agreement. Hence, the Committee observed that, according to the legislation in force, children under 18 years may be recruited as “reserve forces” as well as members of the Popular Defence Force (from 16 years of age). The Committee therefore once again requests the Government to take the necessary measures, as a matter of urgency, to prohibit in the national legislation the compulsory recruitment of children under 18 years including as “reserves”, in any military force, governmental or not, and to adopt appropriate penalties for contraventions of the prohibition. It also requests the Government to provide information on the time-bound measures taken to demobilize all child soldiers, including information on the number of children under 18 years who have been rehabilitated and reintegrated in their communities.

Article 7. Penalties. Forced labour. In it its previous comments under Convention No. 29, the Committee had noted that the CEAWC was of the opinion that legal action was the best measure to eradicate abductions, while the tribes, including the DCC, had requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes had failed.

The Committee noted the ITUC’s allegation that the impunity that those responsible for abductions and the exaction of forced labour have enjoyed – illustrated by the absence of any prosecutions for abductions in the last 16 years – has been responsible for the continuation of this practice throughout the civil war and more recently in Darfur. The Committee noted the Government’s reply of November 2005 according to which, the main reasons for which all the tribes concerned, including the DCC, have requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes are not successful, are that: legal action is very long and expensive; it may threaten the life of young abductees; and it will not build the peace among the tribes concerned.

The Committee noted that the Penal Code of 2003 contains various provisions which provide for sufficiently effective and dissuasive penalties of imprisonment and fines for anyone who commits the offence of forced labour. It also noted the Government’s information that section 67(d) of the Child Act of 2004, states that any person who violates section 32 prohibiting forced labour, shall be punished by imprisonment for a maximum period of 15 years and by a fine decided upon by the tribunal.

The Committee noted that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraph 62) recommended the State party to prosecute those persons engaged in the abduction, sale and purchase or illegal forced recruitment of children. The Committee considered that the lack of enforcement of the penal provisions prohibiting the forced labour of children under 18 years, while sometimes ensuring that victims are effectively retrieved, has the effect of ensuring impunity for perpetrators instead of punishing them. The Committee reminded the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee once again requests the Government to take the necessary measures to ensure that those engaged in the abduction and exaction of forced labour from children under 18 years are prosecuted and that sufficiently effective and dissuasive penalties are imposed on them. It also requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

The Committee is also addressing a direct request to the Government concerning other points.

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

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 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. The Committee noted the Government’s information that subsection (1) of section 21 of the Labour Act of 1997 states that no “child” shall be employed in a list of eight types of hazardous work. Subsection (2) of section 21 provides that “children” shall not be employed in industries and dangerous works which are injurious to their health or those which require physical effort, or in works and jobs which are injurious to their morals. However, the Committee noted that the Labour Act defines a “child” as a person under 16 years of age. In this regard, the Committee reminded the Government that, by virtue of Article 3(d) of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age. 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 hazardous work, in accordance with Article 3(d) of the Convention.

Article 4, paragraph 1. Determination of hazardous work. The Committee noted the Government’s information 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 under the ground 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 noted 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, in the process of being approved, supplied by the Government. This list contains about 55 occupations or industries prohibited for children under 18 and 17 years, including the lifting or pulling weights; construction work; and 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 4, paragraph 2. Identification of hazardous work. The Committee noted the Government’s information that the Ministry of Labour has set up a tripartite committee which includes experts, specialists and members of organizations working in the field of childhood which elaborated a list of the worst forms of child labour and the places where such work is undertaken. This list is not yet approved. The Committee requests the Government to supply a copy of this list once it has been approved.

Article 5. Monitoring mechanisms. Labour Inspectorate and Unit on Women and Children within the Ministry of Labour. The Committee noted that, according to section 69(1) of the Labour Act, a competent labour officer or any person with the approval of the competent authority, may enter a workplace during working hours and he/she may ask the employer to give any information for the implementation of the provisions of this Act. Furthermore, section 87(1) of the Labour Act provides for the appointment of an industrial safety inspector who, according to section 88(1), has the power to enter the factory premises during working hours, at any time to inspect, inquire into accidents, examine the equipment and materials, take samples and to verify particulars. The Committee noted the Government’s statement that one of the difficulties encountered in the application of the Convention consists in the weakness of the labour inspectorate, including the inspection of child labour, mainly due to the lack of computers and vehicles used in inspections and the necessary funds to undertake research, studies and statistics. The Committee also noted the Government’s information that a special unit on women and children was set up within the Ministry of Labour and that efforts are being deployed to establish similar units in the provinces whilst seeking to strengthen the labour inspectorate responsible for child labour. For this purpose, the Government envisages the necessity of training working officials and setting up a special inspection unit on child labour in the various provinces of Sudan. The Committee encourages the Government to provide information on the measures taken to strengthen the role of the labour inspectorate. It also requests the Government to provide information on the functioning and activities of the special unit on women and children set up within the Ministry of Labour.

Article 6. Programmes of action. The Committee noted the Government’s information that a tripartite committee was set up in addition to other occupational groups to formulate programmes of action aimed at the eradication of the worst forms of child labour, wherever they are found. The programmes of action have not yet been elaborated. The Committee requests the Government to keep it informed on any developments towards the adoption of programmes of action aimed at the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the Government’s information that article 44(2) of the Constitution of 2005 of the Transitional Sudan Republic specifies that education at the primary level is compulsory and is provided free of charge. It also noted the Government’s information that a special unit for girl’s education was set up at the Ministry of Education which is responsible for the enrolment of girls who are of school age. This is a national strategy which seeks to stop school drop-outs, and to eliminate the gap in the  education of girls as compared to boys by 2015. The Committee observed that, according to the information contained in the Government’s periodic report to the Committee on the Rights of the Child of 6 December 2001 (CRC/C/65/Add.17, paragraphs 245 and 246), the developments made in the field of education include the attention devoted to non‑formal education as a way of making education accessible to children of different ages who are not in school or who dropped out of the early stages of basic education, with particular emphasis on girls. Special education programmes for youngsters between 9 and 14 years run in parallel with formal basic education. Moreover, educational programmes, including the opening of new schools, have been developed in order to assist: (a) children displaced by drought and war; (b) nomad children (by 1997, 259 mobile schools have been opened in cooperation with UNICEF); (c) refugee children. The Committee welcomed the educational measures adopted by the Government. Nevertheless, it noted that in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraphs 53–56) the Committee on the Rights of the Child expresses its concern at the very low level of public spending on education and at the very high drop-out rates especially in primary education. It also expressed its concern at the fact that the availability, accessibility and quality of education in the southern part of the country is much worse than in the rest of the country. It recommended the state party to urgently implement measures to raise the number of children enrolling in education; implement measures to improve children’s access to schools through, inter alia, the provision of transport to schools over a certain distance away or the establishment of additional schools closer to children; give particular attention to increasing the number of girls enrolling in and completing education. The Committee considered that education plays an important role in preventing children from engaging in the worst forms of child labour. It encourages the Government to strengthen its efforts to improve the access of children to free basic education, in particular children living in disadvantaged areas, especially in the southern part of the country. It also requests the Government to continue providing information on the educational measures adopted to improve the access to free basic education of: girls, children displaced by war; nomadic children and refugee children; and results achieved. It finally asks the Government to supply data on the enrolment and drop-out rates in school.

Clause (d). Identifying and reaching out to children at special risk. Disadvantaged children: refugees; internally displaced; children living on the street. The Committee noted that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraphs 57, 58 and 67), expressed its concern at the large number of Sudanese children who continue to live as refugees in neighbouring countries and at the situation of internally displaced children. The Committee also expressed concern at the large numbers of children living on the street in urban areas who are vulnerable to sexual abuse, violence, exploitation and the abuse of various substances and that they lack access to education. The Committee requests the Government to provide information on the effective and time-bound measures taken or envisaged to protect child refugees, internally displaced children and children living on the street from the worst forms of child labour.

Parts IV and V of the report form. Practical application of the Convention. The Committee noted the Government’s information that it lacks official documents, such as labour inspection reports and studies because of the weakness of the labour inspectorate. It requests the Government to provide information on the practical difficulties encountered in the application of the Convention and to continue reporting on the developments regarding these and other aspects, including a general appreciation of the manner in which the Convention is applied in Sudan. It finally requests the Government to provide information, as soon as it becomes available, on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and penal sanctions applied.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery and practices similar to slavery. Abduction and the exaction of forced labour. In its previous comments under Convention No. 29, the Committee had noted the International Trade Union Confederation’s (ITUC) allegation that the report on the situation in Darfur issued by Amnesty International in July 2004 indicates cases of abduction of women and children by the Janjaweed militia, including some cases of sexual slavery. Abductions had continued in 2003 and 2004. The ITUC also indicated that, according to the Dinka Chiefs Committee (DCC) and the Committee for the Eradication of Abduction of Women and Children (CEAWC), there were some 14,000 people who had been abducted. The Committee had also noted the Government’s information that, during the period from March to May 2004, the CEAWC was able to retrieve, with the Government’s funding, more than 1,000 abductees who rejoined their families, including those in the areas controlled by the Sudan People’s Liberation Army (SPLA).

The Committee noted the Government’s information during the Conference Committee discussion of June 2005 according to which the CEAWC has dealt with 11,000 of the 14,000 cases of abduction and about 7,500 persons have been retrieved in 2004–05 compared with 3,500 from 1999 to 2004.

The Committee also noted the information contained in the ITUC’s communication of 7 September 2005 that the signing of a comprehensive Peace Agreement in January 2005, the inauguration of a new Government on 9 July 2005 and the adoption of the interim Constitution provide an historic opportunity for the new Government of Sudan to resolve the problem of abductions, but it will not automatically lead to an end of abductions and the exaction of forced labour. With regard to the Government’s statement during the Conference Committee of 2005 that “the case was closed and there were no more abductions”, the ITUC alleges that it has been informed about abductions leading to forced labour and repeated rape amounting to sexual slavery and forced prostitution. The Committee also took note of the Government’s reply of November 2005, according to which 108 abducted children have been retrieved by the CEAWC.

The Committee noted that article 30(1) of the Constitution of the Transitional Sudan Republic of 2005 prohibits slavery, the slave trade in all its forms and forced labour (unless sanctioned by the tribunal). It noted the Government’s information that section 32 of the Act on the Child of 2004 specifically prohibits “the employment of children in forced labour, sexual or pornographic exploitation, illegal trade, or armed conflict”. The Committee also noted that various provisions of the Penal Code prohibit forced labour (section 311), including abductions for that purpose (section 312).

The Committee noted the convergence of allegations and the broad consensus among the United Nations bodies, the representative organizations of workers and non-governmental organizations concerning the continuing existence and scope of the practices of abduction and the exaction of forced labour from children. The Committee observed that, while there have been positive and tangible steps to combat the forced labour of children, which include the conclusion of the Comprehensive Peace Agreement of 2005 and the results achieved by the CEAWC, there is no verifiable evidence that the forced labour of children has been abolished. Therefore, although the national legislation appears to prohibit abductions and the exaction of forced labour, this remains an issue of concern in practice. In this regard, the Committee reminded the Government that, by virtue of Article 3(a) of the Convention, forced labour is considered as one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee expressed its deep concern over the situation of children under 18 years who continue to be abducted and subject to forced labour. It once again urges the Government to redouble its efforts to improve the situation and to take the necessary measures to eradicate abductions and the exaction of forced labour from children under 18 years. It also requests the Government to provide information on the effective and time-bound measures taken to remove children from situations of abduction and forced labour and to provide for their rehabilitation and social integration.

2. Forced recruitment of children for use in armed conflict. The Committee noted that, according to the Government’s Periodic Report to the Committee on the Rights of the Child of 6 December 2001 (CRC/C/65/Add.17, paragraph 39), the National Service Law of 1992 stipulates that any Sudanese person having attained 18 years of age and who is not older than 33 years of age may be subject to conscription. Section 10(4) of the People’s Armed Forces Act of 1986 states that all those who are capable of bearing arms are regarded as a reserve force and may be called upon to serve in the armed forces whenever the need arises. Subsection (5) of section 10 further states that, without prejudice to the provisions of subsection (4), the President of the Republic may require any person who is capable of bearing arms to undergo military training and thus be prepared as a member of a reserve force in accordance with the conditions specified by any law or decree in force. Furthermore, the government-run Popular Defence Forces established as a paramilitary force by the Popular Defence Forces Act of 1989, are allowed to recruit 16-year-olds.

The Committee noted that, according to the information available at the Office, the government armed forces, including the paramilitary Popular Defence Forces (PDF), the government-backed militias, the SPLA and other armed groups, including tribal groups not allied to government or armed opposition groups, have forcibly recruited child soldiers in the north and the south of Sudan. Recruitment took place predominantly in Western and Southern Upper Nile, Eastern Equatoria and the Nuba Mountains. An estimated 17,000 children remained in the government, SPLA and militia forces in 2004. In some cases, they were made to attack their own or neighbouring communities. The Committee also noted that in April 2003, the United Nations High Commissioner for Human Rights expressed concern at the continued recruitment and use of children in Sudan, in violation of international law. The Committee also noted that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, 2002, paragraphs 59 and 60) expressed deep concern that children are used as soldiers by the Government and opposition forces, and recommended the State party to end all recruitment and use of children as soldiers, in accordance with applicable international standards, complete demobilization and rehabilitate those children who are currently working as soldiers, and to comply with the Commission on Human Rights resolution 2001.

The Committee noted the Government’s information that section 9(24) of the Sixth Protocol of the Comprehensive Peace Agreement requires “the demobilization of all child soldiers in the span of six months as from the date on which the Comprehensive Peace Agreement is signed”. Section 9(1)(10) of the Protocol considers the conscription of children a violation of the provisions of the Agreement. If such a violation occurs, the joint military committee shall decide on the appropriate disciplinary measures to be taken which include: “declaring or announcing the parties which are involved in the conflict, exposing or denouncing the culprit, or deciding on imposing a harsh penalty if the culprit is involved in serious violations, recommending that the individual culprit or parties involved be referred to a tribunal be it civil, criminal or military, as the case may be”. The Committee also noted the Government’s information that a Committee was set up after the Peace Agreement which is specialized in disarmament, demobilization and reintegration. It formulated a draft policy framework for the demobilization and reintegration of children linked to the armed forces groups.

The Committee noted the adoption of the Comprehensive Peace Agreement in January 2005. However, it considers that the prohibition of forcibly recruiting children should not be confined to the scope of the said Agreement. Hence, the Committee observed that, according to the legislation in force, children under 18 years may be recruited as “reserve forces” as well as members of the Popular Defence Force (from 16 years of age). The Committee therefore once again requests the Government to take the necessary measures, as a matter of urgency, to prohibit in the national legislation the compulsory recruitment of children under 18 years including as “reserves”, in any military force, governmental or not, and to adopt appropriate penalties for contraventions of the prohibition. It also requests the Government to provide information on the time-bound measures taken to demobilize all child soldiers, including information on the number of children under 18 years who have been rehabilitated and reintegrated in their communities.

Article 7. Penalties. Forced labour. In it its previous comments under Convention No. 29, the Committee had noted that the CEAWC was of the opinion that legal action was the best measure to eradicate abductions, while the tribes, including the DCC, had requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes had failed.

The Committee noted the ITUC’s allegation that the impunity that those responsible for abductions and the exaction of forced labour have enjoyed – illustrated by the absence of any prosecutions for abductions in the last 16 years – has been responsible for the continuation of this practice throughout the civil war and more recently in Darfur. The Committee noted the Government’s reply of November 2005 according to which, the main reasons for which all the tribes concerned, including the DCC, have requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes are not successful, are that: legal action is very long and expensive; it may threaten the life of young abductees; and it will not build the peace among the tribes concerned.

The Committee noted that the Penal Code of 2003 contains various provisions which provide for sufficiently effective and dissuasive penalties of imprisonment and fines for anyone who commits the offence of forced labour. It also noted the Government’s information that section 67(d) of the Child Act of 2004, states that any person who violates section 32 prohibiting forced labour, shall be punished by imprisonment for a maximum period of 15 years and by a fine decided upon by the tribunal.

The Committee noted that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraph 62) recommended the State party to prosecute those persons engaged in the abduction, sale and purchase or illegal forced recruitment of children. The Committee considered that the lack of enforcement of the penal provisions prohibiting the forced labour of children under 18 years, while sometimes ensuring that victims are effectively retrieved, has the effect of ensuring impunity for perpetrators instead of punishing them. The Committee reminded the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee once again requests the Government to take the necessary measures to ensure that those engaged in the abduction and exaction of forced labour from children under 18 years are prosecuted and that sufficiently effective and dissuasive penalties are imposed on them. It also requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

The Committee is also addressing a direct request to the Government concerning other points.

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

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes that section 313 of the Penal Code of 2003 penalizes the transfer of possession or control of any person to another for cash or kind for the purpose of confining that person or forcing that person to perform unlawful labour. Section 315 punishes anyone who transfers outside Sudan the possession or control of any person obtained within Sudan in the same manner as if such transfer had taken place within Sudan. Section 315A states that whoever procures, entices or leads away, even with his consent, any person for immoral purposes to be carried outside Sudan commits an offence.

Clause (b). Use, procuring or offering of children under 18 years for prostitution, for the production of pornography and for pornographic performances. The Committee notes the Government’s information that section 32 of the Child Act of 2004 specifies that the employment of children shall be prohibited, amongst others “in any sexual or pornographic exploitation”. It notes that section 310 of the Penal Code of 2003 states that any person who buys, sells, hires, lets to hire or otherwise obtains possession or disposes of any person with the intent that such person shall be employed or used for any unlawful or immoral purpose or knowing it to be likely that such person will be employed or used for any such purpose, shall be punished. It also notes that sections 234 and 235 of the Penal Code prohibit obscene or indecent acts in a public place, and the sale, distribution or exhibition of obscene writing, book, film or painting.

Clause (c). Use, procuring or offering of a child for illicit activities. Production and trafficking of drugs. The Committee notes that section 15(2)(c) of the Narcotic Drugs and Psychotropic Substances Act of 1994 specifically punishes any person who commits crimes related to trafficking in narcotic drugs and psychotropic substances – including the production, manufacture, import, export, sale, etc. – if these acts are committed in association with a minor. Furthermore, any person who uses a minor in the commission of the crime of providing narcotic drugs or psychotropic substances, or who provides narcotic drugs or psychotropic substances to students or distributes such drugs or substances in places of schooling, shall be punished (section 16(2)(c) and (d)). The Committee takes due note of this information.

Clause (d). Hazardous work. The Committee notes the Government’s information that subsection (1) of section 21 of the Labour Act of 1997 states that no “child” shall be employed in a list of eight types of hazardous work. Subsection (2) of section 21 provides that “children” shall not be employed in industries and dangerous works which are injurious to their health or those which require physical effort, or in works and jobs which are injurious to their morals. However, the Committee notes that the Labour Act defines a “child” as a person under 16 years of age. In this regard, the Committee reminds the Government that, by virtue of Article 3(d) of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age. 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 hazardous work, in accordance with Article 3(d) of the Convention.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s information 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 under the ground 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 the process of being approved, supplied by the Government. This list contains about 55 occupations or industries prohibited for children under 18 and 17 years, including the lifting or pulling weights; construction work; and 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 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s information that the Ministry of Labour has set up a tripartite committee which includes experts, specialists and members of organizations working in the field of childhood which elaborated a list of the worst forms of child labour and the places where such work is undertaken. This list is not yet approved. The Committee requests the Government to supply a copy of this list once it has been approved.

Article 5. Monitoring mechanisms. Labour Inspectorate and Unit on Women and Children within the Ministry of Labour. The Committee notes that, according to section 69(1) of the Labour Act, a competent labour officer or any person with the approval of the competent authority, may enter a workplace during working hours and he/she may ask the employer to give any information for the implementation of the provisions of this Act. Furthermore, section 87(1) of the Labour Act provides for the appointment of an industrial safety inspector who, according to section 88(1), has the power to enter the factory premises during working hours, at any time to inspect, inquire into accidents, examine the equipment and materials, take samples and to verify particulars. The Committee notes the Government’s statement that one of the difficulties encountered in the application of the Convention consists in the weakness of the labour inspectorate, including the inspection of child labour, mainly due to the lack of computers and vehicles used in inspections and the necessary funds to undertake research, studies and statistics. The Committee also notes the Government’s information that a special unit on women and children was set up within the Ministry of Labour and that efforts are being deployed to establish similar units in the provinces whilst seeking to strengthen the labour inspectorate responsible for child labour. For this purpose, the Government envisages the necessity of training working officials and setting up a special inspection unit on child labour in the various provinces of Sudan. The Committee encourages the Government to provide information on the measures taken to strengthen the role of the labour inspectorate. It also requests the Government to provide information on the functioning and activities of the special unit on women and children set up within the Ministry of Labour.

Article 6. Programmes of action. The Committee notes the Government’s information that a tripartite committee was set up in addition to other occupational groups to formulate programmes of action aimed at the eradication of the worst forms of child labour, wherever they are found. The programmes of action have not yet been elaborated. The Committee requests the Government to keep it informed on any developments towards the adoption of programmes of action aimed at the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that the Penal Code provides for sufficiently effective and dissuasive penalties of imprisonment for the offences of sale and trafficking (section 315 and 351A) and for disposing of a person for immoral purposes (section 313). It notes the Government’s information that section 67(d) of the Child Act of 2004, states that any person who violates section 32 (prohibition of forced labour, sexual or pornographic exploitation, illegal trade or exploitation, or use in armed conflict) shall be punished by imprisonment for a maximum period of 15 years and by a fine decided upon by the tribunal. It also notes that section 126(2) of the Labour Act makes any contravention of the provisions of the Act and its regulations an offence punishable with imprisonment for a term not exceeding six months or a fine, or both. In case of repetition of the contravention the fine may be doubled.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s information that article 44(2) of the Constitution of 2005 of the Transitional Sudan Republic specifies that education at the primary level is compulsory and is provided free of charge. It also notes the Government’s information that a special unit for girl’s education was set up at the Ministry of Education which is responsible for the enrolment of girls who are of school age. This is a national strategy which seeks to stop school drop-outs, and to eliminate the gap in the  education of girls as compared to boys by 2015. The Committee observes that, according to the information contained in the Government’s periodic report to the Committee on the Rights of the Child of 6 December 2001 (CRC/C/65/Add.17, paragraphs 245 and 246), the developments made in the field of education include the attention devoted to non-formal education as a way of making education accessible to children of different ages who are not in school or who dropped out of the early stages of basic education, with particular emphasis on girls. Special education programmes for youngsters between 9 and 14 years run in parallel with formal basic education. Moreover, educational programmes, including the opening of new schools, have been developed in order to assist: (a) children displaced by drought and war; (b) nomad children (by 1997, 259 mobile schools have been opened in cooperation with UNICEF); (c) refugee children. The Committee welcomes the educational measures adopted by the Government. Nevertheless, it notes that in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraphs 53-56) the Committee on the Rights of the Child expresses its concern at the very low level of public spending on education and at the very high drop-out rates especially in primary education. It also expressed its concern at the fact that the availability, accessibility and quality of education in the southern part of the country is much worse than in the rest of the country. It recommended the state party to urgently implement measures to raise the number of children enrolling in education; implement measures to improve children’s access to schools through, inter alia, the provision of transport to schools over a certain distance away or the establishment of additional schools closer to children; give particular attention to increasing the number of girls enrolling in and completing education. The Committee considers that education plays an important role in preventing children from engaging in the worst forms of child labour. It encourages the Government to strengthen its efforts to improve the access of children to free basic education, in particular children living in disadvantaged areas, especially in the southern part of the country. It also requests the Government to continue providing information on the educational measures adopted to improve the access to free basic education of: girls, children displaced by war; nomadic children and refugee children; and results achieved. It finally asks the Government to supply data on the enrolment and drop-out rates in school.

Clause (d). Identifying and reaching out to children at special risk. Disadvantaged children: refugees; internally displaced; children living on the street. The Committee notes that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraphs 57, 58 and 67), expressed its concern at the large number of Sudanese children who continue to live as refugees in neighbouring countries and at the situation of internally displaced children. The Committee also expressed concern at the large numbers of children living on the street in urban areas who are vulnerable to sexual abuse, violence, exploitation and the abuse of various substances and that they lack access to education. The Committee requests the Government to provide information on the effective and time-bound measures taken or envisaged to protect child refugees, internally displaced children and children living on the street from the worst forms of child labour.

Article 8. International cooperation. The Committee notes the Government’s statement that, under the aegis of cooperation between the Governments of Egypt and Sudan, visits to the Egyptian Ministry of Labour were made to learn from the Egyptian experience in the field of combating child labour in general, and the elimination of its worst forms in particular, in view of Egypt’s pioneering experience in the field.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes the Government’s information that it lacks official documents, such as labour inspection reports and studies because of the weakness of the labour inspectorate. It requests the Government to provide information on the practical difficulties encountered in the application of the Convention and to continue reporting on the developments regarding these and other aspects, including a general appreciation of the manner in which the Convention is applied in Sudan. It finally requests the Government to provide information, as soon as it becomes available, on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and penal sanctions applied.

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

The Committee notes the Government’s first report. It also notes the communication of 7 September 2005 received from the International Confederation of Free Trade Unions (ICFTU) under Convention No. 29 and the Government’s reply thereto dated November 2005. Finally, it takes note of the detailed discussion which took place at the Conference Committee on the Application of Standards of the 93rd Session of the International Labour Conference in June 2005. Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), in so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include “all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom or compulsory labour”, the Committee is of the view that the issue of the forced labour of children can be examined more specifically under this Convention. The Committee requests the Government to supply further information on the following points.

Article 3. Worst forms of child labour. Clause (a). Slavery and practices similar to slavery. Abduction and the exaction of forced labour. In its previous comments under Convention No. 29, the Committee had noted the ICFTU’s allegation that the report on the situation in Darfur issued by Amnesty International in July 2004 indicates cases of abduction of women and children by the Janjaweed militia, including some cases of sexual slavery. Abductions had continued in 2003 and 2004. The ICFTU also indicated that, according to the Dinka Chiefs Committee (DCC) and the Committee for the Eradication of Abduction of Women and Children (CEAWC), there were some 14,000 people who had been abducted. The Committee had also noted the Government’s information that, during the period from March to May 2004, the CEAWC was able to retrieve, with the Government’s funding, more than 1,000 abductees who rejoined their families, including those in the areas controlled by the Sudan People’s Liberation Army (SPLA).

The Committee notes the Government’s information during the Conference Committee discussion of June 2005 according to which the CEAWC has dealt with 11,000 of the 14,000 cases of abduction and about 7,500 persons have been retrieved in 2004-05 compared with 3,500 from 1999 to 2004.

The Committee also notes the information contained in the ICFTU’s communication of 7 September 2005 that the signing of a comprehensive Peace Agreement in January 2005, the inauguration of a new Government on 9 July 2005 and the adoption of the interim Constitution provide an historic opportunity for the new Government of Sudan to resolve the problem of abductions, but it will not automatically lead to an end of abductions and the exaction of forced labour. With regard to the Government’s statement during the Conference Committee of 2005 that “the case was closed and there were no more abductions”, the ICFTU alleges that it has been informed about abductions leading to forced labour and repeated rape amounting to sexual slavery and forced prostitution. The Committee also takes note of the Government’s reply of November 2005, according to which 108 abducted children have been retrieved by the CEAWC.

The Committee notes that article 30(1) of the Constitution of the Transitional Sudan Republic of 2005 prohibits slavery, the slave trade in all its forms and forced labour (unless sanctioned by the tribunal). It notes the Government’s information that section 32 of the Act on the Child of 2004 specifically prohibits “the employment of children in forced labour, sexual or pornographic exploitation, illegal trade, or armed conflict”. The Committee also notes that various provisions of the Penal Code prohibit forced labour (section 311), including abductions for that purpose (section 312).

The Committee notes the convergence of allegations and the broad consensus among the United Nations bodies, the representative organizations of workers and non-governmental organizations concerning the continuing existence and scope of the practices of abduction and the exaction of forced labour from children. The Committee observes that, while there have been positive and tangible steps to combat the forced labour of children, which include the conclusion of the Comprehensive Peace Agreement of 2005 and the results achieved by the CEAWC, there is no verifiable evidence that the forced labour of children has been abolished. Therefore, although the national legislation appears to prohibit abductions and the exaction of forced labour, this remains an issue of concern in practice. In this regard, the Committee reminds the Government that, by virtue of Article 3(a) of the Convention, forced labour is considered as one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee expresses its deep concern over the situation of children under 18 years who continue to be abducted and subject to forced labour. It urges the Government to redouble its efforts to improve the situation and to take the necessary measures to eradicate abductions and the exaction of forced labour from children under 18 years. It also requests the Government to provide information on the effective and time-bound measures taken to remove children from situations of abduction and forced labour and to provide for their rehabilitation and social integration.

2. Forced recruitment of children for use in armed conflict. The Committee notes that, according to the Government’s Periodic Report to the Committee on the Rights of the Child of 6 December 2001 (CRC/C/65/Add.17, paragraph 39), the National Service Law of 1992 stipulates that any Sudanese person having attained 18 years of age and who is not older than 33 years of age may be subject to conscription. Section 10(4) of the People’s Armed Forces Act of 1986 states that all those who are capable of bearing arms are regarded as a reserve force and may be called upon to serve in the armed forces whenever the need arises. Subsection (5) of section 10 further states that, without prejudice to the provisions of subsection (4), the President of the Republic may require any person who is capable of bearing arms to undergo military training and thus be prepared as a member of a reserve force in accordance with the conditions specified by any law or decree in force. Furthermore, the government-run Popular Defence Forces established as a paramilitary force by the Popular Defence Forces Act of 1989, are allowed to recruit 16 year olds.

The Committee notes that, according to the information available at the Office, the government armed forces, including the paramilitary Popular Defence Forces (PDF), the government-backed militias, the SPLA and other armed groups, including tribal groups not allied to government or armed opposition groups, have forcibly recruited child soldiers in the north and the south of Sudan. Recruitment took place predominantly in Western and Southern Upper Nile, Eastern Equatoria and the Nuba Mountains. An estimated 17,000 children remained in the government, SPLA and militia forces in 2004. In some cases, they were made to attack their own or neighbouring communities. The Committee also notes that in April 2003, the United Nations High Commissioner for Human Rights expressed concern at the continued recruitment and use of children in Sudan, in violation of international law. The Committee also notes that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, 2002, paragraphs 59 and 60) expressed deep concern that children are used as soldiers by the Government and opposition forces, and recommended the State party to end all recruitment and use of children as soldiers, in accordance with applicable international standards, complete demobilization and rehabilitate those children who are currently working as soldiers, and to comply with the Commission on Human Rights resolution 2001.

The Committee notes the Government’s information that section 9(24) of the Sixth Protocol of the Comprehensive Peace Agreement requires “the demobilization of all child soldiers in the span of six months as from the date on which the Comprehensive Peace Agreement is signed”. Section 9(1)(10) of the Protocol considers the conscription of children a violation of the provisions of the Agreement. If such a violation occurs, the joint military committee shall decide on the appropriate disciplinary measures to be taken which include: “declaring or announcing the parties which are involved in the conflict, exposing or denouncing the culprit, or deciding on imposing a harsh penalty if the culprit is involved in serious violations, recommending that the individual culprit or parties involved be referred to a tribunal be it civil, criminal or military, as the case may be”. The Committee also notes the Government’s information that a Committee was set up after the Peace Agreement which is specialized in disarmament, demobilization and reintegration. It formulated a draft policy framework for the demobilization and reintegration of children linked to the armed forces groups.

The Committee notes the adoption of the Comprehensive Peace Agreement in January 2005. However, it considers that the prohibition of forcibly recruiting children should not be confined to the scope of the said Agreement. Hence, the Committee observes that, according to the legislation in force, children under 18 years may be recruited as “reserve forces” as well as members of the Popular Defence Force (from 16 years of age). The Committee therefore requests the Government to take the necessary measures, as a matter of urgency, to prohibit in the national legislation the compulsory recruitment of children under 18 years including as “reserves”, in any military force, governmental or not, and to adopt appropriate penalties for contraventions of the prohibition. It also requests the Government to provide information on the time-bound measures taken to demobilize all child soldiers, including information on the number of children under 18 years who have been rehabilitated and reintegrated in their communities.

Article 7. Penalties. Forced labour. In it its previous comments under Convention No. 29, the Committee had noted that the CEAWC was of the opinion that legal action was the best measure to eradicate abductions, while the tribes, including the DCC, had requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes had failed.

The Committee notes the ICFTU’s allegation that the impunity that those responsible for abductions and the exaction of forced labour have enjoyed – illustrated by the absence of any prosecutions for abductions in the last 16 years – has been responsible for the continuation of this practice throughout the civil war and more recently in Darfur. The Committee notes the Government’s reply of November 2005 according to which, the main reasons for which all the tribes concerned, including the DCC, have requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes are not successful, are that: legal action is very long and expensive; it may threaten the life of young abductees; and it will not build the peace among the tribes concerned.

The Committee notes that the Penal Code of 2003 contains various provisions which provide for sufficiently effective and dissuasive penalties of imprisonment and fines for anyone who commits the offence of forced labour. It also notes the Government’s information that section 67(d) of the Child Act of 2004, states that any person who violates section 32 prohibiting forced labour, shall be punished by imprisonment for a maximum period of 15 years and by a fine decided upon by the tribunal.

The Committee notes that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraph 62) recommended the State party to prosecute those persons engaged in the abduction, sale and purchase or illegal forced recruitment of children. The Committee considers that the lack of enforcement of the penal provisions prohibiting the forced labour of children under 18 years, while sometimes ensuring that victims are effectively retrieved, has the effect of ensuring impunity for perpetrators instead of punishing them. The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee requests the Government to take the necessary measures to ensure that those engaged in the abduction and exaction of forced labour from children under 18 years are prosecuted and that sufficiently effective and dissuasive penalties are imposed on them. It also requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

The Committee is also addressing a direct request to the Government concerning other points.

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