Texts of pending comments

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

The Committee notes that, since the receipt of the Government report in 2017 the country faced a political crisis in April 2019. It notes the establishment in July 2019 of an agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.

Article 1(b) of the Convention. Legislation. The Committee previously noted that the Labour Code, 1997, does not provide for the principle of equal pay for men and women for work of equal value, and that article 32(1) of the Interim National Constitution of the Republic of the Sudan, 2005, provides only for equal remuneration for equal work, which is narrower than the principle of the Convention. The Committee notes once again the Government’s repeated indication that the draft of the new Labour Code has already included a provision on equal remuneration for work of equal value and is awaiting adoption. Noting the forthcoming three-year period of reforms facing the transition Government, the Committee expresses the firm hope that the Government will make every effort to ensure that the Permanent Constitution and the new Labour Code, when adopted, will give full legal expression to the principle of equal remuneration for men and women for work of equal value, and asks the Government to provide information on any progress made in this regard and on the status of the adoption of the new Labour Code.

Article 2. Application of the principle of equal remuneration for work of equal value. Civil service. In response to the Committee’s request for information on the measures taken to improve access of women to a wider range of posts in the civil service, the Government indicates that the National Civil Service Act, 2007, provides in section 28 the principle of equal remuneration for equal work. Hence, the wages and allowances in kind and the other occupational allowances associated with the post at the particular level within the Unit are only accorded to whoever has satisfied the post’s performance criteria, and has carried out obligations and responsibilities, regardless of the gender of the person occupying the post. Accordingly, the concentrating of women in specific ministries or lower employment grades in the manner stated does not exist; rather everybody is subject to a unified pay structure throughout Sudan. Thus, women occupy professional roles in all executive, legislative and judicial agencies of the State, and likewise within the uniformed services. In that regard, the Committee wishes to recall that the principle enshrined in the Convention and which lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value goes beyond the principle of equal remuneration for “equal” work, the “same” work or “similar” work, it encompasses work that is of an entirely different nature, but nevertheless of equal “value”. Indeed, due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. In that respect, based on the information provided by the Government, the Committee notes that there is horizontal (concentration of women in certain ministries) and vertical (concentration of women in the lower grades) sex segregation in the public service. The concept of work of equal “value” is therefore fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison (see the 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee once again asks the Government to provide information on the measures taken to address the underlining causes of inequalities in remuneration, such as gender discrimination, gender stereotypes, and occupational segregation and to promote women’s access to a wider range of job opportunities at all levels, including top management positions and higher paying jobs; and to provide updated statistical information on the distribution of men and women in the different posts of the public service and their corresponding levels of earnings, in order to assess the impact of the measures taken to implement effectively the principle of equal remuneration for equal work, as set out in section 28 of the National Civil Service Act, 2007.

Private sector. In its last comment, the Committee asked the Government to take the necessary steps to collect, analyse and provide data on men’s and women’s earnings by sector of activity, occupation and level of employment, covering both the formal and informal economy. It also asked it to provide information on the measures taken or envisaged to promote and ensure the access of women to a wider range of jobs and occupations, including through improving their educational levels and encouraging their participation in a wide range of vocational training courses and fields of study. Noting that statistical data indicates that 61.9 per cent of women work in the agricultural, forestry and fishing sector and 36.4 per cent work as unpaid family workers in 2011, the Committee asked the Government to provide information on measures targeting unpaid family workers and workers in the informal economy. The Committee notes the Government’s indication that the last Enterprise Survey was conducted in 2007 and that since then the Central Statistical Agency is still working on collecting updated statistical information on men’s and women’s earnings. Regarding the informal economy, the Government indicates that there is no information available, and that a survey of employment within this sector is in preparation but requires appropriate funding. Recalling that the collection and analysis of statistical data on men’s and women’s earnings is crucial in order to review the progress made in reducing the gender pay gap, the Committee hopes that the Government will soon be in a position to provide up-to-date information in this regard. Further, the Committee wishes to recall that in its 2012 General Survey on fundamental Conventions (paragraphs 712–714) it stressed that, as wage discrimination cannot be tackled effectively unless action is taken simultaneously to deal with its underlying causes, it is important to address equal remuneration in the context of the more general rights and protections regarding equality and non discrimination set out in the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Workers with Family Responsibilities Convention, 1981 (No. 156) (see 2012 General Survey, paragraphs 712–714). The Committee asks the Government to provide information on the steps taken or envisaged to address the underlying causes of pay inequality, and therefore to promote actively the access of women to a wider range of jobs and occupations in the private sector, including through improving their educational levels and encouraging their participation in a wide range of vocational training courses and fields of study. Please also include information on any measures targeting unpaid family workers and workers in the informal economy.

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

The committee notes that, since the receipt of the Government’s report in 2017, the country has faced a political crisis. It notes the establishment on 1 August 2019 of a power-sharing deal between the country’s ruling military council and opposition groups – the Transitional Military Council and the Forces for Freedom and Change – to share power for three years, with the holding, thereafter, of elections for a return to full civilian government.

Articles 1 to 3 of the Convention. General conditions to ensure protection against discrimination in employment and occupation. Over a number of years, the Committee has been expressing serious concern regarding the human rights situation in the country and has urged the Government to take immediate steps to create the necessary conditions to ensure effective protection against discrimination for all population groups, including in Darfur, South Kordofan and Blue Nile. In its previous comment, the Committee noted from the Report of the Independent Expert on the situation of human rights in Sudan that human rights challenges persist, especially in conflict-affected areas, but that the Government is making sustained efforts to improve the situation. The Committee notes the Government’s commitment to the Doha Peace Agreement in 2011 with the intention of ending the conflict in Darfur; and that a permanent Constitution was being prepared with the participation of all political parties and civil society organizations so as to bring about stability in the country. The Committee notes that, in its resolution 39/22, the Human Rights Council (HRC) decided to renew the mandate of the Independent Expert on the situation of human rights in the Sudan for a period of one year or until the operationalization of a country office of the Office of the United Nations High Commissioner for Human Rights (OHCHR) (A/HRC/RES/39/22, 8 October 2018). In that regard, the Committee notes that on 25 September 2019, the OHCHR signed an agreement with the United Nations (UN) and the newly constituted Government of Sudan to open a UN Human Rights Office in Khartoum to safeguard citizens’ rights and will also be opened in Darfur, Blue Nile, Southern Kordofan and East Sudan. The Committee notes that the UN Independent Expert’s latest report (A/HRC/42/63, 26 July 2019) covering the period 28 September 2018 to 30 June 2019: analyses the situation of human rights in the country; outlines recent developments and the continuing human rights challenges in the country; assesses the implementation of the recommendations contained in the previous reports of the Independent Expert; and provides recommendations to the Government and other stakeholders, necessary for improving the situation of human rights in the country. In light of the above, the Committee wishes to highlight the importance of making the application of the Convention an integral part of this transition process, and urges the newly-constituted Government of Sudan to take measures to bring the essential conditions to ensure effective protection against discrimination for all members of the population, including in the areas of Darfur, South Kordofan and Blue Nile, without distinction based on any of the grounds set out in the Convention. The Committee also asks the Government to provide detailed information on the activities of the National Commission on Human Rights on discrimination in general, and discrimination in employment and occupation in particular. Further, it asks the Government to provide information on the establishment of the OHCHR in the country, the activities undertaken jointly with that Office and its decision vis-à-vis the adoption of a new Constitution and Labour Code, a process launched by the former Government.

Article 1(1)(a). Prohibited grounds of discrimination. The Committee previously asked the Government to take measures to ensure that the interim Constitution and the draft Labour Code, when adopted, will provide for comprehensive protection of all workers against direct and indirect discrimination based on all the grounds set out in the Convention. The Committee recalls that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur. Noting the forthcoming three-year period of reforms facing the transition Government, the Committee urges the Government to take the necessary steps to include in the new Labour Code: (i) a definition of discrimination; and (ii) a prohibition of direct and indirect discrimination based on all the grounds set out in the Convention (race, colour, sex, religion, political opinion, national extraction or social origin), as a minimum with respect to all aspects of employment, including vocational training, access to employment and to particular occupations, and terms and conditions of employment. Please provide information on any progress made in this regard.

Article 1(1)(a) of the Convention. Sexual harassment. Previously, the Committee noted that section 53(f) of the Labour Code of 1997 does not refer explicitly to sexual harassment nor provide a definition thereof. In this regard, it wishes to reiterate that sexual harassment is a serious manifestation of sex discrimination and a violation of human rights because it undermines equality at work by calling into question the integrity, dignity and well-being of workers; and it damages an enterprise by weakening the bases upon which work relationships are built and impairing productivity (see General Survey of 2012 on fundamental Conventions, paragraph 789). As indicated in its General Observation adopted in 2002, definitions of sexual harassment should contain the following two elements: (i) quid pro quo, that is any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men which is unwelcome, unreasonable and offensive to the recipient and where a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; or (ii) hostile work environment: conduct that creates an intimidating, hostile or humiliating working environment for the recipient. The Committee asks the Government to take the necessary steps to ensure that the future Labour Code will contain provisions clearly defining and prohibiting both quid pro quo and hostile environment sexual harassment. Meanwhile, the Committee also asks the Government to provide information on the application by the courts of section 53(f) of the Labour Code of 1997 regarding instances of an “offence against morals in the working place”, as well as any practical measures taken to prevent and address sexual harassment, including in cooperation with the social partners.

Articles 2 and 3. National policy on equality of opportunity and treatment and measures to implement the policy. The Committee wishes to recall that the primary obligation under the Convention for ratifying States, is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof (Article 2), and that in moving towards this objective, appropriate measures should be adopted in line with the underlying principles enumerated in Article 3 of the Convention (see General Survey on the Fundamental Conventions of 2012, paragraph 841). The Committee once again asks the Government to take concrete steps to adopt a national policy to promote equality of opportunity and treatment with a view to eliminating discrimination on all the grounds set out in the Convention, and to provide specific information in this regard; The Committee also asks that the Government provide information on the steps taken for the active promotion of equality of opportunity and treatment in vocational training and employment for those categories of workers who are most vulnerable due to their ethnic origin or social status.

Equality between men and women. Noting the severe gender gap in economic participation between women (25.5 per cent) and men (60.2 per cent) while the percentage of women’s employment in agriculture, forestry, hunting and fishing is over 60 per cent, and even up to 80 per cent in rural areas (Labour Force Survey 2011), the Committee asked the Government to provide information on the steps taken or envisaged to improve women’s access to education, vocational training, and employment in a wide range of occupations, as well as any results achieved in this regard. The Committee notes the Government’s indication that vocational training activities were provided to women in a certain number of specializations, including: auto mechanics, automotive electronics and general electricity. The Government also indicates that with regard to wholesale and retail, the ratio of women is less than that of males (8 per cent female to 14 per cent male), and similarly in public administration (5 per cent female to 8 per cent male). The Committee asks the Government to provide statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by sector and decision-making positions.

Equal opportunity. Public service. In its previous comments, the Committee requested the Government to provide detailed information on the manner in which the National Selection Commissioner ensures that no discrimination exists in practice in the recruitment process based on any of the grounds enumerated in the Convention, including ethnic origin and political opinion. The Committee notes the Government’s indication that the Civil Service Recruitment Commission has designed a new website where job vacancies are posted and through which potential candidates can apply in a transparent manner. The Committee asks the Government to identify the measures taken by the National Selection Commissioner to disseminate and promote equality of opportunity between men and women in employment and occupation, in the public service and in particular in occupations where men have traditionally been in the majority. The Committee also asks the Government to provide up-to-date statistical information disaggregated by sex and ethnicity on participation rates in all levels of the civil service.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. The Committee requested the Government to provide information on any measures taken to improve the capacity of labour inspectors to raise awareness specifically of the principle of equality and to enforce the anti discrimination provisions of the Labour Code, and on any measures adopted to establish or strengthen mechanisms and procedures for redress relating to cases of discrimination in employment and occupation. The Committee notes the Government’s indication that the NCHR has developed a five-year time frame to implement the 2011 Darfur Peace Agreement divided into three stages, including: (i) strengthening the NCHR to enable it to track and report on data about particular areas of human rights, disaggregated by grounds such as age, sex, disability, ethnic origin, religion, region of origin, etc.; (ii) capacity-building and training of law enforcement bodies in human rights investigations, mediation and conciliation; and (iii) development of procedures for the revision of the legislation and policies regarding issues of discrimination. The Committee notes that the NCHR has developed templates of job descriptions that reflect principles of impartiality and non-discrimination, as well as geographical diversity and pluralism of the country. It also notes that according to its Strategic Plan, the NCHR has published information on how to file a complaint and how to request the NCHR’s intervention to mediate community disputes. Moreover, a Human Rights Subcommittee has been established to monitor the human rights situation, including cases of discrimination in Darfur region. The Committee further notes that the Government indicates that no complaints involving cases of discrimination have been mentioned in the labour inspectors’ reports. The Committee asks the Government to provide information on the implementation of the NCHR Strategic Plan 2014–2018 in terms of promoting equality of opportunity and treatment based on all the grounds set out in the Convention, including the measures taken to address the underlying causes of discrimination. It also asks the Government to provide further information on the complaint procedure established under the NCHR, and to indicate whether the NCHR has handled complaints related to cases of discrimination. Finally, the Committee asks the Government to identify the steps taken to strengthen the capacity of labour inspectors and enforce the anti-discrimination provisions of the Labour Code.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously took note of the Combating of Human Trafficking Act of 2014, punishing trafficking in persons with imprisonment of up to ten years. It also noted the establishment of a National Committee for Combating Trafficking (NCCT). The Committee requested the Government to provide information on the practical application of the Combating of Human Trafficking Act of 2014, as well as on the activities of the NCCT, and on the adoption of any national strategy to combat trafficking in persons. It also requested the Government to indicate the measures taken to ensure protection and assistance to victims of trafficking.

The Government indicates in its report that the National Strategy to combat trafficking in persons was adopted in 2016. Subsequently, a National Action Plan to combat human trafficking was developed for the period 2018-2019. Its objectives were the prevention of trafficking in persons, protection and assistance to victims, investigation and prosecution of traffickers, and partnerships and cooperation. The Government states that a number of workshops and seminars were organized and staff trained on the issue of trafficking in persons. The Government further indicates that the Combating of Human Trafficking Act of 2014 is implemented through specially established courts. However, the Committee notes the absence of information on the number of prosecutions and convictions of traffickers, as well as on the measures taken to support victims of trafficking.

The Committee notes that Article 57 of the Transitional Constitution of Sudan, signed on 17 August 2019, provides that all forms of trafficking in persons are prohibited. It also notes that the Combating of Human Trafficking Act of 2014 was amended by the Act on Various Amendments of 30 April 2020 to tighten the penalties on trafficking in persons by doubling the prison sentences. The Committee requests the Government to indicate the measures taken to implement the objectives of the National Action Plan to combat human trafficking, as well as the results achieved in this regard, and whether a new anti-trafficking plan has been developed. The Committee also requests the Government to provide information on the cases of trafficking of persons identified, investigated and prosecuted, as well as on the number of convictions handed down by the courts specially established for the implementation of the Combating of Human Trafficking Act of 2014, and the specific penalties imposed on perpetrators. Lastly, the Committee requests the Government to provide information on any measures taken to ensure protection and assistance to victims of trafficking, as well as the number of victims who have benefited from such assistance.

Articles 1(1), 2(1) and 25 of the Convention. Abductions for the exaction of forced labour and penalties. In its previous comments, the Committee noted the practice of abductions for the purpose of forced labour in the context of armed conflict. It noted the Government’s indication in its last report that no evidence had been found regarding cases of abductions. The Committee further noted the United Nations Independent Expert’s indication in 2016 that fighting continued, particularly in Darfur between Government forces and the Sudan Liberation Movement-Abdul Wahid, causing killings, abductions, sexual violence and displacement of civilians. The Committee noted the appointment of a Special Prosecutor for Darfur crimes, and the Government’s information that no prosecutions undertaken by the Special Prosecutor were related to cases of abductions for forced labour. The Committee accordingly requested the Government to take immediate and effective measures to ensure the imposition of appropriate criminal penalties on perpetrators of abductions for the exaction of forced labour.

The Government indicates in its report that there are no records of abductions for the purpose of compulsory labour, and that the Special Prosecutor for Darfur crimes has not received any cases of abductions for forced labour. The Government states that the security situation in Darfur is stable thanks to the efforts of the transitional Government, which has made peace its priority.

The Committee notes the United Nation’s indication available on its website that a transitional Government was formed in August 2019 by the Transitional Military Council and the country’s main opposition alliance, for a three-year period leading up to democratic elections. The Committee notes that the General Framework for the programme of the transitional Government sets as one of its priorities to put an end to the war and build fair, comprehensive and sustainable peace. In this regard, practical measures include: (i) establishing and activating the Transitional Justice Commission and building the relevant compensation and reparation institutions; and (ii) creating units for psychological support and assistance for the victims of violations. In addition, the Committee notes that Article 6(3) of the Transitional Constitution, signed on 17 August 2019, provides that despite any provision in existing laws, there shall be no statutory limitations on war crimes and crimes against humanity, extrajudicial killings, violations of international human rights law and international humanitarian law, and offences relating to corruption and abuse of power committed since 30 June 1989. The Committee welcomes the formal signature of a peace agreement on 3 October 2020 in Sudan between the transitional Government and opposition groups. The Committee requests the Government to continue to take measures to ensure that no cases of abductions for the exaction of forced labour occur in future and to guarantee that victims are fully protected from such practices. The Committee also requests the Government to provide information on the establishment of the Transitional Justice Commission, the compensation and reparation institutions and the units to support and assist victims of violations, and to indicate the activities that they have undertaken for the reparation and reintegration of victims of abductions for the exaction of forced labour.

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

Article 1(d) of the Convention. Punishment for having participated in strikes. The Committee previously noted that, according to section 124 of the 1997 Labour Code, workers or officials should be forbidden from partially or totally stopping work. It also noted that sections 112, 119 and 120 of the Labour Code provided that labour disputes which could not be settled amicably within three weeks would be automatically referred to an arbitration body, whose decision would be final and without appeal. In this regard, section 126(2) of the Labour Code provides for a penalty of imprisonment, which might involve an obligation to work, of up to six months in cases of violation or refusal to apply the provisions of the Labour Code. The Committee noted the Government’s indication according to which a draft Labour Code was under examination. Recalling that no sanctions involving compulsory labour should be imposed upon a worker for the mere fact of peaceful participation in a strike, the Committee requested the Government to ensure, within the framework of the amendments to the Labour Code, that sections 124 and 126(2) of the Labour Code would be revised in conformity with the Convention.

The Government indicates in its report that, following the events of December 2018 which led to a new Government, all national laws will be reviewed. The Government states that it will report any progress made with regard to the Labour Code. The Committee further notes the Government’s indication, in its report formulated under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), that the draft Labour Code is currently undergoing final revision by the Ministry and the social partners, following which it will be submitted to the Council of Ministers and Parliament. The Committee therefore firmly hopes that the Government will take the necessary measures, in the context of the final revision of the draft Labour Code, to ensure that legislation no longer provides for the possibility of imposing penalties involving compulsory prison labour for peaceful participation in strikes, as currently provided for in sections 124 and 126(2) of the Labour Code. It requests the Government to provide a copy of the new Labour Code, once adopted.

Supply of legislation. Noting that the Government did not provide any information regarding the Prison Act of 2015, the Committee once again requests it to provide a copy of the Prison Act of 2015 concerning the regulation of prisons. The Committee also requests the Government to provide a copy of the Cybercrime Act of 2020.

Article 1(a) of the Convention. Punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that sections 50, 66 and 69 of the Criminal Act provided for penalties of imprisonment, which might involve an obligation to perform prison labour, for committing an act with the intention of undermining the constitutional system, for the publication of false news with the intention of harming the prestige of the State, and for committing an act intended to disturb public peace and tranquillity. It took note of the report of 2016 of the Independent Expert on the situation of human rights in the Sudan according to which repressive measures, including arrests and detentions, had been used by Sudanese authorities against political opposition groups, civil society organizations and students. The Committee accordingly urged the Government to take the necessary measures to ensure that sections 50, 66 and 69 of the Criminal Act were repealed or amended so that no prison sentence involving compulsory labour could be imposed on persons who, without using or advocating violence, expressed certain political views or opposition to the established political, social or economic system.

The Government indicates in its report that the Criminal Act is currently subject to review. The Committee notes that the Criminal Act was amended by the Act on various amendments of 13 July 2020. The Committee notes with regret that sections 50, 66 and 69 do not appear to have been amended.

The Committee further notes that the Human Rights Committee indicated in its concluding observations of November 2018 that the 2013 amendments to the Armed Forces Act introduced the possibility for the trial of civilians before military jurisdictions for crimes such as the spreading of false news (section 66 of the Criminal Act) or undermining the constitutional system (section 50 of the Criminal Act). The Human Rights Committee also pointed out that political opponents have been prosecuted before military jurisdictions (CCPR/C/SDN/CO/5, paragraph 39). The Committee urges the Government to take the necessary measures to ensure that the legislation is amended without delay so that persons who peacefully express political views or views ideologically opposed to the established political, social or economic system cannot be subject to sanctions involving compulsory prison labour. For instance, the Government could restrict the scope of application of sections 50, 66 and 69 of the Criminal Act to situations of violence, or could repeal sanctions involving compulsory prison labour. In the meantime, the Committee requests the Government to indicate the specific penalties that have been imposed on persons under sections 50, 66 and 69 of the Criminal Act, including by the military jurisdictions. It also requests the Government to provide a copy of the 2013 amendments to the Armed Forces Act.

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

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

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

The Committee notes the Government’s information in its report that children under the age of 12 years may not be employed. It notes that pursuant to section 21 of the Labour Code of 1997, children between 12 and 15 years of age are allowed to perform work. The Committee observes that the above provisions may be construed in a broad sense so as to apply to work other than light work. In this regard, the Committee recalls that Article 7(1) and (4) of the Convention provides that national laws or regulations may permit children over 12 years of age to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7(3) of the Convention, the competent authority shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore requests the Government indicate the measures taken or envisaged to ensure that children between 12 and 14 years are permitted to undertake only light work activities. In this regard, the Committee requests the Government to determine the number of hours during which, and the conditions in which, such work may be undertaken by children between 12 and 14 years, in conformity with Article 7(3) of the Convention. It requests the Government to provide information on the progress made in this respect.

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

The Committee notes the Government’s reference to section 24 of the Labour Code which requires employers to fix in a conspicuous place in the workplace a copy of the regulations concerning the employment of children provided for in this Act, and a list showing the hours of work and rest periods. The Government further indicates that section 64 of the Labour Code provides that the workers’ data shall be kept. The Committee once again recalls that Article 9(3) of the Convention requires the employers to keep registers or other documents containing the names and ages or dates of birth of the employees under 18 years of age. The Committee requests the Government to indicate whether the workers’ data to be kept under section 64 of the Labour Code includes information such as the name, age or date of births of young workers under 18 years of age whom they employ.

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

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

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

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

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

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

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.

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.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wages) and 95 (protection of wages) together.

The Committee notes the establishment in July 2019 of a power-sharing agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.

Minimum wage

Article 3 of Convention No. 26. Minimum wage-fixing machinery. Method of operation and consultations with the social partners. Further to its previous comments, the Committee notes the Government’s indication in its report that: (i) in practice, the social partners participate equally in tribunals established under the Wages and Conditions of Employment Tribunals Act, 1976, to determine minimum wage rates for certain categories of workers; and (ii) work was under way to amend that Act to reflect the current practice. It also notes the information available on the composition and mandate of the Higher Council on Wages, as contained in the Higher Council on Wages Act, 2004. It notes in particular that one of the objectives of the Council is to propose and track the economic and social variables affecting the minimum wage (section 5 of the 2004 Act) and that in order to perform its work, the Council has the power to make occasional recommendations on the minimum wage level in the public and private sectors (section 6(j) of the 2004 Act). The Committee requests the Government to provide information on the operation of the Higher Council of Wages in practice and the work it has carried out regarding the minimum wage, as well as on any subsequent decisions adopted in this regard.

Protection of wages

Labour law reform. In its previous comments, the Committee noted the Government’s reference to a revision process relating to the Labour Code, which is the main legislation implementing Convention No. 95. As it had been drawing the Government’s attention to issues of conformity concerning the application of various provisions of the Convention, the Committee requested the Government to ensure that the revision process would lead to greater compliance in this regard. The Committee notes that the Government does not refer to the revision process in its report and that no information is available on progress made towards the finalization of the reform. In this context, it reminds the Government of the possibility of availing itself of ILO technical assistance and requests the Government to take the necessary measures to give effect to the points raised below. It requests the Government to provide information in this regard.

Article 2 of the Convention. Scope of application. The Committee recalls that under section 3 of the Labour Code, various categories of workers are excluded from its scope of application, including public servants, domestic workers, certain agricultural workers and casual workers. The Committee recalls that the Convention applies to all persons to whom wages are paid or payable. It also recalls the limited and provisional nature of the exemptions permitted under the Convention. The Committee requests the Government to consider extending the protection of the Labour Code to the above workers. Where exclusions remained, it requests the Government to take the necessary measures to ensure that the workers concerned benefit from the protection afforded by the Convention.

Article 4. Partial payment of wages in kind. The Committee notes that section 35(1) of the Labour Code authorizes payments in kind without however prescribing any conditions for such payments. It notes that the Government indicates that in practice payments in kind do not exceed 20 per cent of the total wage. Recalling that Article 4 provides that appropriate measures must be taken to ensure that the value attributed to allowances in kind is fair and reasonable, the Committee considers that a limit based on practice is not sufficient to ensure the effective implementation of this Article. The Committee requests the Government to take the necessary measures to give full effect to this provision.

Article 6. Freedom of workers to dispose of their wages. The Committee notes that the prohibition for employers to limit in any manner the freedom of workers to dispose of their wages is not contained in the Labour Code. The Committee requests the Government to consider inserting such a provision in any revision of the Labour Code.

Article 10. Attachment of wages. Further to its previous comments, the Committee notes the Government’s indication that the attachment of wages is only possible for the payment of maintenance allowances following a court’s decision.

Article 14. Payslips. Further to its previous comments, the Committee notes the Government’s indication that the notification of the receipt of wages is in the form of a pay stub issued when the worker receives the wage.

The Committee notes the establishment in July 2019 of a power-sharing agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.

Draft strategy on labour inspection. The Committee previously urged the Government to pursue its efforts to adopt its strategy on labour inspection, which had been developed in 2014 in the National Tripartite Workshop on Labour Inspection. It notes the Government’s indication in its report, in response, that the draft strategy on labour inspection is still being examined and that joint committees have been established to work on it. Noting that the development of the draft strategy dates back to 2014, the Committee urges the Government to strengthen its efforts to adopt it, and to provide a copy once adopted.

Article 4(1) and (2) of the Convention. Organization and effective functioning of the labour inspection system under the supervision and control of a central authority. The Committee previously requested the Government to provide information on the organization of the labour inspection system, including the central authority and local labour offices in each of the states. It notes the Government’s indication, in response, that the labour inspection system is placed under the supervision and control of a central authority, through full and close coordination between the central authority and each of the states, including for the purpose of drawing up plans and formulating policies. The Government also states that there is a General Directorate of Coordination and Follow-up, which establishes a network between each state. The Committee requests the Government to provide further information on the role, mandate and activities of the General Directorate of Coordination and Follow-up, including information on the details of its network and how the Directorate coordinates with local labour offices. It once again requests the Government to provide the organizational chart of the labour inspection system, illustrating the structure of and relationship between a central authority and local offices under each state. The Committee also requests the Government to provide specific information on the manner in which local labour inspection activities are placed under the supervision and control of a central authority, in order to give full effect to Article 4 of the Convention.

Articles 12(1) and 15(c). Unannounced inspection visits and confidentiality of the source of any complaint. The Committee previously requested information concerning the possibility for an individual worker to make a confidential complaint, noting the Government’s indication that labour inspection visits may be arranged at the request of an employer, a trade union, or a majority of workers in firms where there is no union. In the absence of information provided by the Government in response, the Committee once again recalls that, in accordance with Article 15(c) of the Convention, and consistent with paragraph 235 of its 2006 General Survey, Labour inspection, labour inspectors shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee recalls in this respect the importance of enabling workers to communicate freely with inspectors and of the confidentiality of complaints, particularly for the protection of workers from reprisals. The Committee once again requests the Government to indicate whether it is possible for an individual worker to submit a complaint to the labour inspectorate and, if so, the measures taken to maintain the confidentiality of the complaint. The Committee also reiterates its request that the Government provide information on whether the labour inspectorate undertakes unannounced visits, and if so, to provide information on the number of such visits undertaken.

Articles 20 and 21. Publication and communication to the ILO of an annual report. The Committee previously noted that although no annual inspection reports have been communicated to the ILO for more than 25 years, steps had been taken towards the preparation of annual reports, including the identification of training needs and initiatives to facilitate the preparation of periodic reports by state labour offices. It takes note of the Government’s indication, in response, that it is currently gathering reports by state labour offices. The Committee once again urges the Government to take all possible measures to ensure that labour inspection reports are prepared annually, published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

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

The Committee notes the establishment in July 2019 of a power-sharing agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.

Article 3(1) and (2). Labour inspection functions and additional duties entrusted to labour inspectors. In its previous comments, the Committee noted the large number of collective and individual labour disputes handled by the labour inspectorate in 2016, and also noted a significant reduction from 2015 to 2016 in the number of labour inspections performed – more than 80 per cent based on statistics provided in the Government’s report. It further noted the Government’s statement that a lack of resources hindered the application of labour legislation.

The Committee notes the Government’s indication in response in its report, that there has been no reduction in the number of labour inspections. The Government states that labour inspectors do not intervene in the settlement of disputes and that their fundamental role is confined to carrying out inspections and monitoring the implementation of the Labour Code. The Government also states that labour inspectors provide employers and workers with information and technical guidance so that they can implement laws and regulations regarding termination of employment in the most effective manner. The Government further states that inspectors address and notify loopholes in labour legislation to the competent authority. Noting an absence of specific information in this respect, the Committee requests the Government to provide statistical information listed under Article 21(b)–(g) of the Convention, including on the number of inspection visits undertaken. It also requests the Government to provide detailed information on the proportion of activities of labour inspectors devoted to their primary functions under the terms of Article 3(1)(a)–(c) in comparison to their other duties. It requests the Government to indicate the authorities which handle collective and individual disputes and the role, if any, of inspectors in this regard. Lastly, it once again requests the Government to provide information on the role of labour inspectors in assisting the public authorities to implement orders relating to the public interest that requires the undertaking of inspection visits.

Article 5(a). Effective cooperation between the inspection services and the judicial system. The Committee previously noted the number of unresolved collective and individual disputes referred to the judicial authorities by the labour inspectorate and the number of cases dealt with by the courts in the State of Khartoum. In the absence of information from the Government, the Committee once again requests the Government to provide information, for all jurisdictions, on the number of cases referred to the judicial authorities by the labour inspectorate, the number of cases dealt with by the courts, the outcome of the cases referred (acquittal, fines, including amounts, or prison sentences), and the legal provisions to which they relate, (distinguishing these cases from those brought by workers themselves). It also requests the Government to provide information on any measures taken to promote effective collaboration between the labour inspectorate and the judicial system (including with regard to the exchange of information on the outcome of cases referred to courts).

Article 7(3). Adequate training for labour inspectors for the performance of their duties. The Committee notes the Government’s indication, in reply to its previous request, that training is provided for labour inspectors. The Committee requests the Government to provide more specific information on the training activities provided for labour inspectors, including the frequency, number of participants, subjects covered, and impact of the training activities.

The Committee notes the establishment in July 2019 of a power-sharing agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.

Article 4 of the Convention. Compulsory arbitration. In its previous comments, the Committee had requested the Government to take the necessary steps to amend section 112 of the Labour Code of 1997, in order to ensure that compulsory arbitration is only imposed in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term and acute national crises. The Committee notes the information provided in the Government’s report from 2018 that the draft Labour Code was in the final stages of revision and that essential services would be defined upon its adoption. The Committee requests the Government to indicate the steps taken, or envisaged, in respect of the new Labour Code during the period of power-sharing and the measures taken to ensure that compulsory arbitration will only be imposed in the above-mentioned cases.

Collective bargaining in practice. In its previous comments, the Committee requested the Government to provide statistical information on the number of collective agreements in existence, and the sectors and workers covered. The Committee notes that the Government referred in its 2018 report to a bilateral agreement for lorry drivers and another in the private sector, signed in 2016 and 2017 respectively. The Committee requests the Government to provide statistical information on the overall number of collective agreements in Sudan since 2017, as well as the sectors and workers covered.

Trade union rights in export processing zones (EPZs). In the absence of any new information concerning the application of the Convention beyond the Government’s reiteration that the Labour Code applies to workers in EPZs, the Committee requests the Government to provide specific information on the application of trade union rights in EPZs, including the number of unions and collective agreements in EPZs, as well as a copy of the relevant labour inspection reports.

Trade Unions Act. Lastly, the Committee observed, in its previous comments, that the Trade Unions Act of 2010 contains a number of provisions that are not consistent with the principles of freedom of association (for example, the imposition of trade union monopoly at federation level; the ban on joining more than one trade union organization; the need for approval from the national federation in order for federations or unions to join a local, regional or international federation; and interference in the finances of organizations). The Committee invites the Government, in full consultation with the organizations of workers and employers, and with technical assistance from the Office should it so wish, to take steps to bring the Trade Unions Act of 2010 into line with the principles of freedom of association, with a view to promoting the full development and utilization of collective bargaining machinery pursuant to Article 4 of the Convention.

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

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

Comments adopted by the CEACR: Sudan

Adopted by the CEACR in 2021

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C026 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum wage

Protection of wages

C081 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C098 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C117 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Sudan

Display the list by:

Adopted by the CEACR in 2021

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C026 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum wage

Protection of wages

C081 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C098 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C117 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)