Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Abolition of Forced Labour Convention, 1957 (No. 105) - Sudan (Ratification: 1970)

The Committee notes that no report has been received from the Government. 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 following matters:

Article 1(a) of the Convention

1. In its earlier comments the Committee observed that the Prohibited and Restricted Goods Ordinance of 1939 (sections 3, 6, 7 and paragraph 4 of the first schedule) appeared to allow the imposition of restrictions on freedom of expression under the penalty of imprisonment involving an obligation to work. The Committee notes the Government's statement in its report received in 1988 that the political system and the Constitution of Sudan permits opposition to the Government in any form short of threatening the national security, that as such the ordinary opposition is permitted. Noting also the Government's reference to section 105 of the Penal Code Act, 1974, under which it is not an offence to express criticism or disapproval of the Government or of any act or policy of the Government if it be done in good faith and in temperate language, the Committee requests the Government to supply copies of court decisions made under paragraph 4 of the first Schedule to the Prohibited and Restricted Goods Ordinance of 1939 and defining its scope along the same lines.

2.The Committee, in its previous comments, referred to the Unlawful Associations Ordinance, No. 17, of 1924 (as amended), under which a penalty of imprisonment (involving compulsory labour) may be imposed for affiliation to, or participation in the activities of any communist-oriented group or one which spreads the ideas of certain associations existing outside Sudan.

In this connection, the Committee notes the Government's statement in its report received in 1988 that the Sudan Communist Party is among the political parties represented in the Constituent Assembly (the Parliament), is standing in the opposition and has a daily newspaper expressing its opinions. The Committee hopes that the Unlawful Associations Ordinance will be amended accordingly, and that the Government will indicate the action taken to this end. It also requests the Government to furnish copies of the laws which define the limits of the freedoms of opinion and expression, and of formation of trade unions and associations under articles 19 and 20 respectively of the Transitional Constitution.

3. The Committee noted the Government's indication in its report received in 1988 that the State Security Act of 1973 has been repealed since 1 April 1986 by an Act. It asks the Government to supply a copy of the repealing Act.

Article 1(d)

4. The Committee previously noted that under the Industrial Relations Act, 1976, participation in strikes may be punished with imprisonment involving compulsory labour whenever the Ministry of Labour has decided to submit the conflict to compulsory arbitration. The Committee notes the Government's statement in its report received in 1988 that strikes are not illegal as such but that there are steps that lead to the strike; these should start with the arbitration and in the last resort end with the strike; according to the Government this Act only organises the way in which workers should strike.

The Committee observes that under section 17 of the Industrial Relations Act, 1976, the Minister may, without approval of the parties to a dispute, refer the dispute to an arbitral tribunal for determination whenever he deems it necessary, and under section 25(1) an award of an arbitral tribunal shall be final and shall not be challenged in any way whatsoever. The Committee requests the Government to indicate whether these provisions have been amended. If they are still in force the Committee refers to paragraph 130 of its 1979 General Survey on the Abolition of Forced Labour, where it pointed out that compulsory arbitration systems enforced by penalties involving compulsory labour should be limited to sectors and types of employment where restrictions may be imposed on the right to strike itself, that is to essential services whose interruption would endanger the life, personal safety or health of the population. The Committee is obliged to point out again that the provisions of the Industrial Relations Act for compulsory arbitration should be limited to essential services in the above strict sense in order to be compatible with the Convention. The Committee hopes that the Government will take the necessary action with a view to ensuring the observance of the Convention on this point.