Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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

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 following matters raised in its previous direct request:

Article 1(a) of the Convention. 1. In its previous comments, the Committee referred to the Prohibited Goods Ordinance of 1939 and noted certain provisions which appeared to allow the imposition of restrictions on freedom of expression under the penalty of imprisonment involving an obligation to work. It noted the Government's statement in its report of 1990 that sections 3, 6 and 7 and subsection 4 of the first table do not have the effect of restricting freedom of thought and expression but prohibit acts deemed to be contrary to public order and morality, and that their purpose is to safeguard the values protected by Sudanese society. The Government further indicates that no judicial decisions have been delivered on the subject.

As long ago as 1974 the Committee drew attention to the provisions imposing a penalty of imprisonment for up to seven years (involving an obligation to work) for the importation, possession or transfer of or trade in various articles, including any written matter or document, whether manuscript or printed or produced in any other way, likely to bring the Muslim or Christian religion into contempt or aimed at the overthrow of the Government or Constitution or inciting to disturbances or rivalry between different classes of society.

The Committee considers that these provisions are framed in general terms and permit the imposition of penalties involving compulsory labour for the expression of political views or views ideologically opposed to the political system, and that they therefore fall within the scope of the Convention (General Survey of 1979, paragraph 137).

The Committee once again asks the Government to supply information on the practical application of the provisions in question and to supply a copy of any judicial decision delivered on the subject.

2. The Committee noted the information supplied by the Government to the effect that Act No. 17 of 1924 on unlawful associations, which has been the subject of comments, has been repealed pursuant to the Act concerning various amendments connected with the promulgation of the Constitution. The Committee asks the Government to supply the text of this Act.

In its previous direct request, the Committee asked for a copy of the laws on the formation of trade unions. The Committee took note of the Act of 1989 repealing the Trade Unions of Workers Act (1987), the text of which has been supplied by the Government. It once again asks the Government to supply the texts of all laws and regulations on the workers' organizations referred to in section 3(c) of the 1989 Act.

The Committee noted further that the National Economic Congress made several recommendations, including one for revision of the law governing labour relations, individual employment relationships and organizations of workers. It once again asks the Government to communicate any text adopted on the subject.

3. Further to previous direct requests, the Committee noted the draft Act repealing the State Security Act (1973). This draft text appears to date from 1986. The Committee once again asks the Government to specify on what date the Act was repealed and to supply the repealing text in the form in which it came into force.

Article 1(b). The Committee noted that the National Congress of Economic Salvation had recommended, inter alia, that compulsory national service should be applied and afforded moral and material support in order to direct human powers into building the national economy.

The Committee once again asks the Government to indicate any measure taken, as well as to supply any related texts, to give effect to that recommendation. It also asks the Government to supply the text of the triennial economic salvation programme 1990-93 based on the recommendations of the Congress.

The Committee noted in this connection that the State of Emergency Regulations of 1989 permit substantial restrictions on fundamental rights such as the right of assembly, expression and movement and that Decree No. 2 of 1989 makes it unlawful intentionally to prevent public or private production. With reference to the General Survey of 1968 on Forced Labour, and in particular to paragraph 45, the Committee points out that, in seeking to ensure the abolition of any form of compulsory labour as a method of mobilising and using labour for purposes of economic development, the Conference was contemplating not only cases of direct coercion but also systems under which labour can be mobilized by means of indirect forms of coercion. Mention was made of coercive methods of recruitment, the imposition of restrictions on freedom of movement and various general measures implying a degree of coercion in matters of recruitment and assignment of labour which, combined with other restrictions, deprived the individual of any possibility of choosing his employment as he saw fit and of his freedom of movement.

The Committee once again asks the Government to indicate what measures it intends to take to ensure compliance with the Convention on this point.