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

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

The Committee notes with regret that the Government's report has not been received. It notes the discussion which took place at the Conference Committee in 1992. In its previous observation, the Committee noted that a state of emergency had been proclaimed in 1989 and that it extended the previous one. It also noted that the provisional Constitution of 1985 had been suspended. The Committee notes the Government's statement at the Conference Committee that the state of emergency had been partially lifted and that it would be totally lifted soon. And that the legislative authority would soon prepare the Constitution and the legislation of the country.

1. The Committee noted that offences against the Regulations to give effect to the state of emergency of 1989 are subject to the death penalty or to imprisonment for not more than 20 years. Under the prison regulations, imprisonment imposes an obligation to work.

The Committee, further to the comments of the Conference Committee, recalls that under the Convention, the nature and duration of the measures taken in an emergency, when applied in cases covered by Article 1 of the Convention and enforced by penalties involving compulsory labour, should be strictly limited to what is considered absolutely indispensable to cope with real and immediate circumstances endangering the life, safety or health of the population.

The Committee expresses the hope that the Government will take the necessary measures to ensure that the provisions of the Convention and of Convention No. 29, which the Government has also ratified, are duly taken into account in the preparation of all constitutional or legislative provisions. The Committee hopes that the Government will take the necessary measures to ensure that penalties involving compulsory work as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the political, social or economic system cannot be imposed, with particular reference to the expression of views by the press, political activities and the right of association and assembly.

The Committee asks the Government to supply full information on all penalties imposed pursuant to the provisions issued during the state of emergency; on all provisions adopted in matters within the scope of the Convention, with particular reference to the expression of views, political activities, and freedom of association and assembly; and on all measures taken or contemplated to ensure compliance with the Convention in this respect.

2. The Committee noted previously that Constitutional Decree No. 1 of 1989 and the Acts in force at the time of suspension of the Constitution remain applicable. The Committee again asks the Government to supply information on the progress of the revision of the laws to which the Government referred on several occasions and to supply the new texts as soon as they are adopted, and especially the 1992 Labour Act.

3. In its previous comments, the Committee referred to the Industrial Relations Act of 1976. It noted that participation in strikes was punishable with imprisonment involving compulsory labour whenever the Ministry of Labour decided to submit the dispute to compulsory arbitration. The Committee noted that, under section 17 of the Act, the Minister might, whenever he deemed it necessary, refer the dispute to an arbitration tribunal whose award was final and without appeal.

The Committee notes the Government's statement at the Conference Committee that the Act of 1976 is being reconsidered in order to ensure its compatibility with ILO standards especially with regard to arbitration and the right of the Minister to send any dispute to compulsory arbitration. This right, however, was only exercised in the case of essential services whose stoppage could damage the health and security of the population. The Committee further notes the Government's assurances that it would take full account of the Committee's comments and that the question of the exact definition of what services were essential or not would be communicated to the Committee of Experts.

The Committee asks the Government to supply the text of every measure taken to limit the system of compulsory arbitration, enforceable by penalties involving compulsory labour, strictly and explicitly to essential services whose interruption is likely to endanger the life, personal safety or health of the whole or part of the population.

The Committee notes further that Constitutional Decree No. 2 of 1989 imposes a prohibition on any strike save by special permission. It asks the Government to specify what authorities can issue such permission and by what procedure. In that connection it points out that its General Survey of 1979 on the Abolition of Forced Labour holds in paragraph 126 that such a suspension of the right to strike enforced by penalties involving compulsory work is compatible with the Convention only in so far as it is necessary to cope with cases of force majeure in the strict sense of the term - namely, when the existence of the population is endangered - provided that the duration of the prohibition is limited to the period of immediate necessity.

It hopes that the Government will take the necessary measures to ensure compliance with the Convention on this point.

The Committee is addressing a request directly to the Government on various other points.