Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Sudan (Ratification: 1970)

1. Further to its previous observations, the Committee notes with interest the repeal of Constitutional Decree No. 2, section 6(c)(6) of which declared a state of emergency, dissolved political parties and trade unions and allowed measures to terminate the service of any public employee and every contract with a public office. The repeal was effective 30 June 1998, and a new Constitution of the Republic of Sudan has been signed by the President. The Committee notes in particular that article 21 of the Constitution prohibits discrimination on the grounds of race, sex and religious creed. The Government is requested to indicate the manner in which the application in practice of the provisions of the Constitution is ensured, in employment and occupation, with regard in particular to the prohibition of discrimination on grounds of race, sex and religious creed. The Committee notes the omission of political opinion, national extraction, colour and social origin from the prohibited grounds of discrimination in article 21 of the new Constitution, and requests the Government to supply information, which it can examine at its next session, on the specific measures taken or contemplated to give legal expression to protection against discrimination on these grounds. In this regard, the Committee recalls its long-held view that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a).

2. The Committee notes the adoption of the new Labour Code of 1997 which incorporates the provisions of the 1974 Labour Force Act, the 1976 Industrial Relations Act, the Industrial Safety Act and the 1981 Individual Relations Act. The Committee notes that the new Labour Code does not contain any provisions pertaining to equal opportunity and treatment in access to vocational training, and to employment, and for terms and conditions of employment. In this regard, the Committee must refer to the intention stated by the Government in its previous reports, that, in the framework of the general revision of the labour legislation, it would include a provision in the legislation giving express effect to the principles of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to promote equal opportunity and treatment in employment and occupation for all categories of workers and to protect them against discrimination in accordance with Article 1(a) of the Convention.

3. The Committee takes note of the 1994 Public Service Act. It notes that section 18 of the Act states that "the selection process for public service posts is open to everyone and is based on competence; that it is determined by examinations or interviews or both, depending on the work requirements and the various specializations". Noting also the Government's statement in its previous report that decisions of the selection committees are made on the basis of the principle of equal opportunity and without discrimination on the grounds of sex, religion or race, the Committee asks the Government again for information on how respect for this principle in decisions of the selection committees is monitored, and on the procedure available for appeal of such a decision on grounds of discrimination.

4. As the Government's report contains no details on the racial and religious composition of the courts, tribunals and police forces of the country and on measures taken or contemplated by the Government to facilitate access of persons of non-Arab extraction to posts in the judicial system, the Committee is obliged to repeat its request for such information.

5. The Committee takes note of the statistics supplied concerning the number of participants and types of courses offered at the regional vocational training centre in Khartoum, Friendship Omdurman and El Obeid. While noting that in the El Obeid vocational training and service centre, 30.6 per cent of the trainees were women (of which 54.1 per cent were enrolled in short-term business training courses), it notes that women constituted less than 6 per cent of the students receiving vocational training in Khartoum and Friendship Omdurman. Furthermore, statistics on the vocational training courses in Khartoum in 1997 show that women and men are mainly clustered in traditionally female and male subjects and occupations. The Committee requests the Government to provide, in its next report, information on the measures taken or contemplated to facilitate women's access to a greater variety of skills training and jobs and to enhance women's participation in training institutions. Such measures could include, for example, adult literacy training programmes and out-of-school education for women, flexible training schedules, child-care facilities at training sites or general awareness-raising campaigns to promote women's and girls' education and training. The Committee also requests the Government to continue to provide statistical and other information, showing the participation of men and women in vocational training programmes, as well as the religious, ethnic and racial composition of the trainees.

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