Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(d) of the Convention. The Committee notes that sections 112, 119 and 126(2) of the Labour Code of 21 June 1997 specify that labour disputes which cannot be settled amicably within three weeks will be automatically referred to an arbitration body whose decision will be final and without appeal. Section 126(2) provides for a punishment of imprisonment for a period of up to six months in cases of violation or refusal to apply the provisions of the Code. According to the prison regulations, Chapter IX, section 94, prison labour is compulsory for convicted prisoners.

The Committee notes that the abovementioned provisions reinstate those of the Industrial Relations Act, 1976 (repealed by the Code), which were the subject of earlier comments. The Government indicated in its report that the 1976 Act had been repealed and that no sanctions had been imposed under it.

The Committee requests the Government to indicate measures taken or envisaged to ensure that sanctions involving the obligation to work cannot be used to punish participation in strikes. It requests the Government to forward information on the application of the aforementioned provisions of the Labour Code, particularly regarding the number of persons convicted for having refused to fulfil the decision of an arbitration body, and to supply copies of the relevant judgements.

  Article 1(a) of the Convention. In its earlier comments, the Committee referred to the effect that the declaration of emergency and the suspension of the guarantees set forth in the Convention could have on its application. The Committee notes that the declaration of emergency proclaimed in December 1999 is still in force.

The Committee takes note of the situation regarding human rights in Sudan as presented by the United Nations Special Rapporteur of the Commission on Human Rights (UN document A/374 of 11 September 2000). According to this report, while the declaration of emergency was not followed by wide-scale human rights violations, certain concerns remain concerning freedom of association. Moreover, the United Nations Committee on Economic, Social and Cultural Rights noted with concern that "some restrictions on the freedoms of religion, expression and association and peaceful assembly still exist ..." (E/C.12/1/Add.48 of 1 September 2000).

The Committee notes both section 50 of the Penal Code, which allows life imprisonment for whoever commits an act with the intention of destabilizing the constitutional system, and sections 66 and 69 of the same Code. Section 66 provides that whoever publishes false news with the intention of harming the prestige of the State can be sentenced to six months in prison, and section 69 provides that whoever intentionally commits an act intended to disturb the peace can be sentenced to three months in prison. As previously indicated, these sentences include the obligation to perform prison labour.

The Committee recalls that the Convention prohibits all recourse to forced or compulsory labour including compulsory prison labour as a means of political coercion or education or as a punishment for holding or expressing certain political views or views ideologically opposed to the established political, social or economic system.

The Committee also recalls that the protection conferred by the Convention is not limited to activities expressing or manifesting opinions diverging from established principles. Consequently, if certain activities aim to bring about fundamental changes in state institutions, this does not constitute a reason for considering that they escape the protection conferred by the Convention as long as they do not resort to or call for violent means to these ends.

The Committee also observes the importance for the effective respect of the Convention of the legal guarantees regarding freedom of assembly, expression, demonstration and association, and the direct effect which restriction of these rights can have on the application of the Convention. In practice it is often through the exercise of these rights that political opposition to the established system can be shown.

The Committee renews its request to the Government to forward copies of the legislation in force concerning freedom of association, assembly, and expression of political opinion, as well as the regulations adopted pursuant to the declaration of emergency. It also requests the Government to indicate whether the legislation exempts persons convicted for their political views from the obligation to perform prison labour.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.