Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

Article 1(a) and (d) of the Convention. In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to work under the Prison Regulations, Chapter IX, section 94, and the 1997 Regulations concerning the organization of work in prisons, Chapter XIII, section 38(6)) may be imposed under the following provisions of the national legislation falling within the scope of the Convention: sections 112, 119, 120 and 126(2) of the Labour Code of 1997 (compulsory arbitration) and sections 50, 66 and 69 of the Penal Code (committing an act with the intention of destabilizing the constitutional system, publication of false news with the intention of harming the prestige of the State and committing an act intended to disturb the peace).

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. While noting the Government’s indication in the report that the declaration of emergency was expected to be lifted after the signature of the Peace Accords, the Committee observes that the declaration of emergency proclaimed in December 1999 has remained in force in 2004.

The Committee takes note of the situation regarding human rights in the Sudan as described in the decision of the UN Commission on Human Rights 2004/128 of 23 April 2004 "Situation of human rights in the Sudan" (E/CN.4/DEC/2004/128), in the Report of the Representative of the Secretary-General on internally displaced persons "Mission to the Sudan - The Darfur crisis" (E/CN.4/2005/8, of 27 September 2004) and in the Report of the UN High Commissioner for Human Rights on a situation of human rights in the Darfur region of the Sudan (E/CN.4/2005/3). In its decision 2004/128 on the situation of human rights in the Sudan referred to above, the UN Commission on Human Rights expressed its deep concern about the situation in the Sudan, and in particular in Darfur - Western Sudan, and called upon the Government to actively promote and protect human rights and international humanitarian law throughout the country.

As the Committee repeatedly pointed out, it 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.

The Committee has noted the Government’s indication in its report that, according to the Prison Regulations of 1999, there is no compulsory labour in prisons and work is optional for prisoners. It requests the Government to supply a copy of the 1999 Prison Regulations with its next report, so as to enable the Committee to ascertain whether national legislation is compatible with the Convention.

The Committee has also noted the Government’s statement that the comments by the ILO supervisory bodies on the application of the Convention had been submitted to a committee in charge of the amendments of the 1997 Labour Code, which finished its deliberations and submitted the new draft Code. The Committee would appreciate it if the Government would supply a copy of the new Code, as soon as it is adopted. It also asks the Government once again to supply copies of the legislation in force concerning freedom of association, assembly, and expression of political opinion.