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

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

1. The Committee is gravely concerned at the insecurity and violence prevailing in the Darfur region characterized by attacks on civilians, including widespread rape and other sexual violence, abductions, extrajudicial killings and looting. It notes the establishment by the Secretary-General of the United Nations under Security Council resolution 1564(2004) of 18 September 2004 of an international commission of inquiry in order to investigate immediately reports of violations of international humanitarian law and human rights law in Darfur by all parties, and to determine also whether or not acts of genocide have occurred. The Committee is concerned at the impact of the current situation on the application of the Convention to all parts of the population, irrespective of race, colour, sex or religion, and hopes that all hostilities will cease in the very near future, to establish conditions under which the Convention can be respected. The Government is requested to provide information on the measures taken to ensure that the local population can exercise their occupations free from discrimination. In this regard, the Committee also refers to its observation on the application by Sudan of Convention No. 29.

2. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee refers to its previous comments, in which it noted the adoption of a new Constitution, which prohibits discrimination on grounds of race, sex and religion. In those comments, it drew the Government’s attention to the absence of a formal prohibition of any form of discrimination on the grounds of political opinion, national extraction, colour and social origin. It also noted the adoption of a number of other legislative texts, including the 1997 Labour Code, which does not contain provisions respecting non-discrimination in employment and occupation. The Committee noted the Government’s explanation that the definition of "worker" in the Labour Code refers to "any person, male or female" and thus ensures the absence of discrimination on any grounds. The Committee once again recalls the importance of defining and prohibiting discrimination in law on all grounds of discrimination contained in Article 1(1)(a) of the Convention. Therefore the Committee urges the Government to take the necessary measures to prohibit in law and practice discrimination in employment, occupation and training on all the grounds covered by the Convention, and requests the Government to indicate the measures taken to this end.

3. Articles 2 and 3. Formulation and implementation of national policy. The Committee noted in its previous comments that, while the establishment in the Constitution of the principle of equality of opportunity and treatment and the judicial protection of victims of discrimination represents an important stage in the implementation of this principle, they cannot on their own constitute a national policy within the meaning of Article 2 of the Convention. The implementation of a policy of equality of opportunity and treatment also presupposes the adoption of specific measures designed to correct inequalities observed in practice. Indeed, the promotion of equality of opportunity and treatment in employment and occupation as required by the Convention is not aimed at a stable situation which can be definitively attained, but at a permanent process in the course of which the national equality policy must continually be adjusted to the changes that it brings about in society. While the Convention leaves it to each country to intervene according to the methods which appear to be the most appropriate, taking into account national circumstances and customs, the effective application of the national policy of equality of opportunity and treatment requires the implementation of appropriate measures and programmes to promote equality and correct de facto inequalities which may exist in training, employment and conditions of work. The Committee once again requests the Government to take the necessary measures, as set out in Article 3(a), (b), (c), (d) and (e) of the Convention, inter alia, with a view to guaranteeing the effective application of the Convention.

4. Equality of opportunity and treatment of men and women. In its previous comments, the Committee noted from the concluding observations of the Committee on Economic, Social and Cultural Rights of 1 September 2000 (E/C.12/1/Add.48) that the Public Order Act of 1996 provides for the flagellation or lashing of women for wearing allegedly indecent dress or for being out in the street after dusk, which in practice seriously limits the freedom of movement of women. The Committee previously has expressed concern about this treatment and it once again emphasizes that it may have a very negative impact on the training and employment of women. The Committee notes the Government’s statement that the Public Order Act of 1996 does not contain any provision restricting the freedom of movement of women nor penalties on this matter. The Committee requests the Government to provide a copy of this Act in its next report, so that it can be reassured that the Public Order Act does not contain any provision that violates the principle of equality of treatment and opportunity for men and women with regard to jobs of their own choosing, through restricting the freedom of movement of women.

5. Article 3(c). Equality of access to training and jobs. The Committee notes with regret that the Government has not replied to the question that it raised in previous comments concerning the impact of the Passports and Immigration Act, 1970, which, among other things, requires the approval of the husband or guardian for women who wish to travel abroad. Since travel abroad may prove to be necessary in the context of training or a job, the Committee once again asks the Government to indicate whether a woman still must obtain the approval of her husband or guardian when she must travel abroad for professional or educational reasons.

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