Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Minimum Age Convention, 1973 (No. 138) - Sudan (Ratification: 2003)

The Committee notes the Government’s first report. It requests the Government to provide further information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application of the Convention.  1. The Committee notes that section 3 of the Labour Act of 1997 exempts the following categories from its application: (i) domestic servants (section 3(f)); (ii) agricultural workers other than persons employed in the operation, repair or maintenance of mechanical appliances and devices, and other than persons employed in factories, ginneries, dairy factories production and similar establishments in which agricultural products are manufactured or prepared for marketing and other than persons employed in the administration of agricultural business or doing clerical accounting, stores, gardens and poultry work (section 3(g)); (iii) members of the family of the business owner residing with him and wholly or to a great extent depending on him (section 3(h)); (iv) temporary workers (section 3(i)); (v) any category of persons, to be declared by the Council of Ministers by an order made thereby, to be exempted totally or partially from the application of the provisions of this Act (section 3(j)). It notes the Government’s statement that there are no exceptions in the law for specific categories of employment or work according to Article 4, paragraph 1, of the Convention. The Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, including agricultural, domestic and family work, whether or not a contractual relationship exists and whether or not the work is remunerated. The Committee accordingly requests the Government to provide information on the manner in which the protection of the Convention is ensured to children who work as domestic servants; agricultural workers (others than those listed in section 3(g) of the Labour Act); workers in family enterprises; and temporary workers. The Committee also requests the Government to indicate whether other categories of work have been excluded from the application of the Labour Act pursuant to section 3(j) of this Act.

2. Minimum age for admission to employment or work. The Committee notes that, at the time of ratifying the Convention, Sudan declared 14 years as the minimum age for admission to employment or work. It notes, however, that subsection (4) of section 21 of the Labour Act states that children under 12 years of age shall not be employed with the exception of: state vocational schools; training workshops for non-profit purposes; family enterprises; workers under an apprenticeship contract. Subsection (5) of section 21 states that the Minister or whoever he may delegate may refuse the employment of children under the age of 15 years in such industries and enterprises as he may specify by a resolution thereof. Subsection (6) of section 21 states that, subject to the provisions of subsection (5), children under 15 years of age shall not be employed unless they have a guardian who resides with them in the place of work, and the contract with the child shall not be binding on him unless his guardian has approved his employment and presented to his employer what proves his guardianship on the child, his residence in the work area and his address. The Committee observes that, according to subsections (4) and (6) of section 21, children between 12 and 15 years of age  are in principle allowed to perform work. The Committee reminds the Government that, upon ratifying the Convention, it declared 14 years to be the minimum age for admission to employment and that, by virtue of Article 2, paragraphs 1 and 4, of the Convention, children under 14 years are not allowed to work; the only derogation possible is for light work which may be carried out by children between the ages of 12 and 14 years under the conditions provided for by Article 7 of the Convention. The Committee consequently requests the Government to take the necessary steps to bring the relevant provisions of the Labour Act into line with the Convention in order to ensure that no child under 14 years is admitted to perform any kind of work other than light work. The Committee also requests the Government to indicate whether the Minister has determined industries and enterprises where children under 15 years of age may not be employed, pursuant to subsection (5) of section 21.

Article 2, paragraph 3. Compulsory education. The Committee notes the Government’s information that article 13(1) of the Constitution specifies that the State provides for free and compulsory education at the primary level. The Committee observes the information contained in the Government’s report to the Committee on the Rights of the Child of 6 December 2001 (CRC/C/65/Add.17, paragraph 34) that the Public Education Act provides for continuation of the basic stage for eight years. In principle, primary-school enrolment takes place at the age of 6. Compulsory education ends at the age of 14 years for pupils admitted at 6 years of age and at the age of 16 years for pupils admitted at 8 years of age. However, the Committee notes that, according to the UNICEF Multiple Indicator Cluster Survey of 2000, approximately half of school age children attended primary school. There were wide disparities among states and some gender disparities especially in the eastern and western regions (for example, enrolment was 72 per cent in Khartoum state and only 22 per cent in South Darfur state). Although there was little data on enrolment rates, it was estimated that the vast majority of school age children of internally displaced persons (IDPs), were not receiving an education because of inadequate facilities or because they could not afford the fees. Nomadic groups also were disadvantaged. The Committee is of the view that compulsory education is one of the most effective means of combating child labour. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to increase school attendance and reduce school drop-out rates so as to prevent the engagement of these children in child labour. It also requests the Government to provide information on school enrolment and attendance rates.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes the Government’s information that the Labour Act defines a “child” as a person under 16 years of age. It notes that subsection (1) of section 21 of the Labour Act states that no child (i.e. no person under 16 years of age ) shall be employed in a list of eight types of hazardous work. Subsection (2) of section 21 further provides that, subject to the above provisions, children (i.e. under 16 years ) shall not be employed in industries and dangerous works which are injurious to health or those which require physical effort, or in works and jobs which are injurious to their morals. Subsection (3) of section 21 establishes that children shall not be employed at night between 8 pm and 6 am. The Committee observes that the minimum age of 16 years contained in subsection (1) of section 21 to perform hazardous work is not in conformity with the Convention. In this regard, the Committee reminds the Government that, under Article 3, paragraph 1, of the Convention, no person under 18 years of age may perform any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize his/her health, safety or morals. Accordingly, in the framework of the reform of the Labour Act, the Committee urges the Government to take the necessary measures to amend the relevant provisions of the Labour Act in order to ensure that no person under 18 years of age is authorized to perform types of hazardous work, in accordance with Article 3, paragraph 1, of the Convention.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes that subsection (1) of section 21 states that the following types of hazardous work are prohibited to children under 16 year : (a) carrying heavy weights; (b) steam boilers and pressure receptacles; (c) blast furnaces and foundries; (d) work done underground or underwater and work in mines or quarries; (e) work in the composition of lead and its compounds; (f) work in which workers are exposed to poisonous or injurious materials whether organic or inorganic such as lead, mercury, cyanide, calcium, petroleum and its compounds; (g) radiation work and ionizing radiation; (h) maintenance of machinery and belts thereof. It also notes that subsection (2) of section 21 states that the Minister or any other person delegated by the Minister shall specify certain works and jobs which are injurious to the health and morals of children. The Committee also notes that, according to the Government, a tripartite committee was set up, in order to prepare a list of hazardous and prohibited tasks in which the employment of children is prohibited. The Committee takes note of the comprehensive draft list, in process to be approved, supplied by the Government. This list contains about 55 occupations or industries prohibited for children under 18 and 17 years, including lifting or pulling weights; construction work; underground work in mines and quarries. The Committee requests the Government to provide a copy of this list, as soon as it has been approved.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee notes that the draft list of types of hazardous work supplied by the Government contains some types of hazardous work which can be performed by children aged 17 years. In this regard the Committee recalls that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of types of hazardous work by young persons between 16 and 18 years of age on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government, in the framework of the adoption of the list of types of hazardous work, to provide information on the measures adopted to ensure that the performance of types of hazardous work by persons between 16 and 18 years of age is only authorized in accordance with the requirements of Article 3, paragraph 3, of the Convention.

 Article 6. Vocational training and apprenticeship. The Committee notes the Government’s information that subsection (4) of section 21 of the Labour Act states that children under 12 years of age shall not be employed with the exception of: (i) state vocational schools; (ii) training workshops for non-profit purposes; (iii) apprenticeship contracts. The Committee observes that, according to this provision, children between 12 and 14 years of age are allowed to take part in apprenticeship programmes. In this regard, the Committee reminds the Government that Article 6 of the Convention fixes a minimum age of 14 years for work done in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee consequently requests the Government to take the necessary steps to bring the relevant provisions of the Labour Act into line with the Convention in order to ensure that no child under 14 years undertakes an apprenticeship programme.

Article 7. Light work. The Committee notes the Government’s information that there is nothing in Sudanese legislation that allows children to benefit from the exceptions authorized by this Article and that, in practice, there are no light work activities that are undertaken. The Committee nonetheless observes that, according to the ILO Economically Active Population Survey, 1997, it appears that quite a number of children under 14 years are economically active in some way or another. It also notes that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.190, 9 October 2002; paragraphs 63 and 63), expressed its concern at the situation of many children, including children under 15 years, who regularly work and bear heavy responsibilities within the family as well as at the intensity of work demands placed upon children, which prevents many of them from attending school. The Committee recalls that Article 7, paragraphs 1 and 4, of the Convention provides that national laws or regulations may permit children from the age of 12 years to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons of 12 years or more.

Article 9, paragraph 1.  Penalties. The Committee notes the Government’s information that section 126(2) of the Labour Act stipulates that any contravention of the implementation of any of the provisions of this Act or the provisions of any order or regulations or rules made thereunder, shall be deemed an offence. Such offence is punishable with imprisonment for a term not exceeding six months or with a fine or with both. In case of repetition of the contravention the fine may be doubled. The Committee takes due note of this information.

Article 9, paragraph 3. Keeping of registers by employers  The Committee notes the Government’s information that section 24 of the Labour Act requires employers to fix in a conspicuous place in the workplace a copy of the regulations concerning the employment of children provided for in this Act, and a list showing the hours of work and rest periods. It notes, however, that the relevant legislation does not provide for registers to be kept by the employer containing the names and ages of persons who work with him/her and who are less than 18 years of age. The Committee recalls that Article 9, paragraph 3, of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents which shall be kept and made available by the employer, and establishes that such registers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee therefore requests the Government to take the necessary measures to ensure that every employer, regardless of the number of persons he/she employs, keeps a register indicating the name and age or date of birth, duly certified whenever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age.

Parts III and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that efforts are being deployed to strengthen the labour inspectorate at the central and provincial levels, which include child labour inspections and training of inspectors. However, there are obstacles such as the weak labour inspectorate, and the lack of financial resources to carry out the necessary research, studies and statistics. The Committee also notes that, according to the information available at the Office, child labour is a serious problem in Sudan. Young children work in factories, and severe poverty has produced widespread child labour in the informal sector and rural farming economy. Child labour exists particularly in the Sudan People’s Liberation Movement/army areas, particularly in the agricultural sectors.

The Committee expresses its concern at the situation described above. It requests the Government to provide information on the measures taken to give labour inspectors the means to ensure effective supervision of the provision of this Convention. It also invites the Government to continue to provide information on the manner in which the Convention is applied in Sudan and any practical difficulties encountered in the application of the Convention, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children.

The Committee notes the Government’s information that official meetings were held in August 2004 and November 2004 between government officials and ILO/IPEC to provide assistance with Conventions Nos. 138 and 182. It also notes the Government’s information under Convention No. 81 that the Labour Act is being revised. The Committee strongly encourages the Government to redouble its efforts to ensure that, during its review of the Labour Act of 1997, the tripartite committee will take into consideration the Committee’s detailed comments on the discrepancies between national legislation and the Convention.