Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 1(a) and (d) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views and for having participated in strikes. For a number of years, the Committee has been referring to certain provisions of the Criminal Act and the Labour Code, under which 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 in circumstances falling within the scope of the Convention.

The Committee previously noted the adoption of the Interim National Constitution of 2005, which contains the Bill of Rights promoting the human rights and fundamental freedoms. The Committee also noted the Government’s indication in its previous report that a draft Labour Law had been finalized and prepared for submission to the competent authorities for adoption. The Government indicates in its latest report that the Sudanese Parliament is engaged at present in revising the whole body of the Sudanese legislation in order to bring it into conformity with the spirit and the letter of the Comprehensive Peace Agreement and the Interim National Constitution. It also indicates that, should any law or practice be contrary to the spirit of ratified Conventions and the National Constitution, the latter shall constitute the reference to be consulted, while continuous and sustained efforts shall be made to amend such law or abolish such practice.

The Committee notes a report of the Special Rapporteur on the situation of human rights in the Sudan (A/HRC/11/14, June 2009), in which the Special Rapporteur expressed concern about reform of the Criminal Act, the Criminal Procedures Act and the Press and Printed Materials Bill and urged the Government to guarantee their full compatibility with Sudan’s international human rights obligations, the Interim National Constitution and the Comprehensive Peace Agreement. Thus, the Special Rapporteur noted that one of the amendments to the 1991 Criminal Procedures Act, passed by the National Assembly on 20 May 2009, gives powers to State Governors or Commissioners to issue orders prohibiting or restricting the organization of public meetings, which is not in conformity with the guarantees of freedom of assembly and association enshrined in the Interim National Constitution and the Comprehensive Peace Agreement.

The Committee also takes note of the situation regarding human rights in the Sudan as described in the report of the Special Rapporteur on the situation of human rights in the Sudan referred to above, in which the Special Rapporteur observed that, despite some positive steps in the area of law reform, improvement of the human rights situation on the ground continues to remain a significant challenge, particularly in Darfur, where human rights violations and breaches of international humanitarian law continued to be committed by all parties, but also in other parts of the country. The Special Rapporteur recommended, in particular, that the Government should ensure that human rights defenders, humanitarian workers, parliamentarians, members of political opposition, journalists and other civil society members were not arbitrarily detained or ill-treated by State agents on account of their work, opinions or peaceful assembly.

The Committee hopes that, as a result of the legislative reform, the national criminal and labour legislation will be brought into conformity with the Convention and asks the Government to keep the ILO informed about the progress made in this regard and to supply a copy of the new legislative acts, as soon as they are adopted. The Committee observes the importance for the effective respect of the Convention of the legal guarantees regarding freedom of assembly, expression, demonstration and association; it expresses the firm hope that the Government will take urgent measures, in accordance with the recommendations of the relevant international bodies and agencies, to put an end to all human rights violations, which would help to create better conditions for the full observance of the forced labour Conventions.

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