Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Absence of conditions to ensure protection against discrimination in employment and occupation. For a number of years, the Committee has been expressing serious concern at the human rights situation in the country, in particular in Darfur. In its previous comments, the Committee expressed its profound regret at the Government’s persistent general statements that no discrimination exists in Sudan. It urged the Government to take immediate measures to ensure that all population groups in Darfur, including the Fur, Maasaalit and Zaghawa tribes, could exercise their occupations free from discrimination, irrespective of ethnic origin or political opinion, and that the right to non-discrimination for all population groups, including the establishment of adequate and effective dispute resolution and complaints mechanisms, was effectively enforced.

The Committee notes the Government’s acknowledgement in its report that there is no society without discrimination and therefore continued measures are required to eliminate it. The Government further indicates that it is planning to undertake consultations with the social partners and other parties concerned in order to determine whether discrimination in employment and occupation exists in Darfur and, if so, how to eliminate it, including through the establishment of a conflict resolution mechanism, a national human rights commissioner and a human rights commissioner in southern Sudan.

The Committee however is deeply concerned that, according to the report of the Independent Expert on the situation of human rights in the Sudan for the period May–August 2010, the general human rights situation in the country has deteriorated, including due to a pattern of political repression with severe restrictions on political and civil rights. Furthermore, in Darfur, inter-communal conflicts intensified, resulting in large numbers of casualties and significant population displacement, and women and young girls continued to experience gender and sexual-based violence. The Independent Expert also pointed out the existence of widespread human rights abuses, inter-communal conflicts and the weakness of the judicial system, resulting in widespread impunity in southern Sudan (A/HRC/15/CRP.1). The Committee notes that in southern Sudan, according to the Independent Expert’s statement following his first visit in 2010, human rights commissioners have been appointed and the Human Rights Commission is fully functional. In November 2010, the Southern Sudan Human Rights Commission emphasized the need to put in place effective mechanisms to address human rights issues, particularly those associated with gender rights, and urged the relevant institutions, civil society and the media to assist the Commission in educating the public to defend human rights and to monitor compliance thereof.

Deeply concerned by the worsening of the human rights situation throughout the country, particularly in Darfur, the Committee once again urges the Government to take immediate measures to create the necessary conditions to ensure effective protection against discrimination for all members of the population, including the Fur, Maasaalit and Zaghawa tribes, with respect to the exercise of their occupations without distinction based on any of the grounds set out in the Convention, as well as measures to reinforce the capacities of the judicial and supervisory authorities. In this respect, the Committee further urges the Government to ensure the establishment and effective functioning of the National Commission of Human Rights, and to provide information on its action and on the measures taken by the Southern Sudan Human Rights Commission that give effect to the provisions of the Convention. Finally, the Committee asks the Government to provide detailed information on the consultations to be held with workers’ and employers’ organizations to assess the extent to which discrimination occurs in employment and occupation and on any conclusions reached and follow-up action taken.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. In its previous comments, the Committee recalled that article 31 of the Interim Constitution of the Republic of Sudan 2005 provided for equal protection under the law for all persons without discrimination based on the grounds set out in the Convention, except social origin. It also recalled the absence of a provision in the 1997 Labour Code of the Republic of Sudan explicitly prohibiting discrimination on the grounds set out in the Convention with respect to all aspects of employment and occupation, whereas such a provision was included in the Southern Sudan draft Labour Act (section 10(1) and (2)). Noting that the Government reiterates its statement that it will take into account the Committee’s comments when revising the Interim Constitution 2005 and the Labour Code of 1997, the Committee once again requests that concrete steps be taken to insert provisions in the final Constitution and the Labour Code in order to ensure that all workers are protected against discrimination based on all the grounds set out in the Convention and with respect to all aspects of employment, including vocational training, access to employment and to particular occupations, and terms and conditions of employment. Please also provide information with respect to the adoption of the Southern Sudan draft Labour Act.

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