Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Sudan (Ratification: 2003)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery and practices similar to slavery. 1. Abduction and the exaction of forced labour. The Committee previously noted the various legal provisions in Sudan which prohibit the forced labour of children (and abductions for that purpose), including article 30(1) of the Constitution of the Transitional Sudan Republic of 2005, section 32 of the Child Act of 2004, and section 312 of the Penal Code. The Committee also noted, in its previous comments under the Forced Labour Convention, 1930 (No. 29), the International Trade Union Confederation’s (ITUC) allegations regarding cases of abduction of women and children by the Janjaweed militia, including some cases of sexual slavery. The Committee further noted the information contained in the ITUC’s 2005 communication that the signing of a Comprehensive Peace Agreement (CPA) in January 2005 (and the adoption of the interim Constitution) provided a historic opportunity for the new Government of Sudan to resolve the problem of abductions, but that this would not automatically lead to an end of abductions and the exaction of forced labour. In this regard, the Committee noted, in 2009, that, according to the Report of Activities of the Committee for the Eradication of Abduction of Women and Children (CEAWC), submitted with the Government’s report, that the CEAWC had successfully identified and resolved 11,237 of the 14,000 cases of abduction and reunified 3,398 abductees with their families. However, it noted the information from the Secretary-General of the United Nations (UN), in a Security Council report on Children and Armed Conflict in the Sudan, of 10 February 2009, that there had been many instances of child abductions reported in southern Sudan and Darfur in 2007, as well as continuing concerns about incidents of abductions in 2008 (S/2009/84, paragraphs 35–37).

The Committee notes that the Conference Committee, in its conclusions adopted in June 2010 on the application of Convention No. 29 by Sudan, observed that there was no up-to-date information available on the activities of the CEAWC with regard to the number of victims identified or reunited with their families since 2008. In addition, the Committee refers to its comments under Convention No. 29 in 2010, where the Committee noted the Government’s repeated statement that abductions have stopped completely, but observed with concern that this statement is in contradiction with other reliable sources of information.

The Committee notes that the Committee on the Rights of the Child (CRC) in its concluding observations of 10 October 2010, expressed concern over the abduction of children for the purpose of forced labour (CRC/C/SDN/CO/3–4, paragraph 78). The Committee also notes the information in the UN Secretary General’s Security Council report on children and armed conflict in Sudan of 5 July 2011 that while, within the three states of Darfur, allegations of the abduction of children have declined, there remain reports of this practice. Moreover, the Committee notes the information in the 13th periodic report of the UN High Commissioner for Human Rights on the situation of human rights in Sudan of August 2011 that the Human Rights Component of the UN Mission in Sudan continued to receive reports of abductions, including of children (paragraphs 30 and 31). The Committee must once again observe that, while there appear to have been tangible steps to combat the forced labour of children, including the decline of reported abductions of children in the Darfur region, there is no verifiable evidence that the forced labour of children has been eradicated. Therefore, although the national legislation appears to prohibit abductions and the exaction of forced labour, these practices remain an issue of concern. In this regard, the Committee once again reminds the Government that, by virtue of Article 3(a) of the Convention, forced labour is considered to be one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It strongly urges the Government to strengthen its efforts to improve the situation and to take effective and time-bound measures to eradicate abductions and the exaction of forced labour from children under 18 years, as a matter of urgency. It also requests the Government to provide information on the measures taken to remove children from situations of abduction and forced labour and to provide for their rehabilitation and social integration, and to continue providing information on the results achieved.

2. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that the Government armed forces, including the paramilitary Popular Defence Forces (PDF), the Government-backed militias, the Sudan People’s Liberation Army (SPLA) and other armed groups, including tribal groups not allied to government or armed opposition groups, had forcibly recruited child soldiers in the north and the south of Sudan. The Committee observed that recruitment took place predominantly in Western and Southern Upper Nile, Eastern Equatoria and the Nuba Mountains, and that by 2004, an estimated 17,000 children remained in the government, SPLA and militia forces. However, the Committee noted that section 9(24) of the Sixth Protocol of the CPA of 2005 requires “the demobilization of all child soldiers in the span of six months as from the date on which the Comprehensive Peace Agreement is signed”. Section 9(1)(10) of the Protocol considers the conscription of children a violation of the provisions of the Agreement. The Committee also noted that the Sudan Armed Forces Act was adopted in December 2007, which fixes the minimum age of recruitment at 18 years and criminalizes the recruitment of anyone under 18. Nonetheless, the Committee noted that the UN Secretary General in his report on children and armed conflict in the Sudan of 10 February 2009, indicated that UN field monitors reported, inter alia, the recruitment and use of children by the SPLA, the presence of 55 uniformed children aged 14 to 16 years among Sudan Armed Force (SAF) and the recruitment and use of 487 children by various armed forces and groups operating in all three Darfur states (S/2009/84, paragraphs 9–17). The Committee, therefore, urged the Government to take immediate measures to end, in practice, the forcible recruitment of children into armed forces.

The Committee notes that section 43 of the Child Act of 2010, adopted in February 2010, prohibits the enlistment, appointment or employment of children in armed conflicts, in armed groups or their employment in armed operations. However, the Committee notes with concern an absence of information in the Government’s report on measures taken to apply this provision, or the provisions of the Sudan Armed Forces Act with regard to the forcible recruitment of children in armed conflict.

The Committee notes the statement in the UN Secretary-General’s report on children and armed conflict in Sudan of 5 July 2011, that the recruitment and use of children by SPLA was verified in the three transitional areas (Abyei, Southern Kordofan and Blue Nile States) during the period covered by this report (between January 2009 to February 2011), including approximately 800 children observed at the SPLA division headquarters in Samari, Blue Nile State (S/2011/413, paragraph 15). This report also indicates that, over the same period, 501 children (including six girls) were verified as being associated with at least ten armed forces and armed groups in Darfur (S/2011/413, paragraph 17). This report indicates that this represents a decline in the number of children associated with armed groups in Darfur, which may be partially due to ongoing intense advocacy with the armed forces and armed groups to raise awareness, resulting in commitments to end the recruitment and use of child soldiers. However, this report also indicates that the monitoring of the recruitment of children in armed groups continued to be seriously hampered by difficulties related to security, access to non-Government-controlled areas and movement restrictions imposed by the Government (S/2011/413, paragraph 17).

While noting the apparent decline of the number of children associated with armed groups in the Darfur region, the Committee must once again express its concern that children are still being recruited and forced to join illegal armed groups or the national armed forces in practice. It expresses its serious concern with regard to the persistence of this practice, especially as it leads to other violations of the rights of children, in the form of abductions, murders and sexual violence. In this regard, the Committee refers to the UN Secretary-General’s call to the Government to take steps as a matter of urgency to address the continued presence of children in SAF and its associated forces (S/2011/413, paragraph 83). The Committee urges the Government to adopt, as a matter of urgency, immediate and effective measures, in collaboration with the UN bodies operating in the country, to put a stop in practice to the forced recruitment of children under 18 years of age by armed groups and the armed forces. It also urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of any persons, including members of the Government’s armed forces, who forcibly recruit children under 18 years for use in armed conflict, are carried out, and that sufficiently effective and dissuasive sanctions are imposed on offenders in practice. The Committee requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved.

Article 7(1). Forced labour. Penalties. The Committee previously noted that the Penal Code of 2003 and the Child Act of 2004 contained various provisions which provide for sufficiently effective and dissuasive penalties of imprisonment and fines for anyone who commits the offence of the forced labour of children. However, the Committee also noted the ITUC’s allegation that the impunity enjoyed by those responsible for abductions and the exaction of forced labour – illustrated by the absence of any prosecutions for abductions in the last 16 years – has been responsible for the continuation of this practice throughout the civil war and more recently in Darfur. In this regard, the Committee noted the Government’s statement of November 2005 that all of the tribes concerned, including the Dinka Chiefs Committee, have requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes are not successful, due to the following reasons: that legal action is very long and expensive; that it may threaten the life of young abductees; and that it will not build peace among the tribes concerned. The Committee considered that the lack of enforcement of the penal provisions prohibiting the forced labour of children under 18 years, while sometimes ensuring that victims are effectively retrieved, had the effect of ensuring impunity for perpetrators instead of punishing them. It requested the Government to take the necessary measures to ensure that sufficient penalties are applied to persons who engage children under 18 in forced labour, and to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

The Committee notes with concern an absence of information in the Government’s report on the application of the relevant penalties in practice. Referring to its comments made under Convention No. 29, the Committee notes the Government’s view that there is an argument for not pursuing prosecutions against those responsible for abductions and forced labour in the spirit of national reconciliation.

However, the Committee notes that the CRC, in its concluding observations of 10 October 2010, expressed concern at the de facto impunity enjoyed by perpetrators of the abduction of children for the purpose of forced labour (CRC/C/SDN/CO/3-4, paragraph 78). In this regard, referring to its comments made under Convention No. 29, the Committee reiterates that the failure to apply penal sanctions with respect to perpetrators of the forced labour of children is contrary to this Convention and may have the effect of creating an environment of impunity for abductors who exploit forced labour. The Committee once again reminds the Government that, by virtue of Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee once again requests the Government to take the necessary measures to ensure the protection of children under 18 years of age against abductions for the exaction of forced labour, including by ensuring that sufficiently effective and dissuasive penalties are imposed in practice on persons who commit this offence. It also requests the Government to provide information, in its next report on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied in this regard.

Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Child soldiers. The Committee previously noted that the UN Secretary-General, in his report on children and armed conflict in the Sudan of 10 February 2009, indicated that during the reporting period (1 August 2007 to 30 December 2008), almost 600 children formerly associated with armed forces and groups, under the CPA, as well as 12,000 other vulnerable children, were supported through reintegration programmes across the Sudan. It noted that the National Council for Disarmament, Demobilization and Reintegration (DDR) Coordination and the Northern Sudan DDR Commission were established by the CPA in February 2006, and that the reintegration of approximately 300 children had begun. However, although the CPA (signed in January 2005) had called for the immediate and unconditional release of all children from various fighting forces and groups within six months, the Secretary-General pointed out that children continued to be recruited and used by all parties to the conflict (S/2009/84, paragraphs 56–60).

The Committee notes that section 44 of the Child Act of 2010 provides that the competent body responsible for the demobilization and reintegration shall design programmes to help with the demobilizing of children in coordination with other bodies (military and security institutions, as well as armed groups), and endeavour to reintegrate these children socially and economically. The Committee also notes the Government’s indication that, through the Northern Sudan DDR Commission, efforts were deployed to provide psychological and social support as well as education and skills training to children. The Government indicates that several training programmes were organized for employees for the purpose of tracking children who were kidnapped and to ensure their reintegration. The Government also indicates that 78 specialists from the Ministry of Social Affairs and the Ministry of Education were trained on child protection, conflict resolution, social and psychological rehabilitation, as well as on the participation of community in the reintegration and rehabilitation process.

The Committee further notes the information in the UN Secretary-General’s report on children and armed conflict in Sudan of 5 July 2011 that, following consistent advocacy efforts by the UN, the first demobilization of 88 children from SPLA in Kurmuk, Blue Nile State, was carried out on 14 May 2009. This was followed by the demobilization of an additional 140 children by 30 December 2010 (S/2011/413, paragraph 22). This report also indicates that, from February 2009 to February 2011, the Northern Sudan DDR Commission, with the support of the UN, registered 1,041 former child soldiers in Darfur. However, this report also indicated cases involving the re-recruitment of children (S/2011/413, paragraph 20). In this regard, the report of the UN Secretary-General states that the re-recruitment of children who have been separated from armed forces or groups is a real risk that can be addressed only through the provision of support for the long-term reintegration of children (S/2011/413, paragraph 89). The Committee therefore strongly urges the Government to continue to continue to take, in collaboration with the UN, effective and time-bound measures to remove children from armed conflict and ensure their rehabilitation and social integration, with particular attention to children at risk of re-recruitment. In this regard, it requests the Government to supply information on the number of children under 18 years of age who have been removed from armed forces, rehabilitated and reintegrated into their communities as a result of the ongoing disarmament, demobilization and reintegration efforts.

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