Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forced Labour Convention, 1930 (No. 29) - Sudan (Ratification: 1957)
Protocol of 2014 to the Forced Labour Convention, 1930 - Sudan (Ratification: 2021)

Articles 1(1) and 2(1) of the Convention. Abolition of forced labour practices. For many years, the Committee noted the existence of the practices of abduction and forced labour exploitation, which affected thousands of women and children in regions of the country where an armed conflict was under way. The Committee repeatedly pointed out that such situations constituted gross violations of the Convention, since the victims are forced to perform work for which they have not offered themselves voluntarily, under extremely harsh conditions, and combined with ill treatment which may include torture and death.

The Committee also recalled that this case had been discussed on numerous occasions by the Conference Committee on the Application of Standards. In its conclusions adopted in June 2010, the Conference Committee noted the Government’s efforts to improve the human rights situation in the country and that steps had been taken towards the full implementation of the Comprehensive Peace Agreement of 2005. However, the Conference Committee observed that there was no verifiable evidence that forced labour had been completely eradicated in practice and that there were no up-to-date statistics concerning the activities of the Committee for the Eradication of Abduction of Women and Children (CEAWC) showing the number of cases of identification of victims and reunification with their families. The Committee of Experts subsequently noted the report of the independent expert on the situation of human rights in the Sudan (A/HRC/15/CRP.1) for the period from 1 May to 31 August 2010 indicating that while the Government continued to take steps towards democratic transformation, the general human rights situation in Sudan had deteriorated. The Committee further noted the allegations from the International Trade Union Confederation (ITUC) of August 2010 that there continued to be serious problems with forced labour as well as compensation for victims of forced labour. The ITUC indicated that the practice of abduction and forced labour exploitation was still in place affecting thousands of women and children in armed conflict areas.

In this regard, the Committee noted the Government’s statement that it was committed to completely eradicating the phenomenon of abductions and to providing continued support to the CEAWC. Moreover, the Government stated that abductions had stopped, and that this fact had been confirmed by the Dinka Chiefs Committee (DCC). However, the Committee noted that this statement was in contradiction with other reliable sources of information, including from United Nations bodies, the representative organizations of workers and non-governmental organizations. Therefore, while noting the Government’s renewed commitment to resolving the problem, the Committee urged the Government to redouble its efforts in order to completely eradicate forced labour practices. It expressed the firm hope that the Government would continue to provide detailed information on the liberation and reunification process, supplying updated and reliable statistics supported by CEAWC reports.

The Committee notes the Government’s statement in its report of November 2011 that it is fully committed to the implementation of ILO Conventions. The Government states that it has adopted dialogue as the approach to resolving conflicts within the country. In this regard, the Committee notes the Government’s description of developments relating to the cessation of hostilities in the country, such as the continued implementation of the Comprehensive Peace Agreement of 2005, the referendum and subsequent secession of southern Sudan to create South Sudan, the signing of an agreement in the east of the country which ended the armed conflict in this part of the country and the signing of the Doha Document for Peace in Darfur between the Government and 20 armed movements in the region. With regard to cases of abduction, the Government indicates that psychological and social support, education and training opportunities on skills were provided, and that training programmes were organized for 78 social workers with regard to the tracking of children and family reunion. The Committee also notes the Government’s statement that the majority of abduction cases which were recorded in the past occurred among tribes in the regions where there was an armed conflict, including the area which is now South Sudan, or in the regions subject to joint administration. In this regard, the Committee observes the information from various United Nations documents indicating that hostilities and accompanying human rights violations, including abductions, continue in parts of Sudan, particularly in Darfur and in Southern Kordofan.

With regard to Darfur, the Committee notes the information in the report of the Secretary-General on the African Union-United Nations Hybrid Operation in Darfur (UNAMID) of 17 April 2012 that the signatory parties to the Doha Document for Peace in Darfur continued to work towards the implementation of its provisions. However, this report indicates that, between December 2011 and April 2012, clashes between Government and movement forces occurred sporadically, particularly in Northern and Central Darfur (S/2012/231, paragraphs 3 and 18). This report indicates that the human rights situation in Darfur deteriorated during this period, and ten incidents of kidnappings involving local residents were reported (paragraphs 29 and 40). Moreover, this report indicates that UNAMID documented three cases of abductions (paragraph 43). In addition, referring to its comments made under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee observes that according to the report of the Secretary-General on children and armed conflict of 26 April 2012, the country task forces on monitoring and reporting documented 45 cases of recruitment and use of children for armed conflict in Darfur in 2011, the majority of these incidents taking place in Government-controlled areas (A/66/782, paragraph 109).

With regard to Southern Kordofan, the Committee notes the information in the 13th periodic report of the United Nations High Commissioner for Human Rights on the situation of human rights in the Sudan entitled “Preliminary report on violations of international human rights and humanitarian law in Southern Kordofan from 5 to 30 June 2011” that the Human Rights Component of the United Nations Mission to Sudan received several reports of alleged abductions or disappearances of people in the region. This report indicates that while precise figures are unknown, the victims were reportedly suspected supporters and affiliates of the Sudan People’s Liberation Movement/Army (paragraph 30). Moreover, with regard to the Abyei area, the Committee notes that the information from the report of the Secretary-General on the situation in Abyei of 24 March 2012 that the security situation remained tense and highly unpredictable owing to the continued presence of unauthorized armed forces in the area and that significant concern remained regarding the protection of civilians in Abyei (S/2012/358, paragraphs 2 and 23). This report also indicates that there had been no further developments with regard to the operationalization of human rights monitoring in the Abyei area (paragraph 24). Lastly, referring to the application of Convention No. 182, the Committee notes that according to the report of the Secretary-General on children and armed conflict of 26 April 2012, cases of recruitment and use of children in armed conflict significantly increased in Abyei, Blue Nile and Southern Kordofan in 2011, including allegations of abductions of children with the aim of forcefully recruiting them (A/66/782, paragraph 114).

The Committee therefore urges the Government to redouble its efforts in order to ensure the complete eradication of any forced labour practices in the country and, in particular, to ensure the resolution of all cases of abductions in the country and to ensure the victims’ right to be reunified with their families. Furthermore, the Committee urges the Government to strengthen its efforts to guarantee a climate of stability and legal security in which recourse to forced labour cannot be legitimized or go unpunished. In this regard, the Committee reiterates the need for the Government to take urgent measures, in accordance with the recommendations of the relevant international bodies and agencies, to put an end to all human rights violations and impunity, which would help to ensure the full observance of the Convention. Lastly, noting the Government’s request for the technical assistance of the ILO, the Committee hopes that the Government will take all the necessary measures, with the Office’s assistance, in order to ensure full compliance with the Convention, both in law and in practice, and that the Government will provide, in its next report, information on the progress made in this regard.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee previously noted the Criminal Code provisions punishing the offence of abduction with penalties of imprisonment. However, the Committee also noted the Government’s repeated indication in its reports that the CEAWC, which was initially of the view that legal action was the best measure to eradicate the abductions, had been requested by all the tribes concerned, including the DCC, not to resort to legal action, unless the amicable efforts of the tribes were not successful. The Government stated that within the context of the comprehensive peace process, an argument could be made for not pursuing prosecutions against those responsible for abductions and forced labour in the spirit of national reconciliation. Moreover, the Committee noted the Government’s statement to the Conference Committee in June 2010 that bringing perpetrators to justice would have a negative impact on helping people return or settle.

However, the Committee noted that the United Nations Security Council Resolution No. 1881 (2009) emphasized the need to bring to justice the perpetrators of human rights violations and urged the Government of Sudan to comply with its obligations in this respect. The Committee also noted that the report of the Special Rapporteur on the situation of human rights in the Sudan (A/HRC/11/14, June 2009) reiterated the recommendation that all allegations of violations of human rights and international humanitarian law be duly investigated and that perpetrators be promptly brought to justice (paragraph 92(d)). Moreover, the Committee subsequently took note of the report of the independent expert on the situation of human rights in Sudan (A/HRC/15/CRP.1) for the period from 1 May to 31 August 2010 which recommended that the Government “ensure that all allegations of violations of human rights and international humanitarian law are duly investigated and that the perpetrators are brought to justice promptly, in particular those with command responsibilities”. The Committee further noted that the Conference Committee on the Application of Standards, in June 2010, noted with concern that there was a lack of accountability of perpetrators and strongly urged the Government to pursue its efforts, including through the CEAWC, to ensure the full application of the Convention, both in law and in practice. In addition, the Committee noted the allegations of the ITUC that the Government continued to refuse to punish forced labour offenders, insisting that such cases would be settled through the traditional community chief mediation process. In this regard, the ITUC indicated that there was no documented evidence of such an informal community mediation process having yielded positive results. The ITUC considered that the Government should strengthen the work of the CEAWC in terms of prosecution of perpetrators of abduction and forced labour, as a number of perpetrators remained unwilling to cooperate.

The Committee notes the Government’s statement in its most recent report that in 2010 the Advisory Council for Human Rights was entrusted to follow-up on the issue of women and children’s abduction, and that this was carried out by the CEAWC. The Government states that the cases of abduction which occurred outside of the region that is now South Sudan or the jointly administered territories were resolved through direct contacts through a joint committee made up of the Government and UNICEF. The Government also indicates that, at present, gathering statistics on this topic is not possible.

The Committee notes with regret the lack of up-to-date information on any investigations and prosecutions related to abductions and forced labour in the country or on the activities of the CEAWC. However, with regard to the situation in Darfur, the Committee notes that, according to the information in the report of the Secretary-General on UNAMID of 17 April 2012, the Sudanese Minister of Justice issued a decree in January 2012 to appoint the Prosecutor for the Special Court for Darfur, with jurisdiction over gross violations of human rights and serious violations of international humanitarian laws since 2003 (S/2012/231, paragraph 83). The Committee also notes that the 13th periodic report of the United Nations High Commissioner for Human Rights on the situation of human rights in the Sudan entitled “Preliminary report on violations of international human rights and humanitarian law in Southern Kordofan” of August 2011 recommends that an independent, thorough and objective inquiry be conducted into alleged violations of international human rights and humanitarian law that occurred during the hostilities of Southern Kordofan, with a view to holding perpetrators accountable. This report recommends that immunities for members of the military and security forces be lifted to allow for prosecutions in compliance with due process and fair trial standards (page 12).

The Committee once again recalls in this connection that, under Article 25 of the Convention, “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced”. The Committee therefore considers that the failure to apply penal sanctions in respect of perpetrators is contrary to this provision of the Convention and may have the effect of creating an environment of impunity for abductors who exploit forced labour. The Committee therefore once again urges the Government to take the necessary measures to ensure that legal proceedings are instituted against perpetrators of abductions and that penal sanctions be imposed on persons convicted of having exacted forced labour, as required by the Convention. In this regard, the Committee requests the Government to provide information on measures taken through the CEAWC and the Special Court for Darfur regarding abductions related to the exaction of forced labour. The Committee also requests the Government to take the necessary measures to ensure that information is made available on the application in practice of the penal provision punishing the offence of abduction, as well as the provisions punishing kidnapping and the exaction of forced labour (sections 161, 162 and 163 of the Criminal Code), including the number of investigations, prosecutions, convictions and penalties imposed.