Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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. The Committee notes the Government’s statement that it is concerned over the increase in cases of abduction, recruitment and exploitation of children by certain armed movements and groups. It affirms the need for more serious measures to be taken within the framework of the efforts of the international community against the armed movements that abduct, recruit and exploit children. It also notes the Government indication that it has concluded a number of agreements with the State of South Sudan with a view to securing the borders between the two States, in order to protect civilians, particularly children.

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 2005, section 32 of the Child Act of 2004, and section 312 of the Penal Code. However, the Committee also noted the allegations of the International Trade Union Confederation (ITUC) regarding cases of abduction of women and children by the Janjaweed militia. The ITUC indicated 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. In 2009, the Committee noted that according to the Report of Activities of the Committee for the Eradication of Abduction of Women and Children (CEAWC), submitted by the Government, 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, the Committee noted that the ILO Conference Committee on the Application of Standards, in its conclusions adopted in June 2010 on the application of the Forced Labour Convention, 1930 (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 noted 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 UN Secretary-General’s Security Council report on children and armed conflict in Sudan of 5 July 2011 indicated that while within the three states of Darfur, allegations of the abduction of children had declined, there remained reports of this practice. In addition, the 13th periodic report of the UN High Commissioner for Human Rights on the situation of human rights in Sudan of August 2011 stated that the Human Rights Component of the UN Mission in Sudan continued to receive reports of abductions, including of children (S/2011/413, paragraphs 30–31).

The Committee notes the Government’s statement that cases of abduction and forced labour which were a direct by-product of the civil war and ancient long-standing tribal practices, particularly in the southwest Sudan, have been brought to an end. The Government indicates that this is confirmed by the working group formed by the Chairman of the Advisory Council on Human Rights, which reported that specific regions have not had any abductions since the declaration of the new State of South Sudan. However, the Committee also notes the Government’s statement in its report that it is concerned over the increases in cases of abduction by armed movements such as the Popular Movement in the Northern sector (SPLMN-N) and the Justice and Equality Movement (JEM) and that stronger measures need to be taken against such groups.

The Committee notes that the Working Group on Children and Armed Conflict, in its conclusions on children and armed conflict in the Sudan of 11 October 2012, noted a decrease in cases of abduction of children in Darfur. The Committee also notes that according to the report of the Secretary-General on children and armed conflict of 26 April 2012, there were allegations of abductions of children in Abyei, Blue Nile and South Kordofan in 2011, (A/66/782, paragraph 114). In this regard, it notes the Government’s statement that the Minister of Justice has formed a fact-finding committee to investigate instances of the abduction of children in South Kordofan, in accordance with Decision No. 11 of 2012.

The Committee, therefore, observes that there appears to have been tangible steps taken to combat the forced labour of children, including the decline of reported abductions of children in the Darfur region, but that these practices remain an issue of concern. Accordingly, the Committee urges the Government to strengthen its efforts to eradicate abductions and the exaction of forced labour from children under 18 years, and to provide information on the effective and time-bound measures taken to this end. It requests the Government to provide information on results achieved in this regard and to provide a copy of the most recent report of the CEAWC, with its next report.

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 and other armed groups, including tribal groups not allied to government or armed opposition groups, had forcibly recruited child soldiers in Sudan. However, the Committee noted that the CPA of 2005 requires the demobilization of all child soldiers in the span of six months as from the date on which the CPA is signed and that both the Sudan Armed Forces Act (adopted in 2007) and the Child Act (adopted in 2010) prohibit the recruitment of children. Nonetheless, the Committee noted the information in the UN Secretary-General’s report on children and armed conflict in Sudan of 5 July 2011 that between January 2009 to February 2011, 501 children (including six girls) were verified as being associated with at least ten armed forces and armed groups in Darfur. While this represented a decline in the number of children associated with armed groups in Darfur, this report also indicated 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).

The Committee notes the Government’s statement that the Child Soldier Unit (within the Northern Sudan Disarmament, Demobilization and Reintegration (DDR) Commission) works to sensitize armed forces and groups as to the need to demobilize child recruits and to raise awareness and knowledge of the rights of children in communities afflicted by the phenomenon of child recruitment. The Government also indicates that the Ministry of Defence was involved in the development of a plan to end the recruitment and use of children, adopted in 2009. However, the Government states that continued armed struggle, and the continued recruitment of children, are taking place in Darfur, and that the conflicts have flared up in South Kordofan and Blue Nile, with children being forcibly recruited by rebel movements. In this regard, the Committee notes the information in the report of the Secretary-General on children and armed conflict of 26 April 2012 that the country task forces on monitoring and reporting documented 45 cases of recruitment and use of children for armed conflict in Darfur in 2011, representing a significant decrease from the 115 recorded in 2010. Of the 45 cases, seven were perpetrated by the Sudanese police force; five by the Border Intelligence Forces; five by Central Reserve Police; 14 by pro-Government militias; five by the Sudan Liberation Army (SLA)/Abdul Wahid; three by the Popular Defence Forces (PDF); one by the Sudanese Armed Forces; one by SLA/Minni Minawi; one by JEM; and three by unidentified armed groups. The majority of these incidents took place in government-controlled areas (A/66/782, paragraph 109). This report also indicates that cases of recruitment and use of children significantly increased in the Three Areas (Abyei, Blue Nile and South Kordofan) in 2011, with 52 verified cases compared with eight in 2010 (A/66/782, paragraph 114).

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, and that this practice appears to be increasing in the Three Areas. 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 conclusions of the Working Group on Children and Armed Conflict on children and armed conflict in Sudan of 11 October 2012, expressing concern regarding the presence of children in the armed forces and associated forces, and urging the Government to address that issue and prevent the recruitment and use of children, according to its national legislation and international obligations (S/AC.51/2012/1, paragraph 16). Recalling that the forced recruitment of children under 18 years is among the worst forms of child labour, 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 this recruitment by armed groups and the armed forces. The Committee requests the Government to continue 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 – had 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. However, the Committee noted 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).

The Committee notes the Government’s statement that failure to penalize the abduction, recruitment and exploitation of children leads the leaders of the relevant groups to conclude that placing children at risk is permissible as long as it is not criminalized. The Government states that, for the purpose of accountability, the armed forces is considering conducting a statistical study of military crimes with a view to creating a military criminal register, which would contain offences committed in violation of the provisions of the 2007 Armed Forces Act as well as the Penal Code. The Government also indicates that the file on the CEAWC has been referred to the Ministry of Justice. The Government further indicates in its report that it has appointed a special prosecutor for crimes committed in Darfur, and that the President of the Judiciary has established a special court for crimes committed in Darfur. In this regard, the Committee notes the information from the Report of the Secretary-General on the African Union-United Nations Hybrid Operation in Darfur of 10 January 2013 that the Office of the Special Prosecutor for crimes committed in Darfur has commenced its work, and that by December 2012, it had opened investigations into ten cases, among them crimes committed in 2005, 2010, 2011 and 2012 (S/2013/22, paragraph 6).

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 considers 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, has the effect of ensuring impunity for perpetrators instead of punishing them. The Committee requests the Government to pursue and strengthen its efforts to ensure that thorough investigations and robust prosecutions of any persons, including members of the Government’s armed forces, who abduct children under 18 for the exaction of forced labour, or who forcibly recruit them for use in armed conflict, are carried out. It also requests the Government to take the necessary measures to ensure that sufficiently effective and dissuasive sanctions are imposed on offenders in practice. It requests the Government to continue to provide information on measures taken in this regard, including by the office of special prosecutor for crimes committed in Darfur, and to provide any available information on the number of investigations, prosecutions, convictions and penal sanctions applied.

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 the Government’s indication that through the Northern Sudan DDR Commission, established by the CPA, efforts were deployed to provide psychological and social support as well as education and skills training to former child soldiers. Moreover, the UN Secretary-General’s report on children and armed conflict in Sudan of 5 July 2011 indicated that, from February 2009 to February 2011, the Northern Sudan DDR Commission had registered 1,041 former child soldiers in Darfur. However, this report also indicated that the re-recruitment of children who had been separated from armed forces or groups had occurred, and that this could be addressed only through the provision of support for the long-term reintegration of children (S/2011/413, paragraphs 20, 23 and 89).

The Committee notes the Government’s statement that within the framework of the Northern Sudan DDR Commission, the Child Soldier Unit functions as a technical division tasked with improving the situation of children associated with armed forces or groups in the country. While the Child Soldier Unit’s efforts have resulted in the demobilization and reintegration of a considerable number of children in Sudan, focusing on regions where significant numbers of children are at risk of being recruited, such as Darfur, and that activities of the Unit have expanded into the Three Areas. The Child Soldier Unit has established a database of child soldiers, with information relating to their registration, reintegration, and follow-up. The Government indicates that the Ministry of Social Affairs in Khartoum is working towards employment integration for such children over the minimum age, identifying opportunities for former child soldiers who have completed the reintegration process. The Government states that it is important to provide for the economic integration of children to ensure the success of their psychological and social reintegration.

The Government provides detailed information on the activities which have been undertaken, indicating that a total of 1,695 children have been registered, 593 of whom have been enrolled in school and 123 of whom have been provided with training opportunities. While work in the Eastern state (Kassala and the Red Sea state) saw notable progress, work in the Central Sector as well as South Kordofan and Blue Nile faced numerous challenges. In the Blue Nile state, the Child Soldier Unit was able to demobilize 140 of 220 children associated with the Popular Movement (SPLM), and efforts will be made to demobilize the rest of them. However, 78 children have been recruited or re-recruited in the Blue Nile state and South Kordofan, and 34 demobilized children could not be located. According to the Government, the challenge was the greatest in Darfur. The Government further indicates that reintegration projects have been negatively impacted by a decline in funding due to the global financial crisis and the priorities of donors. The political and security circumstances in the Three Areas and Darfur have also slowed the pace and diminished the quality of the work of the Child Soldier Unit. Noting the difficulties experienced by the Government, the Committee urges the Government 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 continue 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.