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

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. The Committee previously noted that in regions of the country where there was armed conflict, the abduction and forced labour of thousands of women and children had taken place. The Committee noted the allegations from the International Trade Union Confederation (ITUC) of August 2010 that there continued to be serious problems with regard to abductions for the purpose of forced labour, as well as compensation for victims of forced labour. However, the Committee noted that steps had been taken towards the implementation of the Comprehensive Peace Agreement of 2005. It also noted the Government’s indications regarding the referendum and subsequent secession of southern Sudan to create South Sudan, the signing of an agreement in the east of the country and the signing of the Doha Document for Peace in Darfur. Nonetheless, the Committee observed in 2012 that hostilities and accompanying human rights violations, including abductions, continued in parts of the Sudan, particularly in Darfur and South Kordofan.

The Committee notes the Government’s statement that forced labour has been eradicated in the conflict regions. In its report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government indicates that it has put an end to cases of abduction and forced labour which were a direct by-product of the civil war and ancient long-standing tribal practices, particularly in south-west Sudan. The Committee also notes the Government’s statement that the Advisory Council for Human Rights was entrusted in 2010 to follow up on the issue of the abduction of women and children. In this regard, the Government indicates that psychological and social support, education and training opportunities on skills have been provided to victims. The Committee notes the statement in the Report of the Independent Expert on the situation of human rights in the Sudan, of 18 September 2013, that while the general human rights situation in the Sudan has remained unstable, especially in conflict-affected areas like Darfur, South Kordofan and Blue Nile, the Government continues to make progress in legislative and institutional developments aimed at improving the situation of human rights in the country (A/HRC/24/31, paragraph 16). The Independent Expert indicates that in the three protocol areas of Abyei, South Kordofan and Blue Nile, outbreaks of fighting have led to widespread human rights violations and large-scale displacements (paragraph 13). Moreover, Darfur continues to be characterized by widespread human rights violations and large scale civilian displacements due to the persistence of fighting between the Sudanese Armed Forces (SAF) and armed opposition groups in the region (paragraph 11). 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 (UNAMID), of 14 October 2013, that between 1 April and 30 June 2013 there were 21 abductions in which the local civilian population was targeted, and ten such abductions between 1 July and 30 September 2013 (S/2013/607, paragraph 26). The Committee urges the Government to strengthen its efforts to guarantee a climate of stability and legal security in which abductions and recourse to forced labour cannot be legitimized or go unpunished. In this regard, it 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. Moreover, the Committee urges the Government to ensure the cessation and resolution of all cases of abductions in the country and to ensure the victims’ right to be reunified with their families. The Committee requests the Government to provide, in its next report, detailed information on measures taken 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 statement 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. Nonetheless, the Committee noted that United Nations Security Council Resolution No. 1881 (2009) emphasized the need to bring to justice the perpetrators of human rights violations and that the Independent Expert on the situation of human rights in the Sudan 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” (A/HRC/15/CRP.1, September 2010). In this regard, the Committee noted the appointment of 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 notes the Government’s statement that special courts were established in some conflict regions to eradicate any activity involving forced labour, and refers in this regard to the appointment of the Special Prosecutor for Darfur Crimes. Regarding the penalties imposed on persons who exacted forced labour, the Government indicates that it will send this information as soon as it is available. The Committee notes the information in the Report of the Independent Expert on the situation of human rights in the Sudan, of 18 September 2013, that in January 2012 the Government appointed a new Special Prosecutor, the fifth appointed since 2003. The Independent Expert raised concerns about the slow pace of prosecution of the Darfur conflict-related crimes (A/HRC/24/31, paragraph 43). The Committee also notes the information from the Report of the Secretary-General on UNAMID, of 14 October 2013, that while the Special Prosecutor for Darfur had informed UNAMID that he had brought to trial nine cases of serious crimes resulting in 42 convictions, and was investigating another 57 cases, more specific information or access to hearings was not provided to UNAMID (S/2013/607, paragraph 7). The Committee urges the Government to pursue its efforts to ensure that legal proceedings are instituted against perpetrators of abductions and that penal sanctions are imposed on persons convicted of having exacted forced labour, as required by the Convention. In this regard, the Committee requests the Government to indicate the number of prosecutions undertaken by the Special Prosecutor for Darfur which relate to abductions for the exaction of forced labour, as well as the number of convictions and the specific penalties applied. It also requests the Government to provide information on measures being taken to prosecute forced labour violations in other parts of the country. Lastly, the Committee requests the Government to take the necessary measures to ensure that information is made available on the application in practice of the penal provisions 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.