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

Abolition of Forced Labour Convention, 1957 (No. 105) - Sudan (Ratification: 1970)

Article 1(d) of the Convention. Punishment for having participated in strikes. For a number of years, the Committee has been referring to sections 112, 119 and 120 of the 1997 Labour Code, which specify that labour disputes which cannot be settled amicably within three weeks will be automatically referred to an arbitration body whose decision will be final and without appeal. Section 126(2) of the Labour Code provides for a punishment of imprisonment (which involves compulsory prison labour) for a period of up to six months in cases of violation or refusal to apply the provisions of the Labour Code. While noting the Government’s indication that these provisions of the Labour Code are aimed at the observance of arbitration body decisions, the Committee observed that such provisions could also be applied to workers in a manner which exposes them to sanctions of imprisonment. However, the Committee noted that a new draft Labour Code had been developed and submitted to the competent authorities. In this connection, the Committee reminded the Government that Article 1(d) prohibits the use of any form of forced or compulsory labour as a punishment for having participated in strikes.

The Committee notes the Government’s reference to section 6(1) of the Trade Union Act of 2010, which states that the activity of federations and trade unions shall be legitimate in regard to all means employed by them to realize the objectives for which they were established, including strikes, in accordance with the provisions of this Act and their statutes, and that such activity shall not entail any civil or criminal responsibility. The Committee notes the Government’s statement that section 126(2) of the Labour Code does not provide for any penalties involving the imprisonment of workers on strike. However, the Government also indicates that, pursuant to section 126(2), a violation or an abstention from the provisions of the Labour Code, or any orders, regulations or rules issued thereunder, may result in a penalty of imprisonment for a period of six months or a fine. The Committee therefore observes that this could result in the application of a penalty of imprisonment, involving the obligation to work, for the stoppage of work under several conditions, pursuant to section 124 of the Labour Code. The Committee therefore requests the Government to provide information on measures taken or envisaged to harmonize section 126(2) of the Labour Code with section 6(1) of the Trade Union Act, to ensure that no penalties of imprisonment, involving compulsory labour, may be imposed for the peaceful participation in strikes. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of penalties under section 126(2) of the Labour Code in practice.

Compulsory prison labour. The Committee requests the Government to provide a copy of the 2010 Act concerning the regulation of prisons and the treatment of prisoners, with its next report.