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

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

Article 1(a) of the Convention. Punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving an obligation to perform prison labour) could be imposed under sections 50, 66 and 69 of the Criminal Act (committing an act with the intention of destabilizing the constitutional system, publication of false news with the intention of harming the prestige of the State and committing an act intended to disturb public peace and tranquillity). The Committee also observed that the Special Rapporteur on the situation of human rights in Sudan noted that one of the amendments to the 1991 Criminal Procedures Act, adopted on 20 May 2009, gives powers to state governors or commissioners to issue orders prohibiting or restricting the organization of public meetings (A/HRC/11/14, June 2009). It further noted the information from the United Nations Mission in Sudan (UNMIS) that the realization of the right to freedom of expression, association and assembly had been consistently frustrated through the application of the 2009 Press and Publication Act and the 1991 Criminal Procedure Act. In addition, according to information in a report of the United Nations High Commissioner for Human Rights on the situation of human rights in the Sudan, civilians had been arrested and charged for the disturbance of public peace under section 69 of the Criminal Act while attempting to deliver a petition to the UNMIS Special Representative of the Secretary-General.

The Committee notes an absence of information on this point in the Government’s report. However, it notes the statement in the Report of the Independent Expert on the situation of human rights in the Sudan of 18 September 2013 that parts of the national legal framework, including the Criminal Act, infringe fundamental human rights and freedoms, and that restrictions on civil and political rights and the curtailment of freedom of expression and the press persist (A/HRC/24/31 paragraph 13). The Independent Expert indicates that a committee has been set up to study the reform of some laws, including the Criminal Procedure Act and the Criminal Act, and that that committee has submitted its recommendations to the Government for consideration (A/HRC/24/31, paragraph 18).

The Committee once again recalls that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour, including compulsory prison labour, as a means of political coercion or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It also points out that the protection conferred by the Convention is not limited to activities expressing or manifesting opinions diverging from established principles; even if certain activities aim to bring about fundamental changes in state institutions, such activities are protected by the Convention, as long as they do not resort to or call for violent means to these ends. Therefore, the Committee once again urges the Government to take the necessary measures to ensure that sections 50, 66 and 69 of the Criminal Act are repealed or amended so that no prison sentence (involving compulsory labour) can be imposed on persons who, without using or advocating violence, express certain political views or opposition to the established political, social or economic system. It requests the Government to provide information on the progress made in this regard, including within the framework of the reform of national legislation. Pending the adoption of such amendments, the Committee requests the Government to provide information on the application of sections 50, 66 and 69 of the Criminal Act in practice. Lastly, the Committee once again requests the Government to provide copies of the amendments to the Criminal Procedures Act of 20 May 2009, as well as a copy of the 2009 Press and Publication Act.

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