Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Sudan (Ratification: 2003)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). Slavery and practices similar to slavery. 1. Abductions and the exaction of forced labour. In its early comments, the Committee 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 noted the allegations of the International Trade Union Confederation (ITUC) regarding cases of abduction of women and children by the Janjaweed militia. The Committee also noted that with reference to several reports of United Nations bodies, such as the report of the Secretary-General on Children and Armed Conflict, cases of abduction of children with a view to their labour exploitation had been reported in Abyei, Blue Nile and South Kordofan.

The Committee notes the Government’s indication in its report that special courts were set up to eliminate the practice of abduction. Moreover, psychological and social support, education, work opportunities, and skills training were also provided to children who had been abducted. In addition, training was provided to 78 specialists from the Ministries of Social Affairs and of Education, and other partners working on social psychological rehabilitation with the participation of society in the process of reintegration and rehabilitation.

With regard to the penalties imposed on the offenders who abduct children for the exaction of forced labour, the Committee further notes the Government’s indication in its report submitted under the Forced Labour Convention, 1930 (No. 29), that among the prosecutions undertaken by the Special Prosecutor for Darfur, none of the prosecutions were related to cases of abductions for forced labour. The Committee also notes that according to the 2016 report on children and armed conflict of the UN Secretary-General, although impunity for grave violations against children continued to be a concern, there was progress, with arrests being made for sexual violence and the killing and maiming of children. The Secretary-General called upon the Government to ensure accountability for all grave violations (A/70/836 S/2016/360, paragraph 147). The Committee urges the Government to continue to strengthen its efforts to eradicate abductions and the exaction of forced labour from children under 18 years of age, and to provide information on the effective and time-bound measures taken to this end. The Committee also urges the Government to take immediate measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. Lastly, the Committee requests the Government to indicate whether the Committee for the Eradication of Abduction of Women and Children (CEAWC) – referred to in its previous reports – is still operational, and to provide information on its current activities.

2. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted with concern that children were being recruited and forced to join illegal armed groups or the national armed forces in practice.

The Committee notes the Government’s indication that the legislation, including the Child Labour Law, the Police Law, and the Civil Service Law specify that no child under 18 years of age shall be recruited in the army, and that penalties are imposed in cases of recruitment. The Government also indicates that a national campaign for the support of child rights was organized, and carried out by the National Council for Childhood. Several workshops and symposia were held at the national level in addition to the preparation and distribution of awareness-raising and guiding posters in support of the issues of child protection, while paying special attention to the issue of child recruitment in the armed forces. Moreover, the National Council for Childhood, in collaboration with the Child Rights Unit at the Ministry of Defence, carried out a few training courses for officers and other members of the armed forces on children’s rights and protection in armed conflict, as well as training courses on children’s rights and protection across borders.

However, the Committee notes that in its 2014 concluding observations, the UN Human Rights Committee (HRC) was concerned by reports indicating that children are still being recruited and used in armed conflict, and that efforts at monitoring this practice are insufficient. The HRC also recommended that the country redouble its efforts to detect and eradicate the recruitment and use of child soldiers as well as to ensure their prompt disarmament, demobilization and reintegration. The HRC finally recommended that alleged perpetrators be brought to justice and, if convicted, adequately sanctioned (CCPR/CSDN/CO/4, paragraph 24). Furthermore, the Committee observes that according to the 2016 report on children and armed conflict of the UN Secretary-General (A/70/836-S/2016/360, paragraphs 133, 134, 139 and 146) during the reporting period (January to December 2015), four cases of recruitment and use of children by the Sudanese Armed Forces were documented. Two boys were also recruited by the Liberation Movement-North Sudan (SPLM-N) from refugee settlements in South Sudan, and 28 incidents of killing and maiming were documented, affecting 43 and 38 children, respectively. The abduction of eight children, including five in Abyei was also documented. The children were released and reunited with their families following engagement by the UN. Moreover, the country task force on monitoring and reporting verified the recruitment of four boys by the Sudanese Armed Forces in West Darfur, including one who reportedly participated in fighting along with the Abbas faction of the Justice and Equality Movement (JEM). The UN Secretary-General also stated that, during her visit in March 2016, the Special Representative for Children and Armed Conflict was given access to 21 children detained by the National Intelligence and Security Service since April and August 2015. The children had allegedly been recruited in Southern Kordofan and South Sudan and used in combat in Darfur and South Sudan. The Special Representative advocated further access by the UN to the children and their release and reunification with their families. Lastly, the Special Representative highlighted that the Sudan signed in March 2016 an Action Plan to end and prevent the recruitment and use of children by its security forces. While noting certain measures taken by the Government to raise awareness on the issue of children in armed conflict, the Committee expresses its deep 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 maiming. In this regard, the Committee urges the Government to take immediate and effective measures, in collaboration with the UN bodies operating in the country, to put a stop in practice to the compulsory recruitment of children for use in armed conflict by armed groups and the armed forces. The Committee requests the Government to take the necessary measures to ensure that the Action Plan to end and prevent the recruitment and use of children in the armed forces, signed in 2016 with the UN is promptly and effectively implemented.

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. In its previous comments, the Committee noted that the Child Soldier Unit was established in order to improve the situation of children associated with armed forces. Its efforts had resulted in the demobilization and reintegration of a considerable number of children in Sudan. The Unit had established a database of child soldiers, with information relating to their registration, reintegration, and follow-up. The Committee also noted that the Government had been facing certain difficulties regarding the funding of the Child Soldier Unit.

The Committee notes the Government’s indication that the Disarmament and Demobilization Commission has adopted the concept of full reintegration of children who were recruited by armed groups and movements, based on societal work. The Commission carried out its work in all regions of the country where there are “vagrant children” in the Blue Nile, Al Qadarif, Kassala, Port Sudan and Al-Junaynah. It consists of providing moral and psychological support as well as raising awareness on the impact of recruitment among children’s groups, in addition to providing services to children in conflict areas and emergency situations. In this regard, in 2015, the Minimum Standards on Protection of Children in Emergency and Crisis Situations were launched. The Committee urges the Government to continue to take effective and time-bound measures to remove children from armed conflict and ensure their rehabilitation and social integration. It also requests the Government to indicate whether the Child Soldier Unit is still functional, and to provide information on its recent activities. Lastly, the Committee requests the Government to supply information on the number of child soldiers removed from armed forces and groups and reintegrated through the actions undertaken by the Disarmament and Demobilization Commission.

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