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

Minimum Age Convention, 1973 (No. 138) - Sudan (Ratification: 2003)

Article 2(1) of the Convention. Scope of application, labour inspectorate and application of the Convention in practice. In its earlier comments, the Committee noted the difficult situation prevailing in the country. It requested the Government to reinforce its efforts, including through collaboration with ILO–IPEC, to ensure the progressive elimination of child labour.

The Committee notes the Government’s indication in its report that, there are ongoing efforts being deployed by all bodies in the State, and work is carried out with many civil society organizations to tackle the phenomenon of child labour. The Committee also notes that the ILO-IPEC programme came to an end in 2013. The Government further indicates that a special programme on labour inspection has been developed to carry out what is required in the informal and in the agricultural economy. Moreover, since 2006, Family and Child Police Protection Units have been established along with Child Courts in order to monitor child labour. The Committee requests the Government to provide information on the measures taken in collaboration with the civil society organizations to ensure the elimination of child labour, as well as the actions taken by the labour inspection to investigate and monitor child labour, particularly in the informal economy. Lastly, the Committee requests the Government to indicate the measures taken by the Family and Child Police Protection Units along with the Child Courts to monitor child labour.

Article 2(3). Compulsory schooling. The Committee had previously requested the Government to strengthen its efforts to reduce the number of out-of-school children under 14 years of age.

The Committee notes the Government’s indication that free and compulsory education is included in educational policies since the organization of the first Conference on educational policies. The Government also indicates that according to the data of the Ministry of Public Education the school enrolment rates increased from 57.5 per cent to 73 per cent during the period from 2000–15. Moreover, basic education through the expedited education programme was provided to more than 10,800 school children, and an educational and rehabilitation programme targeting children from 9 to 14 years of age who were not enrolled in school and who dropped out of school before completing compulsory education, was formulated in their local environments. Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests that the Government pursue and strengthen its efforts to reduce the number of out-of-school children under 14 years of age. The Committee also requests that the Government provide statistical information on the results achieved, particularly with respect to increasing the school enrolment rates and reducing the drop-out rates.

Article 7. Light work. In its previous comments, the Committee noted that section 7 of the Child Act of 2010 permits exceptions to the minimum age of 14 for admission to work, for children working in agricultural work and in grazing. It observed however that the legislation does not specify a lower minimum age for these activities.

The Committee notes the Government’s indication that it will send information on the measures taken with regard to light work in agriculture. The Committee recalls that Article 7(1) and (4) of the Convention provides that national laws or regulations may permit children over 12 years of age to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7(3) of the Convention, the competent authority shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting that the Child Act of 2010 permits exceptions to the minimum age for agricultural work and grazing, the Committee once again requests that the Government take the necessary measures to ensure that a minimum age of 12 years is established for any of the types of work permitted under the minimum age of 14 years. It also requests that the Government take the necessary measures to determine the number of hours during which, and the conditions in which, such light agricultural work may be undertaken, in conformity with Article 7(3) of the Convention. It requests that the Government provide information on the progress made in this respect.

Article 9(3). Keeping of registers by employers. In its previous comments, the Committee noted that there appeared to be no requirement for employers to keep registers containing the names and ages of persons who work for them and who are less than 18 years of age. It also noted the Government’s statement that this issue may be resolved within the plan of the labour inspection department.

The Committee notes an absence of information on this point in the Government’s report. The Committee recalls that Article 9(3) of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents which shall be kept and made available by the employer, and establishes that such registers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom they employ or who work for them and who are less than 18 years of age. In this regard, the Committee requests that the Government indicate the manner in which the labour inspection department monitors the obligation on employers to keep registers. It also requests that the Government indicate the measures taken to ensure that all employers keep a register indicating the name and age or date of birth, duly certified whenever possible, of persons whom they employ or who work for them and who are less than 18 years of age.