Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(a) of the Convention. Punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform prison labour) could be imposed by virtue of 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 tranquility). The Committee also noted that the 2013 report of the United Nations Independent Expert on the situation of human rights in the Sudan indicated 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). According to the Independent Expert, a committee had been set up to study the reform of some laws, including the Criminal Procedure Act and the Criminal Act. This Committee had submitted its recommendations to the Government for consideration (paragraph 18). The Committee had requested the Government to take the necessary measures to ensure that sections 50, 66 and 69 of the Criminal Code are repealed or amended.

The Committee notes the Government’s indication in its report that the right to freedom of peaceful assembly and freedom of expression and peaceful protest are universally guaranteed rights, but their exercise is subject to restrictions in accordance with the national legislation and the obligations of the State under international human rights Conventions. Nevertheless, the Committee notes that in its 2014 concluding observations, the UN Human Rights Committee (HRC) was concerned by the numerous allegations indicating that State officials have curtailed the full and effective enjoyment of the right to freedom of expression by, inter alia, closing newspapers without court orders, confiscating entire newspaper editions and subjecting journalists to intimidation and harassment. The HRC was also concerned about the obligations placed on journalists by the 2009 Press and Publication Act and about prosecutions for disseminating “false news”. Lastly, the HRC was also concerned at allegations indicating that State Officials have subjected opponents and perceived opponents of the Government, human rights defenders and other activists to harassment, intimidations, arbitrary arrest and detention, and torture and ill treatment (CCPR/C/SDN/CO/4, paragraph 21).

In addition, the Committee notes that in his 2016 report, the Independent Expert on the situation of human rights in the Sudan highlighted that the National Security Act and the Criminal Act of 1991, and parallel legislation specific to Darfur, such as the emergency laws, continue to infringe on fundamental rights and freedoms. Moreover, restrictions on civil and political rights and the curtailment of the rights to freedom of expression, association and peaceful assembly, as well as freedom of the press have persisted. Increasing demands by political opposition groups, civil society organizations and students for democratic reforms have been met with repressive measures by the Sudanese authorities, including arrests and detention. Human rights defenders, political opponents and journalists continue to be targeted and impunity remains a recurring problem (A/HRC/33/65, paragraph 63).

The Committee once again recalls that Article 1(a) of the Convention prohibits all recourse to 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. 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 matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.