Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Article 3(2). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7 of the Convention. 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 did not specify a lower minimum age for these activities. The Committee therefore requested the Government to 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.

The Committee notes the Government’s information in its report that children under the age of 12 years may not be employed. It notes that pursuant to section 21 of the Labour Code of 1997, children between 12 and 15 years of age are allowed to perform work. The Committee observes that the above provisions may be construed in a broad sense so as to apply to work other than light work. In this regard, 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.  The Committee therefore requests the Government indicate the measures taken or envisaged to ensure that children between 12 and 14 years are permitted to undertake only light work activities. In this regard, the Committee requests the Government to determine the number of hours during which, and the conditions in which, such work may be undertaken by children between 12 and 14 years, in conformity with Article 7(3) of the Convention. It requests the Government to 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 the Government’s reference to section 24 of the Labour Code which requires employers to fix in a conspicuous place in the workplace a copy of the regulations concerning the employment of children provided for in this Act, and a list showing the hours of work and rest periods. The Government further indicates that section 64 of the Labour Code provides that the workers’ data shall be kept. The Committee once again recalls that Article 9(3) of the Convention requires the employers to keep registers or other documents containing the names and ages or dates of birth of the employees under 18 years of age. The Committee requests the Government to indicate whether the workers’ data to be kept under section 64 of the Labour Code includes information such as the name, age or date of births of young workers under 18 years of age whom they employ.