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

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 previous 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 under several reports of the United Nations bodies, such as the report of the Secretary-General on Children and Armed Conflict, that cases of abduction of children for labour exploitation had been reported including in Abyei, Blue Nile and South Kordofan. In this regard, it noted the Government’s indication that special courts were set up to eliminate the practice of abduction and that psychological and social support, education, work opportunities, and skills training were also provided to children who had been abducted. The Committee urged 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 notes the Government’s information in its report that the National Committee for Combating Human Trafficking (NCCT) continues its efforts to eliminate the practice of abduction. It also notes that the NCCT developed a National Action Plan to Combat Human Trafficking 2018-2019 which includes abduction as one of the means of trafficking in persons. Moreover, the Transitional Constitution of 2019, under article 47 prohibits all forms of slavery and states that no person shall be subject to forced labour.

The Committee, however, notes from the Report of the Secretary General on Children and Armed Conflict (A/74/845-S/2020/525, of 9 June 2020) that in Darfur, 18 children (15 boys and three girls) were reported to have been abducted for ransom or forced to work as cattle herders by the Sudan Liberation Army-Abdul Wahid faction (SLA-AW) and other unidentified armed elements (paragraph 162). It further notes from the Report of the Secretary General on the situation in the Sudan and the activities of the United Nations Integrated Transition Assistance Mission in the Sudan (S/2020/912) of 17 September 2020 that the African Union-United Nations Hybrid Operation in Darfur verified 364 incidents of grave violations, including rape, sexual exploitation and abduction affecting 77 children (37 boys and 40 girls). This report further states that owing to the lack of resources and capacities on the ground, access to justice and accountability responses for child victims of grave violations remains limited (Annex I, paragraph 20). Noting with concern the high incidence of grave violations involving children, including abductions for forced labour, the Committee urges the Government to take immediate measures to ensure that thorough investigations and prosecutions of offenders abducting children under 18 years for forced labour are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It requests the Government to provide information on the activities undertaken by the NCCT in eliminating the practice of abduction of children for forced labour and the results achieved.

2. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted 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. It also noted the Government’s statement that various measures had been taken to prevent child recruitment in the armed forces including the signing by the Government with the UN in March 2016, of an Action Plan to end and prevent the recruitment and use of children by its security forces. The Committee, however, noted with deep concern the persistence of the practice of recruiting and using children under the age of 18 years by armed forces and groups. It urged the Government to take immediate and effective measures to put a stop in practice to the compulsory recruitment of children for use in armed conflict by armed forces and groups as well as to take the necessary measures to implement the action plan to end and prevent the recruitment and use of children in the armed forces.

The Committee notes the Government’s information that the action plan is being implemented and mechanisms for its implementation have been established at the ministerial and technical levels as well as in many of the states affected by armed conflict. The Government also indicates that command orders prohibiting the recruitment of children were issued by the Sudanese Armed Forces and the Rapid Support Forces (RSF). In this regard, the Committee notes from the Report of the Secretary General on Children and Armed Conflict of 9 June 2020 that in Darfur, the United Nations verified the recruitment and use of three boys by the Sudan Liberation Army-Abdul Wahid (SLA-AW) and is in the process of verifying 14 alleged cases of recruitment and use of children by the RSF. The Committee further notes the Secretary General’s statement welcoming the engagement by the Government with the United Nations for the screening of 1,346 RSF soldiers in South and West Darfur, during which no child was identified (A/74/845-S/2020/525, paragraphs 158 and 169).

The Committee notes the information contained in the Report of 17 September 2020 of the Secretary General on the situation in the Sudan and the activities of the United Nations Integrated Transition Assistance Mission in the Sudan that the transitional Government of Sudan signed a peace agreement with the SRF alliance and the Sudan Liberation Army (SLA)-Minni Minawi faction, and a joint agreement on principles was signed with the SPLM-N Abdelaziz Al-Hilu faction (S/2020/912, paragraphs 8 and 9). In this regard, the Committee notes the statement made by the UN Secretary General in a press release on the formal signing of the peace agreement on 3 October 2020 that the signing of the Juba Peace Agreement signals the dawn of a new era for the people of Sudan. It is a milestone on the road to achieving sustainable peace and inclusive development. While welcoming the peace agreement concluded by the transitional Government and the rebel groups, the Committee requests the Government to continue its efforts to ensure that no child under the age of 18 years shall be used or recruited for armed conflict. In this regard, the Committee urges the Government to continue to take effective measures, in collaboration with the UN bodies operating in the country, to effectively implement the Action Plan to end and prevent the recruitment and use of children in the armed forces. It also requests the Government to take the necessary measures to ensure that thorough investigations and prosecutions are carried out against persons who have recruited or used children under 18 years for armed conflict or persons who continue to do so and that sufficiently effective and dissuasive penalties are imposed on them. It requests the Government to supply information in this regard.

Article 7(2). Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the Government’s information concerning the various measures adopted by the Ministry of Education to facilitate access to education. Moreover, it noted from the statistical information provided by the Ministry of Public Education, an increase in the primary school enrolment rates from 57.5 per cent in 2000 to 73 per cent in 2015 and secondary school enrolment rates from 24.1 per cent to 37.1 per cent during the same period. The Committee encouraged the Government to intensify its efforts to improve the functioning of the education system in the country.

The Committee notes that according to the statistics provided by the Government, in 2018, the gross enrolment rate in grade 1 was 86.9 per cent and in basic education and secondary education, it was 73.5 per cent and 39.9 per cent, respectively. An estimated 71,301 children (34,255 girls and 37,046 boys) dropped out of basic education in 2018. The Committee also notes that the Government adopted the Education Sector Strategic Plan (ESSP) 2018-2023 which covers interventions aimed at increasing access to pre-school and quality deliver; increasing access to equity in formal basic and secondary education; improving quality and enhancing retention in basic education; and improving learning and skills development in secondary education. The Committee notes from the ESSP document that though more children are accessing school today, the system is slowed down by high drop-out rates rendering the achievement of universal basic education a big challenge for Sudan. The retention rate dropped from 67 per cent in 2009 to 62 per cent in 2017. The ESSP document further states that according to the 2017 Humanitarian Needs Overview, 1.7 million children and adolescents out of the 4.8 million people in need of humanitarian assistance need basic education services, including 56 per cent internally displaced people (IDPs), 7 per cent refugees, 5 per cent returnees and 32 per cent vulnerable residents. The Committee notes that the ESSP interventions are expected to increase the enrolment rates in basic education by 16 per cent and in secondary education by 7 per cent between 2018 and 2023. The Committee notes with concern the low enrolment rates and the high drop-out rates at the primary and secondary education levels. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country by improving access to basic education for all children, including the IDPs, refugees and vulnerable children. In this regard, it requests the Government to provide information on the specific measures taken within the framework of the ESSP and the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates. To the extent possible, this information should be disaggregated by age and gender.

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 had requested 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 notes the Government’s information that the Disarmament, Demobilization and Reintegration (DDR) Commission has developed programmes and measures that enable demobilized children to make the transition from life in a military environment to civilian life and play a key role, as civilians, through their acceptance by their families and communities. The Committee also notes from a report of the United Nations Development Programme that the DDR Programme in Sudan aims at creating conducive environments for the peaceful reintegration of ex-combatants and associated groups. Since its launch, more than 25,000 individuals were demobilized, 31,000 reintegrated and 85 projects were established to help community stabilization. The Committee requests 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 continue providing information on the measures taken within the framework of the DDR Programme to remove children from armed conflict and reintegrate them as well as the number of such children removed and reintegrated.

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