Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Equal Remuneration Convention, 1951 (No. 100) - Sudan (Ratification: 1970)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that, since the receipt of the Government report in 2017 the country faced a political crisis in April 2019. It notes the establishment in July 2019 of an agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.

Article 1(b) of the Convention. Legislation. The Committee previously noted that the Labour Code, 1997, does not provide for the principle of equal pay for men and women for work of equal value, and that article 32(1) of the Interim National Constitution of the Republic of the Sudan, 2005, provides only for equal remuneration for equal work, which is narrower than the principle of the Convention. The Committee notes once again the Government’s repeated indication that the draft of the new Labour Code has already included a provision on equal remuneration for work of equal value and is awaiting adoption. Noting the forthcoming three-year period of reforms facing the transition Government, the Committee expresses the firm hope that the Government will make every effort to ensure that the Permanent Constitution and the new Labour Code, when adopted, will give full legal expression to the principle of equal remuneration for men and women for work of equal value, and asks the Government to provide information on any progress made in this regard and on the status of the adoption of the new Labour Code.

Article 2. Application of the principle of equal remuneration for work of equal value. Civil service. In response to the Committee’s request for information on the measures taken to improve access of women to a wider range of posts in the civil service, the Government indicates that the National Civil Service Act, 2007, provides in section 28 the principle of equal remuneration for equal work. Hence, the wages and allowances in kind and the other occupational allowances associated with the post at the particular level within the Unit are only accorded to whoever has satisfied the post’s performance criteria, and has carried out obligations and responsibilities, regardless of the gender of the person occupying the post. Accordingly, the concentrating of women in specific ministries or lower employment grades in the manner stated does not exist; rather everybody is subject to a unified pay structure throughout Sudan. Thus, women occupy professional roles in all executive, legislative and judicial agencies of the State, and likewise within the uniformed services. In that regard, the Committee wishes to recall that the principle enshrined in the Convention and which lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value goes beyond the principle of equal remuneration for “equal” work, the “same” work or “similar” work, it encompasses work that is of an entirely different nature, but nevertheless of equal “value”. Indeed, due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. In that respect, based on the information provided by the Government, the Committee notes that there is horizontal (concentration of women in certain ministries) and vertical (concentration of women in the lower grades) sex segregation in the public service. The concept of work of equal “value” is therefore fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison (see the 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee once again asks the Government to provide information on the measures taken to address the underlining causes of inequalities in remuneration, such as gender discrimination, gender stereotypes, and occupational segregation and to promote women’s access to a wider range of job opportunities at all levels, including top management positions and higher paying jobs; and to provide updated statistical information on the distribution of men and women in the different posts of the public service and their corresponding levels of earnings, in order to assess the impact of the measures taken to implement effectively the principle of equal remuneration for equal work, as set out in section 28 of the National Civil Service Act, 2007.

Private sector. In its last comment, the Committee asked the Government to take the necessary steps to collect, analyse and provide data on men’s and women’s earnings by sector of activity, occupation and level of employment, covering both the formal and informal economy. It also asked it to provide information on the measures taken or envisaged to promote and ensure the access of women to a wider range of jobs and occupations, including through improving their educational levels and encouraging their participation in a wide range of vocational training courses and fields of study. Noting that statistical data indicates that 61.9 per cent of women work in the agricultural, forestry and fishing sector and 36.4 per cent work as unpaid family workers in 2011, the Committee asked the Government to provide information on measures targeting unpaid family workers and workers in the informal economy. The Committee notes the Government’s indication that the last Enterprise Survey was conducted in 2007 and that since then the Central Statistical Agency is still working on collecting updated statistical information on men’s and women’s earnings. Regarding the informal economy, the Government indicates that there is no information available, and that a survey of employment within this sector is in preparation but requires appropriate funding. Recalling that the collection and analysis of statistical data on men’s and women’s earnings is crucial in order to review the progress made in reducing the gender pay gap, the Committee hopes that the Government will soon be in a position to provide up-to-date information in this regard. Further, the Committee wishes to recall that in its 2012 General Survey on fundamental Conventions (paragraphs 712–714) it stressed that, as wage discrimination cannot be tackled effectively unless action is taken simultaneously to deal with its underlying causes, it is important to address equal remuneration in the context of the more general rights and protections regarding equality and non discrimination set out in the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Workers with Family Responsibilities Convention, 1981 (No. 156) (see 2012 General Survey, paragraphs 712–714). The Committee asks the Government to provide information on the steps taken or envisaged to address the underlying causes of pay inequality, and therefore to promote actively the access of women to a wider range of jobs and occupations in the private sector, including through improving their educational levels and encouraging their participation in a wide range of vocational training courses and fields of study. Please also include information on any measures targeting unpaid family workers and workers in the informal economy.