Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Forced Labour Convention, 1930 (No. 29) - Sudan (Ratification: 1957)
Protocol of 2014 to the Forced Labour Convention, 1930 - Sudan (Ratification: 2021)

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

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Abductions for the exaction of forced labour and penalties. In its previous comments, the Committee noted the practice of abductions for the purpose of forced labour in the context of armed conflict. It noted the Government’s indication in its last report that no evidence had been found regarding cases of abductions. The Committee further noted the United Nations Independent Expert’s indication in 2016 that fighting continued, particularly in Darfur between Government forces and the Sudan Liberation Movement-Abdul Wahid, causing killings, abductions, sexual violence and displacement of civilians. The Committee noted the appointment of a Special Prosecutor for Darfur crimes, and the Government’s information that no prosecutions undertaken by the Special Prosecutor were related to cases of abductions for forced labour. The Committee accordingly requested the Government to take immediate and effective measures to ensure the imposition of appropriate criminal penalties on perpetrators of abductions for the exaction of forced labour.

The Government indicates in its report that there are no records of abductions for the purpose of compulsory labour, and that the Special Prosecutor for Darfur crimes has not received any cases of abductions for forced labour. The Government states that the security situation in Darfur is stable thanks to the efforts of the transitional Government, which has made peace its priority.

The Committee notes the United Nation’s indication available on its website that a transitional Government was formed in August 2019 by the Transitional Military Council and the country’s main opposition alliance, for a three-year period leading up to democratic elections. The Committee notes that the General Framework for the programme of the transitional Government sets as one of its priorities to put an end to the war and build fair, comprehensive and sustainable peace. In this regard, practical measures include: (i) establishing and activating the Transitional Justice Commission and building the relevant compensation and reparation institutions; and (ii) creating units for psychological support and assistance for the victims of violations. In addition, the Committee notes that Article 6(3) of the Transitional Constitution, signed on 17 August 2019, provides that despite any provision in existing laws, there shall be no statutory limitations on war crimes and crimes against humanity, extrajudicial killings, violations of international human rights law and international humanitarian law, and offences relating to corruption and abuse of power committed since 30 June 1989. The Committee welcomes the formal signature of a peace agreement on 3 October 2020 in Sudan between the transitional Government and opposition groups. The Committee requests the Government to continue to take measures to ensure that no cases of abductions for the exaction of forced labour occur in future and to guarantee that victims are fully protected from such practices. The Committee also requests the Government to provide information on the establishment of the Transitional Justice Commission, the compensation and reparation institutions and the units to support and assist victims of violations, and to indicate the activities that they have undertaken for the reparation and reintegration of victims of abductions for the exaction of forced labour.

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.