Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 1(a) of the Convention. Punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving an obligation to perform prison labour) could be imposed under 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 tranquillity). The Committee also noted the Government’s indication that the Sudanese Parliament was engaged in revising the whole body of the Sudanese legislation in order to bring it into conformity with the Comprehensive Peace Agreement and the Interim National Constitution of 2005. However, the Committee noted that the Special Rapporteur on the situation of human rights in Sudan noted that one of the amendments to the 1991 Criminal Procedures Act, adopted on 20 May 2009, gives powers to state governors or commissioners to issue orders prohibiting or restricting the organization of public meetings. The Special Rapporteur recommended that the Government ensure that human rights defenders, humanitarian workers, parliamentarians, members of political opposition, journalists and other civil society members were not arbitrarily detained or ill-treated by State agents on account of their work, opinions or peaceful assembly (A/HRC/11/14, June 2009). In this regard, the Committee recalled the importance for the effective respect of the Convention of legal guarantees regarding freedom of assembly, expression, demonstration and association and expressed the hope that, as a result of the legislative reform, the national criminal and labour legislation would be brought into conformity with the Convention.

The Committee notes the Government’s statement that, at present, a permanent Constitution is being formulated, by virtue of which the national legislation shall be reviewed. The Committee also notes the Government’s statement in its report to the Human Rights Council for the Universal Periodic Review of 11 March 2011 that the Press and Publications Act was adopted in 2009 to regulate freedom of expression through the press and guarantee broad freedom of expression and access to information (A/HRC/WG.6/11/SDN/1, paragraph 40). However, the Committee notes that, according to the information in the compilation prepared by the Office of the High Commissioner of Human Rights for the Human Rights Council’s Universal Periodic Review, the United Nations Mission in Sudan (UNMIS) noted that the realization of the right to freedom of expression, association and assembly had been consistently frustrated through the application of the 2010 National Security Act, the 2009 Press and Publication Act and the 1991 Criminal Procedure Act. The Committee also notes the information in the UN Country Team Country Analysis of February 2012 that the Criminal Act of 1991 was amended in 2009, but observes that these amendments did not amend or repeal sections 50, 66 and 69 of the Criminal Act. Lastly, the Committee notes the information in the 13th periodic report of the United Nations High Commissioner for Human Rights on the situation of human rights in the Sudan entitled “Preliminary report on violations of international human rights and humanitarian law in Southern Kordofan from 5 to 30 June 2011” that in July 2011, 16 civilians were arrested outside of the UNMIS headquarters in Khartoum while attempting to deliver a petition to the UNMIS Special Representative of the Secretary-General and were subsequently charged with disturbance of public peace under section 69 of the Criminal Act of 1991 (paragraph 42).

In this regard, the Committee recalls that Article 1(a) of the Convention prohibits all recourse to forced or 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 covered 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 entailing 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, including through the review of national legislation following the adoption of a permanent Constitution. 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 1991 of 20 May 2009.

Article 1(d). Punishment for having participated in strikes. For a number of years, the Committee has been referring to sections 112, 119 and 120 of the 1997 Labour Code, which specify that labour disputes which cannot be settled amicably within three weeks will be automatically referred to an arbitration body whose decision will be final and without appeal. Section 126(2) of the Labour Code provides for a punishment of imprisonment (which involves compulsory prison labour) for a period of up to six months in cases of violation or refusal to apply the provisions of the Labour Code. While noting the Government’s indication that these provisions of the Labour Code are aimed at the observance of arbitration body decisions, the Committee observed that such provisions could also be applied to workers in a manner which exposes them to sanctions involving compulsory labour. Nonetheless, the Committee also noted the Government’s indication that a new draft Labour Code had been finalized and prepared for submission to the competent authorities for adoption.

The Committee notes the Government’s statement that the new Labour Code has yet to be adopted. In this regard, the Committee must once again recall that Article 1(d) of the Convention prohibits the use of any form of forced or compulsory labour, as a punishment for having participated in strikes. The Committee refers in this connection to the explanations contained in paragraph 315 of its 2012 General Survey on the fundamental Conventions concerning rights at work, in which it has considered that, regardless of the legality of the strike action, both in legislation and in practice, no sanctions involving compulsory labour should be imposed for the mere fact of organizing or peacefully participating in strikes. The Committee therefore requests the Government to take the necessary measures to ensure that the draft Labour Code does not contain provisions providing for imprisonment (involving compulsory labour) as a punishment for the peaceful participation in strikes. It expresses the hope that the new Labour Code will be adopted in the near future, and requests the Government to provide a copy, once adopted.

Compulsory prison labour. Following its previous comments, the Committee notes the Government’s statement that an Act concerning the regulation of prisons and the treatment of prisoners was adopted in 2010. The Government indicates that section 25 of this Act of 2010 specifies that any convicted prisoner shall be required to work in productive work. The Committee requests the Government to provide a copy of the 2010 Act concerning the regulation of prisons and the treatment of prisoners, with its next report.