Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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) and 2(1) of the Convention. Abolition of forced labour practices. In its earlier comments, the Committee noted that in regions of the country where there was armed conflict, the abduction and forced labour of thousands of women and children had taken place. The Committee noted the allegations from the International Trade Union Confederation (ITUC) that there continued to be serious problems with regard to abductions for the purpose of forced labour, as well as compensation for victims of forced labour. The Committee also noted that in his 2013 report, the UN Independent Expert on the situation of human rights in the Sudan indicated that in the three areas of Abyei, South Kordofan and Blue Nile, outbreaks of fighting have led to widespread human rights violations and large-scale displacements. The Independent Expert pointed out that widespread human rights violations and large scale civilian displacements due to the persistence of fighting between the Sudanese Armed Forces (SAF) and armed opposition groups continued to occur in the region of Darfur (A/HRC/24/31, paragraphs 11 and 13). Moreover, the Committee noted the information from the Report of the Secretary-General on the African Union–United Nations Hybrid Operation in Darfur (UNAMID), of 14 October 2013, that between 1 April and 30 June 2013 there were 21 abductions in which the local civilian population was targeted, and ten such abductions between 1 July and 30 September 2013 (S/2013/607, paragraph 26). In this regard, the Committee requested the Government to take urgent measures, in accordance with the recommendations of the relevant international bodies and agencies, to put an end to all human rights violations and impunity.

The Committee notes the Government’s indication in its report that no evidence has been found regarding cases of abductions. However, the Committee notes from the 2016 report of the UN Independent Expert on the situation of human rights in the Sudan, that during the reporting period (from October 2015 to June 2016), the security situation in Darfur was marked by an escalation in fighting between Government forces and the Sudan Liberation Movement-Abdul Wahid. The Independent Expert was concerned by the detrimental effects of the conflict on civilians in the light of allegations of human rights violations and serious violations of international humanitarian law, including indiscriminate killings, destruction and burning of villages, abduction of and sexual violence against women, as well as large-scale displacement of civilians. Moreover, during the first five months of 2016, around 80,000 people were reportedly newly displaced across Darfur. An additional 142,000 people were also reportedly displaced (A/HRC/33/65, paragraphs 41 and 42). In light of the above, the Committee urges the Government to take the necessary measures to put an immediate stop to cases of abductions for the exaction of forced labour and to guarantee that the victims are fully protected from such abusive practices. The Committee also reiterates the need for the Government to take urgent measures, in accordance with the recommendations of the relevant international bodies and agencies, to put an end to all human rights violations and impunity, which would help to ensure the full observance of the Convention. Lastly, the Committee requests the Government to provide, in its next report, detailed information on measures taken in this regard.

Article 25. Penalties for the exaction of forced labour. In its previous comments, the Committee noted that special courts were established in some conflict regions to eradicate any activity involving forced labour, and that a Special Prosecutor for Darfur crimes had been appointed. The Committee also noted that in his 2013 report, the Independent Expert raised concerns about the slow pace of prosecution of the Darfur conflict-related crimes (A/HRC/24/31, paragraph 43). The Committee requested the Government to indicate the number of prosecutions undertaken by the Special Prosecutor for Darfur which relate to abductions for the exaction of forced labour, as well as the number of convictions and the nature of penalties applied.

The Committee notes the Government’s indication that with regard to the statistical information on the number of prosecutions undertaken by the Special Prosecutor for Darfur, none of the prosecutions were related to cases of abductions for forced labour. The Government also indicates that various institutions currently exist to facilitate access to justice to victims of human rights violations, including the National Human Right Commission and the High Council for Children. Recalling the importance of imposing appropriate criminal penalties on perpetrators so that recourse to forced labour practices does not go unpunished, the Committee requests the Government to take immediate and effective measures in this regard. The Committee also requests the Government to provide statistical information on the number of prosecutions undertaken by the Special Prosecutor for Darfur which relate to abductions for the exaction of forced labour, as well as the number of convictions and the specific penalties applied.

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.