Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 29) sur le travail forcé, 1930 - Soudan (Ratification: 1957)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Soudan (Ratification: 2021)

Articles 1(1) and 2(1) of the Convention. Abolition of forced labour practices. 1. For many years, the Committee has been examining information concerning the practices of abduction and forced labour affecting thousands of women and children in the regions of the country where an armed conflict was under way. The Committee has pointed out on numerous occasions that these situations constitute gross violations of the Convention. These victims are forced to perform work for which they have not offered themselves voluntarily, and the work is performed under extremely harsh conditions, as well as the victims being ill-treated in ways which may include torture and death. In its earlier comments, the Committee considered that the scope and gravity of the problem were such that it was necessary to take urgent action that was commensurate in scope and systematic. The Government was therefore requested to provide detailed information on the measures taken to combat the practice of forced labour through abduction of women and children and to ensure that, in accordance with the Convention, penal sanctions are imposed on perpetrators.

2. The Committee has noted with interest the adoption in 2005 of the Interim National Constitution, which followed the signing of the Comprehensive Peace Agreement in January 2005. The Committee notes with interest that Part Two of the Interim National Constitution contains the Bill of Rights which promotes the human rights and fundamental freedoms, and that Article 30 of the Interim National Constitution specifically prohibits slavery and forced or compulsory labour.

3. The Committee has taken note of the Government’s report received in October 2006 and of the summary reports of activities of the Committee for the Eradication of Abduction of Women and Children (CEAWC) supplied in November 2005 and October 2006, as well as of the discussion that took place in the Conference Committee on the Application of Standards in June 2005. It has also noted the observations dated 6 September 2005, received from the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation), concerning the application of the Convention by Sudan, as well as the Government’s reply to these observations.

Conference Committee on the Application of Standards. 4. The Committee has noted that, in its conclusions adopted in June 2005, the Conference Committee observed the convergence of allegations and the broad consensus among the United Nations bodies, the representative organizations of workers and non-governmental organizations concerning the continuing existence and scope of the practices of abduction and the exaction of forced labour. The Committee noted that, while there had been positive and tangible steps, including the conclusion of the Comprehensive Peace Agreement, it was of the view that there was no verifiable evidence that forced labour had been abolished. The Committee invited the Government to avail itself of the technical assistance of the ILO and other donors to enable it to eradicate the practices identified by the Committee of Experts and to bring the perpetrators to justice. The Committee considered that only an independent verification of the situation in the country would enable it to determine that forced labour in the country had ended. The Committee decided that, in the framework of the ILO technical assistance, a full investigation of the facts be undertaken and requested the Government to provide the ILO with all the necessary assistance.

United Nations bodies. 5. The Committee notes that, in the UN Security Council resolution 1769 (2007), the Security Council noted with strong concern ongoing attacks on the civilian population and humanitarian workers and continued and widespread sexual violence. The resolution referred to the report of the Secretary-General and the Chairperson of the African Union Commission on the Hybrid operation in Darfur and the report of the Secretary-General of 23 February 2007. The resolution emphasized the need to bring to justice the perpetrators of such crimes and urged the Government of Sudan to do so and reiterated its condemnation of all violations of human rights and international humanitarian law in Darfur. The Committee also notes that, in the Decision 2/115, of the UN Human Rights Council concerning Darfur, of 28 November 2006, the Human Rights Council, while welcoming the Darfur Peace Agreement, noted with concern the seriousness of the human rights and humanitarian situation in Darfur and called on all parties to put an immediate end to the ongoing violations of human rights and international humanitarian law, with a special focus on vulnerable groups, including women and children. The Committee further notes a report on the situation of human rights in Darfur prepared by the group of experts mandated by Human Rights Council resolution 4/8 presided by the Special Rapporteur on the situation of human rights in Sudan (A/HRC/5/6, of 8 June 2007), in which the experts group shared the concern of the Council regarding the seriousness of ongoing violations of human rights and international humanitarian law in Darfur as well as the lack of accountability of perpetrators of such crimes. According to the recommendations contained in the report, all allegations of violations of human rights and international humanitarian law must be duly investigated and perpetrators must be promptly brought to justice (paragraph 43(h)).

Comments from workers’ organizations. 6. In the observations of 2005 referred to above, the ICFTU welcomed the fact that the Government had finally recognized the scale of the problem in its statement to the Conference Committee in June 2005 and, in particular, the Government’s indications that the CEAWC had successfully resolved, through documentation, retrieval and reunification measures, 11,000 cases of abductions. However, the ICFTU expressed concern about the assistance and reintegration of these individuals into Sudanese society. While welcoming the positive developments, such as the signing of the Comprehensive Peace Agreement and the adoption of the Interim National Constitution, which provided a historic opportunity for the Government to resolve the issue of abduction and forced labour once and for all, the ICFTU expressed the view that it would not automatically lead to an end to abductions, exaction of forced labour and associated human rights violations, as events in Darfur had demonstrated. It also referred in this connection to the information concerning widespread and systematic cases of sexual slavery and forced prostitution, and called on the Government to ensure that such crimes are prosecuted and punished severely. The ICFTU believed that the impunity that those responsible for abductions and the exaction of forced labour have enjoyed – illustrated by the absence of any prosecutions for abductions in the last 16 years – contributed to the continuation of this practice throughout the civil war and more recently in Darfur. Finally, the ICFTU strongly supported a recommendation made by the Conference Committee that “only an independent verification of the situation in the country would enable it to determine that forced labour in the country had ended” and urged the Government to fully support and provide assistance to the ILO investigation on abductions in Sudan.

Government’s response. 7. In its 2006 report, the Government confirms its strong and continued commitment to completely eradicate the phenomenon of abductions and to provide continued support to the CEAWC. The Government indicates that, out of 14,000 cases of abductions, the CEAWC has already successfully resolved 11,000 cases and has been able to reunify abducted persons with their families in 3,394 cases. The Government has confirmed its statement to the Conference Committee that abductions have stopped completely, which, according to the Government, has been also confirmed by the Dinka Chiefs Committee (DCC). The Government states that the workers’ concern about the assistance and reintegration of the abductees has no factual base. As regards the prosecution of perpetrators, the Government repeats its previous indications that the CEAWC has been requested by all the tribes concerned including the DCC not to resort to legal action, unless the amicable efforts of the tribes are not successful. It also states that, within the context of the comprehensive peace process, there is an argument for not pursuing prosecutions against those responsible for abductions and forced labour since 1983 (and even before) in the spirit of national reconciliation.

8. While noting the Government’s renewed commitment to resolve the problem, as well as the progress achieved by the CEAWC in the liberation of abductees, the Committee strongly urges the Government to pursue its efforts with vigour in order to resolve the remaining cases of abductions and reintegrate the victims, thus putting an end to the long-standing and large-scale practice of the exaction of forced labour through abduction of women and children. The Committee refers again to the broad consensus among the United Nations bodies, the representative organizations of workers and non-governmental organizations concerning the continuing existence and scope of the violations of human rights and international humanitarian law in certain regions of the country. The Committee trusts that the Government will take urgent measures, in accordance with the recommendations of the relevant international bodies and agencies, to put an end to all human rights violations, which would help to create better conditions for the full observance of the forced labour Conventions.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. 9. In its earlier comments, the Committee referred to a criminal code provisions punishing the offence of abduction with penalties of imprisonment, and requested the Government to take measures to ensure that, in accordance with the Convention, penal sanctions are imposed on perpetrators. While noting the Government’s view expressed in the report that, within the context of the comprehensive peace process, there is an argument for not pursuing prosecutions against those responsible for abductions and forced labour in the spirit of national reconciliation, the Committee again draws the Government’s attention to the provision of Article 25 of the Convention. This Article provides that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced”. The Committee considers that the non-application of penal sanctions to perpetrators is contrary to this provision of the Convention and will have the effect of ensuring impunity for abductors who exploit forced labour. The Committee therefore trusts that the necessary measures will be taken to ensure that legal proceedings are instituted against perpetrators, particularly against those unwilling to cooperate, and penal sanctions are imposed on persons convicted of having exacted forced labour, as required by the Convention. The Committee requests that the Government provide, in its next report, information on the application in practice of the penal provision punishing the offence of abduction, as well as the provisions punishing kidnapping and the exaction of forced labour (sections 161, 162 and 163 of the Criminal Code), supplying sample copies of the relevant court decisions.

[The Government is asked to supply full particulars to the Conference at its 97th Session and to reply in detail to the present comments in 2008.]