Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Other comments on C100

Direct Request

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Article 1(b) of the Convention. Legislation. The Committee recalls that the Labour Code, 1997, does not give explicit legal expression to the principle of equal pay for men and women for work of equal value, as provided in Article 1(b) of the Convention, 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 observations of the Sudanese Businessmen and Employers’ Federation, submitted by the Government with its report, that the draft of the new Labour Code includes a provision on equal remuneration for work of equal value. The Government indicates that it is making every effort to bring the national legislation into conformity with the principle of the Convention. The Committee once again 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 in the civil service. Recalling its request as to measures taken to improve access of women to a wider variety of posts in the civil service, the Committee notes the Government’s indication that women occupy managerial posts, various posts in the ministries, and account for 25 per cent of members Parliament. The Government also indicates that in some cases, the concentration of women in certain ministries and in the lower grades of the civil service is imposed by the nature of the job and the labour market. The Committee recalls that occupational gender segregation into lower paying jobs or occupations or positions without career opportunities has been identified as one of the underlying causes of the gender pay gap. Historical attitudes towards the role of women in society along with stereotypical assumptions regarding women’s aspirations, preferences and “suitability” for certain jobs have contributed to such occupational segregation in the labour market, and an undervaluation of so-called “female jobs” in comparison with jobs performed by men (see General Survey on the fundamental Conventions, 2012, paragraphs 697 and 712). The Committee therefore once again asks the Government to consider undertaking an assessment of the nature and extent of the remuneration gap that may exist in the civil service due to the concentration of women in certain ministries and in the lower grades of the civil service, and to report on the findings including information on the distribution of men and women in public service and corresponding levels of earnings. The Committee also asks the Government to continue to provide information on the measures taken to improve access of women to a wider range of posts in the civil service, especially those that attract higher pay.

Application of the principle in the private sector. The Committee notes that the Labour Force Survey Project provided by the Government includes extensive statistical data on the distribution of men and women in the various occupations but does not provide information on their corresponding levels of earnings. The Committee notes from the statistical data 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. The Sudanese Businessmen and Employers’ Federation indicates that women are employed particularly in the manufacturing, pharmaceutical and food industries. The Committee further notes from the statistical information provided, that very few women have completed vocational training. The Committee notes the Government’s statement in its second periodic report to the United Nations Committee on Economic, Social and Cultural Rights, which recognizes the presence of cultural and social factors limiting women’s aspirations to hold high positions (E/C.12/SDN/2, 18 September 2013, paragraph 146). The Committee asks 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. The Committee also asks the Government 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. Please also include measures targeting unpaid family workers and workers in the informal economy.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the indication by the Sudanese Businessmen and Employers’ Federation that recent collective agreements have included the principle of equal remuneration for work of equal value. The Committee asks the Government to continue to provide relevant extracts of collective agreements explicitly referring to the principle of the Convention, and to provide information on any other measures taken with workers’ and employers’ organizations to give effect to the principle of equal remuneration for work of equal value.