Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 25 of the Convention. In previous comments the Committee took note of information received by the UN Sub-Commission on the Prevention of Discrimination and Protection of Minorities in 1988 from the Anti-Slavery Society for the Protection of Human Rights (UN document E/CN.4/Sub.2/AC.2/1988/7/Add.1) concerning allegations of capture and trade in slaves arising in the context of civil unrest in the country. The Committee requested the Government to supply detailed comments on these allegations, and to indicate all measures taken to ensure that penalties imposed by law for the exaction of forced labour are really adequate and are strictly enforced.

The Committee notes the discussion which took place in the 1989 Conference Committee, the most recent report of the Government, and further information received by the UN Sub-Commission on the Prevention of Discrimination and Protection of Minorities in 1988 and 1989 (UN documents E/CN.4/Sub.2/1988/32 and E/CN.4/Sub.2/1989/39).

According to this information, the Anti-Slavery Society reached an understanding with the Government for a visit to the country in order to have available in 1989 more precise information. In August 1989 the Anti-Slavery Society reported to the Sub-Commission that in December 1988 agreement was reached with the Ministry of Foreign Affairs, the Attorney-General's Office and the Ministry of Justice that a mission was to be organised by the Society to visit the Sudan in order to objectively assess the validity of allegations of slavery-like practices in the country. It was also reported that subsequent political developments had not yet made it possible for such a mission to be organised, but the Anti-Slavery Society remained in contact with government officials and hoped to be in a position to report on a proposed mission to the Working Group of the Sub-Commission at its next session in August 1990.

A representative of the Government, in comments to the Conference Committee in June 1989, stated that national legislation prohibited any form of exploitation or forced labour. The Government was committed to international instruments on the prevention of slavery and the slave trade, and Sudan had been among the first African countries to ratify the UN Convention on the abolition of slavery.

The Committee notes the Government's indication in its report that sections 311-313 of the 1983 Penal Code provide sanctions for exaction of forced labour. Under section 311 whoever unlawfully compels any person to labour against the will of that person, shall be punished with whipping or fine or with imprisonment. Under section 312 whoever kidnaps or abducts any person with intent that such person may be unlawfully compelled to labour against the will of that person, shall be punished with whipping or fine and imprisonment for one year. Under section 313 whoever for money or money's worth, transfers or purports to transfer the possession or control of any person to another with intent to enable such other person to confine such person unlawfully or to compel him unlawfully to labour against his will, shall be punished with whipping and fine and imprisonment.

The Committee asks the Government to provide full information on measures taken to apply sections 311-313 of the Penal Code, including details on the number of cases in which persons have been prosecuted and/or sentenced in recent years for exacting forced labour and on the penalties imposed on those found guilty.