Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee recalls that this case has been discussed repeatedly over the years in its own observations, and by the Conference Committee on the Application of Standards which adopted a special paragraph on it in 1998. The Committee has examined allegations of abductions and trafficking of women and children, of forcible induction of children into rebel armed forces, and of children being forced to transport ammunition and supplies. In its previous comments, the Committee noted the efforts being made by the Government to investigate and to resolve the continuing allegations of slavery and slavery-like practices, particularly in the south of the country where an armed conflict is under way. The Committee asked the Government to provide various materials concerning the investigations being carried out, and details of the concrete measures taken, including cases brought to justice, and numbers of convictions, penalties and remedial measures. It notes the information contained in the Government's report and its annexes, but reiterates its previous request for detailed information on the practical measures taken and their effects.

2. The Committee also notes the comments received from the International Confederation of Free Trade Unions (ICFTU) on 28 September 1999, which were communicated to the Government on 6 October 1999 for any comments it might wish to make. This communication included substantial information compiled by Anti-Slavery International and by Christian Solidarity Worldwide which noted the positive measures outlined below, but expressed concern at continuing reports of abductions and slavery, and provided detailed information on a number of individual cases. The Government replied on 25 November 1999, in the same terms as its earlier report received on 8 October 1999. Those reports address some of the questions raised by the ICFTU in its communication.

3. The Committee notes that the UN Special Rapporteur on the Situation of Human Rights in Sudan reported to the Commission on Human Rights following a visit to the country in February 1999, that:

raids by the militia are a major source of violations of human rights. In Bahr-al-Ghazal, the Murahaleen militia (or the Mujahideen) often accompany the state-owned military supply train escorted by the Popular Defence Forces (PDF) ... According to consistent and reliable sources, the Murahaleen ... systematically raid villages, torch houses, steal cattle, kill men and capture women and children as war booty. Often, abducted women and children are taken up to the north and remain in the possession of the captors or other persons. The PDF are also said to take part in the raids. ... They follow an age-old pattern of rivalry and confrontation between the local Dinka and northern Arab nomads (belonging to the Baggara and Misseriya peoples) over grazing land and water. During fighting, both sides traditionally captured prisoners whom they reduced to slavery unless or until they were redeemed through ransom. Since the beginning of the civil war, these dying practices have been revived, allegedly with the - at least tacit - consent of the Sudanese authorities. ... (It is) difficult to establish whether regular troops also take part in the raids. According to certain accounts, the perpetrators were said to be wearing uniforms; whereas Muraheleen and other militia usually wear plain clothes. Although an auxiliary force, the PDF are directly under the control of the Sudanese authorities. (UN document E/CN.4/1999/38/Add.1, 17 May 1999, paras. 61-63).

4. Thus, the findings of the McNair report cited previously by the Government (and again communicated with the present report) that the abductions being practised by both sides are a traditional form of warfare and do not constitute slavery, must be read in the light of the findings of the UN Special Rapporteur to the effect that there is involvement in these activities of allies, or even troops, of the Government; and that if ransom is not paid these hostages continue as forced labourers or slaves.

5. In its reports, the Government condemns slavery in all its forms, stating that it is unconstitutional, illegal according to national laws and the international instruments ratified by Sudan, and morally unacceptable. The Government states that it accepts the terms of resolution 1999/15 of the United Nations Commission on Human Rights (April 1999) urging it to facilitate the safe return to their families of women and children abducted in tribal fights, and to obtain the eradication of that practice which, the Government states, "has been going on in some parts of south-west Sudan since time immemorial".

6. The Committee notes with interest that in May 1999 the Government established the Committee for the Eradication of Abduction of Women and Children (CEAWC) "with full legal powers and mandate". The Government reports that CEAWC has been working closely with the international community, and in May 1999 it held a workshop with the representatives of a number of embassies and international organizations. A second workshop was held in July 1999, with UNICEF support, to formulate a comprehensive workplan.

7. The Government also indicates that measures have begun to be put into place to implement CEAWC's mandate, including measures to compile a detailed registry of cases of abduction. Concrete results were expected by mid-September 1999 following a field mission which was expected to identify, trace and reunify 200 abducted women and children and to identify another 300 within two months. The Committee notes the Government's stated goal of completely eradicating the abduction of women and children and addressing the root causes of the problem.

8. The Committee welcomes these positive measures, and encourages the Government to pursue them actively. It hopes that the Government will be able to indicate in its next report the concrete results obtained, including the number of persons reported to have been abducted, the number freed, and any penalties which may have been imposed in application of Article 25 of the Convention.

9. The Committee also notes that there has been no direct reply by the Government to some of the points raised by the ICFTU (see paragraph 2 above) and in its own previous comments. The Committee requests a response to those comments.

10. The Committee hopes the Government will continue to provide detailed information in its next report on the measures it is taking to eliminate these practices, with priority to situations in which they may be carried out with the participation of government troops and/or its allied forces. Any situation in which there is forced or compulsory labour is contrary to the Convention, though the measures necessary to eliminate will vary depending on the root causes. Clearly the situation is exacerbated by the continuing civil conflict, and the Committee notes with interest the measures being taken to reach a settlement. The Committee therefore reiterates its deep concern about this situation, while welcoming the Government's renewed commitment to resolving it.