Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Labour Inspection Convention, 1947 (No. 81) - Sudan (Ratification: 1970)

Other comments on C081

Observation

Direct Request

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Context and developments relating to labour inspection. In its previous comments the Committee noted that the adoption of a transitional Constitution in 2005 had resulted in the transfer of most administrative powers to the provinces (wilayats) and the revision of all Sudanese legislation so as to be in conformity with the new federal rule. The Committee notes the 2012 country analysis in the context of the United Nations Development Assistance Framework (UNDAF) for Sudan, according to which “weak governance in numerous sectors, an ineffective civil service, perceptions of corruption, inadequate grass-roots consultation and participation, and a lack of data to formulate and monitor policies and their impact all drain the system of resources needed for development. Issues of poor coordination within and among core institutions and between the centre and the decentralized level are core obstacles to effective development.” (page 40). The report proposes that the support provided in the context of UNDAF should focus on four main areas, including governance, the rule of law and basic services (pages 74–75).

The Committee notes that the Government makes no further reference to the communication of a new draft Labour Code to the ILO for comments, and indicates that the Code is being revised and that a copy of it will be sent to the Office, once it has been adopted by the National Assembly. The Committee reminds the Government that it may avail itself of technical assistance from the ILO with a view to strengthening the labour inspectorate and adopting legislation that is in conformity with the provisions of the Convention, in the context of the objectives laid down in UNDAF. It requests the Government to provide information in its next report on any formal steps taken in this regard and, if the abovementioned assistance has been received in the meantime, to indicate the results achieved.

Article 4(1) and (2) of the Convention. Labour inspection under the supervision and control of a central authority. The Committee notes the Government’s indication that the Ministry of Labour has been reorganized and a public department of labour inspection and labour legislation has been established with a view to greater efficiency, in accordance with the provisions of the Convention and the conclusions of the resolution of the International Labour Conference concerning labour administration and labour inspection adopted in June 2011. The Committee recalls that the resolution states that: “labour inspection is a public function and is at the core of effective labour law with wide powers and functions, including enforcement and sanctions that should be sufficiently dissuasive to deter violations of labour legislation while also providing corrective, developmental and technical advice, guidance, prevention tools and promoting workplace best practices. These functions should be regulated and balanced as part of a comprehensive compliance strategy in order to ensure decent working conditions and a safe working environment.” The Committee requests the Government to provide in its next report an organizational chart of the Public Department of Labour Inspection and the legislative texts by which it is established. The Government is also requested to send an up-to-date list of regional and local labour inspection structures at labour offices and also information on their available resources for action.

Article 5(a). Cooperation between the inspection services and the judicial system. According to the Government’s report, no cases relating to labour inspection have been brought before the courts. However, the Government indicated in its previous report that some cases were referred to the courts after measures taken by labour inspectors, consisting of advice, warning or reprimands, had all failed. The court had issued its judgement, imposing a fine and a sentence of imprisonment. The Committee further notes that, according to the UNDAF country analysis (page 34), “the justice sector has been severely degraded in some areas of the country, such as Darfur” and “awareness of the right to justice remains very low, necessitating further support to adoption of public policies addressing access to justice for the poor and marginalized”. Referring to its 2007 general observation, the Committee requests the Government to indicate the measures taken to strengthen cooperation between the labour inspection system and the judicial system and to secure from the judicial authorities the diligence and substantive treatment which should be given to infringement reports drawn up by labour inspectors, and to disputes concerning the same fields which are directly submitted to them by workers or their organizations.

The Committee also requests the Government once again to provide the ILO with copies of extracts from court decisions issued for violations of the legislation relating to conditions of work, and also information on the effective implementation of these decisions in practice and on their impact with regard to observance of the applicable legislation.

Article 7(3). Adequate training for labour inspectors for the performance of their duties. The Committee notes that the Government is requesting assistance from the ILO with regard to training for labour inspectors. It hopes that this assistance will be provided in the near future and requests the Government to indicate the measures taken to submit an official request to this effect and also the results achieved.

Articles 19, 20 and 21. Preparation, publication and communication to the ILO of an annual report. The Committee notes that the Government emphasizes the importance of publication of the annual labour inspection report. Referring to its general observation of 2010, the Committee recalls that, when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. The Committee requests the Government to take the necessary steps to ensure that an annual labour inspection report, containing information on all the points covered by Article 21, is drawn up and published as soon as possible and requests it to send a copy to the ILO.