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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Sudan (Ratification: 1970)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Sexual harassment. The Committee recalls that section 53(f) of the Labour Code 1997, which provides that the employer may terminate the worker’s contract without notice “if he commits an offence against morals in the working place”, does not refer explicitly to sexual harassment nor provide a definition thereof. The Committee notes the Government’s indication that a recommendation, supported by the social partners, has been formulated to include clear provisions in the draft Labour Code defining and prohibiting sexual harassment. The Committee notes the observations of the Sudanese Businessmen and Employers’ Federation, submitted by the Government with its report, expressing support for the insertion of an explicit provision on sexual harassment in the draft Labour Code and indicating that protection should not be limited to section 53(f) of the current Labour Code. The Committee stresses the importance of ensuring of protection against all forms of sexual harassment (quid pro quo and hostile environment sexual harassment) and refers in this regard to paragraph 789 of its 2012 General Survey on the fundamental Conventions. The Committee hopes that the final text of the draft Labour Code will contain provisions clearly defining and prohibiting both quid pro quo and hostile environment sexual harassment, and requests the Government to provide information on any developments in this respect. The Committee further requests the Government to provide information on the application by the courts of section 53(f) of the Labour Code of 1997 regarding instances of an “offence against morals in the working place”, as well as any practical measures taken to prevent and address sexual harassment, including in cooperation with social partners.

Article 2. Equality between men and women. The Committee welcomes the extensive statistical information provided by the Government in the context of the Labour Force Survey Project 2011. The Committee notes in particular the severe gender gap in economic participation between women (25.5 per cent) and men (60.2 per cent). The percentage of women’s employment in agriculture, forestry, hunting and fishing is over 60 per cent, and even up to 80 per cent in rural areas. Women are mainly employed in wholesale and retail trade, public administration, education and human health and social work. The Committee further notes from the statistics that women’s literacy rate remains much lower than men’s and that women make up the majority of unpaid family workers (32.8 per cent compared to 5.8 per cent for men). The Committee requests the Government to provide detailed information on the measures taken or envisaged to improve women’s access to education, vocational training, and employment in a wide range of occupations, as well as any results achieved in this regard. Please include information on any measures targeting women in the informal economy and rural women. The Committee requests the Government to continue to collect and provide information on the participation of men and women in employment and occupation, including in the formal and informal economy, and in education and vocational training.

Equal opportunity. Public service. With respect to its previous comment on the recruitment process through the national and provincial selection committees in the civil service, the Committee notes the Government’s general statement that the work of the selection committees is based on qualifications and open competition without discrimination on the grounds of race, sex or geography. The Committee further notes that a National Selection Commissioner has been set up to ensure objectivity in the selection process. The Committee notes the Government’s indication that the selection committees adopt affirmative action in some cases. The Committee requests the Government to provide detailed information on the manner in which the National Selection Commissioner ensures that no discrimination exists in practice in the recruitment process on the basis of any of the grounds enumerated in the Convention, including ethnic origin and political opinion. The Committee also requests the Government to indicate the measures taken to promote women’s access to positions and jobs with opportunities for promotion and in occupations where men have been traditionally in the majority. Please provide further information on the type of affirmative action measures adopted by national or selection committees. The Committee also requests the Government to provide up-to-date statistical information disaggregated by sex and ethnicity on participation rates in all levels of the civil service.

Article 3. Measures to implement the national policy on equality of opportunity and treatment. The Committee recalls its previous requests for the Government to promote equality of opportunity and treatment in employment and occupation in the framework of a national policy. The Committee once again requests the Government to take concrete steps to adopt a national policy to promote equality of opportunity and treatment with a view to eliminating discrimination on the grounds set out by the Convention, and to provide specific information in this regard. Please indicate the measures taken for the active promotion of equality of opportunity and treatment in vocational training and employment for those categories of workers who are most vulnerable due to their ethnic origin or social status.

Enforcement. The Committee notes the Government’s indication that special courts have been set up in several regions; and that 78 specialists from the Ministry of Social Affairs, the Ministry of Education, and the social partners, have been trained in the processes of dispute resolution, reintegration and rehabilitation. It also notes that a training course was organized in May 2014 with ILO support which was attended by 50 labour inspectors from various provinces, as well as social partners and judges. The Committee further notes that the observations submitted by the Sudanese Businessmen and Employers’ Federation make reference to a need for strengthening the labour inspection in general. The Committee requests the Government to provide information on any further measures taken to improve the capacity of labour inspectors to raise awareness specifically of the principle of equality and enforce the anti-discrimination provisions of the Labour Code. The Committee also requests the Government to continue to provide information on the measures taken towards ensuring conditions necessary for the effective application of the Convention, including any measures to establish or strengthen mechanisms and procedures for redress relating to cases of discrimination in employment and occupation.