Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

A Government representative, in reference to the point made by the Committee of Experts on the suspension of the Constitution, stated that the Constitution was suspended by the National Salvation Government in June 1989 in accordance with Provisional Constitutional Decree No. 1. This Decree proclaimed a state of emergency which was required in his country due to an armed conflict in vast areas in the south and the west. In addition to the political instability, there were also other factors such as the drought and refugee movements. The state of emergency was necessary to bring back peace and security and public order and to initiate the recovery of the nation. He affirmed that the state of emergency had been partially lifted as conditions improved and that it would be totally lifted soon. The National Salvation Government was attempting to set up a system based on democracy and free popular participation through elections. These new grass-root elections had been started in provinces which held their own conferences which in turn were held to elect representatives in a totally free manner up to the highest legislative authority in the country. This authority would soon prepare the Constitution and the legislation of the country. With regard to Constitutional Decree No. 2 of 1989, which dissolved political parties and initiated other measures to reinstall public order in the country, the speaker indicated that any Government attempting to consolidate power would have needed to adopt such a decree. Moreover, the National Salvation Government had also striven to reconstitute the legislative and executive authorities and the trade unions. The delegation of trade unions had continued to participate in the ILO since the revolution. The trade unions had also participated in the preparation of the labour law of 1992 which respected international labour standards. This Labour Code was sent to the ILO in a letter dated 9 April 1992. According to this new Labour Code, the trade union movement in Sudan was preparing its elections which would start in the various regions of Sudan around August 1992. The speaker indicated that his country would welcome any representative of the ILO to be present at the elections of the trade unions as an observer in order to see the legality of these elections. The speaker further added that his Government had released all political prisoners who had been taken since April 1991. Both the ILO and the United Nations Human Rights Commission had been informed of this in February 1992. There were no political prisoners in Sudan now, only those who had been accused and found guilty of offences. The Industrial Relations Act of 1976 referred to by the Committee of Experts, was being reconsidered in order to ensure its compatibility with ILO standards especially with regard to arbitration and the right of the Minister to send any dispute to arbitration without consultations with the parties concerned. This right, however, was only exercised in the case of essential services whose stoppage could damage the health and security of the population. The speaker finally assured the Committee that his Government would take full account of what was said by it and by the Committee of Experts.

The Employers' members recalled that, in the view of the Experts, there were a number of provisions which were at variance with Sudan's obligations under the Convention. The cause of this was a state of emergency in the country which had begun in 1987 and which was extended in 1989 and which led to considerable restrictions in many areas, including labour relations. Considerable penalties including forced labour in the event of infringements of the prohibitions under the state of emergency, were imposed by the Government. Although the Government representative had suggested that there had been a gradual relaxation of the state of emergency and that a new labour law was being drafted which would introduce important changes in the area of labour relations, it was clear that, at the moment, labour relations were considerably impaired. The Employers' members expressed their regret at the present situation and hoped for a change at the earliest possible moment.

The Workers' members considered it important to state that the nature and duration of measures taken in an emergency such as the suppression of fundamental freedom and rights, if enforced by sanctions involving forced labour, should be strictly limited to circumstances where the life, safety and health of the population were endangered. The Workers' members referred to the point of the Committee of Experts' observation concerning the provision under the Industrial Relations Act of 1976 which provided that participation in strikes was punishable with imprisonment involving compulsory labour whenever the Minister decided to submit the dispute to compulsory arbitration. They felt that the Government should give full details to the Committee of Experts in its report in this respect. Although the Committee of Experts admitted that referral to compulsory arbitration was admissible in essential services, the interruption of which would endanger the safety and health of the population, it stated, however, that, according to the text of the the Act itself, compulsory arbitration could be deemed "necessary" under the Act in a much wider range of circumstances than was envisaged under the Convention. It would be appropriate if the Government gave full details to the Committee of Experts since the issue of what was meant by "essential services" was a very delicate matter and the Government could use this as an argument for exceptions under the terms of the Convention. Moreover, the Committee of Experts had stated that the Constitutional Decree No. 2 of 1989 imposed a prohibition on any strike save by special permission. What was not clear was whether this Decree had been repealed by the text of the Labour Act that was submitted to the ILO in a letter of early 1992. The Workers' members wanted to know whether this Labour Act was indeed in operation or whether it was just a draft Bill.

The Workers' member of Sudan indicated that the Labour Act of 1992 had come into force on 20 February 1992. He confirmed that Workers' representatives had participated in the drafting of that Labour Act. The draft Bill was placed before a tripartite commission and it went through the usual procedure and ended up with the authorities who took the final decision. The speaker further referred to figures of surplus grain production which he stated were a pretty conclusive demonstration of the fact that there was no forced labour since such high figures could not be achieved in those circumstances. Moreover, in Sudan the whole population mobilised itself in situations of natural catastrophe and those volunteers who lent a hand received a certain quantity of compensation in kind.

The Government representative assured the Committee that the 1992 Labour Act was actually a law in force. He appreciated the intervention of the Employers' members, expressing hope that the state of emergency would soon be lifted and assured the Committee that his Government was working very hard to attain this objective. With regard to the Industrial Relations Act of 1976, the question as to the exact definition of what was essential and what was not would be communicated by his Government to the Committee of Experts.

The Committee took note of the information supplied by the Government which referred to the political unrest and the state of emergency existing in the country. The Committee recalled first of all that the state of emergency was in force already for more than ten years. It pointed out that, under the Convention, the nature and duration of the measures taken in an emergency, if enforced by sanctions involving compulsory labour, should be strictly limited to what was considered absolutely indispensable to cope with real and immediate circumstances endangering the life, safety or health of the population. It urged the Government to consider its position on these points and report full particulars to the ILO in the very near future.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Supply of legislation. The Committee requests the Government once again to supply copies of the legislation in force concerning freedom of association, assembly and expression of political opinion, in order to enable the Committee to assess their conformity with the Convention. Please also supply copies of the amendments to the Criminal Procedures Act of 1991, passed by the National Assembly on 20 May 2009, to which a reference is made in the observation under the Convention.

Article 1, subparagraph a, of the Convention. Punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform prison labour) could be imposed under sections 50, 66 and 69 of the Criminal Act (committing an act with the intention of destabilizing the constitutional system, publication of false news with the intention of harming the prestige of the State and committing an act intended to disturb public peace and tranquility). The Committee recalls that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour, including compulsory prison labour, as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It also points out that the protection conferred by the Convention is not limited to activities expressing or manifesting opinions diverging from established principles; even if certain activities aim to bring about fundamental changes in state institutions, such activities are covered by the Convention, as long as they do not resort to or call for violent means to these ends.

Referring to its observation under the Convention, in which it noted the Government’s indications that the Sudanese Parliament is in the process of revising the whole body of the Sudanese legislation in order to bring it into conformity with the Comprehensive Peace Agreement and the Interim National Constitution, the Committee trusts that the necessary measures will soon be taken with a view to bringing legislation into conformity with the Convention. It requests the Government to provide, in its next report, information on the progress made in this regard.

Article 1, subparagraph d. Punishment for having participated in strikes. For a number of years, the Committee has been referring to sections 112, 119 and 120 of the 1997 Labour Code, which specify that labour disputes which cannot be settled amicably within three weeks will be automatically referred to an arbitration body whose decision will be final and without appeal. Section 126(2) provides for a punishment of imprisonment (which involves compulsory prison labour) for a period of up to six months in cases of violation or refusal to apply the provisions of the Code.

The Committee recalls that restrictions on the right to strike, if enforced with sanctions involving compulsory labour, are incompatible with Article 1(d) of the Convention. The Committee previously noted the Government’s view that these provisions of the Labour Code are aiming at the observance of an arbitration body decisions, but observed that such provisions could also be applied to workers in a manner which exposes them inappropriately to sanctions involving forced labour.

Referring also to its 2008 observation addressed to the Government under Convention No. 98, likewise ratified by Sudan, the Committee expresses the firm hope that the necessary measures will be taken, in connection with the adoption of the new Labour Code, to amend the above provisions so as to ensure that sanctions involving compulsory labour cannot be used to punish participation in strikes, in order to bring legislation into conformity with the Convention. The Committee requests the Government to indicate the progress made with regard to the adoption of the new Labour Code and to provide a copy, as soon as it is adopted.

Compulsory prison labour. The Committee previously noted the Government’s indication in its earlier report that, according to the Prison Regulations of 1999, there is no compulsory labour in prisons and work is optional for prisoners. It requests the Government once again to supply a copy of the 1999 Prison Regulations with its next report, so as to enable the Committee to ascertain whether national legislation is compatible with the Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1(a) and (d) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views and for having participated in strikes. For a number of years, the Committee has been referring to certain provisions of the Criminal Act and the Labour Code, under which penalties of imprisonment (involving an obligation to work under the Prison Regulations, Chapter IX, section 94, and the 1997 Regulations concerning the organization of work in prisons, Chapter XIII, section 38(6)) may be imposed in circumstances falling within the scope of the Convention.

The Committee previously noted the adoption of the Interim National Constitution of 2005, which contains the Bill of Rights promoting the human rights and fundamental freedoms. The Committee also noted the Government’s indication in its previous report that a draft Labour Law had been finalized and prepared for submission to the competent authorities for adoption. The Government indicates in its latest report that the Sudanese Parliament is engaged at present in revising the whole body of the Sudanese legislation in order to bring it into conformity with the spirit and the letter of the Comprehensive Peace Agreement and the Interim National Constitution. It also indicates that, should any law or practice be contrary to the spirit of ratified Conventions and the National Constitution, the latter shall constitute the reference to be consulted, while continuous and sustained efforts shall be made to amend such law or abolish such practice.

The Committee notes a report of the Special Rapporteur on the situation of human rights in the Sudan (A/HRC/11/14, June 2009), in which the Special Rapporteur expressed concern about reform of the Criminal Act, the Criminal Procedures Act and the Press and Printed Materials Bill and urged the Government to guarantee their full compatibility with Sudan’s international human rights obligations, the Interim National Constitution and the Comprehensive Peace Agreement. Thus, the Special Rapporteur noted that one of the amendments to the 1991 Criminal Procedures Act, passed by the National Assembly on 20 May 2009, gives powers to State Governors or Commissioners to issue orders prohibiting or restricting the organization of public meetings, which is not in conformity with the guarantees of freedom of assembly and association enshrined in the Interim National Constitution and the Comprehensive Peace Agreement.

The Committee also takes note of the situation regarding human rights in the Sudan as described in the report of the Special Rapporteur on the situation of human rights in the Sudan referred to above, in which the Special Rapporteur observed that, despite some positive steps in the area of law reform, improvement of the human rights situation on the ground continues to remain a significant challenge, particularly in Darfur, where human rights violations and breaches of international humanitarian law continued to be committed by all parties, but also in other parts of the country. The Special Rapporteur recommended, in particular, that the Government should ensure that human rights defenders, humanitarian workers, parliamentarians, members of political opposition, journalists and other civil society members were not arbitrarily detained or ill-treated by State agents on account of their work, opinions or peaceful assembly.

The Committee hopes that, as a result of the legislative reform, the national criminal and labour legislation will be brought into conformity with the Convention and asks the Government to keep the ILO informed about the progress made in this regard and to supply a copy of the new legislative acts, as soon as they are adopted. The Committee observes the importance for the effective respect of the Convention of the legal guarantees regarding freedom of assembly, expression, demonstration and association; it expresses the firm hope that the Government will take urgent measures, in accordance with the recommendations of the relevant international bodies and agencies, to put an end to all human rights violations, which would help to create better conditions for the full observance of the forced labour Conventions.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(a) of the Convention. Punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform prison labour) could be imposed under sections 50, 66 and 69 of the Penal Code (committing an act with the intention of destabilizing the constitutional system, publication of false news with the intention of harming the prestige of the State and committing an act intended to disturb the peace). The Committee recalled that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour, including compulsory prison labour, as a means of political coercion or education or as a punishment for holding or expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee refers in this connection to the explanations contained in paragraphs 152–155 of its General Survey of 2007 on the eradication of forced labour, where it has pointed out that that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. But the Committee has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee also recalls that the protection conferred by the Convention is not limited to activities expressing or manifesting opinions diverging from established principles; even if certain activities aim to bring about fundamental changes in state institutions, such activities are covered by the Convention, as long as they do not resort to or call for violent means to these ends. The Committee hopes that the necessary measures will be taken with a view to bringing legislation into conformity with the Convention, and that the Government will provide, in its next report, information on the progress made in this regard.

Article 1(d). Punishment for having participated in strikes. For a number of years, the Committee has been referring to sections 112, 119 and 120 of the 1997 Labour Code, which specify that labour disputes which cannot be settled amicably within three weeks will be automatically referred to an arbitration body whose decision will be final and without appeal. Section 126(2) provides for a punishment of imprisonment (which involves compulsory prison labour) for a period of up to six months in cases of violation or refusal to apply the provisions of the Code.

The Committee recalls, referring also to the explanations in
paragraphs 182–189 of its General Survey of 2007 on the eradication of forced labour, that restrictions on the right to strike, if enforced with sanctions involving compulsory labour, are incompatible with Article 1(d) of the Convention; only penalties (even if involving compulsory labour) imposed for participation in strikes in the civil service or other essential services in the strict sense of the term (i.e. services whose interruption would endanger life, personal safety or health of the whole or part of the population) are not covered by the Convention.

While having noted the Government’s views expressed in its earlier report that these provisions of the Labour Code are aiming at the observance of an arbitration body decisions and not at the punishment of participants in strikes, the Committee has observed that, although the provisions of the Labour Code may be “aiming” at the observance of arbitration decisions, they are still capable of being applied to workers in a manner which exposes them inappropriately to sanctions involving forced labour.

Referring also to its comments addressed to the Government under Convention No. 98, likewise ratified by Sudan, the Committee reiterates its hope that appropriate measures will be taken to amend the above provisions so as to ensure that sanctions involving compulsory labour cannot be used to punish participation in strikes, in order to bring legislation into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of the aforementioned provisions of the Labour Code in practice, particularly regarding the number of persons convicted for having refused to fulfil the decision of an arbitration body, and to supply copies of the relevant judgements.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a) and (d) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views and for having participated in strikes. For a number of years, the Committee has been referring to certain provisions of the Penal Code and the Labour Code, under which penalties of imprisonment (involving an obligation to work under the Prison Regulations, Chapter IX, section 94, and the 1997 Regulations concerning the organization of work in prisons, Chapter XIII, section 38(6)) may be imposed in circumstances falling within the scope of the Convention.

The Committee has noted the adoption in 2005 of the Interim National Constitution, which contains the Bill of Rights promoting human rights and fundamental freedoms. It has noted that the declaration of emergency was lifted in July 2005 as a result of signing of the Comprehensive Peace Agreement. The Committee has also noted the Government’s indication in its report that a draft labour law has been finalized and prepared for submission to the competent authorities for adoption. The Committee asks the Government to supply a copy of the new law, as soon as it is adopted. It also asks the Government once again to supply copies of the legislation in force concerning freedom of association, assembly, and expression of political opinion.

The Committee takes note of the situation regarding human rights in Sudan as described in Decision 2/115 of the UN Human Rights Council concerning Darfur, of 28 November 2006, in the report on the situation of human rights in Darfur prepared by the group of experts mandated by the Human Rights Council resolution 4/8 presided by the Special Rapporteur on the situation of human rights in Sudan (A/HRC/5/6, of 8 June 2007) and in the statement issued by the Special Rapporteur on the situation of human rights in Sudan, of 6 August 2007. In its Decision 2/115 referred to above, the UN Human Rights Council noted with concern the seriousness of the human rights and humanitarian situation in Darfur and called on all parties to put an immediate end to the ongoing violations of human rights and international humanitarian law. In her statement referred to above, the Special Rapporteur pointed out that, despite the potential for democratic transition and optimism created by the Interim National Constitution and the Bill of Rights, violations of civil and political rights continue, including limitations on freedom of expression. She welcomed the Government’s acknowledgement of the seriousness of the situation and strongly encouraged it to take action without delay to improve it, so that people can fully enjoy their human rights and fundamental freedoms. 

As the Committee repeatedly pointed out, it observes the importance for the effective respect of the Convention of the legal guarantees regarding freedom of assembly, expression, demonstration and association, and the direct effect which restriction of these rights, both in law and in practice, can have on the application of the Convention.

The Committee previously noted the Government’s indication in its report that, according to the Prison Regulations of 1999, there is no compulsory labour in prisons and work is optional for prisoners. It requests the Government once again to supply a copy of the 1999 Prison Regulations with its next report, so as to enable the Committee to ascertain whether national legislation is compatible with the Convention.

The Committee is addressing a more detailed request on the above matters directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(a) of the Convention. Punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform prison labour) could be imposed under sections 50, 66 and 69 of the Penal Code (committing an act with the intention of destabilizing the constitutional system, publication of false news with the intention of harming the prestige of the State and committing an act intended to disturb the peace). The Committee recalled that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour, including compulsory prison labour, as a means of political coercion or education or as a punishment for holding or expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee refers in this connection to the explanations contained in paragraphs 152–155 of its General Survey of 2007 on the eradication of forced labour, where it has pointed out that that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. But the Committee has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee also recalls that the protection conferred by the Convention is not limited to activities expressing or manifesting opinions diverging from established principles; even if certain activities aim to bring about fundamental changes in state institutions, such activities are covered by the Convention, as long as they do not resort to or call for violent means to these ends. The Committee hopes that the necessary measures will be taken with a view to bringing legislation into conformity with the Convention, and that the Government will provide, in its next report, information on the progress made in this regard.

Article 1(d). Punishment for having participated in strikes. For a number of years, the Committee has been referring to sections 112, 119 and 120 of the 1997 Labour Code, which specify that labour disputes which cannot be settled amicably within three weeks will be automatically referred to an arbitration body whose decision will be final and without appeal. Section 126(2) provides for a punishment of imprisonment (which involves compulsory prison labour) for a period of up to six months in cases of violation or refusal to apply the provisions of the Code.

The Committee recalls, referring also to the explanations in
paragraphs 182–189 of its General Survey of 2007 on the eradication of forced labour, that restrictions on the right to strike, if enforced with sanctions involving compulsory labour, are incompatible with Article 1(d) of the Convention; only penalties (even if involving compulsory labour) imposed for participation in strikes in the civil service or other essential services in the strict sense of the term (i.e. services whose interruption would endanger life, personal safety or health of the whole or part of the population) are not covered by the Convention.

While having noted the Government’s views expressed in its earlier report that these provisions of the Labour Code are aiming at the observance of an arbitration body decisions and not at the punishment of participants in strikes, the Committee has observed that, although the provisions of the Labour Code may be “aiming” at the observance of arbitration decisions, they are still capable of being applied to workers in a manner which exposes them inappropriately to sanctions involving forced labour.

Referring also to its comments addressed to the Government under Convention No. 98, likewise ratified by Sudan, the Committee reiterates its hope that appropriate measures will be taken to amend the above provisions so as to ensure that sanctions involving compulsory labour cannot be used to punish participation in strikes, in order to bring legislation into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of the aforementioned provisions of the Labour Code in practice, particularly regarding the number of persons convicted for having refused to fulfil the decision of an arbitration body, and to supply copies of the relevant judgements.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(a) and (d) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views and for having participated in strikes. For a number of years, the Committee has been referring to certain provisions of the Penal Code and the Labour Code, under which penalties of imprisonment (involving an obligation to work under the Prison Regulations, Chapter IX, section 94, and the 1997 Regulations concerning the organization of work in prisons, Chapter XIII, section 38(6)) may be imposed in circumstances falling within the scope of the Convention.

The Committee has noted the adoption in 2005 of the Interim National Constitution, which contains the Bill of Rights promoting human rights and fundamental freedoms. It has noted that the declaration of emergency was lifted in July 2005 as a result of signing of the Comprehensive Peace Agreement. The Committee has also noted the Government’s indication in its report that a draft labour law has been finalized and prepared for submission to the competent authorities for adoption. The Committee asks the Government to supply a copy of the new law, as soon as it is adopted. It also asks the Government once again to supply copies of the legislation in force concerning freedom of association, assembly, and expression of political opinion.

The Committee takes note of the situation regarding human rights in Sudan as described in Decision 2/115 of the UN Human Rights Council concerning Darfur, of 28 November 2006, in the report on the situation of human rights in Darfur prepared by the group of experts mandated by the Human Rights Council resolution 4/8 presided by the Special Rapporteur on the situation of human rights in Sudan (A/HRC/5/6, of 8 June 2007) and in the statement issued by the Special Rapporteur on the situation of human rights in Sudan, of 6 August 2007. In its Decision 2/115 referred to above, the UN Human Rights Council noted with concern the seriousness of the human rights and humanitarian situation in Darfur and called on all parties to put an immediate end to the ongoing violations of human rights and international humanitarian law. In her statement referred to above, the Special Rapporteur pointed out that, despite the potential for democratic transition and optimism created by the Interim National Constitution and the Bill of Rights, violations of civil and political rights continue, including limitations on freedom of expression. She welcomed the Government’s acknowledgement of the seriousness of the situation and strongly encouraged it to take action without delay to improve it, so that people can fully enjoy their human rights and fundamental freedoms. 

As the Committee repeatedly pointed out, it observes the importance for the effective respect of the Convention of the legal guarantees regarding freedom of assembly, expression, demonstration and association, and the direct effect which restriction of these rights, both in law and in practice, can have on the application of the Convention.

The Committee previously noted the Government’s indication in its report that, according to the Prison Regulations of 1999, there is no compulsory labour in prisons and work is optional for prisoners. It requests the Government once again to supply a copy of the 1999 Prison Regulations with its next report, so as to enable the Committee to ascertain whether national legislation is compatible with the Convention.

The Committee is addressing a more detailed request on the above matters directly to the Government.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 1(a) and (d) of the Convention. In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to work under the Prison Regulations, Chapter IX, section 94, and the 1997 Regulations concerning the organization of work in prisons, Chapter XIII, section 38(6)) may be imposed under the following provisions of the national legislation falling within the scope of the Convention: sections 112, 119, 120 and 126(2) of the Labour Code of 1997 (compulsory arbitration) and sections 50, 66 and 69 of the Penal Code (committing an act with the intention of destabilizing the constitutional system, publication of false news with the intention of harming the prestige of the State and committing an act intended to disturb the peace).

The Committee referred to the effect that the declaration of emergency and the suspension of the guarantees set forth in the Convention could have on its application. While noting the Government’s indication in the report that the declaration of emergency was expected to be lifted after the signature of the Peace Accords, the Committee observes that the declaration of emergency proclaimed in December 1999 has remained in force in 2004.

The Committee takes note of the situation regarding human rights in the Sudan as described in the decision of the UN Commission on Human Rights 2004/128 of 23 April 2004 "Situation of human rights in the Sudan" (E/CN.4/DEC/2004/128), in the Report of the Representative of the Secretary-General on internally displaced persons "Mission to the Sudan - The Darfur crisis" (E/CN.4/2005/8, of 27 September 2004) and in the Report of the UN High Commissioner for Human Rights on a situation of human rights in the Darfur region of the Sudan (E/CN.4/2005/3). In its decision 2004/128 on the situation of human rights in the Sudan referred to above, the UN Commission on Human Rights expressed its deep concern about the situation in the Sudan, and in particular in Darfur - Western Sudan, and called upon the Government to actively promote and protect human rights and international humanitarian law throughout the country.

As the Committee repeatedly pointed out, it observes the importance for the effective respect of the Convention of the legal guarantees regarding freedom of assembly, expression, demonstration and association, and the direct effect which restriction of these rights can have on the application of the Convention.

The Committee has noted the Government’s indication in its report that, according to the Prison Regulations of 1999, there is no compulsory labour in prisons and work is optional for prisoners. It requests the Government to supply a copy of the 1999 Prison Regulations with its next report, so as to enable the Committee to ascertain whether national legislation is compatible with the Convention.

The Committee has also noted the Government’s statement that the comments by the ILO supervisory bodies on the application of the Convention had been submitted to a committee in charge of the amendments of the 1997 Labour Code, which finished its deliberations and submitted the new draft Code. The Committee would appreciate it if the Government would supply a copy of the new Code, as soon as it is adopted. It also asks the Government once again to supply copies of the legislation in force concerning freedom of association, assembly, and expression of political opinion.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s reply to its earlier comments.

Article 1(d) of the Convention. The Committee previously noted that sections 112, 119 and 126(2) of the Labour Code of 1997 specify that labour disputes which cannot be settled amicably within three weeks will be automatically referred to an arbitration body whose decision will be final and without appeal. Section 126(2) provides for a punishment of imprisonment for a period of up to six months in cases of violation or refusal to apply the provisions of the Code. According to the prison regulations, Chapter IX, section 94, prison labour is compulsory for convicted prisoners. The Committee also noted that the abovementioned provisions reinstate those of the Industrial Relations Act, 1976 (repealed by the Code), which were the subject of earlier comments.

The Government indicates in its report that these provisions of the Labour Code are aiming at the observance of an arbitration body decisions (which are in general directed to employers and not to workers) and not at the punishment of participants in strikes. The Government also states that the penalties specified in section 126(2) have not been applied in practice.

While noting these indications in the Government’s report, the Committee observes that, although the provisions of the Labour Code may be "aiming" at the observance of arbitration decisions, they are still capable of being applied to workers in a manner which exposes them inappropriately to sanctions involving forced labour.

The Committee recalls, referring to the explanations in paragraph 123 of its 1979 General Survey on the abolition of forced labour, that restrictions on the right to strike, if enforced with sanctions involving compulsory labour, are incompatible with Article 1(d) of the Convention; only penalties (even if involving compulsory labour) imposed for participation in strikes in the civil service or other essential services in the strict sense of the term (i.e. services whose interruption would endanger life, personal safety or health of the whole or part of the population) are not covered by the Convention.

Referring also to its comments addressed to the Government under Convention No. 98, likewise ratified by Sudan, the Committee expresses the hope that appropriate measures will be taken to amend the above provisions so as to ensure that sanctions involving compulsory labour cannot be used to punish participation in strikes, in order to bring legislation into conformity with the Convention and the indicated practice. Pending the adoption of such measures, the Committee asks the Government to continue to provide information on the application of the aforementioned provisions of the Labour Code, particularly regarding the number of persons convicted for having refused to fulfil the decision of an arbitration body, and to supply copies of the relevant judgements.

Article 1(a). In its earlier comments, the Committee referred to the effect that the declaration of emergency and the suspension of the guarantees set forth in the Convention could have on its application. The Committee notes that the declaration of emergency proclaimed in December 1999 is still in force.

The Committee took note of the situation regarding human rights in Sudan as presented by the United Nations Special Rapporteur of the Commission on Human Rights (UN document A/55/374 of 11 September 2000). It also noted that the United Nations Committee on Economic, Social and Cultural Rights expressed concern that "some restrictions on the freedoms of religion, expression and association and peaceful assembly still exist ..." (E/C.12/1/Add.48 of 1 September 2000).

The Committee previously noted that sentences of imprisonment (involving compulsory prison labour) may be imposed under the following Penal Code provisions: section 50 (committing an act with the intention of destabilizing the constitutional system), section 66 (publication of false news with the intention of harming the prestige of the State) and section 69 (committing an act intended to disturb the peace).

The Committee recalled that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour including compulsory prison labour as a means of political coercion or education or as a punishment for holding or expressing certain political views or views ideologically opposed to the established political, social or economic system.

The Government states in its report that, since the declaration of emergency, freedom of association has not suffered at all, and trade unions fully exercised their freedom of expression, activities and peaceful assembly.

While noting this indication, the Committee recalls that the protection conferred by the Convention is not limited to the trade unions activities. As the Committee previously pointed out, it observes the importance for the effective respect of the Convention of the legal guarantees regarding freedom of assembly, expression, demonstration and association, and the direct effect which restriction of these rights can have on the application of the Convention.

The Committee again asks the Government to supply copies of the legislation in force concerning freedom of association, assembly and expression of political opinion, as well as the National Security Emergency Decree or any other provisions adopted pursuant to the declaration of emergency. It also renews its request to the Government to indicate whether the legislation exempts persons convicted for their political views from the obligation to perform prison labour.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(d) of the Convention. The Committee notes that sections 112, 119 and 126(2) of the Labour Code of 21 June 1997 specify that labour disputes which cannot be settled amicably within three weeks will be automatically referred to an arbitration body whose decision will be final and without appeal. Section 126(2) provides for a punishment of imprisonment for a period of up to six months in cases of violation or refusal to apply the provisions of the Code. According to the prison regulations, Chapter IX, section 94, prison labour is compulsory for convicted prisoners.

The Committee notes that the abovementioned provisions reinstate those of the Industrial Relations Act, 1976 (repealed by the Code), which were the subject of earlier comments. The Government indicated in its report that the 1976 Act had been repealed and that no sanctions had been imposed under it.

The Committee requests the Government to indicate measures taken or envisaged to ensure that sanctions involving the obligation to work cannot be used to punish participation in strikes. It requests the Government to forward information on the application of the aforementioned provisions of the Labour Code, particularly regarding the number of persons convicted for having refused to fulfil the decision of an arbitration body, and to supply copies of the relevant judgements.

  Article 1(a) of the Convention. In its earlier comments, the Committee referred to the effect that the declaration of emergency and the suspension of the guarantees set forth in the Convention could have on its application. The Committee notes that the declaration of emergency proclaimed in December 1999 is still in force.

The Committee takes note of the situation regarding human rights in Sudan as presented by the United Nations Special Rapporteur of the Commission on Human Rights (UN document A/374 of 11 September 2000). According to this report, while the declaration of emergency was not followed by wide-scale human rights violations, certain concerns remain concerning freedom of association. Moreover, the United Nations Committee on Economic, Social and Cultural Rights noted with concern that "some restrictions on the freedoms of religion, expression and association and peaceful assembly still exist ..." (E/C.12/1/Add.48 of 1 September 2000).

The Committee notes both section 50 of the Penal Code, which allows life imprisonment for whoever commits an act with the intention of destabilizing the constitutional system, and sections 66 and 69 of the same Code. Section 66 provides that whoever publishes false news with the intention of harming the prestige of the State can be sentenced to six months in prison, and section 69 provides that whoever intentionally commits an act intended to disturb the peace can be sentenced to three months in prison. As previously indicated, these sentences include the obligation to perform prison labour.

The Committee recalls that the Convention prohibits all recourse to forced or compulsory labour including compulsory prison labour as a means of political coercion or education or as a punishment for holding or expressing certain political views or views ideologically opposed to the established political, social or economic system.

The Committee also recalls that the protection conferred by the Convention is not limited to activities expressing or manifesting opinions diverging from established principles. Consequently, if certain activities aim to bring about fundamental changes in state institutions, this does not constitute a reason for considering that they escape the protection conferred by the Convention as long as they do not resort to or call for violent means to these ends.

The Committee also observes the importance for the effective respect of the Convention of the legal guarantees regarding freedom of assembly, expression, demonstration and association, and the direct effect which restriction of these rights can have on the application of the Convention. In practice it is often through the exercise of these rights that political opposition to the established system can be shown.

The Committee renews its request to the Government to forward copies of the legislation in force concerning freedom of association, assembly, and expression of political opinion, as well as the regulations adopted pursuant to the declaration of emergency. It also requests the Government to indicate whether the legislation exempts persons convicted for their political views from the obligation to perform prison labour.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Article 1(d) of the Convention.  The Committee notes that sections 112, 119 and 126(2) of the Labour Code of 21 June 1997 specify that labour disputes which cannot be settled amicably within three weeks will be automatically referred to an arbitration body whose decision will be final and without appeal. Section 126(2) provides for a punishment of imprisonment for a period of up to six months in cases of violation or refusal to apply the provisions of the Code. According to the prison regulations, Chapter IX, section 94, prison labour is compulsory for convicted prisoners.

The Committee notes that the abovementioned provisions reinstate those of the Industrial Relations Act, 1976 (repealed by the Code), which were the subject of earlier comments. The Government indicated in its report that the 1976 Act had been repealed and that no sanctions had been imposed under it.

The Committee requests the Government to indicate measures taken or envisaged to ensure that sanctions involving the obligation to work cannot be used to punish participation in strikes. It requests the Government to forward information on the application of the aforementioned provisions of the Labour Code, particularly regarding the number of persons convicted for having refused to fulfil the decision of an arbitration body, and to supply copies of the relevant judgements.

Article 1(a) of the Convention.  In its earlier comments, the Committee referred to the effect that the declaration of emergency and the suspension of the guarantees set forth in the Convention could have on its application. The Committee notes that the declaration of emergency proclaimed in December 1999 is still in force.

The Committee takes note of the situation regarding human rights in Sudan as presented by the United Nations Special Rapporteur of the Commission on Human Rights (UN document A/374 of 11 September 2000). According to this report, while the declaration of emergency was not followed by wide-scale human rights violations, certain concerns remain concerning freedom of association. Moreover, the United Nations Committee on Economic, Social and Cultural Rights noted with concern that "some restrictions on the freedoms of religion, expression and association and peaceful assembly still exist ..." (E/C.12/1/Add.48 of 1 September 2000).

The Committee notes both section 50 of the Penal Code, which allows life imprisonment for whoever commits an act with the intention of destabilizing the constitutional system, and sections 66 and 69 of the same Code. Section 66 provides that whoever publishes false news with the intention of harming the prestige of the State can be sentenced to six months in prison, and section 69 provides that whoever intentionally commits an act intended to disturb the peace can be sentenced to three months in prison. As previously indicated, these sentences include the obligation to perform prison labour.

The Committee recalls that the Convention prohibits all recourse to forced or compulsory labour including compulsory prison labour as a means of political coercion or education or as a punishment for holding or expressing certain political views or views ideologically opposed to the established political, social or economic system.

The Committee also recalls that the protection conferred by the Convention is not limited to activities expressing or manifesting opinions diverging from established principles. Consequently, if certain activities aim to bring about fundamental changes in state institutions, this does not constitute a reason for considering that they escape the protection conferred by the Convention as long as they do not resort to or call for violent means to these ends.

The Committee also observes the importance for the effective respect of the Convention of the legal guarantees regarding freedom of assembly, expression, demonstration and association, and the direct effect which restriction of these rights can have on the application of the Convention. In practice it is often through the exercise of these rights that political opposition to the established system can be shown.

The Committee renews its request to the Government to forward copies of the legislation in force concerning freedom of association, assembly, and expression of political opinion, as well as the regulations adopted pursuant to the declaration of emergency. It also requests the Government to indicate whether the legislation exempts persons convicted for their political views from the obligation to perform prison labour.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the Government's summary report and the copy of Chap. XIII of the Regulations, adopted in December 1997, concerning the organization of work in prisons and the treatment of prisoners. The Committee invites the Government to take measures in order to bring its legislation into conformity with the Convention in the matters referred to below and to indicate any developments in its next report. It also asks the Government to provide the text of the new Constitution.

2. Article 1(a) and (d) of the Convention. In its previous observations, the Committee had noted that the state of emergency was still in force in the country and that in virtue of the 1989 regulations adopted in this respect, persons convicted of offences against these regulations were subject, in certain cases, to imprisonment. The Committee also had noted that under the Constitution then in force, political parties were prohibited. The Committee notes from information provided by the Government under Convention No. 29 that recent political and constitutional developments have taken place. The Committee recalls that the Convention prohibits the use of forced or compulsory labour as a means of political coercion or education or as punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee had also noted that under the Industrial Relations Act of 1976, participation in strikes is punishable with imprisonment whenever the Ministry of Labour has decided to submit a dispute to compulsory arbitration, which results in binding awards. This situation seems to make it impossible for workers to resort legally to strike action. The Committee notes that, under section 38(6) of Chap. XIII of the Regulations of 1997 concerning the organization of work in prisons and the treatment of prisoners, any person convicted for more than six months has to execute work as listed in section 39. The Committee recalls that the Convention contains a general prohibition of the use of any form of forced or compulsory labour as a punishment for having participated in strikes.

3. Article 1(b). The Committee asked the Government to supply information on any statutory or administrative provisions applicable to compulsory service as provided for in the triennial Economic Salvation Programme. The Committee is aware that the country is still facing many difficulties. It asks the Government to indicate in its next report whether any new economic programme including compulsory service is currently applied and to give detailed information on any practical application of such service.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a) and (d) of the Convention. In its previous observations, the Committee noted that a state of emergency had been proclaimed in 1989 which extended the previous state of emergency, that the provisional Constitution of 1985 had been suspended and that persons convicted of offences against the regulations to give effect to the state of emergency of 1989 were subject, inter alia, to imprisonment. In 1994, the Committee noted that political parties remained prohibited and that a new Constitution was reported to be under examination, but had not yet been enacted. The Committee also noted previously that Constitutional Decree No. 2 of 1989 imposed a prohibition on any strike, save by special permission and that under the Industrial Relations Act of 1976, participation in strikes is punishable with imprisonment whenever the Ministry of Labour has decided to submit a dispute to compulsory arbitration; under section 17 of the Act, the Minister, may, whenever he deems it necessary, refer the dispute to an arbitration tribunal whose award is final and without appeal. Noting that under Chapter IX of the Prison Regulations 1948 (section 94) prison labour is compulsory for all convicted prisoners, the Committee had expressed the hope that the Government would take the necessary measures to ensure that penalties involving compulsory labour could not be imposed as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, or as a punishment for having participated in strikes. In its 1994 observation, the Committee had noted the Government's statement in its report received in 1993 that the Prison Regulations of 1976 abolished forced labour and that sentences involving imprisonment did not include forced or compulsory labour. The Committee accordingly requested the Government to supply a copy of the Prison Regulations currently in force. In its reply, received 18 November 1994, the Government indicated that the present Prison Regulations would be sent as soon as received from the Prison Department; in addition, a new draft of the Prison Regulations had been prepared and submitted to the competent authorities for adoption and a copy of these Regulations was to be sent as soon as adopted. The Committee notes that neither the 1976 version of the Regulations nor a revised one has been supplied so far, and that the Government makes no mention of them in its latest report. In the circumstances, the Committee is unable to ascertain that national legislation is compatible with Article 1(a) and (d) of the Convention. It again expresses the hope that the Government will supply the text of the Prison Regulations referred to earlier, as well as copies of the statutory instruments governing associations, political parties and the security of the State. Article 1(b). In its previous comments, the Committee noted the triennial Economic Salvation Programme 1990 93. Referring to the recommendation of the National Congress of Economic Salvation that compulsory national service should be afforded moral and material support in order to direct human powers into building the national economy, the Committee noted the Government's statement in its report received in 1993 that the competent services had started to take practical measures to implement the recommendation by calling up the persons to whom the requirements of compulsory service apply; the Committee requested the Government to supply details of the measures adopted with a view to giving effect to the above recommendation. In the absence of any reference to this matter in the Government's reports received in 1994 and 1995, the Committee once again requests the Government to supply full information on the call-up of "persons to whom the requirements of compulsory service apply", including the text of any applicable statutory or administrative provisions, so as to enable the Committee to ascertain that compulsory service is not being used as a means of mobilizing and using labour for purposes of economic development. Article 1(e). With regard to the Government's obligation to suppress and not to make use of any form of forced or compulsory labour as a means of racial, social, national or religious discrimination, the Committee refers to its observation under the Forced Labour Convention, 1930 (No. 29).

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee has noted the Government's reports received on 18 November 1994 and 23 October 1995.

Article 1(a) and (d) of the Convention. In its previous observations, the Committee noted that a state of emergency had been proclaimed in 1989 which extended the previous state of emergency, that the provisional Constitution of 1985 had been suspended and that persons convicted of offences against the regulations to give effect to the state of emergency of 1989 were subject, inter alia, to imprisonment. In 1994, the Committee noted that political parties remained prohibited and that a new Constitution was reported to be under examination, but had not yet been enacted.

The Committee also noted previously that Constitutional Decree No. 2 of 1989 imposed a prohibition on any strike, save by special permission and that under the Industrial Relations Act of 1976, participation in strikes is punishable with imprisonment whenever the Ministry of Labour has decided to submit a dispute to compulsory arbitration; under section 17 of the Act, the Minister, may, whenever he deems it necessary, refer the dispute to an arbitration tribunal whose award is final and without appeal.

Noting that under Chapter IX of the Prison Regulations 1948 (section 94) prison labour is compulsory for all convicted prisoners, the Committee had expressed the hope that the Government would take the necessary measures to ensure that penalties involving compulsory labour could not be imposed as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, or as a punishment for having participated in strikes.

In its 1994 observation, the Committee had noted the Government's statement in its report received in 1993 that the Prison Regulations of 1976 abolished forced labour and that sentences involving imprisonment did not include forced or compulsory labour. The Committee accordingly requested the Government to supply a copy of the Prison Regulations currently in force. In its reply, received 18 November 1994, the Government indicated that the present Prison Regulations would be sent as soon as received from the Prison Department; in addition, a new draft of the Prison Regulations had been prepared and submitted to the competent authorities for adoption and a copy of these Regulations was to be sent as soon as adopted. The Committee notes that neither the 1976 version of the Regulations nor a revised one has been supplied so far, and that the Government makes no mention of them in its latest report.

In the circumstances, the Committee is unable to ascertain that national legislation is compatible with Article 1(a) and (d) of the Convention. It again expresses the hope that the Government will supply the text of the Prison Regulations referred to earlier, as well as copies of the statutory instruments governing associations, political parties and the security of the State.

Article 1(b). In its previous comments, the Committee noted the triennial Economic Salvation Programme 1990 93. Referring to the recommendation of the National Congress of Economic Salvation that compulsory national service should be afforded moral and material support in order to direct human powers into building the national economy, the Committee noted the Government's statement in its report received in 1993 that the competent services had started to take practical measures to implement the recommendation by calling up the persons to whom the requirements of compulsory service apply; the Committee requested the Government to supply details of the measures adopted with a view to giving effect to the above recommendation.

In the absence of any reference to this matter in the Government's reports received in 1994 and 1995, the Committee once again requests the Government to supply full information on the call-up of "persons to whom the requirements of compulsory service apply", including the text of any applicable statutory or administrative provisions, so as to enable the Committee to ascertain that compulsory service is not being used as a means of mobilizing and using labour for purposes of economic development.

Article 1(e). With regard to the Government's obligation to suppress and not to make use of any form of forced or compulsory labour as a means of racial, social, national or religious discrimination, the Committee refers to its observation under the Forced Labour Convention, 1930 (No. 29).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 1(a) of the Convention. In its previous comments the Committee referred to the Prohibited Goods Ordinance of 1939 (sections 3, 6, 7 and subsection 4 of the first schedule) which are drawn up in general terms and permit the punishment of the expression of political opinions or ideological opposition to the political order. The Committee hopes that the Government will supply information on the effect given in practice to these provisions.

The Committee has noted the law of 12 April 1986 respecting certain modifications in relation to the promulgation of the Constitution, which repeals Law No. 17 of 1924 concerning illicit groupings.

The Committee requests the Government to send with its next report a copy of the provisions governing associations and political parties.

The Committee also hopes that the Government will supply a copy of the applicable provisions respecting the security of the State.

Article 1(b). In its previous comments the Committee requested the Government to supply the text of any measures taken to give effect to the recommendation of the National Congress of Economic Salvation that compulsory national service should be afforded moral and material support in order to direct human powers into building the national economy. It also requested the Government to supply the text of the triennial Economic Salvation Programme.

The Committee notes this Programme, of which the Government supplied a copy. The Committee also notes the Government's statement that the competent services have started to take practical measures to implement the recommendation by calling up the persons to whom the requirements of compulsory service apply.

The Committee would appreciate if the Government would supply a copy of the measures adopted with a view to giving effect to the above recommendation.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report.

Article 1(a) and (d) of the Convention. In its previous comments, the Committee noted that a state of emergency had been proclaimed in 1989 which extended the previous state of emergency and that the provisional Constitution of 1985 had been suspended. The Committee notes that political parties remain prohibited and that associations, such as the Sudan Bar Association have been dissolved. A new Constitution is reported to be under examination, but has not yet been enacted. The Committee previously noted that offences against the regulations to give effect to the state of emergency of 1989 are subject, inter alia, to imprisonment (involving an obligation to work under the terms of the Prison Regulations, Chapter IX).

The Committee expressed the hope that the Government would take the necessary measures to ensure that penalties involving compulsory labour could not be imposed as a means of political coercion or education or as a punishnent for holding or expressing political views or views ideologically opposed to the political, social or economic system, with particular reference to the expression of views by the press, political activities and the right of association and assembly.

The Committee also noted previously that Constitutional Decree No. 2 of 1989 imposed a prohibition on any strike, save by special permission and that under the Industrial Relations Act of 1976, participation in strikes is punishable with imprisonment (involving compulsory labour), whenever the Ministry of Labour has decided to submit a dispute to compulsory arbitration; under section 17 of the Act, the Minister may, whenever he deems it necessary, refer the dispute to an arbitration tribunal whose award was final and without appeal.

The Committee has pointed out that the suspension of the right to strike enforced by sanctions involving compulsory labour is compatible with the Convention only in so far as it is necessary to cope with cases of force majeure in the strict sense of the term, namely when the existence of the population is endangered, provided that the duration of the prohibition is limited to the period of immediate necessity. The Committee also recalled that a system of compulsory arbitration, enforceable by penalties involving compulsory labour, must be limited to essential services in the strict sense of the term to be compatible with Article 1(d) of the Convention.

The Committee notes the Government's statement in its latest report that the Prison Regulations of 1976 abolished forced labour and that sentences involving imprisonment do not include forced or compulsory labour.

The Committee requests the Government to supply a copy of the Prison Regulations which are currently in force.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(a) of the Convention. 1. In its previous comments, the Committee referred to the Prohibited Goods Ordinance of 1939 and noted certain provisions which appeared to allow the imposition of restrictions on freedom of expression under the penalty of imprisonment involving an obligation to work. It noted the Government's statement in its report of 1990 that sections 3, 6 and 7 and subsection 4 of the first table do not have the effect of restricting freedom of thought and expression but prohibit acts deemed to be contrary to public order and morality, and that their purpose is to safeguard the values protected by Sudanese society. The Government further indicates that no judicial decisions have been delivered on the subject.

As long ago as 1974 the Committee drew attention to the provisions imposing a penalty of imprisonment for up to seven years (involving an obligation to work) for the importation, possession or transfer of or trade in various articles, including any written matter or document, whether manuscript or printed or produced in any other way, likely to bring the Muslim or Christian religion into contempt or aimed at the overthrow of the Government or Constitution or inciting to disturbances or rivalry between different classes of society.

The Committee considers that these provisions are framed in general terms and permit the imposition of penalties involving compulsory labour for the expression of political views or views ideologically opposed to the political system, and that they therefore fall within the scope of the Convention (General Survey of 1979, paragraph 137).

The Committee once again asks the Government to supply information on the practical application of the provisions in question and to supply a copy of any judicial decision delivered on the subject.

2. The Committee noted the information supplied by the Government to the effect that Act No. 17 of 1924 on unlawful associations, which has been the subject of comments, has been repealed pursuant to the Act concerning various amendments connected with the promulgation of the Constitution. The Committee asks the Government to supply the text of this Act.

In its previous direct request, the Committee asked for a copy of the laws on the formation of trade unions. The Committee took note of the Act of 1989 repealing the Trade Unions of Workers Act (1987), the text of which has been supplied by the Government. It once again asks the Government to supply the texts of all laws and regulations on the workers' organizations referred to in section 3(c) of the 1989 Act.

The Committee noted further that the National Economic Congress made several recommendations, including one for revision of the law governing labour relations, individual employment relationships and organizations of workers. It once again asks the Government to communicate any text adopted on the subject.

3. Further to previous direct requests, the Committee noted the draft Act repealing the State Security Act (1973). This draft text appears to date from 1986. The Committee once again asks the Government to specify on what date the Act was repealed and to supply the repealing text in the form in which it came into force.

Article 1(b). The Committee noted that the National Congress of Economic Salvation had recommended, inter alia, that compulsory national service should be applied and afforded moral and material support in order to direct human powers into building the national economy.

The Committee once again asks the Government to indicate any measure taken, as well as to supply any related texts, to give effect to that recommendation. It also asks the Government to supply the text of the triennial economic salvation programme 1990-93 based on the recommendations of the Congress.

The Committee noted in this connection that the State of Emergency Regulations of 1989 permit substantial restrictions on fundamental rights such as the right of assembly, expression and movement and that Decree No. 2 of 1989 makes it unlawful intentionally to prevent public or private production. With reference to the General Survey of 1968 on Forced Labour, and in particular to paragraph 45, the Committee points out that, in seeking to ensure the abolition of any form of compulsory labour as a method of mobilising and using labour for purposes of economic development, the Conference was contemplating not only cases of direct coercion but also systems under which labour can be mobilized by means of indirect forms of coercion. Mention was made of coercive methods of recruitment, the imposition of restrictions on freedom of movement and various general measures implying a degree of coercion in matters of recruitment and assignment of labour which, combined with other restrictions, deprived the individual of any possibility of choosing his employment as he saw fit and of his freedom of movement.

The Committee once again asks the Government to indicate what measures it intends to take to ensure compliance with the Convention on this point.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It notes the discussion which took place at the Conference Committee in 1992. In its previous observation, the Committee noted that a state of emergency had been proclaimed in 1989 and that it extended the previous one. It also noted that the provisional Constitution of 1985 had been suspended. The Committee notes the Government's statement at the Conference Committee that the state of emergency had been partially lifted and that it would be totally lifted soon. And that the legislative authority would soon prepare the Constitution and the legislation of the country.

1. The Committee noted that offences against the Regulations to give effect to the state of emergency of 1989 are subject to the death penalty or to imprisonment for not more than 20 years. Under the prison regulations, imprisonment imposes an obligation to work.

The Committee, further to the comments of the Conference Committee, recalls that under the Convention, the nature and duration of the measures taken in an emergency, when applied in cases covered by Article 1 of the Convention and enforced by penalties involving compulsory labour, should be strictly limited to what is considered absolutely indispensable to cope with real and immediate circumstances endangering the life, safety or health of the population.

The Committee expresses the hope that the Government will take the necessary measures to ensure that the provisions of the Convention and of Convention No. 29, which the Government has also ratified, are duly taken into account in the preparation of all constitutional or legislative provisions. The Committee hopes that the Government will take the necessary measures to ensure that penalties involving compulsory work as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the political, social or economic system cannot be imposed, with particular reference to the expression of views by the press, political activities and the right of association and assembly.

The Committee asks the Government to supply full information on all penalties imposed pursuant to the provisions issued during the state of emergency; on all provisions adopted in matters within the scope of the Convention, with particular reference to the expression of views, political activities, and freedom of association and assembly; and on all measures taken or contemplated to ensure compliance with the Convention in this respect.

2. The Committee noted previously that Constitutional Decree No. 1 of 1989 and the Acts in force at the time of suspension of the Constitution remain applicable. The Committee again asks the Government to supply information on the progress of the revision of the laws to which the Government referred on several occasions and to supply the new texts as soon as they are adopted, and especially the 1992 Labour Act.

3. In its previous comments, the Committee referred to the Industrial Relations Act of 1976. It noted that participation in strikes was punishable with imprisonment involving compulsory labour whenever the Ministry of Labour decided to submit the dispute to compulsory arbitration. The Committee noted that, under section 17 of the Act, the Minister might, whenever he deemed it necessary, refer the dispute to an arbitration tribunal whose award was final and without appeal.

The Committee notes the Government's statement at the Conference Committee that the Act of 1976 is being reconsidered in order to ensure its compatibility with ILO standards especially with regard to arbitration and the right of the Minister to send any dispute to compulsory arbitration. This right, however, was only exercised in the case of essential services whose stoppage could damage the health and security of the population. The Committee further notes the Government's assurances that it would take full account of the Committee's comments and that the question of the exact definition of what services were essential or not would be communicated to the Committee of Experts.

The Committee asks the Government to supply the text of every measure taken to limit the system of compulsory arbitration, enforceable by penalties involving compulsory labour, strictly and explicitly to essential services whose interruption is likely to endanger the life, personal safety or health of the whole or part of the population.

The Committee notes further that Constitutional Decree No. 2 of 1989 imposes a prohibition on any strike save by special permission. It asks the Government to specify what authorities can issue such permission and by what procedure. In that connection it points out that its General Survey of 1979 on the Abolition of Forced Labour holds in paragraph 126 that such a suspension of the right to strike enforced by penalties involving compulsory work is compatible with the Convention only in so far as it is necessary to cope with cases of force majeure in the strict sense of the term - namely, when the existence of the population is endangered - provided that the duration of the prohibition is limited to the period of immediate necessity.

It hopes that the Government will take the necessary measures to ensure compliance with the Convention on this point.

The Committee is addressing a request directly to the Government on various other points.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government in its report.

Article 1(a) of the Convention. 1. In its previous comments, the Committee referred to the Prohibited Goods Ordinance of 1939 and noted certain provisions which appeared to allow the imposition of restrictions on freedom of expression under the penalty of imprisonment involving an obligation to work. It notes the Government's statement in its report that sections 3, 6 and 7 and subsection 4 of the first table do not have the effect of restricting freedom of thought and expression but prohibit acts deemed to be contrary to public order and morality, and that their purpose is to safeguard the values protected by Sudanese society. The Government further indicates that no judicial decisions have been delivered on the subject.

As long ago as 1974 the Committee drew attention to the provisions imposing a penalty of imprisonment for up to seven years (involving an obligation to work) for the importation, possession or transfer of or trade in various articles, including any written matter or document, whether manuscript or printed or produced in any other way, likely to bring the Muslim or Christian religion into contempt or aimed at the overthrow of the Government or Constitution or inciting to disturbances or rivalry between different classes of society.

The Committee considers that these provisions are framed in general terms and permit the imposition of penalties involving compulsory labour for the expression of political views or views ideologically opposed to the political system, and that they therefore fall within the scope of the Convention (General Survey of 1979, paragraph 137).

The Committee asks the Government to supply information on the practical application of the provisions in question and to supply a copy of any judicial decision delivered on the subject.

2. The Committee notes the information supplied by the Government to the effect that Act No. 17 of 1924 on unlawful associations, which has been the subject of comments, has been repealed pursuant to the Act concerning various amendments connected with the promulgation of the Constitution. The Committee asks the Government to supply the text of this Act.

In its previous direct request, the Committee asked for a copy of the laws on the formation of trade unions. The Committee takes note of the Act of 1989 repealing the Trade Unions of Workers Act (1987), the text of which has been supplied by the Government. It asks the Government to supply the texts of all laws and regulations on the workers' organisations referred to in section 3(c) of the 1989 Act.

The Committee notes further that the National Economic Congress has made several recommendations, including one for revision of the law governing labour relations, individual employment relationships and organisations of workers. It asks the Government to communicate any text adopted on the subject.

3. Further to its previous direct request, the Committee has noted the draft Act repealing the State Security Act (1973). This draft text appears to date from 1986. The Committee asks the Government to specify on what date the Act was repealed and to supply the repealing text in the form in which it came into force.

Article 1(b). The Committee notes that the National Congress of Economic Salvation has recommended, inter alia, that compulsory national service should be applied and afforded moral and material support in order to direct human powers into building the national economy.

The Committee asks the Government to indicate any measure taken, as well as to supply any related texts, to give effect to that recommendation. It also asks the Government to supply the text of the triennial economic salvation programme 1990-93 based on the recommendations of the Congress.

The Committee notes in this connection that the State of Emergency Regulations of 1989 permit substantial restrictions on fundamental rights such as the right of assembly, expression and movement and that Decree No. 2 of 1989 makes it unlawful intentionally to prevent public or private production. With reference to the General Survey of 1968 on Forced Labour, and in particular to paragraph 45, the Committee points out that, in seeking to ensure the abolition of any form of compulsory labour as a method of mobilising and using labour for purposes of economic development, the Conference was contemplating not only cases of direct coercion but also systems under which labour can be mobilised by means of indirect forms of coercion. Mention was made of coercive methods of recruitment, the imposition of restrictions on freedom of movement and various general measures implying a degree of coercion in matters of recruitment and assignment of labour which, combined with other restrictions, deprived the individual of any possibility of choosing his employment as he saw fit and of his freedom of movement.

The Committee asks the Government to indicate what measures it intends to take to ensure compliance with the Convention on this point.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's statement in its report that the country is now passing through a period of major political and constitutional changes.

It notes that a new state of emergency, extending that of 1987, was proclaimed in 1989; that the provisional Constitution of 1985 has been suspended; and that constitutional regulations are at present being applied pending the promulgation of the permanent Constitution.

Constitutional Decree No. 2 of 1989 inter alia declares all political parties dissolved, makes it unlawful to express opposition in any form, prohibits gatherings and strikes, places strict limits on freedom of movement and permits the arrest of any person suspected of endangering political or economic stability.

The Committee also notes that the Act of 1987 on workers' trade unions has been repealed.

1. Offences against the provisions of the Regulations to give effect to the state of emergency of 1989 are subject to the death penalty or to imprisonment for not more than 20 years. Under Chapter IX of the prison regulations, in so far as that legislation is still applicable, imprisonment imposes an obligation to work.

The Committee points out that, under the Convention, the nature and duration of the measures taken in an emergency, such as the suppression of fundamental freedoms and rights, if enforced by sanctions involving compulsory labour, should be strictly limited to what is strictly required in order to cope with real and immediate circumstances endangering the life, safety or health of the population.

The Committee expresses the hope that the Government will take the necessary measures to ensure that the provisions of the Convention and of Convention No. 29, which the Government has also ratified, are duly taken into account in the preparation of all constitutional or legislative provisions. The Committee hopes that the Government will take the necessary measures to ensure that penalties involving compulsory work as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system cannot be imposed, with particular reference to the expression of views by the press, political activities and the right of association and assembly.

The Committee asks the Government to supply full information on all penalties imposed pursuant to the provisions issued during the state of emergency; on all provisions adopted in matters within the scope of a Convention, with particular reference to the expression of views, political activities, and freedom of association and assembly; and on all measures taken or contemplated to ensure compliance with the Convention in this respect.

2. The Committee notes that Constitutional Decree No. 1 and the Acts in force at the time of suspension of the Constitution remain applicable. It also notes the Government's statement that a Trade Union Dialogue Congress has been held at Khartoum and has considered the question of revising all the laws.

The Committee asks the Government to supply information on the progress of the revision of the laws and to supply the new texts, especially the new labour laws, as soon as they are adopted.

3. In its previous comments, the Committee referred to the Industrial Relations Act of 1976. It noted that participation in strikes was punishable with imprisonment involving compulsory labour whenever the Ministry of Labour decided to submit the dispute to compulsory arbitration. The Committee noted that, under section 17 of the Act, the Minister might, without the consent of the parties to the dispute, whenever he deemed it necessary, refer the dispute to an arbitration tribunal whose award was final and without appeal.

The Committee takes due note of the Government's statement that the Minister is empowered, without the parties' consent, if he deems it necessary - and not if he deems it adequate, as the Committee said in its comment - to submit the dispute to an arbitral body. It also notes that, according to the Government, the term "necessary" covers essential services the interruption of which would endanger the safety and health of the population and there is consequently no conflict between the Article of the Convention and this provision of the Act.

According to the text of the Act itself, however, compulsory arbitration may be deemed "necessary" in a much wider range of circumstances.

The Committee asks the Government to supply the text of every measure taken to limit the system of compulsory arbitration strictly and explicitly to essential services.

The Committee notes further that Constitutional Decree No. 2 of 1989 imposes a prohibition on any strike save by special permission. It asks the Government to specify what authorities can issue such permission and by what procedure. In that connection it points out that, in its General Survey of 1979 on the Abolition of Forced Labour, it holds in paragraph 126 that such a suspension of the right to strike enforced by sanctions involving compulsory work is compatible with the Convention only in so far as it is necessary to cope with cases of force majeure in the strict sense of the term - namely when the existence of the population is endangered - provided that the duration of the prohibition is limited to the period of immediate necessity.

It hopes that the Government will take the necessary measures to ensure compliance with the Convention on this point.

The Committee is addressing a request directly to the Government on various other points.

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

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:

Article 1(a) of the Convention

1. In its earlier comments the Committee observed that the Prohibited and Restricted Goods Ordinance of 1939 (sections 3, 6, 7 and paragraph 4 of the first schedule) appeared to allow the imposition of restrictions on freedom of expression under the penalty of imprisonment involving an obligation to work. The Committee notes the Government's statement in its report received in 1988 that the political system and the Constitution of Sudan permits opposition to the Government in any form short of threatening the national security, that as such the ordinary opposition is permitted. Noting also the Government's reference to section 105 of the Penal Code Act, 1974, under which it is not an offence to express criticism or disapproval of the Government or of any act or policy of the Government if it be done in good faith and in temperate language, the Committee requests the Government to supply copies of court decisions made under paragraph 4 of the first Schedule to the Prohibited and Restricted Goods Ordinance of 1939 and defining its scope along the same lines.

2.The Committee, in its previous comments, referred to the Unlawful Associations Ordinance, No. 17, of 1924 (as amended), under which a penalty of imprisonment (involving compulsory labour) may be imposed for affiliation to, or participation in the activities of any communist-oriented group or one which spreads the ideas of certain associations existing outside Sudan.

In this connection, the Committee notes the Government's statement in its report received in 1988 that the Sudan Communist Party is among the political parties represented in the Constituent Assembly (the Parliament), is standing in the opposition and has a daily newspaper expressing its opinions. The Committee hopes that the Unlawful Associations Ordinance will be amended accordingly, and that the Government will indicate the action taken to this end. It also requests the Government to furnish copies of the laws which define the limits of the freedoms of opinion and expression, and of formation of trade unions and associations under articles 19 and 20 respectively of the Transitional Constitution.

3. The Committee noted the Government's indication in its report received in 1988 that the State Security Act of 1973 has been repealed since 1 April 1986 by an Act. It asks the Government to supply a copy of the repealing Act.

Article 1(d)

4. The Committee previously noted that under the Industrial Relations Act, 1976, participation in strikes may be punished with imprisonment involving compulsory labour whenever the Ministry of Labour has decided to submit the conflict to compulsory arbitration. The Committee notes the Government's statement in its report received in 1988 that strikes are not illegal as such but that there are steps that lead to the strike; these should start with the arbitration and in the last resort end with the strike; according to the Government this Act only organises the way in which workers should strike.

The Committee observes that under section 17 of the Industrial Relations Act, 1976, the Minister may, without approval of the parties to a dispute, refer the dispute to an arbitral tribunal for determination whenever he deems it necessary, and under section 25(1) an award of an arbitral tribunal shall be final and shall not be challenged in any way whatsoever. The Committee requests the Government to indicate whether these provisions have been amended. If they are still in force the Committee refers to paragraph 130 of its 1979 General Survey on the Abolition of Forced Labour, where it pointed out that compulsory arbitration systems enforced by penalties involving compulsory labour should be limited to sectors and types of employment where restrictions may be imposed on the right to strike itself, that is to essential services whose interruption would endanger the life, personal safety or health of the population. The Committee is obliged to point out again that the provisions of the Industrial Relations Act for compulsory arbitration should be limited to essential services in the above strict sense in order to be compatible with the Convention. The Committee hopes that the Government will take the necessary action with a view to ensuring the observance of the Convention on this point.

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

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. The Committee notes from the Government's report received in 1988 that in Sudan a state of emergency was declared on 25 July 1987 for one year, restricting the right to demonstrate and organising the practising of other rights. It requests the Government to supply full information on the manner in which the right to demonstrate is restricted and other rights are organised, including copies of relevant statutory instruments and details of actual practice as to the scope and the duration of restrictions imposed. 2. In its previous comments, the Committee noted the adoption in October 1985 of a Transitional Constitution, and in particular that the political system shall be based on the freedom of formation of political parties and the law shall protect those parties which abide by the democratic ideals and means set out in the Constitution (article 7) and that the Constitution guarantees fundamental rights and freedoms such as freedom of opinion and expression (article 19), freedom of association (article 20), and the right of meeting and demonstrating peacefully (article 22). The Committee also noted that under article 3 of the Constitution its provisions shall prevail over all laws and any provision contained in such laws which is inconsistent with the Constitution shall be repealed to the extent of such inconsistency; the Committee further noted that under section 133 all laws in force prior to the coming into force of the Constitution shall so continue unless repealed or amended. In this context the Committee noted the information provided by the Government that commissions had been entrusted with the revision of the existing laws adopted under the former Constitution, including labour laws. Noting that the Government's report received in 1988 contains no further information in this connection, the Committee refers to its comments concerning a certain number of legislative provisions under which penalties involving compulsory labour may be imposed in circumstances falling within the scope of the Convention. The Committee again expresses the hope that the Government will soon supply detailed information on the measures envisaged or adopted to bring those provisions into conformity with the Convention. It addresses a direct request to the Government in relation to these matters.

TEXT

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

$$LEGISLATION Transitional Constitution of October 1985