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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

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

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s statement that sexual harassment is not found in traditional culture or in practice and that measures to be taken in this respect will focus on applying section 53 of the Labour Code of 1997. The Committee recalls that section 53(f) of the Labour Code provides that the employer may terminate the worker’s contract without notice “if he commits an offence against morals in the working place”. Noting that section 53(f) of the Labour Code of 1997 does not refer explicitly to sexual harassment nor provide for any definition thereof, the Committee once again requests the Government to provide information on the application of this provision by the courts. The Committee further asks the Government to consider including in the Labour Code specific provisions defining and prohibiting sexual harassment at work. The Government is also requested to provide information on the progress made with respect to the adoption of the Southern Sudan draft Labour Act which contains provisions defining both quid pro quo and hostile environment sexual harassment. Please also provide information on any practical measures taken to prevent and address sexual harassment, including the role of the social partners.

Discrimination based on sex. Employment restrictions. With respect to the Passports and Immigration Act, 1970, which restricts women’s mobility, the Committee notes the Government’s statement that measures have been taken to repeal the provisions concerned but they were still to be approved by the National Assembly. The Committee requests the Government to provide a copy of the draft legislation repealing the provisions of the Passports and Immigration Act, 1970, restricting women’s mobility and hopes that the Government will soon be in a position to report progress with respect to its adoption by the National Assembly. Recalling its previous comments on the negative impact that the Public Order Act, 1996, may have on women’s free choice of employment and occupation, the Committee also requests the Government to provide information on the measures taken to amend this Act with a view to eliminating discrimination against women in employment and occupation.

Article 2. Equality between men and women. The Committee notes from the Government’s report that measures have been taken under articles 15(2) and 32 of the Interim Constitution of Sudan to promote equal opportunity and treatment for men and women in employment and occupation, such as the allocation to women of 25 per cent of seats of the National Assembly and the nomination of women as advisers for parliamentary and legal affairs to the President’s office. According to the Government, women constitute the majority of students in universities and in the teaching professions and the number of female students is equal to the number of male students at the level of basic and preparatory school. It further states that several women occupy high positions in the private sector, such as director of a bank or a company. Noting from the Government’s report that information on the actual employment and occupation situation of men and women in the formal and informal economies, and their participation levels in education and vocational training will be provided when made available by the Federation of Employers and universities, the Committee asks the Government to take the necessary steps to collect and analyse these data in order to be able to assess the implementation of the principle of gender equality in education, employment and occupation in practice, and to provide these statistics in its next report.

Equal access to the civil service. In its previous comments, the Committee pointed out that equality between men and women in employment could only be achieved if women are given genuine opportunities to access occupations on an equal footing with men, including higher level positions and jobs with opportunities for promotion and occupations where men have been traditionally in the majority. In its report, the Government indicates that several women have been appointed to high-level positions in the public service, such as minister, advisor or head of unit. The Committee notes the Government’s statement that more than 40 per cent of the positions at the Council of Ministers are allocated to employees from Darfur and southern Sudan and that 20 per cent of the positions in the north are allocated to persons from southern Sudan. It further notes that, under section 18 of the Civil Service Act, a National Selection Committee as well as provincial selection committees have been established in order to deal with advertisement of vacant positions and recruitment of candidates. The Committee requests the Government to indicate how the national and provincial selection committees ensure that the recruitment process is free from discrimination based on the grounds prohibited under the Convention. It further requests the Government to continue to provide information on concrete measures taken to promote equal access of women and members of minority groups to the civil service and the impact thereof. Please also provide any statistical data available showing the ratio of men and women, as well as members of minority groups, in the various ministries and administrations, at all the different levels of the civil service.

Article 3. Measures to implement the national policy on equality of opportunity and treatment. The Committee notes the Government’s statement that it undertakes consultations with the Federal Committee of Manpower, the Ministry of Education, the High Council of Vocational Training and the Ministry of Social Welfare and Social Security. It further states that five vocational training centres have recently been inaugurated. The Committee asks the Government to provide information on the consultations held in so far as they relate to the implementation of the Convention and their outcomes. With reference to its previous comments, the Committee once again asks the Government to take proactive measures to promote equality of opportunity and treatment in employment and occupation in the framework of a national policy, and ensure that no inequalities exist nor discrimination is practised on any of the grounds set out in the Convention.

Labour inspection. The Committee requests the Government to provide information on any activities carried out by the labour inspectors with a view to raising awareness among workers and employers of the principle of equality and enforcing the anti-discrimination provisions of the Labour Code. Please also provide information on any infringements identified, complaints received, remedies provided and sanctions imposed, including any relevant extracts of labour inspection reports.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Absence of conditions to ensure protection against discrimination in employment and occupation. For a number of years, the Committee has been expressing serious concern at the human rights situation in the country, in particular in Darfur. In its previous comments, the Committee expressed its profound regret at the Government’s persistent general statements that no discrimination exists in Sudan. It urged the Government to take immediate measures to ensure that all population groups in Darfur, including the Fur, Maasaalit and Zaghawa tribes, could exercise their occupations free from discrimination, irrespective of ethnic origin or political opinion, and that the right to non-discrimination for all population groups, including the establishment of adequate and effective dispute resolution and complaints mechanisms, was effectively enforced.

The Committee notes the Government’s acknowledgement in its report that there is no society without discrimination and therefore continued measures are required to eliminate it. The Government further indicates that it is planning to undertake consultations with the social partners and other parties concerned in order to determine whether discrimination in employment and occupation exists in Darfur and, if so, how to eliminate it, including through the establishment of a conflict resolution mechanism, a national human rights commissioner and a human rights commissioner in southern Sudan.

The Committee however is deeply concerned that, according to the report of the Independent Expert on the situation of human rights in the Sudan for the period May–August 2010, the general human rights situation in the country has deteriorated, including due to a pattern of political repression with severe restrictions on political and civil rights. Furthermore, in Darfur, inter-communal conflicts intensified, resulting in large numbers of casualties and significant population displacement, and women and young girls continued to experience gender and sexual-based violence. The Independent Expert also pointed out the existence of widespread human rights abuses, inter-communal conflicts and the weakness of the judicial system, resulting in widespread impunity in southern Sudan (A/HRC/15/CRP.1). The Committee notes that in southern Sudan, according to the Independent Expert’s statement following his first visit in 2010, human rights commissioners have been appointed and the Human Rights Commission is fully functional. In November 2010, the Southern Sudan Human Rights Commission emphasized the need to put in place effective mechanisms to address human rights issues, particularly those associated with gender rights, and urged the relevant institutions, civil society and the media to assist the Commission in educating the public to defend human rights and to monitor compliance thereof.

Deeply concerned by the worsening of the human rights situation throughout the country, particularly in Darfur, the Committee once again urges the Government to take immediate measures to create the necessary conditions to ensure effective protection against discrimination for all members of the population, including the Fur, Maasaalit and Zaghawa tribes, with respect to the exercise of their occupations without distinction based on any of the grounds set out in the Convention, as well as measures to reinforce the capacities of the judicial and supervisory authorities. In this respect, the Committee further urges the Government to ensure the establishment and effective functioning of the National Commission of Human Rights, and to provide information on its action and on the measures taken by the Southern Sudan Human Rights Commission that give effect to the provisions of the Convention. Finally, the Committee asks the Government to provide detailed information on the consultations to be held with workers’ and employers’ organizations to assess the extent to which discrimination occurs in employment and occupation and on any conclusions reached and follow-up action taken.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. In its previous comments, the Committee recalled that article 31 of the Interim Constitution of the Republic of Sudan 2005 provided for equal protection under the law for all persons without discrimination based on the grounds set out in the Convention, except social origin. It also recalled the absence of a provision in the 1997 Labour Code of the Republic of Sudan explicitly prohibiting discrimination on the grounds set out in the Convention with respect to all aspects of employment and occupation, whereas such a provision was included in the Southern Sudan draft Labour Act (section 10(1) and (2)). Noting that the Government reiterates its statement that it will take into account the Committee’s comments when revising the Interim Constitution 2005 and the Labour Code of 1997, the Committee once again requests that concrete steps be taken to insert provisions in the final Constitution and the Labour Code in order to ensure that all workers are protected against discrimination based on all the grounds set out in the Convention and with respect to all aspects of employment, including vocational training, access to employment and to particular occupations, and terms and conditions of employment. Please also provide information with respect to the adoption of the Southern Sudan draft Labour Act.

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

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

Scope of application. Non-nationals. The Committee notes the Government’s confirmation that article 31 of the Interim Constitution of the Republic of Sudan covers both citizens and non-citizens.

Article 1, paragraph 1(a), of the Convention. Sexual harassment. The Committee recalls section 53(f) of the 1997 Labour Code of the Republic of Sudan, which according to the Government, provides protection against sexual harassment. The Committee notes section 16 of the Southern Sudan draft Labour Act defining both quid pro quo and hostile environment sexual harassment and requiring employers with twenty or more employees to adopt a policy statement on sexual harassment. The Committee welcomes this provision as it provides comprehensive protection against all forms of sexual harassment in the workplace. The Committee asks the Government to take practical measures, which may include awareness raising or conducting specific surveys assessing the extent and nature of the problem, to prevent and address sexual harassment at work, and to report on the progress made in this regard. It also asks the Government to provide an indication on how the courts have interpreted the application of section 53(f) of the 1997 Labour Code with a view to providing effective and comprehensive protection against sexual harassment in the workplace.

Discrimination based on sex – employment restrictions. The Committee recalls its concern over the negative impact of Public Order Act 1996, on women’s free choice of employment and occupation. It also recalls the Passports and Immigration Act, 1970, work on which was suspended, which requires the approval of the husband or guardian for a woman to travel abroad. The Committee notes the Government’s reply that the adoption of the Comprehensive Peace Agreement has stopped any practice that could hinder women’s mobility and that since the formulation of the Transitional Constitution of Sudan, women can travel without the consent of their husband or any other person. The Committee asks the Government to provide a copy of the Public Order Act 1996, and to indicate whether any steps have been taken to repeal the provisions in the Passports and Immigration Act 1970 that restrict women’s mobility.

Article 2. Equality between men and women. The Committee recalls articles 15(2) and 32(1)–(3) of the Interim Constitution of Sudan imposing an active duty on the State to promote gender equality, to guarantee the right of women to enjoy on an equal footing with men civil, political, economic, social and cultural rights, to promote women’s rights through affirmative action and to combat harmful customs and traditions undermining the status of women. The Committee notes that the Government states that in practice men and women enjoy equality of opportunity and treatment. It also notes that the Government has carried out a population census and will be carrying out a labour market survey. In order that the Committee can assess in an effective manner the extent to which the provisions of the Convention and the National Interim Constitution are being implemented, the Committee asks the Government to provide information as follows:

(i)    the practical measures taken, including affirmative action, to promote equality of opportunity and treatment between men and women in employment and occupation pursuant to articles 15(2) and 32 of the Constitution; and

(ii)   any studies or surveys, and statistics disaggregated by sex, providing an indication of the actual employment and occupation situation of men and women in the formal and informal economies, and their participation levels in education and vocational training.

Equal access of men and women to the civil service. The Committee notes the Government’s reply that in many ministries and occupations in the civil service, women outnumber men. The Committee notes that while women may be outnumbering men in certain ministries, they are still concentrated in the lower grades of the civil service (grades 7–13) and in certain ministries, notably finance and economy, health, financial resources and justice. The Committee wishes to point out that equality between men and women in employment can only be achieved if women are given genuine opportunities to access occupations on an equal footing with men, including higher-level positions and jobs with opportunities for promotion and occupations where men have been traditionally in the majority. The Committee asks the Government to take measures to achieve a more balanced distribution between men and women employed in the various ministries and posts of the civil service, including in higher level posts and jobs with career opportunities, and to report on the progress made in this regard.

Employment in the civil service of minority groups. The Committee notes the Government’s statement that following the Comprehensive Peace Agreement, many people from Southern Sudan have been appointed in the civil service. The Committee asks the Government to provide information, including statistics, on the composition of the staff, and on the distribution of members of minority groups in the different sectors and levels of the public service.

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

Absence of conditions to ensure protection against discrimination in employment and occupation. The Committee recalls its previous observation in which it continued to express serious concern at the human rights situation in Darfur, and in particular at the repression of political dissent as well as arbitrary arrests and detention of individuals, including lawyers, community leaders, teachers and business people, predominantly from the Fur, Maasaalit and Zaghawa tribes. The Committee had urged the Government to take measures to ensure that all parts of the population in Darfur, irrespective of race, colour, national extraction, sex, religion, political opinion and social origin, could exercise their occupations free from discrimination. The Committee notes that the Government has taken some legislative steps to address the human rights situation in Sudan, including the passing of the National Human Rights Commission Act on 21 April 2009 and of the Southern Sudan Human Rights Commission Act on 16 February 2009. However, it also notes the most recent report of the Special Rapporteur on the situation of human rights in Sudan indicating that the general human rights situation in Sudan remains critical, including serious problems with respect to the effective administration of justice and continuing arbitrary detention and ill-treatment of members of political opposition and journalists on the account of their work, opinions or peaceful assembly (A/HRC/11/14, June 2009). 

The Committee notes that the Government continues to assert that discrimination in employment and occupation does not exist in Sudan, that no complaints have been submitted to the courts in this regard, and that there is thus no need for specific policies and programmes to address such discrimination. The Committee profoundly regrets the Government’s persisting general statements that no discrimination exists in Sudan. The Committee considers that such a position is contrary to the spirit of the Convention and is a considerable obstacle to its implementation. The absence of discriminatory provisions in the national legislation or the absence of complaints is not sufficient to fulfil the obligations under the Convention; nor is it an indicator of an absence of discrimination in practice. Moreover, the absence of complaints of discrimination in employment and occupation is often due to an inadequate legal foundation or lack of access to dispute resolution and enforcement mechanisms and problems with respect to the administration of justice. The Committee must once again draw the attention of the Government to the fact that in the process of applying the Convention, it is essential to acknowledge that no society is free from discrimination and that continuous action is required to address it. The Committee urges the Government to take immediate measures to:

(i)    ensure that all parts of the population in Darfur, including the Fur, Maasaalit amd Zaghawa tribes, can exercise their occupations free from discrimination, irrespective of ethnic origin or political opinion;

(ii)   ensure the effective enforcement of the right to non-discrimination for all parts of the population, irrespective of race, colour, national extraction, sex, religion, political opinion or social origin, including the establishment of adequate and effective dispute resolution and complaints mechanisms; and

(iii) report on the results achieved with respect to all the measures taken.

In this regard, the Committee urges the Government to take the necessary measures that the National Human Rights Commission and the Southern Sudan Human Rights Commission are established, and asks the Government to provide information on steps taken by them to give effect to the provisions of the Convention.

Article 1, paragraph 1(a), of the Convention. Prohibited grounds of discrimination set out in the Convention. The Committee recalls article 31 of the Interim Constitution of the Republic of Sudan 2005 providing for equal protection of the law to all persons without discrimination based on the grounds set out in the Convention, except social origin. It also recalls the absence of a provision in the 1997 Labour Code of the Republic of Sudan explicitly prohibiting discrimination on the grounds set out in the Convention with respect to all aspects of employment and occupation. The Committee notes that such a provision is included in the Southern Sudan draft Labour Act (section 10(1) and (2)), and that section 18 of the Interim Constitution of Southern Sudan 2005 provides for equal protection without discrimination based on all of the grounds set out in the Convention. The Committee further notes the Government’s statement that social origin discrimination does not exist in Sudan. Noting the Government’s intention to take into account the Committee’s comments regarding the need for a legal provision prohibiting direct and indirect discrimination in employment and occupation with respect to all the grounds set out in Article 1(1)(a) of the Convention, in the process of formulating the final Constitution, the Committee requests that concrete steps be taken to insert such a provision in the final Constitution and the Labour Code.

Article 3. Measures to implement the national policy on equality of opportunity and treatment. With respect to measures taken pursuant to Article 3 of the Convention, the Committee notes the Government’s reply that tripartite dialogue and cooperation with employers’ and workers’ organizations are well-established practices in Sudan; the laws of Sudan do not contain discriminatory provisions nor are there any laws, circulars or administrative practices in force contrary to the Convention. The Government further maintains that following the adoption of the Comprehensive Peace Agreement 2005, any practice contrary to international human rights Conventions was stopped. The Committee stresses that by ratifying the Convention, the Government has undertaken to take proactive measures to promote equality of opportunity and treatment in employment and occupation in the framework of a national policy, with a view to eliminating discrimination. While the choice of the concrete measures to be taken is left to the Government in view of the national conditions and practice, the Convention requires that these measures be effective. The Committee also recalls that under Article 3(f) of the Convention, the Government is called upon to indicate in its reports the action taken in pursuance of this national policy and the results secured by such action. The Committee therefore once again urges the Government to provide full particulars in its next report on the specific measures taken by the Federal Committee of Manpower, the Ministry of Education and the High Council of Vocational Training not only to promote the principle of equality of opportunity and treatment, but also to ensure that no inequalities exist nor discrimination is practised on any of the grounds set out in the Convention.

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

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

1. Scope of application. Non-nationals. The Committee notes that article 7(1) of the Interim Constitution of 2005 provides that citizenship shall be the basis for equal rights and duties for all Sudanese. The Committee further notes Part Two of the Constitution concerning the Bill of Rights and, in particular, article 31 concerning equal protection of all persons without discrimination. The Committee recalls that protection against discrimination under the Convention covers both citizens and non-citizens and asks the Government to indicate in its next report whether non-citizens are covered by article 31 of the 2005 Interim Constitution.

2. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s statement that section 53(f) of the Labour Code, which specifies that a worker shall be convicted for committing a crime against honour, honesty, morals, or if he or she commits an act which is contrary to public morals at the workplace, covers sexual harassment. The Committee asks the Government to provide information on the following: (1) any complaints dealt with by the courts concerning sexual harassment based on section 53(f); and (2) any other measures taken, including educational programmes, to prevent and address sexual harassment in the workplace.

3. Discrimination based on sex. The Committee understands from the information in the Government’s report that a Constitutional Court decision is still pending relating to Decree No. 84/2000 (Wali Decree No. 84) issued by the Governor of Khartoum which envisaged prohibiting the employment of women in gas stations, hotels, restaurants and cafeterias. Concerned that Decree No. 84/2000 (Wali Decree No. 84) may impose restrictions on the employment of women beyond those allowed under the Convention, the Committee asks the Government to clarify in its next report whether it is in force. Please also provide a copy of the Court’s final decision and of Decree No. 84/2000.

4. Article 2. Equality between men and women. The Committee notes with interest that article 15(2) of the Interim Constitution of 2005 states that the State shall protect motherhood and women from injustice, promote gender equality and the role of women in family, and empower them in public life. It notes that, pursuant to article 32(1), the State shall guarantee the equal right of men and women to enjoy all civil, political, economic, social and cultural rights, and that article 32(2) provides that the State shall promote women’s rights through affirmative action. Article 32(3) of the Interim Constitution of 2005 further provides that the State shall combat harmful customs and traditions which undermine the dignity and the status of women. The Committee asks the Government to provide information in its next report on the practical application of articles 15(2) and 32 concerning the rights of women, of the Interim Constitution of 2005, particularity with respect to promoting and ensuring equality of opportunity between men and women in employment and occupation.

5. Equal access of men and women to the civil service. The Committee notes the statistics of 2005 attached to the Government’s report on the Equal Remuneration Convention, 1951 (No. 100), on the employment of women in the civil service according to grade. It notes that, although women are being employed in all ministries, they are nevertheless concentrated in the ministries of finance and economy, health, financial resources and justice. In addition, women are also primarily employed in the lower grades of the civil service (grades 7 to 13). The Committee recalls that horizontal and vertical occupational segregation of women into certain occupations, including those without opportunities for promotion, is one of the underlying causes of inequalities between men and women in the labour market. The Committee asks the Government to provide information on the measures taken to improve women’s access to a wider variety of posts in the civil service, including higher level occupations and in occupations with opportunities for promotion.

6. Employment in the public service of minority groups. The Committee recalls its previous comments relating to the State’s responsibility to ensure representation of minority groups (according to their race, colour, national extraction, religion, etc.) at all levels in the public service, and notes the absence in the Government’s report of any information in this regard. The Committee reiterates its request to the Government to indicate the measures that have been taken or are envisaged to promote training of members of minority groups throughout their careers. It also requests the Government to provide statistics on the composition of the staff of the public service, disaggregated by sex, and on the distribution of members of vulnerable groups in the different sectors and at the different levels of the public service.

7. Access to training. The Committee notes that the Government’s report once again fails to supply information, including statistics disaggregated by sex, on the participation of women, certain minorities and other marginalized social groups in vocational training, including the measures taken to promote women’s participation in a variety of training programmes. It urges the Government to include the information requested in the next report.

8. Article 5. Special measures. The Committee reiterates its request to the Government to indicate whether it intends to extend to male workers certain advantages, such as optional overtime hours (section 20(3)) or longer rest periods (section 43(2,), accorded to women by the Labour Code.

9. Part VI of the report form. Judicial decisions. Recalling its previous comments concerning cases of racial discrimination brought before the courts, the Committee once again reminds the Government to provide copies in future reports of the decisions handed down by the courts in cases of discrimination in employment and occupation on grounds of race, as well as on grounds of colour, sex, religion, political opinion, national extraction and social origin.

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

1. Absence of conditions to ensure freedom from discrimination in employment and occupation. The Committee recalls its previous comments concerning the insecurity and violence prevailing in Darfur and the impact on the application of the Convention to all parts of the population. The Committee notes the Government’s reply that in May 2006, it concluded the Darfur Peace Agreement (DPA) with the largest rebel groups, and that even though difficulties continue to be encountered with these groups, the Convention is being implemented through the appointment of an Assistant to the President from the largest group that signed the DPA and by promulgation of a number of republican decrees giving effect to the Convention. While noting the explanations of the Government, the Committee is nevertheless disturbed by the report of the High‑level Mission on the situation of human rights in Darfur pursuant to Human Rights Council decision S-4/101 (A/HRC/4/80, 9 March 2007) indicating that the killings of and attacks on civilians, rape and sexual violence remain widespread, even after the signing of the DPA. It notes that the High-level Mission also condemns the ongoing repression of political dissent as well as the arbitrary arrests and detention of individuals, including lawyers, community leaders, teachers and business people, predominantly from the Fur, Masaalit and Zaghawa tribes. The Committee is deeply concerned that the harassment and arrest of individuals with opposing political views or who are members of these tribes result in excluding them from exercising their occupations on the basis of their political opinions and ethnic origin, in violation of the Convention. The Committee also remains deeply concerned over the absence of conditions in the Darfur region under which all parts of the population, irrespective of race, colour, national extraction, sex, religion, social origin and political opinion, can exercise their occupations free from discrimination. In the absence of further details on how the abovementioned and other measures taken or envisaged to give effect to the Convention are being implemented, the Committee cannot but deplore the absence of effective protection of the population of Darfur against discrimination in employment and occupation. The Committee further notes that one of the recommendations of the UN High-level Mission to the Government is “to move towards putting in place fair and equitable policies and programmes to reverse decades of long-standing discrimination and economic, political and cultural marginalization of the people of Darfur”. The Committee, therefore, asks the Government to take urgent measures to ensure that all men and women from Darfur can exercise their occupations free from discrimination, and to provide full information on the following points:

(a)   the manner in which measures such as the appointment of an Assistant to the President from the main group who signed the DPA and the promulgation of presidential decrees are promoting the principles of the Convention. Please also provide copies of these presidential decrees;

(b)   the measures taken to ensure that no individuals or members from certain ethnic groups, including the Fur, Masaalit and Zaghawa tribes, are excluded from exercising their occupations due to their political opinions or ethnic origin;

(c)   the policies and programmes put in place to reverse the ongoing discrimination of the people of Darfur and to promote their equal access to employment and occupation.

2. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes the adoption in 2005 of the Interim Constitution of the Republic of the Sudan, article 31 of which provides equal protection of the law to all persons without discrimination as to race, colour, sex, language, religious creed, political opinion or ethnic origin, omitting social origin. While welcoming that the Interim Constitution has extended the prohibited grounds of discrimination, the Committee recalls that there is no legal provision, even in the 1997 Labour Code, specifically prohibiting discrimination in employment, occupation and training on the grounds set out in the Convention. Recalling the importance of defining and prohibiting direct and indirect discrimination in employment and occupation in law on all the grounds contained in Article (1)(1)(a) of the Convention, the Committee asks the Government to indicate whether it has any intention of supplementing the provisions of the Interim Constitution of 2005 and amending the 1997 Labour Code to include such a provision. The Government is also requested to indicate in future reports whether any complaints concerning discrimination have been made to the courts on the basis of article 31 of the 2005 Interim Constitution, and if so the nature and outcome of these complaints. The Government is also requested to provide information regarding how it is providing protection against discrimination on the basis of social origin.

3. Articles 2 and 3. Formulation and implementation of a national policy on equality and measures to correct inequalities that may exist in practice. The Committee recalls its previous request to the Government to take the necessary measures pursuant to Article 3(a), (b), (c) and (d) of the Convention. It notes the information provided by the Government concerning the functions of the Federal Committee of Manpower, the strategy of the Ministry of Education and of the High Council for Vocational Training. The Committee regrets, however, that this information remains very general and does not specify the particular measures and programmes implemented to promote equality and to correct de facto inequalities that may exist in training, employment and conditions of work. The Committee, therefore, urges the Government to provide full particulars in its next report on the specific measures taken by the Federal Committee of Manpower, the Ministry of Education and the High Council of Vocational Training not only to ensure and promote the principle of equality of opportunity and treatment, but also to ensure that no inequalities exist nor discrimination practised on any of the grounds set out in the Convention.

4. Equality of opportunity and treatment between men and women. The Committee recalls its concern over the Public Order Act of 1996, which provides for the flagellation or lashing of women for wearing allegedly indecent dress or for being out in the street after dusk. The Act violates women’s human rights and seriously restricts their freedom of movement, and has thus a negative impact on their free choice of employment and occupation. In the absence of any information in the Government’s report, the Committee reiterates its previous request for a copy of the Public Order Act of 1996 so that it can be assured that the Act does not contain any provision that violates the principle of equality between men and women in employment and occupation.

5. Article 3(c). Equality of access to training and jobs. The Committee notes the Government’s statement that work was suspended with respect to the Passports and Immigration Act, 1970, which requires the approval of the husband or guardian in order for a woman to travel abroad. The Committee would be grateful if the Government could provide more specific information in its next report as to whether a woman must still obtain the approval of her husband or guardian in order to travel abroad for professional or educational reasons.

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

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

1. Article 1(a) of the Convention. Sexual harassment.  The Committee notes that the report of the Government does not contain any information on the prohibition of sexual harassment in employment and occupation in reply to its general observation of 2002 and requests the Government to indicate in its next report whether sexual harassment has been prohibited, and, if so, how.

2. Prohibition of discrimination. The Committee notes that the Government’s report enumerates Articles 21, 25 and 34 of the Constitution. Noting that these provisions belong to Part II of the Constitution and referring to its previous direct request, the Committee would be grateful if the Government would supply information on whether Parts One and Two of the Constitution are still in force.

3. Article 2. Vocational training. The Committee recalls its previous comment requesting the Government to indicate the measures taken for the  promotion of equality of opportunity and treatment in vocational training and employment for all categories of workers, and particularly those who are most vulnerable in view of their social status, such as women, certain ethnic minorities and other marginalized social groups. The Committee notes that the Government’s report refers to a table of statistics of vocational training, which it has however omitted to enclose to its report. The Committee therefore hopes that the table will be provided with the next report, so that it can assess the progress made in this regard.

4. The Committee notes that the information contained in the Government’s report does not reply to any of the remaining points raised in its previous comments, therefore the Committee urges the Government to include in its next report full information on these points, which read as follows:

2. Article 2. Access of women to training programmes. The Committee noted in its previous comments that girls’ and women’s participation in technical training, such as mechanics, computer processing, electricity and technical drawing has increased. It further notes that the Government’s statement that the Vocational Training and Apprenticeship Act "does not discriminate between people on any ground". The Committee requests the Government to continue to provide information on the measures taken to promote women’s participation in training programmes and their access to employment and occupation. It also asks the Government to supply a copy of the Vocational Training and Apprenticeship Act.

3. Employment in the public service. The Committee notes the 1995 Public Service Regulations, and particularly Chapter 4 (selection and appointment) and Chapter 13 (promotion). In this respect, it wishes to recall the importance of the State’s responsibility to pursue a policy of equality of opportunity and treatment for jobs which are subject to its control, particularly with a view to ensuring the representation of minority groups (according to their race, colour, national extraction, religion, etc.) and a broader representation of women. In addition to the overall concern for their participation, there is also the concern to ensure the representation of members of these groups at all levels, including at higher levels of employment. Noting that the above Regulations do not address the issue of training during employment, which broadly determines possibilities for further promotion, the Committee requests the Government to indicate the measures which have been taken or are envisaged to promote training during the course of careers. It also requests the Government to provide statistics on the composition of the staff of the public service, disaggregated by sex, and on the distribution of members of vulnerable groups in the different sectors and at the different levels of the public service.

4. Article 5. Special measures. The Committee notes the Government’s statement that sections 19 and 20 of the Labour Law, 1997, afford more protection to women. It also notes that the regulations concerning the jobs and occupations which are prohibited to women, to be adopted under the abovementioned sections of the Labour Law, have not yet been prepared. The Committee hopes the Government will take this opportunity to re-examine these provisions, in consultation with the social partners and, in particular, with women workers, with a view to assessing whether it is still necessary to prohibit the access of women to certain occupations, in view of the improvements in conditions of work, changing attitudes and also the adoption by the ILO of its 1985 resolution on equal opportunities and equal treatment for men and women in employment; the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); the Night Work Convention, 1990 (No. 171); and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding Recommendations. In this respect, the Committee again notes that the Federation of Sudanese Women has challenged Decree No. 84/2000 (Wali Decree No. 84) in the Constitutional Court. The Decree was issued by the Governor of Khartoum, and envisaged prohibiting the employment of women in gas stations, hotels, restaurants and cafeterias. The Committee once again requests the Government to continue to provide information on the action taken by the Court as a result of this complaint and to provide a copy of the Court’s final decision, and of Decree No. 84/2000. Moreover, in view of the Government’s reaffirmation of its commitment to promote equality between men and women in employment and occupation, the Committee once again requests the Government to indicate whether it intends to extend to male workers certain advantages, such as optional overtime hours (section 20(3)) or longer rest periods (section 43(2)) accorded to women by the Labour Code.

5. Part IV of the report form. Judicial decision. In view of the Government’s indication in its previous report that the rare cases of racial discrimination brought before the courts principally concern conditions of work, the Committee had requested it to indicate the matters which had been raised in the abovementioned legal actions. Since the Government’s reply merely reiterates its previous statements, the Committee would be grateful if in future it would provide copies of the decisions handed down by the courts in cases of discrimination in employment and occupation on grounds of race, as well as on grounds of colour, sex, religion, political opinion, national extraction and social origin.

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

1. The Committee is gravely concerned at the insecurity and violence prevailing in the Darfur region characterized by attacks on civilians, including widespread rape and other sexual violence, abductions, extrajudicial killings and looting. It notes the establishment by the Secretary-General of the United Nations under Security Council resolution 1564(2004) of 18 September 2004 of an international commission of inquiry in order to investigate immediately reports of violations of international humanitarian law and human rights law in Darfur by all parties, and to determine also whether or not acts of genocide have occurred. The Committee is concerned at the impact of the current situation on the application of the Convention to all parts of the population, irrespective of race, colour, sex or religion, and hopes that all hostilities will cease in the very near future, to establish conditions under which the Convention can be respected. The Government is requested to provide information on the measures taken to ensure that the local population can exercise their occupations free from discrimination. In this regard, the Committee also refers to its observation on the application by Sudan of Convention No. 29.

2. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee refers to its previous comments, in which it noted the adoption of a new Constitution, which prohibits discrimination on grounds of race, sex and religion. In those comments, it drew the Government’s attention to the absence of a formal prohibition of any form of discrimination on the grounds of political opinion, national extraction, colour and social origin. It also noted the adoption of a number of other legislative texts, including the 1997 Labour Code, which does not contain provisions respecting non-discrimination in employment and occupation. The Committee noted the Government’s explanation that the definition of "worker" in the Labour Code refers to "any person, male or female" and thus ensures the absence of discrimination on any grounds. The Committee once again recalls the importance of defining and prohibiting discrimination in law on all grounds of discrimination contained in Article 1(1)(a) of the Convention. Therefore the Committee urges the Government to take the necessary measures to prohibit in law and practice discrimination in employment, occupation and training on all the grounds covered by the Convention, and requests the Government to indicate the measures taken to this end.

3. Articles 2 and 3. Formulation and implementation of national policy. The Committee noted in its previous comments that, while the establishment in the Constitution of the principle of equality of opportunity and treatment and the judicial protection of victims of discrimination represents an important stage in the implementation of this principle, they cannot on their own constitute a national policy within the meaning of Article 2 of the Convention. The implementation of a policy of equality of opportunity and treatment also presupposes the adoption of specific measures designed to correct inequalities observed in practice. Indeed, the promotion of equality of opportunity and treatment in employment and occupation as required by the Convention is not aimed at a stable situation which can be definitively attained, but at a permanent process in the course of which the national equality policy must continually be adjusted to the changes that it brings about in society. While the Convention leaves it to each country to intervene according to the methods which appear to be the most appropriate, taking into account national circumstances and customs, the effective application of the national policy of equality of opportunity and treatment requires the implementation of appropriate measures and programmes to promote equality and correct de facto inequalities which may exist in training, employment and conditions of work. The Committee once again requests the Government to take the necessary measures, as set out in Article 3(a), (b), (c), (d) and (e) of the Convention, inter alia, with a view to guaranteeing the effective application of the Convention.

4. Equality of opportunity and treatment of men and women. In its previous comments, the Committee noted from the concluding observations of the Committee on Economic, Social and Cultural Rights of 1 September 2000 (E/C.12/1/Add.48) that the Public Order Act of 1996 provides for the flagellation or lashing of women for wearing allegedly indecent dress or for being out in the street after dusk, which in practice seriously limits the freedom of movement of women. The Committee previously has expressed concern about this treatment and it once again emphasizes that it may have a very negative impact on the training and employment of women. The Committee notes the Government’s statement that the Public Order Act of 1996 does not contain any provision restricting the freedom of movement of women nor penalties on this matter. The Committee requests the Government to provide a copy of this Act in its next report, so that it can be reassured that the Public Order Act does not contain any provision that violates the principle of equality of treatment and opportunity for men and women with regard to jobs of their own choosing, through restricting the freedom of movement of women.

5. Article 3(c). Equality of access to training and jobs. The Committee notes with regret that the Government has not replied to the question that it raised in previous comments concerning the impact of the Passports and Immigration Act, 1970, which, among other things, requires the approval of the husband or guardian for women who wish to travel abroad. Since travel abroad may prove to be necessary in the context of training or a job, the Committee once again asks the Government to indicate whether a woman still must obtain the approval of her husband or guardian when she must travel abroad for professional or educational reasons.

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

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

1. The Committee is informed that part of the Constitution adopted in 1998 was suspended on 12 December 1999. The Committee asks the Government to supply information on whether Parts One and Two are still in force.

2. The Committee notes the Government’s statement that sections 19 and 20 of the Labour Law, 1997, afford more protection to women. It also notes that the regulations concerning the jobs and occupations which are prohibited to women, to be adopted under the abovementioned sections of the Labour Law, have not yet been prepared. The Committee hopes the Government will take this opportunity to re-examine these provisions, in consultation with the social partners and, in particular, with women workers, with a view to assessing whether it is still necessary to prohibit the access of women to certain occupations, in view of the improvements in conditions of work, changing attitudes and also the adoption by the ILO of its 1985 resolution on equal opportunities and equal treatment for men and women in employment; the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); the Night Work Convention, 1990 (No. 171); and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding Recommendations. In this respect, the Committee again notes that the Federation of Sudanese Women has challenged Decree No. 84/2000 (Wali Decree No. 84) in the Constitutional Court. The Decree was issued by the Governor of Khartoum, and envisaged prohibiting the employment of women in gas stations, hotels, restaurants and cafeterias. The Committee once again requests the Government to continue to provide information on the action taken by the Court as a result of this complaint and to provide a copy of the Court’s final decision, and of Decree No. 84/2000. Moreover, in view of the Government’s reaffirmation of its commitment to promote equality between men and women in employment and occupation, the Committee once again requests the Government to indicate whether it intends to extend to male workers certain advantages, such as optional overtime hours (section 20(3)) or longer rest periods (section 43(2)) accorded to women by the Labour Code.

3. The Committee noted in its previous comments that girls’ and women’s participation in technical training, such as mechanics, computer processing, electricity and technical drawing has increased. It further notes that the Government’s statement that the Vocational Training and Apprenticeship Act "does not discriminate between people on any ground". The Committee requests the Government to continue to provide information on the measures taken to promote women’s participation in training programmes and their access to employment and occupation. It also asks the Government to supply a copy of the Vocational Training and Apprenticeship Act.

4. The Committee notes that the information contained in the Government’s very brief report do not reply to all the points raised in the previous comments, therefore the Committee hopes that the next report will include full information on these points, which read as follows:

In view of the Government’s indication in its previous report that the rare cases of racial discrimination brought before the courts principally concern conditions of work, the Committee had requested it to indicate the matters which had been raised in the abovementioned legal actions. Since the Government’s reply merely reiterates its previous statements, the Committee would be grateful if in future it would provide copies of the decisions handed down by the courts in cases of discrimination in employment and occupation on grounds of race, as well as on grounds of colour, sex, religion, political opinion, national extraction and social origin.

The Committee notes the 1995 Public Service Regulations, and particularly Chapter 4 (selection and appointment) and Chapter 13 (promotion). In this respect, it wishes to recall the importance of the State’s responsibility to pursue a policy of equality of opportunity and treatment for jobs which are subject to its control, particularly with a view to ensuring the representation of minority groups (according to their race, colour, national extraction, religion, etc.) and a broader representation of women. In addition to the overall concern for their participation, there is also the concern to ensure the representation of members of these groups at all levels, including at higher levels of employment. Noting that the above Regulations do not address the issue of training during employment, which broadly determines possibilities for further promotion, the Committee requests the Government to indicate the measures which have been taken or are envisaged to promote training during the course of careers. It also requests the Government to provide statistics on the composition of the staff of the public service, disaggregated by sex, and on the distribution of members of vulnerable groups in the different sectors and at the different levels of the public service.

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

1. The Committee refers to its previous comment, in which it noted the adoption of a new Constitution, which prohibits discrimination on grounds of race, sex and religion. In that comment, it drew the Government’s attention to the absence of a formal prohibition of any form of discrimination on the grounds of political opinion, national extraction, colour and social origin. It also noted the adoption of a number of other legislative texts, including the 1997 Labour Code, which does not contain provisions respecting non-discrimination in employment and occupation. The Committee notes the Government’s statement, in its very brief report, that the provision in the Labour Code covering "workers as any person, male or female" means without discrimination and thus assures the absence of discrimination on any grounds. The Committee once again recalls the importance of defining and prohibiting discrimination in law on all grounds of discrimination contained in Article (1)(1)(a) of the Convention. Therefore the Committee urges the Government to take the necessary measures to prohibit in law and practice discrimination in employment, occupation and training on all the grounds covered by the Convention and to indicate the measures it has taken to this end.

2. The Committee noted in its previous comments that, while the establishment in the Constitution of the principle of equality of opportunity and treatment and the judicial protection of victims of discrimination represents an important stage in the implementation of this principle, they cannot on their own constitute a national policy within the meaning of Article 2 of the Convention. The implementation of a policy of equality of opportunity and treatment also presupposes the adoption of specific measures designed to correct inequalities observed in practice. Indeed, the promotion of equality of opportunity and treatment in employment and occupation as required by the Convention is not aimed at a stable situation which can be definitively attained, but at a permanent process in the course of which the national equality policy must continually be adjusted to the changes that it brings about in society. While the Convention leaves it to each country to intervene according to the methods which appear to be the most appropriate, taking into account national circumstances and customs, the effective application of the national policy of equality of opportunity and treatment requires the implementation of appropriate measures and programmes to promote equality and correct de facto inequalities which may exist in training, employment and conditions of work. The Committee once again requests the Government to take the necessary measures, as set out in Article 3(a), (b), (c), (d) and (e) of the Convention, inter alia, with a view to guaranteeing the effective application of the Convention.

3. The Committee again requests the Government to indicate in its next report the measures that have been taken for the active promotion of equality of opportunity and treatment in vocational training and employment for all categories of workers, and particularly those who are most vulnerable in view of their social status, such as women and certain ethnic minorities (for example, the Nuba in central Sudan) and other marginalized social groups.

4. The Committee once again recalls that, under the terms of the Public Order Act of 1996, Muslim women are liable to be beaten or whipped if their dress is deemed to be indecent or if they go out in the street after nightfall, which considerably restricts their freedom of movement. Since these restrictions will necessarily have a negative impact on the training and employment of women, the Committee again requests information on the measures that have been taken or are envisaged to ensure equality of access for men and women to jobs of their own choosing. In this respect, it once again urges the Government to provide in its next report a copy of the instructions on the dress code of what women must wear in public places, including at their workplace.

5. The Committee notes with regret that the Government has not replied to the question that it raised concerning the impact of the Passports and Immigration Act, 1970, which, among other things, requires the approval of the husband or guardian for women who wish to travel abroad. Since travel abroad may prove to be necessary in the context of training or a job, the Committee once again asks the Government to indicate whether a woman still must obtain the approval of her husband or guardian when she must travel abroad for professional or educational reasons.

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

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

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the Government is in the process of preparing regulations concerning the jobs and occupations which are prohibited to women, to be adopted under sections 19 and 20 of the recently enacted Labour Code. The Committee takes this opportunity to invite the Government to consider the possibility of re-examining these provisions, in consultation with the social partners and, in particular, with women workers, with a view to assessing whether it is still necessary to prohibit the access of women to certain occupations, in view of the improvements in conditions of work, changing attitudes and also the adoption by the ILO of its 1985 resolution on equal opportunities and equal treatment for men and women in employment; the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); the Night Work Convention, 1990 (No. 171); and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding Recommendations. The Committee would be grateful if the Government would provide a copy of the list of industries, occupations and jobs which are prohibited to women workers by the regulations which are currently being drafted. In this respect, the Committee notes that the Federation of Sudanese Women has challenged Decree No. 84/2000 (Wali Decree No. 84) in the Constitutional Court. The Decree was issued by the Governor of Khartoum, and envisaged prohibiting the employment of women in gas stations, hotels, restaurants and cafeterias. The Committee requests the Government to keep it informed of the action taken by the Court as a result of this complaint and to provide it with a copy of the Court’s final decision, and of Decree No. 84/2000.

2. The Committee notes that the Government has referred the suggestions made by the Committee in its previous comment to the ministerial department responsible for matters relating to vocational training. These suggestions were designed to increase the participation of women in training centres, but also and in particular to facilitate their access to more varied types of training and therefore to a greater variety of jobs (literacy, out-of-school education for women, the development of childcare facilities, flexible training schedules, awareness-raising campaigns to promote women’s education and training, etc.). In this respect, the Committee notes the fact that girls now have greater access to technical trades, such as mechanics, computer processing, electricity and technical drawing. The Committee requests the Government to continue providing information on the specific measures taken to promote the participation of women in varied training programmes and their access to employment and occupation.

3. The Committee notes that the Government has not replied to the question that it raised concerning the impact of the Passports and Immigration Act, 1970, which, among other things, requires the approval of the husband or guardian for women who wish to travel abroad. Since travel abroad may prove to be necessary in the context of training or a job, the Committee once again requests an answer to the question of whether a woman must obtain the approval of her husband or guardian when she must travel abroad for professional or educational reasons.

4. In view of the Government’s reaffirmation of its commitment to promote equality between men and women in employment and occupation, the Committee once again requests the Government to indicate whether it intends to extend to male workers certain advantages, such as optional overtime hours (section 20(3)) or longer rest periods (section 43(2)) accorded to women by the Labour Code.

5. In view of the Government’s indication in its previous report that the rare cases of racial discrimination brought before the courts principally concern conditions of work, the Committee had requested it to indicate the matters which had been raised in the abovementioned legal actions. Since the Government’s reply merely reiterates its previous statements, the Committee would be grateful if in future it would provide copies of the decisions handed down by the courts in cases of discrimination in employment and occupation on grounds of race, as well as on grounds of colour, sex, religion, political opinion, national extraction and social origin.

6. The Committee notes the 1995 Public Service Regulations, and particularly Chapter 4 (selection and appointment) and Chapter 13 (promotion). In this respect, it wishes to recall the importance of the State’s responsibility to pursue a policy of equality of opportunity and treatment for jobs which are subject to its control, particularly with a view to ensuring the representation of minority groups (according to their race, colour, national extraction, religion, etc.) and a broader representation of women. In addition to the overall concern for their participation, there is also the concern to ensure the representation of members of these groups at all levels, including at higher levels of employment. Noting that the above Regulations do not address the issue of training during employment, which broadly determines possibilities for further promotion, the Committee requests the Government to indicate the measures which have been taken or are envisaged to promote training during the course of careers. It also requests the Government to provide statistics on the composition of the staff of the public service, disaggregated by sex, and on the distribution of members of vulnerable groups in the different sectors and at the different levels of the public service.

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

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

1. The Committee refers to its previous comment, in which it noted the adoption of a new Constitution, which prohibits discrimination on grounds of race, sex and religion, and in which it drew the Government’s attention to the absence of any formal prohibition of any form of discrimination on the grounds of political opinion, national extraction, colour and social origin. It also noted the adoption of a number of other legislative texts, including the new Labour Code, which does not contain provisions respecting non-discrimination in employment and occupation. The Committee is bound once again to recall that, where provisions are adopted to give effect to the principle set forth in the Convention, they should prohibit all the forms of discrimination covered by Article 1, paragraph 1(a), of the Convention. It therefore requests the Government to provide information on the specific measures which have been taken or are envisaged to set out in law protection against discrimination on the grounds which are formally prohibited by the Convention, but are not laid down in the Constitution.

2. The Committee notes the Government’s statement that any person who considers that his/her constitutional rights have been violated, including in the fields of employment and occupation, has the right to appeal to the Constitutional Court. The Government also states that the new Labour Code does not establish any distinction based on the sex of the worker. The Committee wishes to recall in this respect that, while the establishment in the Constitution of the principle of equality of opportunity and treatment and the judicial protection of victims of discrimination represents an important stage in the implementation of the above principle, they cannot on their own constitute a national policy within the meaning of Article 2 of the Convention. The implementation of a policy of equality of opportunity and treatment also presupposes the adoption of specific measures designed to correct inequalities observed in practice. Indeed, the promotion of equality of opportunity and treatment in employment and occupation as advocated by the Convention is not aimed at a stable situation which can be definitively attained, but at a permanent process in the course of which the national equality policy must continually be adjusted to the changes that it brings about in society. While the Convention leaves it to each country to intervene according to the methods which appear to be the most adequate, taking into account national circumstances and customs, the effective application of the national policy of equality of opportunity and treatment requires the implementation by the State concerned of appropriate measures, the underlying principles of which are enumerated in Article 3 of the Convention. It is therefore important to emphasize the interdependence of these two means of action, consisting of the adoption of legal provisions and the preparation and implementation of programmes to promote equality and correct de facto inequalities which may exist in training, employment and conditions of work. The Committee requests the Government to take the necessary measures, as set out among other provisions in Article 3(a), (b), (c), (d) and (e) of the Convention, with a view to guaranteeing the effective application of the principle of non-discrimination in relation to equality of opportunity and treatment.

3. The Committee recalls that, under the terms of the Public Order Act of 1996, Muslim women are liable to be beaten or whipped if their dress is deemed to be indecent or if they go out in the street after nightfall, which considerably restricts their freedom of movement. Since these restrictions are not without impact on the training and employment of women, the Committee once again requests information on the measures which have been taken or are envisaged to ensure equality of access for men and women to jobs of their own choosing. In this respect, it trusts that in its next report the Government will finally provide a copy of the instructions on the dress code of what women must wear in public places, including at their workplace.

4. The Committee also requests the Government to indicate in its next report the measures which have been taken for the active promotion of equality of opportunity and treatment in vocational training and employment for all categories of workers, and particularly those who are most vulnerable in view of their social status, such as women and certain ethnic minorities (for example, the Nuba in central Sudan) and other marginalized social groups.

5. In a request addressed directly to the Government, the Committee is raising other matters concerning: jobs and occupations which are prohibited for women and the need for a woman to obtain the authorization of her husband or guardian to be able to travel abroad.

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

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

The Committee notes the Government’s very brief reports.

1.  The Committee notes that the Government is in the process of preparing regulations concerning the jobs and occupations which are prohibited to women, to be adopted under sections 19 and 20 of the recently enacted Labour Code. The Committee takes this opportunity to invite the Government to consider the possibility of re-examining these provisions, in consultation with the social partners and, in particular, with women workers, with a view to assessing whether it is still necessary to prohibit the access of women to certain occupations, in view of the improvements in conditions of work, changing attitudes and also the adoption by the ILO of its 1985 resolution on equal opportunities and equal treatment for men and women in employment; the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); the Night Work Convention, 1990 (No. 171); and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding Recommendations. The Committee would be grateful if the Government would provide a copy of the list of industries, occupations and jobs which are prohibited to women workers by the regulations which are currently being drafted. In this respect, the Committee notes that the Federation of Sudanese Women has challenged Decree No. 84/2000 (Wali Decree No. 84) in the Constitutional Court. The Decree was issued by the Governor of Khartoum, and envisaged prohibiting the employment of women in gas stations, hotels, restaurants and cafeterias. The Committee requests the Government to keep it informed of the action taken by the Court as a result of this complaint and to provide it with a copy of the Court’s final decision, and of Decree No. 84/2000.

2.  The Committee notes that the Government has referred the suggestions made by the Committee in its previous comment to the ministerial department responsible for matters relating to vocational training. These suggestions were designed to increase the participation of women in training centres, but also and in particular to facilitate their access to more varied types of training and therefore to a greater variety of jobs (literacy, out-of-school education for women, the development of childcare facilities, flexible training schedules, awareness-raising campaigns to promote women’s education and training, etc.). In this respect, the Committee notes the fact that girls now have greater access to technical trades, such as mechanics, computer processing, electricity and technical drawing. The Committee requests the Government to continue providing information on the specific measures taken to promote the participation of women in varied training programmes and their access to employment and occupation.

3.  The Committee notes that the Government has not replied to the question that it raised concerning the impact of the Passports and Immigration Act, 1970, which, among other things, requires the approval of the husband or guardian for women who wish to travel abroad. Since travel abroad may prove to be necessary in the context of training or a job, the Committee once again requests an answer to the question of whether a woman must obtain the approval of her husband or guardian when she must travel abroad for professional or educational reasons.

4.  In view of the Government’s reaffirmation of its commitment to promote equality between men and women in employment and occupation, the Committee once again requests the Government to indicate whether it intends to extend to male workers certain advantages, such as optional overtime hours (section 20(3)) or longer rest periods (section 43(2)) accorded to women by the Labour Code.

5.  In view of the Government’s indication in its previous report that the rare cases of racial discrimination brought before the courts principally concern conditions of work, the Committee had requested it to indicate the matters which had been raised in the abovementioned legal actions. Since the Government’s reply merely reiterates its previous statements, the Committee would be grateful if in future it would provide copies of the decisions handed down by the courts in cases of discrimination in employment and occupation on grounds of race, as well as on grounds of colour, sex, religion, political opinion, national extraction and social origin.

6.  The Committee notes the 1995 Public Service Regulations, and particularly Chapter 4 (selection and appointment) and Chapter 13 (promotion). In this respect, it wishes to recall the importance of the State’s responsibility to pursue a policy of equality of opportunity and treatment for jobs which are subject to its control, particularly with a view to ensuring the representation of minority groups (according to their race, colour, national extraction, religion, etc.) and a broader representation of women. In addition to the overall concern for their participation, there is also the concern to ensure the representation of members of these groups at all levels, including at higher levels of employment. Noting that the above Regulations do not address the issue of training during employment, which broadly determines possibilities for further promotion, the Committee requests the Government to indicate the measures which have been taken or are envisaged to promote training during the course of careers. It also requests the Government to provide statistics on the composition of the staff of the public service, disaggregated by sex, and on the distribution of members of vulnerable groups in the different sectors and at the different levels of the public service.

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

The Committee notes the Government’s two very brief reports and the fact that the armed conflict in the South of Sudan is an obstacle to the full application of the Convention.

1.  The Committee refers to its previous comment, in which it noted the adoption of a new Constitution, which prohibits discrimination on grounds of race, sex and religion, and in which it drew the Government’s attention to the absence of any formal prohibition of any form of discrimination on the grounds of political opinion, national extraction, colour and social origin. It also noted the adoption of a number of other legislative texts, including the new Labour Code, which does not contain provisions respecting non-discrimination in employment and occupation. The Committee is bound once again to recall that, where provisions are adopted to give effect to the principle set forth in the Convention, they should prohibit all the forms of discrimination covered by Article 1, paragraph 1(a), of the Convention. It therefore requests the Government to provide information on the specific measures which have been taken or are envisaged to set out in law protection against discrimination on the grounds which are formally prohibited by the Convention, but are not laid down in the Constitution.

2.  The Committee notes the Government’s statement that any person who considers that his/her constitutional rights have been violated, including in the fields of employment and occupation, has the right to appeal to the Constitutional Court. The Government also states that the new Labour Code does not establish any distinction based on the sex of the worker. The Committee wishes to recall in this respect that, while the establishment in the Constitution of the principle of equality of opportunity and treatment and the judicial protection of victims of discrimination represents an important stage in the implementation of the above principle, they cannot on their own constitute a national policy within the meaning of Article 2 of the Convention. The implementation of a policy of equality of opportunity and treatment also presupposes the adoption of specific measures designed to correct inequalities observed in practice. Indeed, the promotion of equality of opportunity and treatment in employment and occupation as advocated by the Convention is not aimed at a stable situation which can be definitively attained, but at a permanent process in the course of which the national equality policy must continually be adjusted to the changes that it brings about in society. While the Convention leaves it to each country to intervene according to the methods which appear to be the most adequate, taking into account national circumstances and customs, the effective application of the national policy of equality of opportunity and treatment requires the implementation by the State concerned of appropriate measures, the underlying principles of which are enumerated in Article 3 of the Convention. It is therefore important to emphasize the interdependence of these two means of action, consisting of the adoption of legal provisions and the preparation and implementation of programmes to promote equality and correct de facto inequalities which may exist in training, employment and conditions of work. The Committee requests the Government to take the necessary measures, as set out among other provisions in Article 3(a), (b), (c), (d) and (e) of the Convention, with a view to guaranteeing the effective application of the principle of non-discrimination in relation to equality of opportunity and treatment.

3.  The Committee recalls that, under the terms of the Public Order Act of 1996, Muslim women are liable to be beaten or whipped if their dress is deemed to be indecent or if they go out in the street after nightfall, which considerably restricts their freedom of movement. Since these restrictions are not without impact on the training and employment of women, the Committee once again requests information on the measures which have been taken or are envisaged to ensure equality of access for men and women to jobs of their own choosing. In this respect, it trusts that in its next report the Government will finally provide a copy of the instructions on the dress code of what women must wear in public places, including at their workplace.

4.  The Committee also requests the Government to indicate in its next report the measures which have been taken for the active promotion of equality of opportunity and treatment in vocational training and employment for all categories of workers, and particularly those who are most vulnerable in view of their social status, such as women and certain ethnic minorities (for example, the Nuba in central Sudan) and other marginalized social groups.

5.  In a request addressed directly to the Government, the Committee is raising other matters concerning: jobs and occupations which are prohibited for women and the need for a woman to obtain the authorization of her husband or guardian to be able to travel abroad. The Committee trusts that the Government will provide detailed information on these matters in its next report.

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

1. The Committee draws the Government's attention to sections 19 and 20 (1-2) of the 1997 Labour Code on the prohibition of women's employment in "occupations which are hazardous, arduous or harmful to their health, such as carrying weights or assigning women to perform jobs underground or under water or jobs which may expose them to poisonous material or to temperatures exceeding the normal limits borne by women", and the restrictions on night work. The Committee requests the Government to provide information on the practical application of these provisions, including a list of industries, occupations and jobs prohibited to women on the basis of the above-mentioned sections. The Committee further notes sections 20(3) and 43, et seq. of the Labour Code allowing overtime to be optional for women and daily periods of rest to be longer for women than men. The Committee requests the Government to indicate whether, in light of its commitment to promote equality between men and women in employment, it has any intention of extending these conditions of work to men as well as women.

2. In light of the sexual segregation in public regulated under the Public Order Act of 1996, the Committee requests the Government to supply, in its next report, information on any measures taken or envisaged to ensure equal access of men and women to occupations of their own choice.

3. The Committee further notes that the Government's report on this Convention contains no reply to paragraphs 1, 3 and 4 of the previous direct request and must therefore return to its previous comments, which read in relevant part as follows:

1. The Committee notes the Government's statement in its report that very few cases on racial discrimination in employment have been presented to the courts and that such cases, where they occur, concern conditions of employment. It asks the Government to provide information on the issues which arose in these cases, and to continue in its future reports to keep the Committee informed of cases involving discrimination in employment on the basis of race.

...

3. The Committee notes the Government's statement that although the Passports and Immigration Act, 1970, requires approval of the husband and guardian in case of travel, this measure does not affect women's access to education, training and employment where it falls within the scope of the National Training Act of 1976 and the Training Regulations, which define government-sponsored trainees as being any public official, regardless of sex, and entitles a government-sponsored female trainee to the same rights as those of men. However, noting that the legislation refers only to training, and only in the public sector, the Committee requests the Government to indicate how the provisions in the 1970 Act affect access to education, vocational training or employment which might require foreign travel for women in the private sector, and, likewise, access to employment requiring travel in the public sector. Please supply copies of the relevant legislative provisions.

4. Noting the Government's statement that no measures of any kind have been taken against persons disobeying the instructions issued requiring women in public posts to wear apparel in conformity with the Shari'a, the Committee nevertheless repeats its request for a copy of the instructions in question.

4. The Committee thanks the Government for providing a copy of the Public Service Act of 1994, but repeats its request that the Government supply a copy of the Public Service Regulations, 1995.

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

1. Further to its previous observations, the Committee notes with interest the repeal of Constitutional Decree No. 2, section 6(c)(6) of which declared a state of emergency, dissolved political parties and trade unions and allowed measures to terminate the service of any public employee and every contract with a public office. The repeal was effective 30 June 1998, and a new Constitution of the Republic of Sudan has been signed by the President. The Committee notes in particular that article 21 of the Constitution prohibits discrimination on the grounds of race, sex and religious creed. The Government is requested to indicate the manner in which the application in practice of the provisions of the Constitution is ensured, in employment and occupation, with regard in particular to the prohibition of discrimination on grounds of race, sex and religious creed. The Committee notes the omission of political opinion, national extraction, colour and social origin from the prohibited grounds of discrimination in article 21 of the new Constitution, and requests the Government to supply information, which it can examine at its next session, on the specific measures taken or contemplated to give legal expression to protection against discrimination on these grounds. In this regard, the Committee recalls its long-held view that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a).

2. The Committee notes the adoption of the new Labour Code of 1997 which incorporates the provisions of the 1974 Labour Force Act, the 1976 Industrial Relations Act, the Industrial Safety Act and the 1981 Individual Relations Act. The Committee notes that the new Labour Code does not contain any provisions pertaining to equal opportunity and treatment in access to vocational training, and to employment, and for terms and conditions of employment. In this regard, the Committee must refer to the intention stated by the Government in its previous reports, that, in the framework of the general revision of the labour legislation, it would include a provision in the legislation giving express effect to the principles of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to promote equal opportunity and treatment in employment and occupation for all categories of workers and to protect them against discrimination in accordance with Article 1(a) of the Convention.

3. The Committee takes note of the 1994 Public Service Act. It notes that section 18 of the Act states that "the selection process for public service posts is open to everyone and is based on competence; that it is determined by examinations or interviews or both, depending on the work requirements and the various specializations". Noting also the Government's statement in its previous report that decisions of the selection committees are made on the basis of the principle of equal opportunity and without discrimination on the grounds of sex, religion or race, the Committee asks the Government again for information on how respect for this principle in decisions of the selection committees is monitored, and on the procedure available for appeal of such a decision on grounds of discrimination.

4. As the Government's report contains no details on the racial and religious composition of the courts, tribunals and police forces of the country and on measures taken or contemplated by the Government to facilitate access of persons of non-Arab extraction to posts in the judicial system, the Committee is obliged to repeat its request for such information.

5. The Committee takes note of the statistics supplied concerning the number of participants and types of courses offered at the regional vocational training centre in Khartoum, Friendship Omdurman and El Obeid. While noting that in the El Obeid vocational training and service centre, 30.6 per cent of the trainees were women (of which 54.1 per cent were enrolled in short-term business training courses), it notes that women constituted less than 6 per cent of the students receiving vocational training in Khartoum and Friendship Omdurman. Furthermore, statistics on the vocational training courses in Khartoum in 1997 show that women and men are mainly clustered in traditionally female and male subjects and occupations. The Committee requests the Government to provide, in its next report, information on the measures taken or contemplated to facilitate women's access to a greater variety of skills training and jobs and to enhance women's participation in training institutions. Such measures could include, for example, adult literacy training programmes and out-of-school education for women, flexible training schedules, child-care facilities at training sites or general awareness-raising campaigns to promote women's and girls' education and training. The Committee also requests the Government to continue to provide statistical and other information, showing the participation of men and women in vocational training programmes, as well as the religious, ethnic and racial composition of the trainees.

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

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

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 matters raised in its previous direct request, which read as follows:

1. The Committee notes the Government's statement in its report that very few cases on racial discrimination in employment have been presented to the courts and that such cases, where they occur, concern conditions of employment. It asks the Government to provide information on the issues which arose in these cases, and to continue in its future reports to keep the Committee informed of cases involving discrimination in employment on the basis of race.

2. As the Government's report contains no details regarding the racial composition of the courts, tribunals and police forces of the country and of measures taken or contemplated by the Government to facilitate access of persons of non-Arab extraction to posts in the judicial system, the Committee is obliged to repeat its request for such information.

3. The Committee notes the Government's statement that although the Passports and Immigration Act, 1970, requires approval of the husband and guardian in case of travel, this measure does not affect women's access to education, training and employment where it falls within the scope of the National Training Act of 1976 and the Training Regulations, which define government-sponsored trainees as being any public official, regardless of sex, and entitles a government-sponsored female trainee to the same rights as those of men. However, noting that the legislation refers only to training, and only in the public sector, the Committee requests the Government to indicate how the provisions in the 1970 Act affect access to education, vocational training or employment which might require foreign travel for women in the private sector, and, likewise, access to employment requiring travel in the public sector. Please supply copies of relevant legislative provisions.

4. Noting the Government's statement that no measures of any kind have been taken against persons disobeying the instructions issued requiring women in public posts to wear apparel in conformity with the Shari'a, the Committee nevertheless repeats its request for a copy of the instructions in question.

5. The Committee would be grateful if the Government would supply a copy of the Public Service Act, 1994, and the Public Service Regulations, 1995.

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

1. The Committee notes the Government's statement in its report to the Human Rights Committee which monitors the implementation of the International Covenant on Civil and Political Rights (United Nations document CCPR/C/75/Add.2 of 13 March 1997) that for the first time in the history of the Sudan the principle of non-discrimination has been enshrined in the constitutional arrangements, in particular the Seventh Constitutional Decree. The Committee would like to receive a copy of this Decree, as well as information on its legal status and information on measures contemplated or taken to implement the discrimination provision.

2. The Committee notes, however, that the Government's report on this Convention 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 matters raised in its previous direct request, which read as follows:

1. In its two previous observations, the Committee had requested full information on the practical application of section 6(c)(6) of Constitutional Decree No. 2 of 30 June 1989, under which a state of emergency was declared throughout Sudan, political parties and trade unions were dissolved, and measures may be taken to terminate the service of any public employee and every contract with a public office while preserving the rights to service benefits or compensation. The Committee notes that the Government's report contains no information on this point. The Committee draws the Government's attention to Article 4 of the Convention and to the need for measures intended to safeguard the security of the State to be sufficiently well-defined and delimited so as to ensure that they do not amount to discrimination based on any grounds proscribed in the Convention. It again refers to paragraph 136 of the Committee's 1988 General Survey on equality in employment and occupation, according to which, the application of measures to safeguard the security of the State must be examined in the light of the bearing which the activities concerned may have on the actual performance of the job, tasks or occupation of the person concerned'. The Committee hopes to receive full information in the Government's next report on the practical impact of the above-mentioned Decree.

2. As no information has been supplied by the Government on the legal status of the position paper entitled Concessional position on the issue of state and the religion during the interim period' of which the Committee was informed in May 1993, the Committee again asks the Government for information in this regard. The Committee also asks the Government to inform it of any progress towards a new Constitution which would, according to the position paper, be silent about state religion.

3. The Committee would be grateful if the Government would supply, when available, a copy of the new Manpower Act referred to in its previous report, which according to the Government's information includes a provision giving express effect to the Convention.

4. The Committee notes the information supplied by the Government on the work of the selection committees in the public service and the Government's statement that the selection process to fill a public post is conducted through a free discussion based on qualifications, and is determined by examinations or interviews or both, depending on the work requirements and the various specializations'. According to the Government's report, the section of the Public Service Act of 1991 where this is stated remains effective through section 18 of the Public Service Act of 1994. Noting also the Government's statement that the committees' decisions are taken on the basis of the principle of equal opportunities and without discrimination on the grounds of sex, religion or race, the Committee asks the Government for information on how respect for this principle in the selection committees' decisions is monitored, and on the procedure available for appealing against a decision where a person considers that he or she has been discriminated against on any of the grounds of the Convention.

5. The Committee notes that the Government's most recent overall figures regarding university and secondary-school graduates selected for the public service in 1991 and 1992 differ from the figures supplied by the Government for the same years in its previous report, quoted, with reference to university graduates only, by the Committee in its March 1995 observation. According to the latest figures, of the 4,012 graduates in 1991, only 1,761 were women; but of the 4,037 graduates in 1992, 2,829 were women. The Committee asks the Government to provide similar statistics for 1993-95, showing, if possible, public service employees by occupations and level of responsibilities, disaggregated by sex and, if available, national extraction and religion.

6. The Committee notes the statistics supplied concerning the number of participants in various courses offered at regional vocational training centres. However, it notes that the data contain no breakdown of participants by sex and origin as asked for by the Committee in its four previous direct requests to the Government. Referring to paragraph 247 of its above-mentioned 1988 General Survey, the Committee stresses the importance of having statistical analyses of the distribution of labour in the national economy so as to be in a position to identify de facto discrimination through, for example, occupational segregation based on sex, religion and race. Accordingly, the Committee would repeat its request for detailed statistical breakdowns, by sex and religion, of participants in the various vocational training centres.

3. The Committee is addressing a direct request to the Government on certain other points.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the Government's statement in its report that very few cases on racial discrimination in employment have been presented to the courts and that such cases, where they occur, concern conditions of employment. It asks the Government to provide information on the issues which arose in these cases, and to continue in its future reports to keep the Committee informed of cases involving discrimination in employment on the basis of race.

2. As the Government's report contains no details regarding the racial composition of the courts, tribunals and police forces of the country and of measures taken or contemplated by the Government to facilitate access of persons of non-Arab extraction to posts in the judicial system, the Committee is obliged to repeat its request for such information.

3. The Committee notes the Government's statement that although the Passports and Immigration Act, 1970, requires approval of the husband and guardian in case of travel, this measure does not affect women's access to education, training and employment where it falls within the scope of the National Training Act of 1976 and the Training Regulations, which define government-sponsored trainees as being any public official, regardless of sex, and entitles a government-sponsored female trainee to the same rights as those of men. However, noting that the legislation refers only to training, and only in the public sector, the Committee requests the Government to indicate how the provisions in the 1970 Act affect access to education, vocational training or employment which might require foreign travel for women in the private sector, and, likewise, access to employment requiring travel in the public sector. Please supply copies of relevant legislative provisions.

4. Noting the Government's statement that no measures of any kind have been taken against persons disobeying the instructions issued requiring women in public posts to wear apparel in conformity with the Shari'a, the Committee nevertheless repeats its request for a copy of the instructions in question.

5. The Committee would be grateful if the Government would supply a copy of the Public Service Act, 1994, and the Public Service Regulations, 1995.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. In its two previous observations, the Committee had requested full information on the practical application of section 6(c)(6) of Constitutional Decree No. 2 of 30 June 1989, under which a state of emergency was declared throughout Sudan, political parties and trade unions were dissolved, and measures may be taken to terminate the service of any public employee and every contract with a public office while preserving the rights to service benefits or compensation. The Committee notes that the Government's report contains no information on this point. The Committee draws the Government's attention to Article 4 of the Convention and to the need for measures intended to safeguard the security of the State to be sufficiently well-defined and delimited so as to ensure that they do not amount to discrimination based on any grounds proscribed in the Convention. It again refers to paragraph 136 of the Committee's 1988 General Survey on equality in employment and occupation, according to which, "the application of measures to safeguard the security of the State must be examined in the light of the bearing which the activities concerned may have on the actual performance of the job, tasks or occupation of the person concerned". The Committee hopes to receive full information in the Government's next report on the practical impact of the above-mentioned Decree.

2. As no information has been supplied by the Government on the legal status of the position paper entitled "Concessional Position on the Issue of State and the Religion during the Interim Period" of which the Committee was informed in May 1993, the Committee again asks the Government for information in this regard. The Committee also asks the Government to inform it of any progress towards a new Constitution which would, according to the position paper, be silent about state religion.

3. The Committee would be grateful if the Government would supply, when available, a copy of the new Manpower Act referred to in its previous report, which according to the Government's information includes a provision giving express effect to the Convention.

4. The Committee notes the information supplied by the Government on the work of the selection committees in the public service and the Government's statement that "the selection process to fill a public post is conducted through a free discussion based on qualifications, and is determined by examinations or interviews or both, depending on the work requirements and the various specializations". According to the Government's report, the section of the Public Service Act of 1991 where this is stated remains effective through section 18 of the Public Service Act of 1994. Noting also the Government's statement that the committees' decisions are taken on the basis of the principle of equal opportunities and without discrimination on the grounds of sex, religion or race, the Committee asks the Government for information on how respect for this principle in the selection committees' decisions is monitored, and on the procedure available for appealing against a decision where a person considers that he or she has been discriminated against on any of the grounds of the Convention.

5. The Committee notes that the Government's most recent overall figures regarding university and secondary school graduates selected for the public service in 1991 and 1992 differ from the figures supplied by the Government for the same years in its previous report, quoted, with reference to university graduates only, by the Committee in its March 1995 observation. According to the latest figures, of the 4,012 graduates in 1991, only 1,761 were women; but of the 4,037 graduates in 1992, 2,829 were women. The Committee asks the Government to provide similar statistics for 1993-95, showing, if possible, public service employees by occupations and level of responsibilities, disaggregated by sex and, if available, national extraction and religion.

6. The Committee notes the statistics supplied concerning the number of participants in various courses offered at regional vocational training centres. However, it notes that the data contains no breakdown of participants by sex and origin as asked for by the Committee in its four previous direct requests to the Government. Referring to paragraph 247 of its above-mentioned 1988 General Survey, the Committee stresses the importance of having statistical analyses of the distribution of labour in the national economy so as to be in a position to identify de facto discrimination through, for example, occupational segregation based on sex, religion and race. Accordingly, the Committee would repeat its request for detailed statistical breakdowns, by sex and religion, of participants in the various vocational training centres.

7. The Committee is addressing a direct request to the Government on certain other points.

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

The Committee notes that the Government's report, while providing statistics on the number of men and women graduates from universities and higher institutes in 1991-92, nevertheless contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the statistics supplied concerning the number of regional vocational training centres, the disciplines taught, the numbers of apprenticeship certificates awarded and occupational tests carried out in 1992, as well as the Government's statement that training is open to persons of both sexes. The Committee would point out, however, that it had requested statistical evidence on access to vocational training, particularly concerning a breakdown of participants by sex and origin, with a view to being able to assess the implementation of the national policy of non-discrimination in practice. Referring to paragraph 247 of its 1988 General Survey on Equal Opportunity in Employment and Occupation, the Committee stresses the importance of having available statistical analyses of the distribution of labour in the national economy so as to identify de facto discrimination through, for example, occupational segregation based on sex, religion or race. Accordingly, it would repeat its request for detailed statistical breakdowns, by sex and religion, of participants in the various vocational training centres.

2. The Committee notes from the Government's report to the Committee on the Elimination of Racial Discrimination (UN document CERD/C/222/Add.1 of 11 February 1993) that questions of racial divisions and racial superiority or inferiority have become less important because most of the population in the northern and central parts of Sudan is the result of fusion between Arabs and Africans, and that there are penal sanctions prescribed under section 64 of the Penal Code where any group of persons disturbs communal peace and harmony on the basis of racial and ethnic prejudices. The Committee requests the Government to provide information on any cases presented to the courts - particularly the labour courts - involving discrimination in employment on the basis of race.

3. The Committee notes from the same report that, as a sign of national integration, the personnel composing national courts and tribunals are appointed irrespective of sex, race, national origin or religion. It requests the Government to provide details of the racial composition of the courts, tribunals and police forces of the country and to provide details of the measures taken or contemplated by the Government to facilitate access of persons of non-Arabic extraction to posts in the judicial system.

4. The Committee notes from the Government's report to the CERD that the Passports and Immigrations Act, 1970, appears to require additional conditions to be met by women who wish to travel abroad, due, according to the Government, to "their physiological weaknesses". The Committee asks the Government to indicate these additional requirements and how they affect women's access to education, training or employment which might require foreign travel. Please supply a copy of the relevant legislative provisions.

5. The Committee notes the Government's statement that instructions had been issued requiring women in public posts to wear apparel in conformity with the Shariah, but that no measure of any sort has been taken against persons disobeying those instructions since there is no legislative basis upon which to base any such punishment and that, since no law has been adopted on the subject, "the freedom of women remains authorized within the limits of the law". The Committee would be grateful if the Government would provide a copy of the instructions in question.

6. The Committee would be grateful if the Government would supply a copy of the Public Service Law, 1991, with its next report.

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

The Committee notes the information supplied by the Government in response to its previous observation.

1. It notes with interest the statement that, in the framework of the general revision of the labour legislation, the Ministry of Labour has included a provision giving express effect to the Convention in the draft of the new Manpower Act. This draft is currently before the tripartite commission responsible for discussing the labour legislation. The Committee requests the Government to inform it of progress in the adoption of this provision and to provide a copy of the amended Act once passed.

2. In its previous observation, the Committee had requested full information on the practical application of section 6(c)(6) of Constitutional Decree No. 2 of 30 June 1989, under which a state of emergency was declared throughout Sudan, political parties and trade unions were dissolved, and measures would be taken to terminate the service of any public employee and every contract with a public office. The Committee notes that the Government's report is silent on this point.

The Committee again draws the Government's attention to Article 4 of the Convention and the fact that measures intended to safeguard the security of the State must be sufficiently well-defined and delimited so as to ensure that they do not become discrimination based on any grounds proscribed in the Convention. It again refers to paragraph 136 of the Committee's 1988 General Survey on Equality in Employment and Occupation, according to which, "the application of measures to safeguard the security of the State must be examined in the light of the bearing which the activities concerned may have on the actual performance of the job, tasks or occupation of the person concerned". The Committee hopes to receive full information in the Government's next report on the practical impact of the above-mentioned Decree.

3. The Committee notes the information received in May 1993 on the Government's "Concessional Position on the Issue of State and the Religion during the Interim Period". According to this position paper, "freedom of belief and worship shall be guaranteed in full to all Sudanese" (section 2(i)) and "during the interim period the southern states shall not be subject to any punishments based on Shariah law and alternative punishments shall be provided instead" (section 5). The Committee would like to receive information on the legal status of this position paper. It also asks the Government to inform it of any progress towards a new Constitution which would, according to the position paper, be silent about state religion.

4. Regarding the measures taken to eliminate discrimination in employment, including the role of selection committees in the public service, the Committee notes the information supplied concerning the measures taken by the selection committees to promote the principle of non-discrimination particularly based on sex, colour or religion. Noting that, according to the Government, the statistical system does not allow a breakdown indicating public and private sector workers, the Committee nevertheless urges the Government to supply information showing the practical implementation of the principle of the Convention in the public service (annual reports, studies, etc.).

5. The Committee also notes the statistics showing that, although almost as many women as men graduated from university in 1991 and 1992, only 74 out of 1,394 workers employed in posts requiring qualified training were women. It requests the Government to provide any inquiries or studies which examine or explain the reasons for this difference in recruitment between educated women and educated men.

The Committee requests the Government to continue to provide information on the measures taken to ensure that discrimination in employment and occupation does not occur on any of the grounds in the Convention, with particular emphasis on the grounds of discrimination other than those explicitly mentioned in the report, such as discrimination based on political opinion.

6. The Committee is addressing a direct request to the Government on certain other points.

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

The Committee takes note of the information supplied by the Government in reply to its previous direct request.

1. The Committee notes the statistics supplied concerning the number of regional vocational training centres, the disciplines taught, the numbers of apprenticeship certificates awarded and occupational tests carried out in 1992, as well as the Government's statement that training is open to persons of both sexes. The Committee would point out, however, that it had requested statistical evidence on access to vocational training, particularly concerning a breakdown of participants by sex and origin, with a view to being able to assess the implementation of the national policy of non-discrimination in practice. Referring to paragraph 247 of its 1988 General Survey on Equal Opportunity in Employment and Occupation, the Committee stresses the importance of having available statistical analyses of the distribution of labour in the national economy so as to identify de facto discrimination through, for example, occupational segregation based on sex, religion or race. Accordingly, it would repeat its request for detailed statistical breakdowns, by sex and religion, of participants in the various vocational training centres.

2. The Committee notes from the Government's report to the Committee on the Elimination of Racial Discrimination (UN document CERD/C/222/Add.1 of 11 February 1993) that questions of racial divisions and racial superiority or inferiority have become less important because most of the population in the northern and central parts of Sudan is the result of fusion between Arabs and Africans, and that there are penal sanctions prescribed under section 64 of the Penal Code where any group of persons disturbs communal peace and harmony on the basis of racial and ethnic prejudices. The Committee requests the Government to provide information on any cases presented to the courts - particularly the labour courts - involving discrimination in employment on the basis of race.

3. The Committee notes from the same report that, as a sign of national integration, the personnel composing national courts and tribunals are appointed irrespective of sex, race, national origin or religion. It requests the Government to provide details of the racial composition of the courts, tribunals and police forces of the country and to provide details of the measures taken or contemplated by the Government to facilitate access of persons of non-Arab extraction to posts in the judicial system.

4. The Committee notes from the Government's report to the CERD that the Passports and Immigrations Act, 1970, appears to require additional conditions to be met by women who wish to travel abroad, due, according to the Government, to "their physiological weaknesses". The Committee asks the Government to indicate these additional requirements and how they affect women's access to education, training or employment which might require foreign travel. Please supply a copy of the relevant legislative provisions.

5. The Committee notes the Government's statement that instructions had been issued requiring women in public posts to wear apparel in conformity with the Shari'a, but that no measure of any sort has been taken against persons disobeying those instructions since there is no legislative basis upon which to base any such punishment and that, since no law has been adopted on the subject, "the freedom of women remains authorized with the limits of the law". The Committee would be grateful if the Government would provide a copy of the instructions in question and would indicate their legal and practical effects.

6. The Committee would be grateful if the Government would supply a copy of the Public Service Law, 1991, with its next report.

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

The Committee notes the information supplied by the Government in reply to its previous observation.

1. The Committee had noted that the 1985 Constitution, article 17 of which provided for equality of opportunity in employment without discrimination on the basis of origin, race, colour, sex, religion or political opinion, had been suspended and that there was no legislative provision in force prohibiting discrimination on the grounds covered by the Convention. The Committee notes with interest that in the framework of the revision of the labour legislation, a provision giving express effect to the Convention will be included in the legislation. It hopes that the Government will be able, in its next report, to indicate the progress made in this connection and that it will supply a copy of any legislation adopted to implement the provisions of the Convention.

2. The Committee notes that section 6(c)(6) of Constitutional Decree No. 2 of 30 June 1989, which declared a state of emergency throughout the Sudan and dissolved all political parties and trade unions, provides that measures may be taken to terminate the service of any public employee and every contract with a public office, while preserving the rights to service benefits or compensation.

The Committee recalls that under Article 4 of the Convention measures intended to safeguard the security of the State must be sufficiently well defined and delimited to ensure that they do not become discrimination based on any of the grounds precribed in the Convention. As stated in paragraph 136 of the Committee's 1988 General Survey on Equality in Employment and Occupation, the application of such measures must be examined in the light of the bearing which the activities concerned may have on the actual performance of the job, tasks or occupation of the person concerned. Otherwise, there is a danger, and even likelihood, that such measures entail distinctions and exclusions based on political opinion or religion, which would be contrary to the Convention.

In view of the very general wording of section 6(c)(6) of Constitutional Decree No. 2, the Committee requests the Government to supply full information in its next report on the practical application of this provision and, in particular, on the number of persons whose service was terminated, the functions occupied by them, the reasons for their termination and the right of appeal available to them.

3. Regarding measures taken to eliminate discrimination and to promote equality of opportunity and treatment in employment, particularly in respect of employment under the direct control of a national authority, the Committee notes the Government's statement that it intends to set up selection committees for the public service in all the regions of Sudan and that access to the public service is open to all Sudanese without discrimination whatsoever apart from the requirements of competence and qualifications.

The Committee would appreciate receiving information on the measures taken by the selection committees to promote equality of opportunity and treatment in the public service, as well as statistical data on the number of persons employed in the public service, by occupations and levels of responsibilities, disaggregated by sex, and, if available, national extraction and religion.

The Committee also requests the Government to indicate the measures taken to ensure the implementation in the private sector of a policy of non-discrimination and of promotion of equality in employment irrespective in particular of sex, race, colour, religion and national extraction. It would appreciate receiving the statistical data requested above on employment in the private sector.

[The Government is asked to report in detail for the period ending 30 June 1993.]

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

1. The Committee has taken note of the information supplied by the Government in its report in response to the Committee's previous direct request concerning the Ministerial Council for Human Resources Development and the Central Labour Commission, the establishment of which was under consideration. The Committee asks the Government to keep it informed of developments in that respect and of any measure taken by the bodies comprising employers' and workers' representatives to ensure equality of opportunity of treatment in respect of employment.

2. The Committee has taken note of the information provided concerning the activities of the regional vocational training centres. It asks the Government to transmit with its next report more detailed information on those regional centres, their achievements and their programmes, together with statistics on the type of training provided, the number of students and graduations, their distribution by sex and origin, etc. In addition, it requests the Government to supply details as to the scope of condition No. 3 for admission to the training centres, namely that of "being physically suitable".

3. The Committee has been informed of the adoption in November 1991 of measures requiring women working in public posts to wear apparel in conformity with the Shari'a. The Committee asks the Government to supply information concerning these measures and their effects on the employment of women. In particular the Committee asks the Government to indicate what penalties are applicable in the event of non-compliance with that obligation and how it is made sure that such measures do not give rise to discriminatory practices that would be contrary to the Convention.

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

In its previous observation, the Committee noted the Government's indications to the effect that the Constitution and the labour legislation guaranteed equal opportunity in employment for all citizens and protected workers against any discrimination in employment and occupation, whether on the basis of origin, race, colour, sex, religion or political opinion. It also noted that, according to the Government, the principles of equity and equality applied to all employment available in all regions of the country, and it asked the Government to indicate the positive measures taken to ensure effective promotion of equality of opportunity and treatment in employment, in accordance with the Convention.

The Committee notes that in its latest report the Government repeats the statements described above and adds that it is adopting a policy designed to consolidate the country's economic boom.

The Committee notes that the 1985 Constitution, section 17 of which stipulates the right to equality of opportunity in employment and prohibits all descrimination on the basis of origin, race, colour, sex, religion or political opinion, has been suspended since 1987; it points out that the labour legislation (Labour Act of 1974 and Public Service Regulations of 1975) do not contain any provision expressly prohibiting discrimination on the grounds enumerated in the Convention.

The Committee asks the Government to indicate how respect for the principle of non-discrimination is ensured in law and in practice and what measures have been taken to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof, in accordance with Article 2 of the Convention. It refers to paragraph 158 of its General Survey of 1988 on Equality in Employment and Occupation, in which it indicated that this national policy should "be clearly stated, which implies that programmes for this purpose should be or should have been set up and, secondly, should be applied, presupposing State implementation of appropriate measures".

In the absence of any information to show that such a policy has been stated or that it has been applied in practice, and having regard to the suspension or vagueness of the legal texts on the subject, the Committee again asks the Government to supply full and precise information on the measures taken or contemplated at the national, regional and local levels to promote equality of opportunity and treatment and to eliminate all discrimination in employment on the basis of race, colour, sex, religion, political opinion or ethnic or social origin. In particular, the Committee asks the Government to indicate the measures taken to implement that policy in respect of employment under the direct control of a national authority, in accordance with Article 3(d) of the Convention and to ensure equality in access to vocational training, access to employment and to the various occupations, and conditions of employment.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes that the Government's report contains no answer to its previous direct requests. It again requests the Government to supply full information on efforts to set up a Human Resources Development Board on which workers and employers are to be represented, and on the activities and results of the regional vocational training centres, mentioned by the Government in an earlier report.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the Government's reply to its previous comments.

1. In its previous comments the Committee noted the adoption in 1985 of a new Constitution which provides, under article 17, the right to equal opportunity in employment for all citizens and prohibits any discrimination made on the basis of origin, race, colour, sex, religion or political opinion. The Committee requested the Government to indicate the measures taken or envisaged to ensure the implementation of this constitutional provision in practice and the bearing of such measures on the application of the Convention.

In its reply, the Government recalls the constitutional prohibition of discrimination in employment with regard to race, religion or social origin; it adds that the Manpower Act of 1974 does not provide for any discrimination in access to employment and recalls also that under the Public Service Regulations, 1975, all candidates have an equal right to apply for vacant posts in the public administration without any distinction other than those based on their qualifications and competence. Finally, the Government states that the principles of equity and equality apply to all employment available in all regions of the country.

The Committee takes note of these indications on general legal principles. It refers however once again to the explanations provided in paragraphs 25 and 51 of its 1971 General Survey on Discrimination as well as paragraphs 15 and 240 of its 1988 General Survey on Equality in Employment and Occupation in which it stressed the positive and continuous nature of the measures to be taken within the framework of national legislation and policy under Articles 2 and 3 of the Convention and the need for governments to provide detailed information on the various aspects of such continuous action. The Committee therefore hopes that the Government will supply full information on all steps taken at the national, regional or local level to ensure effective promotion of equality of opportunity and treatment in employment or occupation, irrespective of race, colour, sex, religion, political opinion, ethnic or social origin and that it will indicate the results obtained particularly with regard to: (a) access to vocational training; (b) access to employment and to particular occupations; (c) conditions of employment.

2. As regards measures to protect persons of a certain ethnic or social origin against the imposition of forced labour, the Committee refers to its observation under Convention No. 29.