Observación (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

The Committee notes with regret that the Government's report has not been received. It notes the discussion which took place in the Conference Committee in 1992. In previous comments, the Committee took note of several documents of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities (such as documents E/CN.4/Sub/AC2/1988/7/Add.1; E/CN.4/Sub.2/1988/32; E/CN.4/Sub.2/1989/39 and E/CN.4/1992/55) referring to allegations of slavery practices.

The Committee notes the Government's statement to the Conference Committee that it completely denied these allegations. All Sudanese were totally free and had equal rights and duties. The law prohibited any form or exercise of the slave trade and the Government did not feel obliged to provide any information since no allegations had ever been brought to a tribunal and such practices did not exist in the first place.

The Committee notes the Criminal Act of 1991. It observes that, according to section 163, whoever commits forced labour on any person by unlawfully compelling him to work against his will shall be punished with imprisonment for a term not exceeding one year or with a fine or with both.

The Committee notes that in a document submitted to the UN Committee on the Rights of the Child, Anti-Slavery International refers to continued allegations of forced labour not only in relation with the Dinka populations but with the Nuba as well. It notes that the Committee on the Rights of the Child in its report of 29 January 1993 (document CRC/C19, dated 2 March 1993) has expressed its concern regarding the issues of forced labour and slavery and has requested additional information on these concerns.

The Committee recalls that Article 25 of the Convention requires that the illegal exaction of forced or compulsory labour be punishable as a penal offence, and moreover makes it an obligation on any Member ratifying the Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced.

The Committee observes that the Conference Committee pointed out that various United Nations bodies had reported on cases of slavery and that those allegations could not be considered completely unfounded since the Government did not report in full on the existing situation.

In order to be in a position to consider the situation, the Committee asks the Government to supply full information on the measures taken to ensure the practical application of Article 25 of the Convention, and on the measures taken to protect the Dinka and Nuba populations against any practices contrary to the Convention.

[The Government is requested to supply full details to the 80th Session of the Conference and to communicate a detailed report for the period ending 30 June 1993.]