Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

The Committee notes the Government’s first report. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes that section 313 of the Penal Code of 2003 penalizes the transfer of possession or control of any person to another for cash or kind for the purpose of confining that person or forcing that person to perform unlawful labour. Section 315 punishes anyone who transfers outside Sudan the possession or control of any person obtained within Sudan in the same manner as if such transfer had taken place within Sudan. Section 315A states that whoever procures, entices or leads away, even with his consent, any person for immoral purposes to be carried outside Sudan commits an offence.

Clause (b). Use, procuring or offering of children under 18 years for prostitution, for the production of pornography and for pornographic performances. The Committee notes the Government’s information that section 32 of the Child Act of 2004 specifies that the employment of children shall be prohibited, amongst others “in any sexual or pornographic exploitation”. It notes that section 310 of the Penal Code of 2003 states that any person who buys, sells, hires, lets to hire or otherwise obtains possession or disposes of any person with the intent that such person shall be employed or used for any unlawful or immoral purpose or knowing it to be likely that such person will be employed or used for any such purpose, shall be punished. It also notes that sections 234 and 235 of the Penal Code prohibit obscene or indecent acts in a public place, and the sale, distribution or exhibition of obscene writing, book, film or painting.

Clause (c). Use, procuring or offering of a child for illicit activities. Production and trafficking of drugs. The Committee notes that section 15(2)(c) of the Narcotic Drugs and Psychotropic Substances Act of 1994 specifically punishes any person who commits crimes related to trafficking in narcotic drugs and psychotropic substances – including the production, manufacture, import, export, sale, etc. – if these acts are committed in association with a minor. Furthermore, any person who uses a minor in the commission of the crime of providing narcotic drugs or psychotropic substances, or who provides narcotic drugs or psychotropic substances to students or distributes such drugs or substances in places of schooling, shall be punished (section 16(2)(c) and (d)). The Committee takes due note of this information.

Clause (d). Hazardous work. The Committee notes the Government’s information that subsection (1) of section 21 of the Labour Act of 1997 states that no “child” shall be employed in a list of eight types of hazardous work. Subsection (2) of section 21 provides that “children” shall not be employed in industries and dangerous works which are injurious to their health or those which require physical effort, or in works and jobs which are injurious to their morals. However, the Committee notes that the Labour Act defines a “child” as a person under 16 years of age. In this regard, the Committee reminds the Government that, by virtue of Article 3(d) of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age. Accordingly, in the framework of the reform of the Labour Act, the Committee urges the Government to take the necessary measures to amend the relevant provisions of the Labour Act in order to ensure that no person under 18 years of age is authorized to perform hazardous work, in accordance with Article 3(d) of the Convention.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s information that subsection (1) of section 21 states that the following types of hazardous work are prohibited to children under 16 years: (a) carrying heavy weights; (b) steam boilers and pressure receptacles; (c) blast furnaces and foundries; (d) work done under the ground or underwater and work in mines or quarries; (e) work in the composition of lead and its compounds; (f) work in which workers are exposed to poisonous or injurious materials whether organic or inorganic such as lead, mercury, cyanide, calcium, petroleum and its compounds; (g) radiation work and ionizing radiation; (h) maintenance of machinery and belts thereof. It also notes that subsection (2) of section 21 states that the Minister or any other person delegated by the Minister shall specify certain works and jobs which are injurious to the health and morals of children. The Committee also notes that, according to the Government, a tripartite committee was set up in order to prepare a list of hazardous and prohibited tasks in which the employment of children is prohibited. The Committee takes note of the comprehensive draft list, in the process of being approved, supplied by the Government. This list contains about 55 occupations or industries prohibited for children under 18 and 17 years, including the lifting or pulling weights; construction work; and underground work in mines and quarries. The Committee requests the Government to provide a copy of this list, as soon as it has been approved.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s information that the Ministry of Labour has set up a tripartite committee which includes experts, specialists and members of organizations working in the field of childhood which elaborated a list of the worst forms of child labour and the places where such work is undertaken. This list is not yet approved. The Committee requests the Government to supply a copy of this list once it has been approved.

Article 5. Monitoring mechanisms. Labour Inspectorate and Unit on Women and Children within the Ministry of Labour. The Committee notes that, according to section 69(1) of the Labour Act, a competent labour officer or any person with the approval of the competent authority, may enter a workplace during working hours and he/she may ask the employer to give any information for the implementation of the provisions of this Act. Furthermore, section 87(1) of the Labour Act provides for the appointment of an industrial safety inspector who, according to section 88(1), has the power to enter the factory premises during working hours, at any time to inspect, inquire into accidents, examine the equipment and materials, take samples and to verify particulars. The Committee notes the Government’s statement that one of the difficulties encountered in the application of the Convention consists in the weakness of the labour inspectorate, including the inspection of child labour, mainly due to the lack of computers and vehicles used in inspections and the necessary funds to undertake research, studies and statistics. The Committee also notes the Government’s information that a special unit on women and children was set up within the Ministry of Labour and that efforts are being deployed to establish similar units in the provinces whilst seeking to strengthen the labour inspectorate responsible for child labour. For this purpose, the Government envisages the necessity of training working officials and setting up a special inspection unit on child labour in the various provinces of Sudan. The Committee encourages the Government to provide information on the measures taken to strengthen the role of the labour inspectorate. It also requests the Government to provide information on the functioning and activities of the special unit on women and children set up within the Ministry of Labour.

Article 6. Programmes of action. The Committee notes the Government’s information that a tripartite committee was set up in addition to other occupational groups to formulate programmes of action aimed at the eradication of the worst forms of child labour, wherever they are found. The programmes of action have not yet been elaborated. The Committee requests the Government to keep it informed on any developments towards the adoption of programmes of action aimed at the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that the Penal Code provides for sufficiently effective and dissuasive penalties of imprisonment for the offences of sale and trafficking (section 315 and 351A) and for disposing of a person for immoral purposes (section 313). It notes the Government’s information that section 67(d) of the Child Act of 2004, states that any person who violates section 32 (prohibition of forced labour, sexual or pornographic exploitation, illegal trade or exploitation, or use in armed conflict) shall be punished by imprisonment for a maximum period of 15 years and by a fine decided upon by the tribunal. It also notes that section 126(2) of the Labour Act makes any contravention of the provisions of the Act and its regulations an offence punishable with imprisonment for a term not exceeding six months or a fine, or both. In case of repetition of the contravention the fine may be doubled.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s information that article 44(2) of the Constitution of 2005 of the Transitional Sudan Republic specifies that education at the primary level is compulsory and is provided free of charge. It also notes the Government’s information that a special unit for girl’s education was set up at the Ministry of Education which is responsible for the enrolment of girls who are of school age. This is a national strategy which seeks to stop school drop-outs, and to eliminate the gap in the  education of girls as compared to boys by 2015. The Committee observes that, according to the information contained in the Government’s periodic report to the Committee on the Rights of the Child of 6 December 2001 (CRC/C/65/Add.17, paragraphs 245 and 246), the developments made in the field of education include the attention devoted to non-formal education as a way of making education accessible to children of different ages who are not in school or who dropped out of the early stages of basic education, with particular emphasis on girls. Special education programmes for youngsters between 9 and 14 years run in parallel with formal basic education. Moreover, educational programmes, including the opening of new schools, have been developed in order to assist: (a) children displaced by drought and war; (b) nomad children (by 1997, 259 mobile schools have been opened in cooperation with UNICEF); (c) refugee children. The Committee welcomes the educational measures adopted by the Government. Nevertheless, it notes that in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraphs 53-56) the Committee on the Rights of the Child expresses its concern at the very low level of public spending on education and at the very high drop-out rates especially in primary education. It also expressed its concern at the fact that the availability, accessibility and quality of education in the southern part of the country is much worse than in the rest of the country. It recommended the state party to urgently implement measures to raise the number of children enrolling in education; implement measures to improve children’s access to schools through, inter alia, the provision of transport to schools over a certain distance away or the establishment of additional schools closer to children; give particular attention to increasing the number of girls enrolling in and completing education. The Committee considers that education plays an important role in preventing children from engaging in the worst forms of child labour. It encourages the Government to strengthen its efforts to improve the access of children to free basic education, in particular children living in disadvantaged areas, especially in the southern part of the country. It also requests the Government to continue providing information on the educational measures adopted to improve the access to free basic education of: girls, children displaced by war; nomadic children and refugee children; and results achieved. It finally asks the Government to supply data on the enrolment and drop-out rates in school.

Clause (d). Identifying and reaching out to children at special risk. Disadvantaged children: refugees; internally displaced; children living on the street. The Committee notes that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraphs 57, 58 and 67), expressed its concern at the large number of Sudanese children who continue to live as refugees in neighbouring countries and at the situation of internally displaced children. The Committee also expressed concern at the large numbers of children living on the street in urban areas who are vulnerable to sexual abuse, violence, exploitation and the abuse of various substances and that they lack access to education. The Committee requests the Government to provide information on the effective and time-bound measures taken or envisaged to protect child refugees, internally displaced children and children living on the street from the worst forms of child labour.

Article 8. International cooperation. The Committee notes the Government’s statement that, under the aegis of cooperation between the Governments of Egypt and Sudan, visits to the Egyptian Ministry of Labour were made to learn from the Egyptian experience in the field of combating child labour in general, and the elimination of its worst forms in particular, in view of Egypt’s pioneering experience in the field.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes the Government’s information that it lacks official documents, such as labour inspection reports and studies because of the weakness of the labour inspectorate. It requests the Government to provide information on the practical difficulties encountered in the application of the Convention and to continue reporting on the developments regarding these and other aspects, including a general appreciation of the manner in which the Convention is applied in Sudan. It finally requests the Government to provide information, as soon as it becomes available, on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and penal sanctions applied.