Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (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.