Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

1. The Committee notes the Government's report, and the discussion in the Conference Committee in June 1998. In its previous observation, the Committee referred to allegations of the continued existence of slavery and slave-like practices, particularly in the south of the country, where an armed conflict is under way. Based on the information concerning the situation in Sudan submitted by the Special Rapporteur to the United Nations Commission on Human Rights (UN document E/CN.4/1997/58) and communications from the World Confederation of Labour, the Committee had mentioned problems such as abductions and trafficking of women and children, particularly by the Popular Defence Forces. It had noted the forcible abduction of children into rebel armed forces, and that children were forced to transport ammunition and supplies by those forces. The Committee had also noted that a Special Investigation Committee had been established by the Ministry of Justice and that the Government had stated that problems which occurred were related not to slavery as such, but resulted from tribal disputes. The Government had also stated that it was not its responsibility because the areas held by the rebels were outside its control. The Committee noted that there were serious contradictions in the information before it. It recalled the longstanding indications of widespread illegal imposition of forced labour, tolerated or encouraged by the Government. It invited the Government to renew its investigations and to provide detailed information on its findings.

2. The Committee notes that, in the Conference Committee, the Government reaffirmed that it had adopted a serious attitude and was genuine in investigating all allegations of slavery and related practices. The Government also referred to the conclusions of a report by an independent investigator (the "McNair Report"), that Sudanese law was clear in unambiguously criminalizing any slave-like practices, such as kidnapping, abduction, unlawful detention, forced labour and unlawful confinement, and punishing them with imprisonment. The Government stated that it was sparing no effort to take effective measures. It was ready to make progress through the Special Investigation Commission. A National Commission for Human Rights had recently been set up by the Government. The Government also referred to decisive action it had taken over time to release children or other victims, as documented by various organizations. Some situations arose where children or other persons had been taken hostage and later redeemed by the payment of a ransom.

3. The Government also indicated that there had been recent political and constitutional developments. Peace talks held in Nairobi in May 1998 resulted in an agreement of self-determination for southern Sudan, and this has been enshrined in the new Constitution. It was hoped that these developments would bring an end to the protracted civil war which was one of the main reasons for the issue in question. The Government again asked for technical assistance, including training; it was prepared to give information on any future developments and the work of the ongoing Investigation Commission.

4. The Committee notes that the Conference Committee stressed that this was a particularly serious case affecting human rights. It takes due note of the information given to the Conference Committee on measures being taken to track down and bring an end to practices of slavery and notes that that Committee welcomed, in particular, the achievements of the Investigating Commission. However, the Conference Committee expressed its deep concern and urged the Government to ask again for assistance from the Office, to address the substance of the problem, which would ensure that there would be a serious attempt to eliminate slavery throughout the country. The Conference Committee expressed the hope that the Government would provide details to this Committee on the concrete measures taken, cases brought to justice, number of convictions made and the penalties imposed as well as measures envisaged.

5. The Committee observes that the Government's report does not contain any new information, as requested by the Conference Committee. The Committee further observes that no new information has been received from employers' or workers' organizations or from the UN Commission on Human Rights.

6. The Committee recalls that under Article 1(1) and Article 2(1) of the Convention the Government has undertaken to suppress the use of forced or compulsory labour in all its forms, that such labour is work or service for which any person has not offered himself voluntarily, and thus that abduction, kidnapping, trafficking and slavery-like situations must be abolished. The Committee is aware of the difficult situation in the country, including the civil war, and notes the repeated statements of the Government that certain parts of the country are not under its direct control. The Committee recalls however that the application of a ratified Convention is the responsibility of the Government.

7. The Committee asks the Government to provide the full text of the "McNair Report" and to indicate the mandate given, over what period the report was drawn up and under what conditions it has been prepared. The Committee asks the Government to provide the text of the agreement on self-determination and the text of the new Constitution to which it has referred. It notes that the Government has asked for assistance from the Office, to address the substance of the problem, and awaits the outcome of this assistance.

8. The Committee further asks the Government to provide the report of the Special Investigation Commission and to give information on any progress achieved through that Commission; and any report of the National Commission for Human Rights on this question.

9. The Committee asks the Government to provide details of the concrete measures taken, cases brought to justice, numbers of convictions made, penalties imposed (having regard to Article 25 of the Convention) and remedial measures envisaged.

[The Government is asked to report in detail in 1999.]