Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

Abolition of slave-like practices

For several years, the Committee has been examining, in relation to the application of the Convention, information concerning the practices of abduction, trafficking and slavery affecting thousands of women and children in the southern regions of the country where an armed conflict is under way, but also in regions under government control. In its last observation, the Committee requested the Government to provide detailed information on the measures taken to eliminate these practices, particularly in cases in which they are carried out with the participation of government troops and/or its allied forces. It also requested the Government to provide information on the investigations being carried out and details of the concrete measures taken, including the cases brought to justice and the numbers of convictions, penalties and remedial measures taken.

In its conclusions adopted in June 2000, the Conference Committee on the Application of Standards, while noting the positive measures taken by the Government, including the establishment of the Committee for the Eradication of the Abduction of Women and Children (CEAWC), expressed its deep concern at continuing reports of abductions and slavery and urged the Government to pursue its efforts with vigour. It also expressed the hope that the Government’s report would indicate that measures had been taken, including punishment of those responsible, for the application of the Convention in law and practice. The Conference Committee decided that its conclusions on the case of Sudan would be placed in a special paragraph of its report.

The Committee notes the observations made by the World Confederation of Labour (WCL) in a communication dated 16 October 2000, which were forwarded to the Government on 31 October 2000 so that it may make the comments thereon that it considers appropriate. The WCL’s comments, based on information collected by Christian Solidarity International and Christian Solidarity Worldwide, report the persistence of practices of the abduction of women and children, accompanied by violence with the aim of reducing these persons to slavery. According to the testimony gathered by Christian Solidarity International during several missions to the country (January and May-June 2000) "the raids for slaves are undertaken mainly by militias, which are formed into PDF units and by the regular army. They are accompanied by atrocities, such as murder, torture, rape (…) and the destruction of property. The main targets of these raids are the Dinka community of northern Bahr el Ghazal and the people of the Nuba mountains". The comments also refer to the persistence of practices of slavery on a large scale in areas controlled by the Government, and particularly in the areas of Darfur and Kordofan, and to "state slavery" which, according Christian Solidarity International, continues to exist in camps known as "peace camps" where, according to the above organization, hundreds of thousands of women and children are placed and the latter are obliged to attend Koranic schools, while the women are forced to work in private homes or on farms. Christian Solidarity Worldwide also refers to the participation of the National Islamic Front in the abduction and enslavement of hundreds of women and children used as agricultural labour in the north of the country. The documents provided contain a large number of testimonies of persons who have been abducted and who confirm that their experience coincided with the allegations that the Committee has been receiving for many years.

The Committee notes the observations provided by the International Confederation of Free Trade Unions (ICFTU) in August 2000, a copy of which was forwarded to the Government on 18 September 2000.

The Committee notes the report by the Special Rapporteur of the Commission on Human Rights of the United Nations on the situation of human rights in Sudan (UN document A/55/374), dated 11 September 2000. "During his mission, the Special Rapporteur received general information reiterating data collected previously, indicating that between 5,000 and 15,000 Dinka children and women had been abducted and transferred to the areas of the Arab Baggaara tribesmen. Abductions allegedly occurred during raids by Baggaara armed militia, maverick groups and bandits, or members of the government-affiliated People’s Democratic Front (PDF). Abductees are subsequently forced to herd cattle, work in the fields, fetch water, dig wells, do housework and perform sexual favours. Their treatment is extremely harsh: abuse, torture, rape and, at times, killing being the norm" (paragraph 30).

The Committee notes the report of the Canadian Assessment Mission, of January 2000, on human security in Sudan. The Mission was mandated by the Sudanese and Canadian Ministers of Foreign Affairs to independently investigate human rights violations, specifically in reference to allegations of slavery and slavery-like practices in Sudan. The report indicates that the core allegation of slavery in Sudan is not any sensational claim which can be criticized for inflation of numbers or ignorance of complexities, but that it is a matter of record. According to the report, it is the continued assault on lives and liberty of the Dinka people of Bahr el Ghazal by Arab raiders, the Murahleen first armed by the Government in 1985 and figuring in one way or another in the Government’s current war strategies. Three perpetrators of abduction operations are cited in the report: (1) "tribal groups have been known to organize raids with "representatives" from other Arab groups"; (2) "we believe there is formal recruitment by the Government of Sudan of militia to guard the train (which carries supplies from the north through Aweil and Wau to Bahr el Ghazal) from possible SPLA attacks. These Murahleen, who are engaged by the Government but not paid, attack villages suspected of supporting the SPLA on the way from Babanusa to Wau and back. Their booty consists not just of goods, but also of women and children and the question of abolishing the practice of abductions will remain for as long as such persons have no other pay than their "booty"; (3) joint punitive raids carried out by the Government and the Murahleen who, under the Popular Defence Act, enjoy the status of state-sponsored militia, the People’s Defence Force (PDF).

The Committee notes the Government’s report and the information provided orally in June 2000 to the Conference Committee on the Application of Standards.

In its report, the Government reiterates its commitment to eradicate the abduction of women and children and to cooperate with the international community in this respect. The Committee notes that the Government has not responded to the observations made by the ICFTU in September 2000.

The Committee had previously noted the establishment in May 1999 of the Committee for the Eradication of the Abduction of Women and Children (CEAWC), with the mandate: to facilitate the safe return of affected women and children to their families as a matter of priority by giving full support (whether financially, administratively or otherwise) to the efforts of the tribal leaders concerned; to investigate reports of the abduction of women and children subjected to forced labour and similar practices; to bring to trial any persons suspected of supporting or participating in such activities and not cooperating with the CEAWC. The Committee also notes that CEAWC is also called upon to recommend measures to be taken for the eradication of this practice (the Eradication of Abduction of Women and Children Order, 1999).

In his statement to the Conference Committee on the Application of Standards (June 2000), the Government representative indicated that 1,230 cases of abduction had been addressed and that 1,258 abducted persons had been able to return to their families. Furthermore, he stated that fact-finding missions, shelters for victims of abductions and the establishment of outposts in affected areas were planned for the year 2000.

The Committee notes the report of the CEAWC for the period May 1999 to July 2000, which confirms the figure of 1,230 cases, as indicated by the Government in June 2000. However, the report indicates that 353 abductees have returned to their homes, in contrast to the figure of 1,258 cited by the Government representative in the Conference Committee. The report of the Special Rapporteur of the Commission on Human Rights also cites the figure of 353 children who have been able to be returned to their families out of the 1,230 documented cases of abducted children who were traced and retrieved in field missions (A/53/374, paragraph 32). The Committee requests the Government to provide explanations concerning the differences in these figures for the number of persons who have been able to return home, as well as to provide copies of the future reports of the CEAWC on its activity.

With regard to the effectiveness of CEAWC the Committee notes that:

-  according to the Special Rapporteur of the Commission on Human Rights, "despite the strong commitment shown by some members of the CEAWC, the process had been inordinately slow" and expensive. According to the Special Rapporteur, "no serious investigation had taken place of the root causes of this practice, possibly because of a lack of engagement of the top political leadership in the process or a reluctance to cooperate" (paragraphs 33 to 35). He also expressed his dismay at a further attack which had occurred after the establishment of the CEAWC: "on 21 February 2000, PDF allegedly attacked several villages in eastern Aweil and Twic counties, northern Bahr el Ghazal, killing 16 civilians, abducting some 300 women and children";

-  according to the conclusions of the Canadian Assessment Mission, "the creation of CEAWC is a first step, but so far an insufficient one, towards ending a practice, abduction into a condition of being owned by another person, which must be stopped";

-  the ICFTU in its observations, based on information compiled by Anti-Slavery International, reports the figure of 14,000 people originating in southern Sudan and now located in southern Darfur or southern Kordofan. Many of them, who are women and children, belong to the Dinka ethnic group and had been abducted from Bahr el Ghazal. Some are still subjected to forced labour and a very few of them, of the hundreds who have been freed, have been able to return home.

The information from Anti-Slavery International submitted by the ICFTU also refers to the militia accompanying the supply train for government garrisons in Aweil and Wao, towns in Bahr el Ghazal situated on the railway, and states that as long as such armed groups accompany trains into Bahr el Ghazal, it seems probable that the abductions will continue. Referring to abductions on 21 February 2000, Anti-Slavery International expresses the view that no measures have been taken by the Government to end the raids, in which unarmed civilians are abducted and taken into slavery or forced labour, nor has the Government provided the necessary resources to ensure that those who are freed are reunited with their families. As a result, some children whose release has been secured and who have left the Baggaara families for whom they were working have subsequently been detained by government officials, in the absence of adequate plans to arrange their return home. It states that the CEAWC has launched appeals for substantial amounts from donors, but that the Government of Sudan does not appear to be willing to participate in the fairly high costs of repatriation operations.

Article 25 of the Convention.  The Committee notes that, according to its mandate, the Committee for the Eradication of the Abduction of Women and Children (CEAWC) should bring to trial persons suspected of supporting or participating in the practices of the abduction of women and children.

The Committee notes that the Government’s report does not contain information enabling it to ascertain compliance with the provisions of Article 25 of the Convention, under the terms of which "the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced".

The Committee notes sections 161, 162 and 163 of the Criminal Act, 1991, respecting abduction, kidnapping and forced labour. The Committee notes that the penalty envisaged for the exaction of forced labour is only one year of imprisonment.

The Committee notes from the indications of Anti-Slavery International communicated by the ICFTU that the CEAWC has not recorded the identity of the persons who were detaining the women and children, apparently out of concern that they might refuse to cooperate through fear of prosecutions. According to Anti-Slavery International, this would have the effect of ensuring impunity for those who exploit forced labour.

The Committee requests the Government to indicate the provisions of the Criminal Act under which persons found guilty of the abduction and imposition of forced labour will be charged and the procedures for bringing such persons to trial.

The Committee trusts that the Government will take the necessary measures to ensure that, in accordance with the Convention, penal sanctions are imposed on persons convicted of having exacted forced labour, and that it will provide copies of the court decisions made.

The Committee observes once again the convergence of allegations and the broad consensus among the bodies and agencies of the United Nations, the representative organizations of workers and non-governmental organizations concerning the continuing existence and scope of the practices of abduction and the exaction of forced labour. The Committee observes that the situations concerned constitute gross violations of the Forced Labour Convention, 1930 (No. 29), since the victims are forced to perform work for which they have not offered themselves voluntarily, under extremely harsh conditions, and combined with ill treatment which may include torture and death. Moreover, such forced labour for most women involves the requirement to perform sexual services. While noting that a first step has been taken with the establishment of the CEAWC, the Committee considers that the scope and gravity of the problem are such that it is necessary to take urgent action that is commensurate in scope and systematic.

The Committee requests the Government to indicate the measures which have been taken to bring the Government’s intention to bring an end to these practices to the notice of groups which are identified as being responsible for abductions, and it requests the Government to provide information on any further measure taken with a view to eradicating the exaction of forced labour.

The Committee hopes that the Government will be able to provide in its next report information on effective measures which have been taken to ensure compliance with the Convention.

[The Government is asked to supply full particulars to the Conference at its 89th Session and to report in detail in 2001.]