Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. Article 1(a) of the Convention. Sexual harassment.  The Committee notes that the report of the Government does not contain any information on the prohibition of sexual harassment in employment and occupation in reply to its general observation of 2002 and requests the Government to indicate in its next report whether sexual harassment has been prohibited, and, if so, how.

2. Prohibition of discrimination. The Committee notes that the Government’s report enumerates Articles 21, 25 and 34 of the Constitution. Noting that these provisions belong to Part II of the Constitution and referring to its previous direct request, the Committee would be grateful if the Government would supply information on whether Parts One and Two of the Constitution are still in force.

3. Article 2. Vocational training. The Committee recalls its previous comment requesting the Government to indicate the measures taken for the  promotion of equality of opportunity and treatment in vocational training and employment for all categories of workers, and particularly those who are most vulnerable in view of their social status, such as women, certain ethnic minorities and other marginalized social groups. The Committee notes that the Government’s report refers to a table of statistics of vocational training, which it has however omitted to enclose to its report. The Committee therefore hopes that the table will be provided with the next report, so that it can assess the progress made in this regard.

4. The Committee notes that the information contained in the Government’s report does not reply to any of the remaining points raised in its previous comments, therefore the Committee urges the Government to include in its next report full information on these points, which read as follows:

2. Article 2. Access of women to training programmes. The Committee noted in its previous comments that girls’ and women’s participation in technical training, such as mechanics, computer processing, electricity and technical drawing has increased. It further notes that the Government’s statement that the Vocational Training and Apprenticeship Act "does not discriminate between people on any ground". The Committee requests the Government to continue to provide information on the measures taken to promote women’s participation in training programmes and their access to employment and occupation. It also asks the Government to supply a copy of the Vocational Training and Apprenticeship Act.

3. Employment in the public service. The Committee notes the 1995 Public Service Regulations, and particularly Chapter 4 (selection and appointment) and Chapter 13 (promotion). In this respect, it wishes to recall the importance of the State’s responsibility to pursue a policy of equality of opportunity and treatment for jobs which are subject to its control, particularly with a view to ensuring the representation of minority groups (according to their race, colour, national extraction, religion, etc.) and a broader representation of women. In addition to the overall concern for their participation, there is also the concern to ensure the representation of members of these groups at all levels, including at higher levels of employment. Noting that the above Regulations do not address the issue of training during employment, which broadly determines possibilities for further promotion, the Committee requests the Government to indicate the measures which have been taken or are envisaged to promote training during the course of careers. It also requests the Government to provide statistics on the composition of the staff of the public service, disaggregated by sex, and on the distribution of members of vulnerable groups in the different sectors and at the different levels of the public service.

4. Article 5. Special measures. The Committee notes the Government’s statement that sections 19 and 20 of the Labour Law, 1997, afford more protection to women. It also notes that the regulations concerning the jobs and occupations which are prohibited to women, to be adopted under the abovementioned sections of the Labour Law, have not yet been prepared. The Committee hopes the Government will take this opportunity to re-examine these provisions, in consultation with the social partners and, in particular, with women workers, with a view to assessing whether it is still necessary to prohibit the access of women to certain occupations, in view of the improvements in conditions of work, changing attitudes and also the adoption by the ILO of its 1985 resolution on equal opportunities and equal treatment for men and women in employment; the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); the Night Work Convention, 1990 (No. 171); and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding Recommendations. In this respect, the Committee again notes that the Federation of Sudanese Women has challenged Decree No. 84/2000 (Wali Decree No. 84) in the Constitutional Court. The Decree was issued by the Governor of Khartoum, and envisaged prohibiting the employment of women in gas stations, hotels, restaurants and cafeterias. The Committee once again requests the Government to continue to provide information on the action taken by the Court as a result of this complaint and to provide a copy of the Court’s final decision, and of Decree No. 84/2000. Moreover, in view of the Government’s reaffirmation of its commitment to promote equality between men and women in employment and occupation, the Committee once again requests the Government to indicate whether it intends to extend to male workers certain advantages, such as optional overtime hours (section 20(3)) or longer rest periods (section 43(2)) accorded to women by the Labour Code.

5. Part IV of the report form. Judicial decision. In view of the Government’s indication in its previous report that the rare cases of racial discrimination brought before the courts principally concern conditions of work, the Committee had requested it to indicate the matters which had been raised in the abovementioned legal actions. Since the Government’s reply merely reiterates its previous statements, the Committee would be grateful if in future it would provide copies of the decisions handed down by the courts in cases of discrimination in employment and occupation on grounds of race, as well as on grounds of colour, sex, religion, political opinion, national extraction and social origin.