Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Context and developments relating to labour inspection. Further to its previous observation, the Committee notes the general information provided by the Government in its report received on 29 October 2008 concerning the current transitional state of labour inspection. The Committee notes that the legislative amendments which have been announced for a number of years have still not been adopted and that most inspection activities have been transferred to the labour offices in the provinces (wilaya), while inspection work at the federal level is limited to a few areas of an exclusively national character.

The Government refers to the signature of the Comprehensive Peace Agreement, which resulted in the adoption of a transitional Constitution, the setting up of a government of national unity and the revision of all Sudanese laws to ensure that they are constitutional. The Labour Code is also being revised by a tripartite committee and, according to the Government, the final procedures for its approval are under way.

With regard to the central structures of the Ministry of Labour, their functioning has been suspended until the finalization of all job descriptions. The Government points out that the decentralized structures have been assigned mandates which have been extended by the Constitution and by the Comprehensive Peace Agreement.

Labour inspection and child labour. The Committee notes with interest that requests for technical assistance in this area have been successful. The Government indicates that a mission went to the country in July 2008, and information available to the ILO also refers to the recent signature of the cooperation agreement announced by the Government. This document concerns the launching of a project covering law and practice, and aiming in particular to promote the rights of the child with respect to education and work. The department responsible for women and children at the Ministry of Labour will also receive support in the context of this project to enable it to reach the different wilaya.

Article 5(a) of the Convention. Cooperation between the inspection services and the judicial system. The Committee notes that the Government has examined and welcomed the guidance on this subject which it provided in its general observation of 2007 and declares that it will take it into account in practice.

In view of the scope of the reforms announced by the Government, the Committee hopes that it will supply detailed information in its report in 2009 on all developments during the reporting period with regard to the organization, functioning, human and material resources, and activities of the labour inspectorate and their results. It hopes that this information will be supported by any relevant documents, including on the role of labour inspectors in combating child labour. The Government is also requested to send a copy of the new Labour Code once it has been adopted.