Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Supply of legislation. The Committee requests the Government once again to supply copies of the legislation in force concerning freedom of association, assembly and expression of political opinion, in order to enable the Committee to assess their conformity with the Convention. Please also supply copies of the amendments to the Criminal Procedures Act of 1991, passed by the National Assembly on 20 May 2009, to which a reference is made in the observation under the Convention.

Article 1, subparagraph a, of the Convention. Punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform prison labour) could be imposed under sections 50, 66 and 69 of the Criminal Act (committing an act with the intention of destabilizing the constitutional system, publication of false news with the intention of harming the prestige of the State and committing an act intended to disturb public peace and tranquility). The Committee recalls that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour, including compulsory prison labour, as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It also points out that the protection conferred by the Convention is not limited to activities expressing or manifesting opinions diverging from established principles; even if certain activities aim to bring about fundamental changes in state institutions, such activities are covered by the Convention, as long as they do not resort to or call for violent means to these ends.

Referring to its observation under the Convention, in which it noted the Government’s indications that the Sudanese Parliament is in the process of revising the whole body of the Sudanese legislation in order to bring it into conformity with the Comprehensive Peace Agreement and the Interim National Constitution, the Committee trusts that the necessary measures will soon be taken with a view to bringing legislation into conformity with the Convention. It requests the Government to provide, in its next report, information on the progress made in this regard.

Article 1, subparagraph d. Punishment for having participated in strikes. For a number of years, the Committee has been referring to sections 112, 119 and 120 of the 1997 Labour Code, which specify that labour disputes which cannot be settled amicably within three weeks will be automatically referred to an arbitration body whose decision will be final and without appeal. Section 126(2) provides for a punishment of imprisonment (which involves compulsory prison labour) for a period of up to six months in cases of violation or refusal to apply the provisions of the Code.

The Committee recalls that restrictions on the right to strike, if enforced with sanctions involving compulsory labour, are incompatible with Article 1(d) of the Convention. The Committee previously noted the Government’s view that these provisions of the Labour Code are aiming at the observance of an arbitration body decisions, but observed that such provisions could also be applied to workers in a manner which exposes them inappropriately to sanctions involving forced labour.

Referring also to its 2008 observation addressed to the Government under Convention No. 98, likewise ratified by Sudan, the Committee expresses the firm hope that the necessary measures will be taken, in connection with the adoption of the new Labour Code, to amend the above provisions so as to ensure that sanctions involving compulsory labour cannot be used to punish participation in strikes, in order to bring legislation into conformity with the Convention. The Committee requests the Government to indicate the progress made with regard to the adoption of the new Labour Code and to provide a copy, as soon as it is adopted.

Compulsory prison labour. The Committee previously noted the Government’s indication in its earlier report that, according to the Prison Regulations of 1999, there is no compulsory labour in prisons and work is optional for prisoners. It requests the Government once again to supply a copy of the 1999 Prison Regulations with its next report, so as to enable the Committee to ascertain whether national legislation is compatible with the Convention.