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

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. In its previous comments, the Committee had noted that the Labour Act of 1997 states that children cannot be employed in eight types of hazardous work, as well as in industries and dangerous works which are injurious to their health or those which require physical effort, or in works and jobs which are injurious to their morals. The Committee had noted, however, that the Labour Act of 1997 defines a “child” as a person under 16 years of age. It had therefore reminded the Government that, by virtue of Article 3(d) of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age.

The Committee notes that, according to the Government’s information in its report communicated to the Office under the Minimum Age Convention, 1973 (No. 138) in 2008, Sudan is in the process of enacting a new Labour Act (draft Labour Act) so as to bring it into line with the international labour Conventions ratified by Sudan. The Committee notes that the Government also indicated that the draft Labour Act provides for the protection of working children by prohibiting their employment in hazardous work until they reach the age of 18 years. The Committee requests the Government to take the necessary measures to ensure that the draft Labour Act is adopted as soon as possible. It requests the Government to supply a copy of the provision of the Labour Act which fixes the minimum age for hazardous work at 18 years, as soon as it has been adopted.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted the Government’s information that a tripartite committee was set up in order to prepare a list of hazardous and prohibited tasks in which the employment of children is prohibited. It had noted that the draft list, which contains about 55 occupations or industries prohibited for children under 18 and 17 years of age, was in the process of being approved. The Committee notes the Government’s information, in its 2008 report communicated to the Office under the Minimum Age Convention, 1973 (No. 138), that this list shall be approved by the competent authorities and shall be annexed to the new Labour Act. The Committee requests the Government to take immediate measures to ensure that the draft list of types of hazardous work is adopted as a matter of urgency, in accordance with Article 1 and Article 4(1) of the Convention. It requests the Government to provide a copy of this draft list as soon as it has been adopted.

Article 5. Monitoring mechanisms. Labour inspectorate and Unit on Women and Children within the Ministry of Labour. In its previous comments, the Committee had noted the Government’s statement that one of the difficulties encountered in the application of the Convention consists in the weakness of the labour inspectorate, including the inspection of child labour, mainly due to the lack of computers and vehicles used in inspection and the necessary funds to undertake research, studies and statistics. The Committee had also noted the Government’s information that a special unit on women and children was set up within the Ministry of Labour and that efforts are being deployed to establish similar units in the provinces whilst seeking to strengthen the labour inspectorate responsible for child labour.

The Committee notes the Government’s information that an Inspection Unit has been established within the General Department for Labour Affairs of the Ministry of Labour and has been afforded means to facilitate its work, while ongoing efforts are currently being made to provide it with the required logistical support. However, the Government supplies no information on the activities of the labour inspectorate, including the number and nature of violations detected with regard to the worst forms of child labour. The Committee reminds the Government that, by virtue of Article 5 of the Convention, member States are required to establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention. Consequently, the Committee requests the Government to take measures to strengthen the labour inspection system, with particular reference to the role entrusted to labour inspectors in combating the worst forms of child labour, and to provide information on the results achieved.

Article 6. Programmes of action. The Committee had previously noted the Government’s information that a tripartite committee was set up in addition to other occupational groups to formulate programmes of action aimed at the eradication of the worst forms of child labour, wherever they are found. Noting the lack of information in the Government’s report on that subject, the Committee requests the Government to provide information on the programmes of action adopted in the framework of the activities of the tripartite committee in its next report.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee had previously noted that article 44(2) of the Constitution of 2005 of the Transitional Sudan Republic specifies that education at the primary level is compulsory and is provided free of charge. It had also observed that, according to the information contained in the Government’s periodic report to the Committee on the Rights of the Child of 6 December 2001, the developments made in the field of education include the attention devoted to non-formal education as a way of making education accessible to children of different ages who are not in school or who dropped out of the early stages of basic education, with particular emphasis on girls (CRC/C/65/Add.17, paragraphs 245–246). The Committee had welcomed the educational measures adopted by the Government. It had nevertheless noted that, in its concluding observations of 9 October 2002, the Committee on the Rights of the Child expressed its concern at the very low level of public spending on education and at the very high drop-out rates, especially in primary education (CRC/C/15/Add.190, paragraphs 53–56). It also expressed concern at the fact that the availability, accessibility and quality of education in the southern part of the country is much worse than in the rest of the country.

The Committee notes the Government’s information that the Ministry of Labour, Public Service and Human Resources Development, the Ministry of General Education and the Ministry of Social Welfare, Gender and Children’s Affairs, in collaboration with the ILO and the European Union, have signed a Protocol for combating child labour through education. The main objective of this Protocol is to build a partnership and support sustained efforts to combat child labour and encourage education, with a particular emphasis on girls, through, among other things, the implementation of the Millennium Development Goals in the field of education. However, the Committee notes that according to the UNESCO Education for All – Global Monitoring Report of 2008 (UNESCO Report), Sudan still faces massive challenges in retaining students through a complete primary school cycle and thus urgently needs to adopt strategies to expand access to out-of-school children and improve quality standards to retain them once they are enrolled. It also observes that, while there are no statistics on the enrolment rates at the primary level available, the gross enrolment rate at the secondary level is only 34 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to provide information on the time-bound measures taken, particularly in the framework of the Protocol for combating child labour through education, to increase school attendance and reduce school dropout rates. The Committee requests the Government to provide information on the results achieved, in particular the enrolment rates in primary education.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Child victims of trafficking for camel jockeying. The Committee notes that, according to the written replies by the Government under the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography of 10 April 2007, Sudan is a source country of children trafficked toward the Gulf countries to become engaged in camel jockeying. According to these written replies, a Committee on Eradication of Employment of Sudanese Children in Gulf States was created and various measures were adopted to combat the exploitation of children in camel racing, including the signing of a Memorandum of Understanding with UNICEF on the protection and integration of children participating in camel racing in the United Arab Emirates (CRC/C/OPSC/SDN/Q/1/Add.1, pages 23–27). In this regard, the Committee finally notes that, according to information from UNICEF, in April 2007, UNICEF and the delegates from the United Arab Emirates (UAE), Pakistan, Bangladesh, Mauritania and Sudan met to affirm their historic commitment to ending the use of children as camel jockeys and provide services and compensation to all children formerly involved in camel racing. Acknowledging that an international solution is the only effective way to protect former camel jockeys, the Governments of Bangladesh, Mauritania, Pakistan and Sudan commended an agreement signed by the UAE and UNICEF on 23 April 2007 to establish a second and expanded phase of their programme (until May 2009) to rehabilitate and repatriate child camel jockeys to their country of origin. The Committee notes, however, the concern expressed by the Committee on the Rights of the Child, in its concluding observations of 21 June 2007 under the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, that there continue to be cases where children, especially children belonging to particular tribes, are trafficked to the Middle East to be used as camel jockeys (CRC/C/15/Add.190, paragraph 33). The Committee urges the Government to continue to take the necessary measures to ensure that children under 18 years of age are not trafficked in future for the purpose of camel jockeying. It requests the Government to provide information on the results achieved in this regard with its next report.

Clause (d). Identifying and reaching out to children at special risk. Disadvantaged children: refugees, internally displaced, street children. The Committee had previously noted that the Committee on the Rights of the Child, in its concluding observations of 9 October 2002, expressed its concern at the large number of Sudanese children who continue to live as refugees in neighbouring countries and at the situation of internally displaced children (CRC/C/15/Add.190, paragraphs 57, 58 and 67). The Committee notes that, in its concluding observations of 21 June 2007 under the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, the Committee on the Rights of the Child noted that the conflict situation in Sudan, combined with extreme poverty, drought and famine, has contributed to the significant number of street children and internally displaced children who are particularly vulnerable to all forms of exploitation, including acts covered by the Optional Protocol (CRC/C/OPSC/SDN/CO/1, paragraph 17). The Committee on the Rights of the Child expressed concern at the information these children may resort to prostitution as a means for survival in exchange for food, money or basic goods. The Committee notes that the Government does not provide any information on this subject. It reminds the Government that child refugees, internally displaced children and street children are particularly exposed to the worst forms of child labour. The Committee therefore requests the Government to take effective and time-bound measures to protect these children from the worst forms of child labour and to provide information on the results achieved in this regard. It also requests the Government to provide information on the measures taken to provide for the rehabilitation and social integration of children who are actually removed from the streets.

Parts IV and V of the report form. Practical application of the Convention. Following its previous comments, the Committee notes that, in its concluding observations of 21 June 2007 under the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, the Committee on the Rights of the Child, while welcoming that a children’s information centre was being set up by the National Council for Child Welfare to include all indicators related to different aspects of childhood, expressed regret that the information on the extent and prevalence of sale, trafficking, child prostitution and child pornography was insufficient and that there was no centralized system of data collection on child protection issues (CRC/C/OPSC/SDN/CO/1, paragraph 7). The Committee reminds the Government that, so that the Committee can assess whether a member State that has ratified the Convention has complied with its obligations, it needs certain information, including statistical data, as requested in Part V of the report form. The Committee therefore requests the Government to take immediate measures to ensure that statistics on the incidence on the worst forms of child labour, including the sale and trafficking of children for labour or commercial sexual exploitation, child prostitution and child pornography, are available. It requests the Government to provide information on the progress made in this regard in its next report.