Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Context and developments relating to labour inspection. Further to its previous comments, the Committee notes the Government’s statement that after the adoption of a transitional Constitution of 2005, and the implementation of the federal rule which is considered to be the administrative executive system in the country, the majority of powers were transferred to the provinces (wilayat). This required the revision of all Sudanese laws so as to be in conformity with the new rule. The Government further indicates that the Labour Code of 1997 is being revised, and that a draft of it has been sent to the ILO for comments. However, according to information available at the ILO, the Committee notes that a request has not been received despite repeated invitations by the Cairo Subregional Office. The Committee would be grateful if the Government would take the necessary steps to avail itself of the ILO technical assistance for the revision of the Labour Code and to provide information on the results achieved. Referring to its previous observation as to the delegation of most of labour inspection activities to the labour offices in the provinces, the Committee requests the Government to take the measures necessary to ensure, meanwhile, that workplaces continue to be inspected, as provided by the Convention (Articles 12, 13 and 16), and that an annual report on the work of the labour inspection services is published and a copy of it communicated to the ILO (Articles 20 and 21).

Article 5(a) of the Convention. Cooperation between the inspection services and the judicial system. With reference to its previous comments, the Committee notes the Government’s statement that the relationship between the inspection services at the Ministry of Labour and the judicial system is strong and historic. Each labour office has an inspection unit which carries out its inspection duties, and refers its violations to the judicial bodies. At the federal Government level, inspection has been restricted. It further indicates that some cases were referred to the courts in cases where the measures taken by labour inspectors, which consist in providing advice, warning and reprimand, have all failed. The court rendered its judgement by imposing a fine and a sentence of imprisonment. The Committee would be grateful if the Government would provide the ILO with copies of excerpts of as many judicial decisions as possible, rendered in cases of infringement of legal provisions relating to conditions of work and the protection of workers while engaged in their work. It would also welcome any indication concerning the effective enforcement of such decisions in practice and its impact on the observance of the relevant legislation.