Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Soudan (Ratification: 1970)

Autre commentaire sur C105

Observation

Demande directe

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Article 1(d) of the Convention. 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) of the Labour Code 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 Labour Code. The Committee further noted that under section 6(1) of the Trade Union Act of 2010, the activity of trade unions, including strikes shall be legitimate in regard to all means employed by them to realize the objectives for which they were established, and that such activity shall not entail any civil or criminal responsibility. The Committee noted however, that under section 124 of the Labour Code, workers or officials shall be forbidden to partially or totally stop work and that pursuant to section 126(2) of the Labour Code any violation of or refusal to apply the provisions of the Labour Code may result in a penalty of imprisonment, involving an obligation to work. The Committee requested the Government to provide information on the measures taken or envisaged to harmonize section 126(2) of the Labour Code with section 6(1) of the Trade Union Act, to ensure that no penalties of imprisonment, involving compulsory prison labour may be imposed for the peaceful participation in strikes.

The Committee notes the Government’s indication in its report that the right to demonstrate is not absolute. Section 127 of the 1991 Code of Criminal Procedure states that formal permission approving the organization of the demonstration must be obtained and that the reason for the demonstration must be stated, in addition to the specific starting time and place. This is for the purpose of regulating public security rather than for the restriction of rights. The Government also adds that those seeking to organize demonstrations whose applications to do so are refused are entitled to challenge the refusal in the administrative courts, or appeal the unconstitutionality of a decision to refuse before the Constitutional Court. The Committee recalls the importance it attaches to the general principle that, in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that no sanctions involving compulsory labour should be imposed upon a worker for the mere fact of peaceful participation in a strike (see General Survey on the fundamental Conventions, 2012, paragraph 315). In this regard, the Committee notes that in its report submitted under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) in 2015, the Government indicated that a draft Labour Code was under examination and that it would take into account the Committee’s comments. The Committee requests the Government to take the necessary measures within the framework of the amendments to the Labour Code, to ensure that sections 124 and 126(2) of the Labour Code will be revised so that sanctions involving compulsory labour cannot be used to punish the peaceful participation in strikes in conformity with the Convention. The Committee requests the Government to indicate the progress made with regard to the amendments to the Labour Code and to provide a copy, as soon as they are adopted.

Supply of legislation. Compulsory prison labour. The Committee notes the Government’s indication that the 2010 Act concerning the regulation of prisons and the treatment of prisoners, was repealed by the new prison Act of 2015, which will soon be provided to the Committee. The Committee requests the Government to provide a copy of the 2015 Act concerning the regulation of prisons.