Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Repetition

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that section 276 of the Penal Code criminalizes the buying or selling of a minor for the purpose of prostitution. Section 279 of the Penal Code further covers offences related to transferring control of a person with intent to subject him/her to unlawful compulsory labour. Moreover, section 282 of the Penal Code states that whoever entices or leads away, even with his/her consent, any person for sale or immoral purposes to be carried outside South Sudan, commits an offence and shall be punished with imprisonment for a term not exceeding seven years.

The Committee also notes that according to section 119 of the Child Act of 2008 any person who takes part in any transaction, the object of which is to transfer or confer, wholly or partly, temporarily or permanently, the possession or custody of a child for any valuable consideration commits the offence of trafficking and shall be liable to imprisonment for a term not exceeding ten years. It notes that according to section 5 of the Child Act, a “child” means persons under the age of 18 years while the term “trafficking” includes the recruitment, transportation, transfer, sale, harbouring or receipt of a person, by means of threat or use of force, or other forms of coercion, of abduction, deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Section 22 of the Child Act further provides for penalties of imprisonment for a term of 14 years for offences related to the abduction and trafficking of children for any purpose or form. The Committee requests the Government to provide information on the application of the Child Act and the Penal Code, in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

2. Slavery, debt bondage, forced or compulsory labour. The Committee notes that article 13 of the Constitution prohibits slavery and slave trade in all forms and provides that no person shall be held in slavery or servitude nor should be required to perform forced or compulsory labour. It also notes that section 277 of the Penal Code prohibits any person from unlawfully compelling any person to labour against his or her will and provides for a sanction of two years imprisonment or a fine or both to any person who imposes forced labour.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that according to section 31(1) of the Child Act, the minimum age for conscription or voluntary recruitment into armed forces or groups shall be 18 years. Section 31(2) further states that the Government shall ensure that no child shall be used or recruited to engage in any military or paramilitary activities, whether armed or unarmed, including but not limited to work as sentries, informants, agents or spies, cooks, in transport, as labourers, for sexual purposes, or any other forms of work that do not serve the interest of the child. Moreover, according to section 32 of the Child Act, any person involved in the recruitment of children into an armed force or use of a child in any activity set forth above shall be punished with imprisonment for a term of up to ten years or with a fine or both.

Furthermore, according to section 20 of the Sudan People’s Liberation Army Act, enrolment into the Sudan People’s Liberation Army (SPLA) military services shall be voluntary, and, as per section 22(2), one of the eligibility criteria for enrolment is the attainment of 18 years of age.

The Committee notes that according to the Report of the Secretary-General on children and armed conflict to the United Nations Security Council of 11 December 2014 (S/2014/884) (Report of the Secretary-General on children and armed conflict, 2014), the recruitment and use of children has remained a trend linked to the ongoing instability and increased mobilization of armed groups. From March 2011 to September 2014, a total of 171 incidents of recruitment and use of children were reported, affecting 3,731 children (3,702 boys and 29 girls), of which 137 incidents affecting 1,219 children were verified. A total of 1,111 children were reportedly killed and 472 injured during this period. The Committee notes from this report that the main perpetrators were the SPLA in opposition and other armed groups. In addition, children were mobilized from cattle camps to fight alongside the opposition, in what is known as the “White Army”. This report further indicates that, in January 2014, a group comprising several thousand armed youths associated with the White Army was observed in Malakal (Upper Nile State) and another group of an estimated 2,000 armed youths was observed in Ulang (Upper Nile State). The majority of both groups were believed to be under 18 years of age and some as young as 12 to 13 years. The United Nations also received reports of cross-border mobilization of children by foreign armed groups from within refugee populations inside South Sudan along the Sudanese border.

The Committee also notes from a report from the United Nations Office of the Special Representative of the Secretary-General for Children and Armed Conflict, published on 28 January 2015 (Report from the UN Office, 2015), that some of the child soldiers in South Sudan have been fighting for up to four years and many have never attended school. In the past year alone, 12,000 children, mostly boys, have been recruited and used as soldiers by armed forces and groups in South Sudan as a whole. The Committee expresses its serious concern at the situation and the number of children involved in armed conflict. The Committee therefore urges the Government to take immediate and effective measures to put a stop in practice to the recruitment of children under 18 years of age by armed groups and the armed forces as well as measures to ensure the demobilization of children involved in armed conflict. It also requests the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of persons who forcibly recruit children under 18 years of age for use in armed conflict are carried out and to ensure that adequate penalties constituting an effective deterrent are imposed in practice. The Committee requests the Government to provide information on the measures taken and results achieved in this respect.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee notes that, according to section 22(2)(c) of the Child Act, every child who is under the care of parents, a legal guardian, teachers, police or any other person who has care of a child shall be protected from offences related to the use of a child in prostitution or other sexual practices. Whoever commits any of the above offences shall be sentenced to imprisonment for a term not exceeding 14 years (section 22(3)). It also notes that, according to section 254(d) of the Penal Code, whoever procures a child to leave his/her usual place of residence with the intent that he/she may become an inmate of, or frequent, a brothel elsewhere shall be punished with imprisonment for up to ten years or a fine or both. Section 258 of the Penal Code further states that any parent or guardian, who causes or allows his/her child under the age of 18 years to associate with prostitutes or to be employed as a prostitute or to reside in a brothel, shall be punished. In addition, the Penal Code also provides for penalties for offences related to soliciting another person for the purposes of prostitution (section 252); and living off or facilitating prostitution (section 253).

With regard to pornography, section 22(2)(d) of the Child Act criminalizes offences related to the use of a child in pornographic performances and materials.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, according to section 24(1) of the Child Act, every child shall be protected from being involved in the production, trafficking or distribution of narcotics and other harmful drugs and substances. Section 25(3) establishes penalties for the above offences related to drugs and narcotics, which shall be imprisonment for a term not exceeding 14 years.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. 1. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

2. Hazardous work in the agriculture and livestock sector. The Committee notes that, according to the ILO–IPEC report of 2013 entitled Child labour and education in pastoralist communities in South Sudan, children between the ages of 5–17 years are highly utilized among the pastoralist communities in the daily workings of the cattle camp which often expose children to many hazards, including danger from cattle and wildlife, and exposure to animal-borne diseases. This report also indicates that, together with agriculture, forestry and fisheries, livestock represents nearly 60 per cent of hazardous labour done by children between the ages of 5–17 years. The Committee requests the Government to take the necessary measures to ensure that children working in the agricultural and livestock sector, particularly from the pastoralist communities, are protected against hazardous types of work. It asks the Government to provide specific information on the steps taken in this regard, including measures to enforce the relevant legislation prohibiting children’s involvement in hazardous work in these sectors.

Article 5. Monitoring mechanisms. The Committee notes the Government’s report under the Minimum Age Convention, 1973 (No. 138), that within the framework of the ILO–IPEC Tackling child labour through education (TACKLE) project, South Sudan established a National Steering Committee on the Elimination of Child Labour as well as a Child Labour Unit. The Committee requests the Government to provide information on the activities of the National Steering Committee and the Child Labour Unit as well as information on any other mechanisms established for the elimination of the worst forms of child labour.

Article 6. Programmes of action. The Government report states that after the enactment of the new Labour Bill, programmes and policies aimed at reducing the worst forms of child labour will be elaborated, in collaboration with local authorities at the community level, including the police and the Public Attorney. The Committee requests the Government to take the necessary measures to adopt, without delay, national programmes and policies against the worst forms of child labour and to provide information on its implementation.

Action plan against the recruitment and use of children in the armed conflict. The Committee notes from the Report of the Secretary-General on children and armed conflict, 2014, that the Government signed a recommitment agreement in June 2014 with the United Nations towards the full implementation of the revised action plan, which was first signed by the Government in 2009 and further revised in 2013. This action plan aims to put an end to the recruitment, use, killing and maiming of children and sexual violence against children, and to investigate and hold accountable perpetrators of these grave violations. This report also indicates that, in 2012, a national technical team to lead the implementation of this action plan was established, comprising: the SPLA Child Protection Unit; the co-chairs of the country task force monitoring and reporting grave violations against children; the South Sudan Disarmament, Demobilization and Reintegration Commission; and the SPLA military judges and advocates. The Committee notes from this report that in 2012, 421 boys and 29 girls who sought to voluntarily enlist with the SPLA were rejected.

Moreover, in 2012, the SPLA and the United Nations developed a child protection training module and provided training to, and sensitized, over 30,000 SPLA officers and non-commissioned officers throughout South Sudan on the provisions of the action plan, the Child Act, the SPLA Act and international standards for the protection of children in armed conflict. The Committee finally notes from this report that the campaign “Children, Not Soldiers” was launched in October 2014 with the aim of ending and preventing the recruitment of children by Government forces by 2016. The Committee requests the Government to provide information on the impact of the “Children, Not Soldiers” campaign in putting an end to the recruitment and use of children in armed conflicts. It also requests the Government to provide information on the implementation of the revised action plan and the results achieved in terms of the number of children prevented, and withdrawn, from armed conflict.

Article 7(1) Penalties. The Committee notes that the Child Act does not appear to establish penalties for violations of the provisions related to the prohibition of hazardous work by children under 18 years of age. The Committee requests the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are established for the offences related to the employment of children under 18 years of age in hazardous work. It also requests the Government to provide information on the application of the penalties in practice in cases of violations of the provisions relating to Article 3(a)–(c) of the Convention, including the number and kinds of penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that section 24(iii) of the Education Act of 2008 provides for free and compulsory primary education which shall constitute the basic cycle of academic education of eight years’ duration, from the age of 6 to 14 (section 8). It also notes that section 24(viii) and Part II of the Education Act require every parent of a child of compulsory school age to ensure the attendance of such a child at school until the completion of primary education.

However, the Committee notes that, according to UNICEF estimates, more than 1 million primary school-aged children, mostly from rural areas, are not in school, and about 70 per cent of children aged 6–17 years have never entered a classroom. The completion rate in primary schools is less than 10 per cent, one of the lowest in the world. Moreover, the South Sudan Statistics of 2014, compiled by the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA) indicates that the net enrolment rate in primary education is 44.4 per cent (50.8 per cent male and 37 per cent female), while this rate is only 1.6 per cent in secondary education. Recalling that free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to take the necessary measures to ensure access to free basic education and to strengthen the functioning of the education system, including by taking measures to increase the school enrolment, attendance and completion rates, both at the primary and secondary levels. It requests the Government to provide information on the measures taken in this regard.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child soldiers. The Committee notes that, according to the Report of the Secretary-General on children and armed conflict, 2014, the South Sudan Disarmament, Demobilization and Reintegration Commission, supported by UNICEF, developed a comprehensive project document in 2012 for the release and reintegration of children associated with armed forces and other groups and other children affected by conflict. Following this project, a total of 493 children (343 from the SPLA, nine from the South Sudan National Police Force and 141 from non-state actors integrating into the SPLA) were released through formal disarmament, demobilization and reintegration (DDR) processes and an additional 210 children who were released in 2010 continued to receive reintegration assistance. These children were assisted to return to their families and communities and were provided with social and economic reintegration assistance. The Committee also notes from the Report from the UN Office, 2015, that a total of 3,000 South Sudanese child soldiers were released from the South Sudan Democratic Army (SSDA/M) Cobra faction. The Committee requests the Government to intensify its efforts and take effective and time-bound measures to remove children from armed groups and forces and ensure their rehabilitation and social integration. It also requests the Government to provide information on the number of child soldiers removed from armed forces and groups and reintegrated through the DDR processes.

Clause (d). Identifying and reaching out to children at special risk. 1. Internally displaced children, refugees and orphans. The Committee notes that, according to the Report of the Secretary-General on children and armed conflict, 2014, family separation has been a critical child protection concern since December 2013. About 6,000 children have been registered as separated, unaccompanied or missing, many of whom are girls who are vulnerable to a wide range of violations and abuses. According to UNICEF estimates since the violence erupted in December 2013, almost 750,000 children have been internally displaced and more than 320,000 children are living as refugees. Considering that internally displaced children, refugees and orphans are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to protect these children, particularly girls from the worst forms of child labour. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

2. Street children. The Committee notes that the observations made by the Employers Association of South Sudan (EASS) and the South Sudan Workers Trade Union Federation (SWTUF) refer to a programme initiated by the Government to protect street children. The Government states that the Ministry of Gender is implementing a strategic plan to protect street children with the cooperating partners at both national and state levels. The Committee requests the Government to provide information on the concrete measures taken to remove and rehabilitate street children and the results achieved.

Application of the Convention in practice. The Committee notes the Government’s statement that the political crisis in some parts of the country has posed some difficulties to children living in these locations. The Government’s report also indicates that no official reports or statistical information on the situation of children in the worst forms of child labour are available. The Committee notes the Government’s intention to seek ILO technical support to carry out a study on the extent of the worst forms of child labour in the country as well as a request for the extension of the ILO–IPEC TACKLE project which came to an end in 2013. The Committee requests the Government to take the necessary measures to ensure the availability of up-to-date statistical information on the worst forms of child labour in the country, including information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information should be disaggregated by sex and age.