CMNT_TITLE

Repetition

The Committee notes the information provided by the Government in its first report.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee notes that section 282 of the Penal Code of 2008 criminalizes trafficking in persons. According to this section “whoever procures, entices or leads away, even with his or her consent, any person for sale or immoral purposes to be carried outside South Sudan, commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding seven years or with a fine or with both”. The Committee observes that the elements of the definition of trafficking provided for in section 282 of the Penal Code only appear to prohibit international trafficking for sexual exploitation. The Committee requests the Government to indicate the provisions in national legislation that would prohibit trafficking for labour exploitation, including within the borders of the country. The Committee also requests the Government to provide information on the measures taken or envisaged to prevent and suppress all forms of trafficking in persons as well as any data on the characteristics and the extent of the phenomenon of trafficking in persons in South Sudan. Lastly, the Committee requests the Government to communicate information on any court decision handed on the basis of section 282 of the Penal Code, indicating the sanctions imposed on perpetrators.

2. Freedom of public service employees to leave the service. The Committee requests the Government to indicate the provisions governing the right of public service employees to leave the service at their own request, and to provide information on the procedure for their resignation. The Committee also requests the Government to communicate a copy of the relevant legislation on this matter.

3. Freedom of career military members to leave their service. The Committee notes that under section 30(c) of the Sudan People’s Liberation Army (SPLA) Act, 2009, members of the armed forces “shall cease and terminate their service upon acceptance of resignation” and that the minimum period of obligatory service in the army ranges from six to ten years. The Committee also notes that according to section 26(3) any member of the army who fails to perform a service under an employment contract, commits an offence and is liable to imprisonment for a maximum period of two years. In this regard, the Committee requests the Government to provide information on the application of section 30(c) of the SPLA Act, 2009, in practice, indicating the number of resignations refused and the grounds for refusal.

4. Punishment of idle persons and vagrancy. The Committee notes that under section 378(2) of the Penal Code whoever conducts himself/herself as an idle person commits an offence and is liable to imprisonment for a term of one month maximum or with a fine or both. According to section 378(1) an idle person is “(a) any person who being able wholly or in part to maintain himself/herself or his/her family wilfully neglects or refuses to do so”; or “(c) any person who has no settled home and has no ostensible means of subsistence and cannot give a satisfactory account of himself or herself”. The Committee further notes that under section 379(1)(a) a vagrant is “any person who after being convicted as an idle person, commits any of the offences which would render him/her liable to be convicted as such again”. Under section 379(2) “whoever conducts himself/herself as an idle person commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding one month or with a fine or with both”. The Committee observes that such provisions are worded in general terms, and could lead to the imposition of sanctions on persons for the mere fact of being considered as idle or vagrants. The Committee considers that the possibility of imposing sanctions for mere refusal to work is contrary to the Convention, unless such penalties are imposed for unlawful activities or to persons who disrupt the public order or put in danger public health. The Committee requests the Government to provide information on the measures taken to amend the legislation in conformity with the Convention. In the meantime, please provide information on the application in practice of the above-mentioned provisions.

Article 2(2)(a). Compulsory military service. The Committee notes that under section 10(3)(a) of the Labour Bill, work exacted under compulsory military service is excluded from the definition of forced labour. The Committee requests the Government to provide a copy of the legislation regulating compulsory military service.

Article 2(2)(b). Normal civic obligations. The Committee notes that under section 10(3)(b) of the Labour Bill, forced labour shall not include any work or service which forms part of the normal civic obligations of citizens. The Committee requests the Government to provide information on the nature of the civic obligations that may be imposed, providing a copy of the relevant legislative texts.

Article 2(2)(c). Prison labour. The Committee notes that according to section 69(1) of the Prison Service Act of 2011, a convicted prisoner shall be deployed to work in rehabilitation programmes or productive labour, where available. Section 69(2) stipulates that regulations shall provide for matters relating to such programmes. Under section 87 remand prisoners (detainees awaiting trial) shall not work. The Committee also notes that section 80(2) provides that guaranteed prisoners (low-risk prisoners and first offenders) shall have the opportunity to work outside the prison institution. In this regard, the Committee requests the Government to provide further information on work carried out by convicted prisoners, indicating whether they may perform labour for private entities and if so, under what conditions. The Committee also requests the Government to provide copies of the regulations on prison work and on work carried out outside the prison institution, referred to in sections 69(2) and 80(2) of the Prison Service Act, 2011.

Article 2(2)(d). Situations of emergency. The Committee notes that according to section 10(3)(d) of the Labour Bill forced labour shall not include any work or service exacted in cases of emergency, or any other circumstance that may endanger the existence of the population. The Committee requests the Government to indicate whether any specific legislation concerning cases of emergency has been adopted and to provide information on the conditions under which labour might be imposed in such situations.

Article 2(2)(e). Minor communal services. The Committee notes that under section 10(3)(e) of the Labour Bill, minor community service is not considered to be forced labour, provided it is performed in the direct interest of the community and that the members or the representatives of such community are consulted. The Committee requests the Government to provide examples of such community services, indicating the conditions under which they are performed, as well as copies of any relevant legislation.

Article 25. Penalties for the exaction of forced labour. The Committee notes that section 277 of the Penal Code provides for a sanction of imprisonment of two years or a fine or both to any person who compels any person to labour against the will of that person. The penalty is raised to seven years in cases of kidnapping, or abduction in order to compel a person to labour (section 278). The Committee recalls that, according to Article 25 of the Convention, the exaction of forced labour shall be punishable as a penal offence, and the penalties imposed by laws shall be really adequate and strictly enforced. It observes in this regard that fines or short term sentences of imprisonment cannot be considered as effective penalties, given the seriousness of the offence and the dissuasive effects that the penalties should have (General Survey on the eradication of forced labour, 2007, paragraph 137). The Committee accordingly requests the Government to provide information on the application of the above-mentioned provisions in practice, supplying copies of relevant court decisions and indicating the penalties imposed.