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Minimum Age Convention, 1973 (No. 138) - Sudan (RATIFICATION: 2003)

Other comments on C138

Observation

Direct Request

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Article 2(1) of the Convention. Scope of application of the Convention. The Committee previously noted that the Government had not, at the time of its first report, chosen to exclude any specific categories of employment or work from the scope of application of the Convention, pursuant to Article 4(1) of the Convention. Nevertheless, the Committee observed that pursuant to section 3 of the Labour Act of 1997, domestic servants, workers in family enterprises, temporary workers and most agricultural workers appeared to be excluded from the application of the Labour Act, and that the provisions of the Act related to the minimum age did not apply to persons working in these sectors. The Committee requested the Government to provide information on the manner in which the protection of the Convention was ensured to children working in agriculture, in family enterprises or as domestic or temporary workers.

The Committee notes that the Child Act of 2010 was adopted in February 2010, containing several provisions regulating the work performed by children under 18 years of age. The Committee notes that the Child Act of 2010 does not exclude domestic workers, temporary workers or workers in family enterprises, and notes that section 1(3) states that the provisions of the Child Act shall have precedence over any contradictory provisions in other legislation. However, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 1 October 2010, expressed concern that many children in Sudan are employed as domestic servants and in the informal economy (CRC/C/SDN/CO/3-4, paragraph 78). The Committee requests the Government to provide information on measures taken on envisaged to ensure the application in practice of the Child Act of 2010, to children working as domestic workers and in the informal economy.

Minimum age for admission to employment or work. The Committee previously observed that, pursuant to section 21 of the Labour Code, children between 12 and 15 years of age are allowed to perform work. Noting that, at the time of ratification, Sudan declared 14 years to be the minimum age for admission to employment, the Committee reminded the Government that, by virtue of Article 2(2) and (4) of the Convention, children under 14 years are not allowed to work; the only derogation possible is for light work which may be carried out by children between the ages of 12 and 14 years under the conditions provided for by Article 7 of the Convention. The Committee requested the Government to take the necessary measures to ensure that legislation providing for a minimum age of 14 for admission to employment was adopted.

The Committee notes with interest that section 36 of the Child Act of 2010 states that the employment of children under the age of 14 years shall be prohibited.

Article 2(3). Compulsory schooling. The Committee previously noted the Government’s indication that, according to article 13(1) of the Constitution, the State provides for free and compulsory education at the primary level. It observed that compulsory education ends at the age of 14 years for pupils admitted at 6 years of age and at the age of 16 years for pupils admitted at 8 years of age. The Committee noted that, according to the UNESCO Global Monitoring Report on Education for All of 2008, Sudan still faced massive challenges in retaining students through a complete primary school cycle and thus urgently needed to adopt strategies to expand access to out-of-school children and improve quality standards to retain them once they are enrolled. However, the Committee noted the Government’s indication that it had signed an agreement with the ILO–IPEC for the implementation of the project “Tackling child labour through education” (TACKLE project).

The Committee notes that section 28 of the Child Act of 2010 provides for a child’s right to public education and that the state shall provide free compulsory education. The Committee also notes the information in the Government’s report that the Ministry of Social Welfare has prepared a project on ensuring the right of a child to education, in order to examine the significant problem of school drop-outs in the country. The Government indicates that work is currently ongoing in collaboration with the competent bodies to prepare a work-plan on this subject. The Committee also notes the information in the 2011 UNESCO Global Monitoring Report on Education for All that the gross enrolment rate for primary education has risen from 47 in 1999 per cent to 74 per cent in 2008. However, the Committee also notes that the CRC, in its concluding observations of 1 October 2010, expressed concern at the extremely low budgetary allocations for education, resulting in the lack of availability of trained teachers, poor school infrastructure and a chronic shortage of supplies and equipment. The CRC expressed further concern that many children are obliged to work outside the home in order to earn income for school fees (CRC/C/SDN/CO/3-4, paragraph 64). Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to redouble its efforts to improve the functioning of the education system, in particular by reducing the number of out-of-school children under 14 years of age. It requests the Government to continue to provide information on the concrete measures taken in this regard and on the results achieved, particularly with respect to increasing the school enrolment rates and reducing the drop-out rates.

Article 3(1). Minimum age for admission to hazardous work. The Committee previously expressed the hope that legislation would soon be adopted to fix the minimum age for hazardous work at 18 years.

The Committee notes with interest that section 37 of the Child Act of 2010 prohibits the employment of children in hazardous work and industries which, by the nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety or morals. The Committee further notes that section 1(4) of the Child Act of 2010 defines a child as a person under 18 years of age.

Article 3(2). Determination of hazardous work. In its previous comments, the Committee noted the Government’s indication that a tripartite committee had drawn up a list of 55 types of occupations in which the employment of children under 18 years is prohibited. It also noted the Government’s indication that this list would be approved by the competent authorities and would be annexed to the draft Labour Code, once adopted.

The Committee notes that section 37 of the Child Act 2010 specifies that the Minister of Labour or his delegate may determine the types of work or industries which constitute hazardous work. In this regard, the Government indicates that a list of hazardous types of work prohibited for persons under 18 years of age was prepared, and discussed at length with the social partners. The Government once again indicates that this list will be authorized by virtue of the draft Labour Code, once adopted. Observing that a list of types of hazardous work was first developed in 2006, the Committee urges the Government to take the necessary measures to ensure the adoption of the draft Labour Code and the adoption of the list of types of hazardous work prohibited to persons under 18 years of age, in the near future. It requests the Government to provide a copy of this list, once adopted.

Article 6. Vocational training and apprenticeship. The Committee previously noted that according to section 21(4) of the Labour Act, children between 12 and 14 years of age are allowed to take part in apprenticeship programmes. In this regard, the Committee had reminded the Government that Article 6 of the Convention fixes a minimum age of 14 years for apprenticeships in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. It requested the Government to take the necessary measures to ensure that no child under 14 years undertakes an apprenticeship programme.

The Committee notes that section 36 of the Child Act of 2010 specifies that a child may engage in an apprenticeship only from the age of 14 in industrial schools, institutes, and at educational and vocational training centres, subject to the supervision of the Government.

Article 7. Light work. Following its previous comments, the Committee notes that section 7 of the Child Act of 2010 specifies that children working in agricultural work and in grazing which is not hazardous, shall be exempt from the minimum age of 14 for admission to work. The Committee observes that no minimum age for these activities is contained in the Child Act of 2010. In this regard, the Committee recalls that Article 7(1) and (4) of the Convention provides that national laws or regulations may permit children over 12 years of age to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7(3) of the Convention, the competent authority shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting that the Child Act of 2010 permits exceptions to the minimum age for agricultural work and grazing, the Committee requests the Government to take the necessary measures to ensure that a minimum age of 12 is established for any of the types of work permitted under the minimum age of 14. It also requests the Government to take the necessary measures to determine the number of hours during which, and the conditions in which, such light agricultural work may be undertaken, in conformity with Article 7(3) of the Convention. It requests the Government to provide information on measures taken in this regard, with its next report.

Article 9(3). Keeping of registers by employers. In its previous comments, the Committee noted that there appeared to be no provisions providing that registers be kept by the employer containing the names and ages of persons who work with him/her and who are less than 18 years of age. The Committee recalled that Article 9(3) of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents which shall be kept and made available by the employer, and establishes that such registers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. Noting an absence of information in the Government’s report on this point, the Committee once again requests the Government to take the necessary measures to ensure that all employers keep a register indicating the name and age or date of birth, duly certified whenever possible, of persons whom they employ or who work for them and who are less than 18 years of age.

Parts III and V of the report form. Labour inspectorate and application of the Convention in practice. The Committee previously noted the Government’s indication that while efforts were being made to strengthen the labour inspectorate, including with regard to child labour inspections, obstacles remained, such as a weak labour inspectorate and the lack of financial resources to carry out the necessary research and studies. It also noted that, according to the information available at the Office, child labour is a serious problem in Sudan. Young children work in factories, and severe poverty had produced widespread child labour in the informal sector and rural farming economy.

The Committee notes the information from ILO–IPEC that Sudan is one of 11 countries (across Africa, the Caribbean and the Pacific) participating in the ILO–IPEC TACKLE project. The Committee also notes the Government’s statement in its report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182) that a public department for inspection and labour regulations was established at the Ministry of Labour to support and strengthen inspection services, and that one of the tasks of this department is to monitor child labour. The Committee also notes the Government’s statement in this report that two workshops were held at the Ministry of Education on the subject of reducing child labour, within the framework of a project aimed at the reduction of child labour and reintegrating child labourers into education. The Government further indicates in this report that a symposium on the role of trade unions in the elimination of child labour was held. Moreover, the Government indicates in this report that the Ministry of Labour is currently undertaking an experimental survey to classify children and their work, as well as to determine the number of working children.

The Committee notes that the CRC, in its concluding observations of 1 October 2010, expressed concern that child labour is widespread in Sudan, with many children employed in, inter alia, factories and the agricultural sector (CRC/C/SDN/CO/3-4 paragraph 78). The Committee therefore requests the Government to redouble its efforts, including through collaboration with ILO–IPEC, to ensure the progressive elimination of child labour. In this regard, it requests the Government to pursue its efforts to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children carrying out economic activities, particularly in the agricultural sector. The Committee also requests the Government to pursue its efforts to undertake a survey on child labour in the country, to ensure that up-to-date statistical information on the economic activities of children and young persons is made available, including the number of children working under the minimum age of 14, and to provide this information in its next report.