CMNT_TITLE

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 provisions of the Child Act of 2010 concerning the minimum age and minimum age for admission to hazardous work applied to all children under 18, including domestic workers. However, it noted 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 once again requests the Government to provide information on any measures taken or envisaged to ensure the application in practice of the Child Act of 2010 to children working in these sectors, including any measures taken to strengthen the capacity and expand the reach of the labour inspectorate to better monitor child labour in the informal economy.

Article 2(3). Compulsory schooling. The Committee previously noted that, pursuant to article 13(1) of the Constitution and section 28 of the Child Act of 2010, the State shall provide free and compulsory education. It observed that compulsory education lasted eight years, ending at the age of 14 years for pupils admitted at 6 years of age. However, the Committee noted the information from UNESCO indicating that the country faced massive challenges in retaining students through a complete primary school cycle, and noted the concern expressed by the CRC 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).

The Committee notes the information from ILO–IPEC of April 2012 concerning the Tackling Child Labour through Education (TACKLE) Project that the Ministry of Education is developing a five-year education plan for the country. Within the framework of the TACKLE Project, ILO–IPEC has been working with the Ministry of Education and partners to ensure that effective education strategies to combat child labour are integrated into the plan. The Committee also notes the information in the country analysis of 2012 of the United Nations country team that while there was an increase in the primary enrolment rate in Sudan from 65 per cent in 2004 to 72 per cent in 2010, 3.3 million children remain out of school. Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to pursue and strengthen 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 provide information on the concrete measures taken in this regard, including through the five-year education plan, and on the results achieved, particularly with respect to increasing the school enrolment rates and reducing the drop-out rates.

Article 3(2). Determination of hazardous work. The Committee previously noted that section 37 of the Child Act of 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 indicated that a list of hazardous types of work prohibited for persons under 18 years of age had been prepared, and discussed at length with the social partners.

The Committee notes the information from ILO–IPEC of April 2012 concerning the TACKLE Project that the Child Labour Unit is taking a lead on the development of the list of types of hazardous work. ILO–IPEC indicates that the Government has made significant progress in revising the list of hazardous work prohibited to children, including with the support of ILO–IPEC. In January 2012, the National Steering Committee endorsed a list of hazardous activities and the list is awaiting ministerial decree. The Committee observes that a list of types of hazardous work was first developed in 2006 and therefore urges the Government to take the necessary measures to ensure the adoption in the near future of the list of types of hazardous work prohibited to persons under 18 years of age. It requests the Government to provide a copy of this list, once adopted.

Article 7. Light work. The Committee previously noted 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. It observed that there appeared to be no minimum age for these activities.

The Committee notes the Government’s statement in its report that a list on child labour was formulated to be annexed to the Child Act of 2010 which addresses the abovementioned issue. In this regard, it 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 years is established for any of the types of work permitted under the minimum age of 14 years. 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. The Committee notes the Government’s statement that this issue may be resolved within the plan of the labour inspection department. The Committee 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 that child labour appeared to be a serious problem in Sudan, and severe poverty had produced widespread child labour in the informal and rural farming economy. It also noted 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). In addition, the Government indicated 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. Moreover, the Committee noted the country’s participation in the ILO–IPEC TACKLE Project, and the Government’s indication that the Ministry of Labour was undertaking an experimental survey to classify children and their work, as well as to determine the number of working children.

The Committee notes the Government’s statement that an assessment of the application of the Convention cannot ignore the obstacles created by the conflicts experienced by the country over the past two decades. The Government also states that children under 15 make up approximately half of the country’s population, and that special programmes and indicators should be developed for this group. Moreover, the Government indicates that, with regard to supporting and strengthening the labour inspectorate, a department of inspection and labour legislation has been established within the Ministry of Labour, tasked with investigating and monitoring child labour and the application of the relevant legislation. The Committee further notes the information from ILO–IPEC that, within the framework of the TACKLE Project, the Ministry of General Education and the National Council for Child Welfare organized capacity-building workshops in July 2011 to enhance partnerships to tackle child labour through education, as well as to discuss the root causes of child labour. Through the TACKLE Project, a programme was also carried out to investigate the situation of child labour in one of the urban suburbs of Khartoum followed by participatory consultative meetings with stakeholders to advocate for elimination of child labour. Taking note of the difficult situation in the country, the Committee requests the Government to reinforce its efforts, including through collaboration with ILO–IPEC, to ensure the progressive elimination of child labour.