CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Sudan (RATIFICATION: 1970)

Other comments on C111

Observation

Direct Request

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The committee notes that, since the receipt of the Government’s report in 2017, the country has faced a political crisis. It notes the establishment on 1 August 2019 of a power-sharing deal between the country’s ruling military council and opposition groups – the Transitional Military Council and the Forces for Freedom and Change – to share power for three years, with the holding, thereafter, of elections for a return to full civilian government.

Articles 1 to 3 of the Convention. General conditions to ensure protection against discrimination in employment and occupation. Over a number of years, the Committee has been expressing serious concern regarding the human rights situation in the country and has urged the Government to take immediate steps to create the necessary conditions to ensure effective protection against discrimination for all population groups, including in Darfur, South Kordofan and Blue Nile. In its previous comment, the Committee noted from the Report of the Independent Expert on the situation of human rights in Sudan that human rights challenges persist, especially in conflict-affected areas, but that the Government is making sustained efforts to improve the situation. The Committee notes the Government’s commitment to the Doha Peace Agreement in 2011 with the intention of ending the conflict in Darfur; and that a permanent Constitution was being prepared with the participation of all political parties and civil society organizations so as to bring about stability in the country. The Committee notes that, in its resolution 39/22, the Human Rights Council (HRC) decided to renew the mandate of the Independent Expert on the situation of human rights in the Sudan for a period of one year or until the operationalization of a country office of the Office of the United Nations High Commissioner for Human Rights (OHCHR) (A/HRC/RES/39/22, 8 October 2018). In that regard, the Committee notes that on 25 September 2019, the OHCHR signed an agreement with the United Nations (UN) and the newly constituted Government of Sudan to open a UN Human Rights Office in Khartoum to safeguard citizens’ rights and will also be opened in Darfur, Blue Nile, Southern Kordofan and East Sudan. The Committee notes that the UN Independent Expert’s latest report (A/HRC/42/63, 26 July 2019) covering the period 28 September 2018 to 30 June 2019: analyses the situation of human rights in the country; outlines recent developments and the continuing human rights challenges in the country; assesses the implementation of the recommendations contained in the previous reports of the Independent Expert; and provides recommendations to the Government and other stakeholders, necessary for improving the situation of human rights in the country. In light of the above, the Committee wishes to highlight the importance of making the application of the Convention an integral part of this transition process, and urges the newly-constituted Government of Sudan to take measures to bring the essential conditions to ensure effective protection against discrimination for all members of the population, including in the areas of Darfur, South Kordofan and Blue Nile, without distinction based on any of the grounds set out in the Convention. The Committee also asks the Government to provide detailed information on the activities of the National Commission on Human Rights on discrimination in general, and discrimination in employment and occupation in particular. Further, it asks the Government to provide information on the establishment of the OHCHR in the country, the activities undertaken jointly with that Office and its decision vis-à-vis the adoption of a new Constitution and Labour Code, a process launched by the former Government.

Article 1(1)(a). Prohibited grounds of discrimination. The Committee previously asked the Government to take measures to ensure that the interim Constitution and the draft Labour Code, when adopted, will provide for comprehensive protection of all workers against direct and indirect discrimination based on all the grounds set out in the Convention. The Committee recalls that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur. Noting the forthcoming three-year period of reforms facing the transition Government, the Committee urges the Government to take the necessary steps to include in the new Labour Code: (i) a definition of discrimination; and (ii) a prohibition of direct and indirect discrimination based on all the grounds set out in the Convention (race, colour, sex, religion, political opinion, national extraction or social origin), as a minimum with respect to all aspects of employment, including vocational training, access to employment and to particular occupations, and terms and conditions of employment. Please provide information on any progress made in this regard.

Article 1(1)(a) of the Convention. Sexual harassment. Previously, the Committee noted that section 53(f) of the Labour Code of 1997 does not refer explicitly to sexual harassment nor provide a definition thereof. In this regard, it wishes to reiterate that sexual harassment is a serious manifestation of sex discrimination and a violation of human rights because it undermines equality at work by calling into question the integrity, dignity and well-being of workers; and it damages an enterprise by weakening the bases upon which work relationships are built and impairing productivity (see General Survey of 2012 on fundamental Conventions, paragraph 789). As indicated in its General Observation adopted in 2002, definitions of sexual harassment should contain the following two elements: (i) quid pro quo, that is any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men which is unwelcome, unreasonable and offensive to the recipient and where a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; or (ii) hostile work environment: conduct that creates an intimidating, hostile or humiliating working environment for the recipient. The Committee asks the Government to take the necessary steps to ensure that the future Labour Code will contain provisions clearly defining and prohibiting both quid pro quo and hostile environment sexual harassment. Meanwhile, the Committee also asks the Government to provide information on the application by the courts of section 53(f) of the Labour Code of 1997 regarding instances of an “offence against morals in the working place”, as well as any practical measures taken to prevent and address sexual harassment, including in cooperation with the social partners.

Articles 2 and 3. National policy on equality of opportunity and treatment and measures to implement the policy. The Committee wishes to recall that the primary obligation under the Convention for ratifying States, is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof (Article 2), and that in moving towards this objective, appropriate measures should be adopted in line with the underlying principles enumerated in Article 3 of the Convention (see General Survey on the Fundamental Conventions of 2012, paragraph 841). The Committee once again asks the Government to take concrete steps to adopt a national policy to promote equality of opportunity and treatment with a view to eliminating discrimination on all the grounds set out in the Convention, and to provide specific information in this regard; The Committee also asks that the Government provide information on the steps taken for the active promotion of equality of opportunity and treatment in vocational training and employment for those categories of workers who are most vulnerable due to their ethnic origin or social status.

Equality between men and women. Noting the severe gender gap in economic participation between women (25.5 per cent) and men (60.2 per cent) while the percentage of women’s employment in agriculture, forestry, hunting and fishing is over 60 per cent, and even up to 80 per cent in rural areas (Labour Force Survey 2011), the Committee asked the Government to provide information on the steps taken or envisaged to improve women’s access to education, vocational training, and employment in a wide range of occupations, as well as any results achieved in this regard. The Committee notes the Government’s indication that vocational training activities were provided to women in a certain number of specializations, including: auto mechanics, automotive electronics and general electricity. The Government also indicates that with regard to wholesale and retail, the ratio of women is less than that of males (8 per cent female to 14 per cent male), and similarly in public administration (5 per cent female to 8 per cent male). The Committee asks the Government to provide statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by sector and decision-making positions.

Equal opportunity. Public service. In its previous comments, the Committee requested the Government to provide detailed information on the manner in which the National Selection Commissioner ensures that no discrimination exists in practice in the recruitment process based on any of the grounds enumerated in the Convention, including ethnic origin and political opinion. The Committee notes the Government’s indication that the Civil Service Recruitment Commission has designed a new website where job vacancies are posted and through which potential candidates can apply in a transparent manner. The Committee asks the Government to identify the measures taken by the National Selection Commissioner to disseminate and promote equality of opportunity between men and women in employment and occupation, in the public service and in particular in occupations where men have traditionally been in the majority. The Committee also asks the Government to provide up-to-date statistical information disaggregated by sex and ethnicity on participation rates in all levels of the civil service.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. The Committee requested the Government to provide information on any measures taken to improve the capacity of labour inspectors to raise awareness specifically of the principle of equality and to enforce the anti discrimination provisions of the Labour Code, and on any measures adopted to establish or strengthen mechanisms and procedures for redress relating to cases of discrimination in employment and occupation. The Committee notes the Government’s indication that the NCHR has developed a five-year time frame to implement the 2011 Darfur Peace Agreement divided into three stages, including: (i) strengthening the NCHR to enable it to track and report on data about particular areas of human rights, disaggregated by grounds such as age, sex, disability, ethnic origin, religion, region of origin, etc.; (ii) capacity-building and training of law enforcement bodies in human rights investigations, mediation and conciliation; and (iii) development of procedures for the revision of the legislation and policies regarding issues of discrimination. The Committee notes that the NCHR has developed templates of job descriptions that reflect principles of impartiality and non-discrimination, as well as geographical diversity and pluralism of the country. It also notes that according to its Strategic Plan, the NCHR has published information on how to file a complaint and how to request the NCHR’s intervention to mediate community disputes. Moreover, a Human Rights Subcommittee has been established to monitor the human rights situation, including cases of discrimination in Darfur region. The Committee further notes that the Government indicates that no complaints involving cases of discrimination have been mentioned in the labour inspectors’ reports. The Committee asks the Government to provide information on the implementation of the NCHR Strategic Plan 2014–2018 in terms of promoting equality of opportunity and treatment based on all the grounds set out in the Convention, including the measures taken to address the underlying causes of discrimination. It also asks the Government to provide further information on the complaint procedure established under the NCHR, and to indicate whether the NCHR has handled complaints related to cases of discrimination. Finally, the Committee asks the Government to identify the steps taken to strengthen the capacity of labour inspectors and enforce the anti-discrimination provisions of the Labour Code.