CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. In its previous comments, the Committee had noted that the Labour Act of 1997 states that children cannot be employed in eight types of hazardous work, as well as in industries and dangerous works which are injurious to their health or those which require physical effort, or in works and jobs which are injurious to their morals. The Committee had noted, however, that the Labour Act of 1997 defines a “child” as a person under 16 years of age. It had therefore reminded the Government that, by virtue of Article 3(d) of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age.

The Committee notes that, according to the Government’s information in its report communicated to the Office under the Minimum Age Convention, 1973 (No. 138) in 2008, Sudan is in the process of enacting a new Labour Act (draft Labour Act) so as to bring it into line with the international labour Conventions ratified by Sudan. The Committee notes that the Government also indicated that the draft Labour Act provides for the protection of working children by prohibiting their employment in hazardous work until they reach the age of 18 years. The Committee requests the Government to take the necessary measures to ensure that the draft Labour Act is adopted as soon as possible. It requests the Government to supply a copy of the provision of the Labour Act which fixes the minimum age for hazardous work at 18 years, as soon as it has been adopted.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted the Government’s information that a tripartite committee was set up in order to prepare a list of hazardous and prohibited tasks in which the employment of children is prohibited. It had noted that the draft list, which contains about 55 occupations or industries prohibited for children under 18 and 17 years of age, was in the process of being approved. The Committee notes the Government’s information, in its 2008 report communicated to the Office under the Minimum Age Convention, 1973 (No. 138), that this list shall be approved by the competent authorities and shall be annexed to the new Labour Act. The Committee requests the Government to take immediate measures to ensure that the draft list of types of hazardous work is adopted as a matter of urgency, in accordance with Article 1 and Article 4(1) of the Convention. It requests the Government to provide a copy of this draft list as soon as it has been adopted.

Article 5. Monitoring mechanisms. Labour inspectorate and Unit on Women and Children within the Ministry of Labour. In its previous comments, the Committee had noted the Government’s statement that one of the difficulties encountered in the application of the Convention consists in the weakness of the labour inspectorate, including the inspection of child labour, mainly due to the lack of computers and vehicles used in inspection and the necessary funds to undertake research, studies and statistics. The Committee had also noted the Government’s information that a special unit on women and children was set up within the Ministry of Labour and that efforts are being deployed to establish similar units in the provinces whilst seeking to strengthen the labour inspectorate responsible for child labour.

The Committee notes the Government’s information that an Inspection Unit has been established within the General Department for Labour Affairs of the Ministry of Labour and has been afforded means to facilitate its work, while ongoing efforts are currently being made to provide it with the required logistical support. However, the Government supplies no information on the activities of the labour inspectorate, including the number and nature of violations detected with regard to the worst forms of child labour. The Committee reminds the Government that, by virtue of Article 5 of the Convention, member States are required to establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention. Consequently, the Committee requests the Government to take measures to strengthen the labour inspection system, with particular reference to the role entrusted to labour inspectors in combating the worst forms of child labour, and to provide information on the results achieved.

Article 6. Programmes of action. The Committee had previously noted the Government’s information that a tripartite committee was set up in addition to other occupational groups to formulate programmes of action aimed at the eradication of the worst forms of child labour, wherever they are found. Noting the lack of information in the Government’s report on that subject, the Committee requests the Government to provide information on the programmes of action adopted in the framework of the activities of the tripartite committee in its next report.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee had previously noted that article 44(2) of the Constitution of 2005 of the Transitional Sudan Republic specifies that education at the primary level is compulsory and is provided free of charge. It had also observed that, according to the information contained in the Government’s periodic report to the Committee on the Rights of the Child of 6 December 2001, the developments made in the field of education include the attention devoted to non-formal education as a way of making education accessible to children of different ages who are not in school or who dropped out of the early stages of basic education, with particular emphasis on girls (CRC/C/65/Add.17, paragraphs 245–246). The Committee had welcomed the educational measures adopted by the Government. It had nevertheless noted that, in its concluding observations of 9 October 2002, the Committee on the Rights of the Child expressed its concern at the very low level of public spending on education and at the very high drop-out rates, especially in primary education (CRC/C/15/Add.190, paragraphs 53–56). It also expressed concern at the fact that the availability, accessibility and quality of education in the southern part of the country is much worse than in the rest of the country.

The Committee notes the Government’s information that the Ministry of Labour, Public Service and Human Resources Development, the Ministry of General Education and the Ministry of Social Welfare, Gender and Children’s Affairs, in collaboration with the ILO and the European Union, have signed a Protocol for combating child labour through education. The main objective of this Protocol is to build a partnership and support sustained efforts to combat child labour and encourage education, with a particular emphasis on girls, through, among other things, the implementation of the Millennium Development Goals in the field of education. However, the Committee notes that according to the UNESCO Education for All – Global Monitoring Report of 2008 (UNESCO Report), Sudan still faces massive challenges in retaining students through a complete primary school cycle and thus urgently needs to adopt strategies to expand access to out-of-school children and improve quality standards to retain them once they are enrolled. It also observes that, while there are no statistics on the enrolment rates at the primary level available, the gross enrolment rate at the secondary level is only 34 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to provide information on the time-bound measures taken, particularly in the framework of the Protocol for combating child labour through education, to increase school attendance and reduce school dropout rates. The Committee requests the Government to provide information on the results achieved, in particular the enrolment rates in primary education.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Child victims of trafficking for camel jockeying. The Committee notes that, according to the written replies by the Government under the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography of 10 April 2007, Sudan is a source country of children trafficked toward the Gulf countries to become engaged in camel jockeying. According to these written replies, a Committee on Eradication of Employment of Sudanese Children in Gulf States was created and various measures were adopted to combat the exploitation of children in camel racing, including the signing of a Memorandum of Understanding with UNICEF on the protection and integration of children participating in camel racing in the United Arab Emirates (CRC/C/OPSC/SDN/Q/1/Add.1, pages 23–27). In this regard, the Committee finally notes that, according to information from UNICEF, in April 2007, UNICEF and the delegates from the United Arab Emirates (UAE), Pakistan, Bangladesh, Mauritania and Sudan met to affirm their historic commitment to ending the use of children as camel jockeys and provide services and compensation to all children formerly involved in camel racing. Acknowledging that an international solution is the only effective way to protect former camel jockeys, the Governments of Bangladesh, Mauritania, Pakistan and Sudan commended an agreement signed by the UAE and UNICEF on 23 April 2007 to establish a second and expanded phase of their programme (until May 2009) to rehabilitate and repatriate child camel jockeys to their country of origin. The Committee notes, however, the concern expressed by the Committee on the Rights of the Child, in its concluding observations of 21 June 2007 under the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, that there continue to be cases where children, especially children belonging to particular tribes, are trafficked to the Middle East to be used as camel jockeys (CRC/C/15/Add.190, paragraph 33). The Committee urges the Government to continue to take the necessary measures to ensure that children under 18 years of age are not trafficked in future for the purpose of camel jockeying. It requests the Government to provide information on the results achieved in this regard with its next report.

Clause (d). Identifying and reaching out to children at special risk. Disadvantaged children: refugees, internally displaced, street children. The Committee had previously noted that the Committee on the Rights of the Child, in its concluding observations of 9 October 2002, expressed its concern at the large number of Sudanese children who continue to live as refugees in neighbouring countries and at the situation of internally displaced children (CRC/C/15/Add.190, paragraphs 57, 58 and 67). The Committee notes that, in its concluding observations of 21 June 2007 under the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, the Committee on the Rights of the Child noted that the conflict situation in Sudan, combined with extreme poverty, drought and famine, has contributed to the significant number of street children and internally displaced children who are particularly vulnerable to all forms of exploitation, including acts covered by the Optional Protocol (CRC/C/OPSC/SDN/CO/1, paragraph 17). The Committee on the Rights of the Child expressed concern at the information these children may resort to prostitution as a means for survival in exchange for food, money or basic goods. The Committee notes that the Government does not provide any information on this subject. It reminds the Government that child refugees, internally displaced children and street children are particularly exposed to the worst forms of child labour. The Committee therefore requests the Government to take effective and time-bound measures to protect these children from the worst forms of child labour and to provide information on the results achieved in this regard. It also requests the Government to provide information on the measures taken to provide for the rehabilitation and social integration of children who are actually removed from the streets.

Parts IV and V of the report form. Practical application of the Convention. Following its previous comments, the Committee notes that, in its concluding observations of 21 June 2007 under the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, the Committee on the Rights of the Child, while welcoming that a children’s information centre was being set up by the National Council for Child Welfare to include all indicators related to different aspects of childhood, expressed regret that the information on the extent and prevalence of sale, trafficking, child prostitution and child pornography was insufficient and that there was no centralized system of data collection on child protection issues (CRC/C/OPSC/SDN/CO/1, paragraph 7). The Committee reminds the Government that, so that the Committee can assess whether a member State that has ratified the Convention has complied with its obligations, it needs certain information, including statistical data, as requested in Part V of the report form. The Committee therefore requests the Government to take immediate measures to ensure that statistics on the incidence on the worst forms of child labour, including the sale and trafficking of children for labour or commercial sexual exploitation, child prostitution and child pornography, are available. It requests the Government to provide information on the progress made in this regard in its next report.

CMNT_TITLE

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery and practices similar to slavery. Abduction and the exaction of forced labour. In its previous comments under Convention No. 29, the Committee had noted the International Trade Union Confederation’s (ITUC) allegation that the report on the situation in Darfur issued by Amnesty International in July 2004 indicates cases of abduction of women and children by the Janjaweed militia, including some cases of sexual slavery. Abductions had continued in 2003 and 2004. The ITUC also indicated that, according to the Dinka Chiefs Committee (DCC) and the Committee for the Eradication of Abduction of Women and Children (CEAWC), there were some 14,000 people who had been abducted. The Committee had also noted the information contained in the ITUC’s communication of 7 September 2005 that the signing of a Comprehensive Peace Agreement (CPA) in January 2005, the inauguration of a new Government on 9 July 2005 and the adoption of the interim Constitution provided a historic opportunity for the new Government of Sudan to resolve the problem of abductions, but it would not automatically lead to an end of abductions and the exaction of forced labour.

The Committee had noted that article 30(1) of the Constitution of the Transitional Sudan Republic of 2005 prohibits slavery, the slave trade in all its forms and forced labour (unless sanctioned by the tribunal). It had also noted the Government’s information that section 32 of the Child Act of 2004 specifically prohibits “the employment of children in forced labour, sexual or pornographic exploitation, illegal trade, or armed conflict”. The Committee had further noted that various provisions of the Penal Code prohibit forced labour (section 311), including abductions for that purpose (section 312).

The Committee notes that, according to the Report of Activities of the CEAWC annexed to the Government’s communication of 27 April 2008, the CEAWC has successfully identified and resolved 11,237 of the 14,000 cases of abduction and reunified 3,398 abductees with their families. It notes that, according to the statement of the Government representative at the discussion under the Forced Labour Convention (No. 29) of the Committee on the Application of Standards of the June 2008 International Labour Conference, the number of cases of abduction identified was raised to 11,300. The Government representative recalled that the CEAWC had achieved a large measure of success in dealing with cases of abduction and affirmed that there have been no cases of forced labour in the country since the signature of the 2005 CPA. However, the Committee notes that both Worker and Employer members affirmed that there was evidence of the persistence of abductions of women and children and their forced labour in Sudan. In this regard, the Committee, while taking note of the measures taken by the Government, expressed the view that there was no verifiable evidence that forced labour was completely eradicated and expressed concern at the reports relating to the involuntary return of certain abductees, including cases of displaced and unaccompanied children.

The Committee further notes that, in its communication of 29 August 2008, the ITUC observed that, despite the Government’s claim that “there were no further cases of abduction and forced labour in the country”, information from various sources provide evidence that abductions have continued in Darfur, in the context of the current conflict there. In response to the ITUC’s allegations, the Government, in its communication of 2 November 2008, reiterated its commitment to completely eradicate the phenomenon of abductions and to provide continued support to the CEAWC. The Government also once again confirmed that abductions have stopped completely which, according to the Government, has also been confirmed by the DCC.

The Committee notes, however, that there is broad consensus among United Nations bodies, the representative organizations of workers and non-governmental organizations of the continuing existence and of the scope of the practices of abduction and the exaction of forced labour from children. Indeed, the Committee observes that the Secretary-General of the United Nations, in a Security Council report on children and armed conflict in the Sudan, of 10 February 2009, reported many instances of child abductions in southern Sudan and Darfur in 2007, as well as continuing concerns about incidents of abductions in 2008 (S/2009/84, paragraphs 35–37). Furthermore, the Committee notes that, in his Report to the Human Rights Council of June 2009, the Special Rapporteur on the situation of human rights in the Sudan highlights cases of abduction of children in March and April 2009 in Jonglei State, as well as between December 2008 and March 2009 in Western Equatoria and Central Equatoria States, in the context of continued attacks and fighting.

The Committee therefore once again observes that, while there have been positive and tangible steps to combat the forced labour of children, which include the conclusion of the results achieved by the CEAWC, there is no verifiable evidence that the forced labour of children has been eradicated. Therefore, although the national legislation appears to prohibit abductions and the exaction of forced labour, this remains an issue of concern in practice, in particular in the context of renewed violence and conflict. In this regard, the Committee once again reminds the Government that, by virtue of Article 3(a) of the Convention, forced labour is considered as one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It strongly urges the Government to redouble its efforts to improve the situation and to take effective and time-bound measures to eradicate abductions and the exaction of forced labour from children under 18 years, as a matter of urgency. It also requests the Government to provide information on the measures taken to remove children from situations of abduction and forced labour and to provide for their rehabilitation and social integration, and to continue providing information on the results achieved.

Forced recruitment of children for use in armed conflict. In its previous comments, the Committee had noted that the government armed forces, including the paramilitary Popular Defence Forces (PDF), the government-backed militias, the Sudan People’s Liberation Army (SPLA) and other armed groups, including tribal groups not allied to government or armed opposition groups, have forcibly recruited child soldiers in the north and the south of Sudan. Recruitment took place predominantly in Western and Southern Upper Nile, Eastern Equatoria and the Nuba Mountains. An estimated 17,000 children remained in the government, SPLA and militia forces in 2004.

The Committee had noted that the National Service Law of 1992 stipulates that any Sudanese person having attained 18 years of age and who is not older than 33 years of age may be subject to conscription. However, section 10(4) of the People’s Armed Forces Act of 1986 states that all those who are capable of bearing arms are regarded as a reserve force and may be called upon to serve in the armed forces whenever the need arises. Subsection (5) of section 10 further states that, without prejudice to the provisions of subsection (4), the President of the Republic may require any person who is capable of bearing arms to undergo military training and thus be prepared as a member of a reserve force in accordance with the conditions specified by any law or decree in force. Furthermore, the government-run PDF established as a paramilitary force by the Popular Defence Forces Act of 1989, were allowed to recruit 16-year-olds.

The Committee had noted the Government’s information that section 9(24) of the Sixth Protocol of the CPA of 2005 requires “the demobilization of all child soldiers in the span of six months as from the date on which the Comprehensive Peace Agreement is signed”. Section 9(1)(10) of the Protocol considers the conscription of children a violation of the provisions of the Agreement. The Committee had also noted the Government’s information that a Committee was set up after the CPA which is specialized in disarmament, demobilization and reintegration. However, the Committee had considered that the prohibition of forcibly recruiting children should not be confined to the scope of the said CPA. Hence, the Committee had observed that, according to the legislation in force, children under 18 years may be recruited as “reserve forces” as well as members of the PDF (from 16 years of age). The Committee had accordingly requested the Government to take the necessary measures to prohibit in the national legislation the compulsory recruitment of children under 18 years including as “reserves”, in any military force and to adopt appropriate penalties for contraventions of the prohibition.

The Committee notes that, according to the mission report of the Special Representative of the Secretary-General for Children and Armed Conflict of 24 January to 2 February 2007, the Government of Sudan was finalizing the Sudan Armed Forces Bill that fixes the age of recruitment at 18 years and criminalizes the recruitment of anyone under 18. The Committee notes with interest that the Sudan Armed Forces Act was adopted in December 2007. The Committee further notes with interest that the Child Act of Southern Sudan was adopted in 2008. Section 31 of this Child Act establishes a minimum age of 18 years for conscription or voluntary recruitment into armed forces or groups. Section 32 provides that any person involved in the recruitment of a child into the armed forces is liable to be sentenced to imprisonment for a term not exceeding ten years or to a fine, or both.

While taking note of these advances, the Committee nevertheless observes that the Secretary-General of the United Nations, in his Security Council report on children and armed conflict in the Sudan of 10 February 2009, indicates that United Nations field monitors reported the recruitment and use of 101 children by the SPLA and that the recruitment and use of 67 children has been reported in six separate incidents in the Abyei area. On 18–19 June 2008, the United Nations reported the presence of 55 uniformed children aged 14 to 16 years among SAF soldiers who had presented themselves for registration in the Joint Inspection Unit. Furthermore, the Secretary-General indicates that United Nations field monitors reported the recruitment and use of 487 children by various armed forces and groups operating in all three Darfur states, most of which have been used as combatants, and that it is known that many cases remain unreported. Moreover, over 14 Sudanese and foreign armed forces and groups are reportedly responsible for recruiting and using children in Darfur. In February 2008 alone, at least 89 children were recruited by various armed groups: 10 in southern Darfur, 30 in northern Darfur, and 49 in western Darfur. Some of the children recruited were as young as 12 years of age. The Secretary-General further reports that Government forces are also responsible for recruiting children in Darfur. For example, reports indicate that the Central Reserve Police recruited 49 children and the SAF recruited 45 children between 1 August 2007 and 30 December 2008 (S/2009/84, 10 February 2009, paragraphs 9–17).

The Committee notes that, despite the adoption of the Sudan Armed Forces Act in 2007 and the Child Act of Southern Sudan in 2008, children are still being recruited and forced to join illegal armed groups or the national armed forces in practice. It expresses its profound concern with regard to the persistence of this practice, especially as it leads to other violations of the rights of children, in the form of abductions, murders and sexual violence. The Committee refers to the Secretary-General’s call upon the Government of National Unity and the Government of Southern Sudan to live up to the commitments they have made to end the recruitment and use of children in their forces in accordance with their obligations under international law as well as national legislation (S/2009/84, 10 February 2009, paragraph 68). The Committee therefore urges the Government to intensify its efforts to improve the situation and to adopt, as a matter of urgency, immediate and effective measures to put a stop in practice to the forced recruitment of children under 18 years of age by armed groups and the armed forces. It urges the Government to take the necessary measures to ensure that persons who forcibly recruit children under 18 years for use in armed conflict are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. Finally, the Committee requests the Government to send a copy of the Sudan Armed Forces Act.

Article 7, paragraph 1. Penalties. Forced labour. In its previous comments under Convention No. 29, the Committee had noted that the CEAWC was of the opinion that legal action was the best measure to eradicate abductions, while the tribes, including the DCC, had requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes had failed.

The Committee had noted the ITUC’s allegation that the impunity that those responsible for abductions and the exaction of forced labour have
enjoyed – illustrated by the absence of any prosecutions for abductions in the last 16 years – has been responsible for the continuation of this practice throughout the civil war and more recently in Darfur. The Committee noted the Government’s reply of November 2005 according to which the main reasons for which all the tribes concerned, including the DCC, have requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes are not successful, are that: legal action is very long and expensive; it may threaten the life of young abductees; and it will not build peace among the tribes concerned.

The Committee had noted that the Penal Code of 2003 contains various provisions which provide for sufficiently effective and dissuasive penalties of imprisonment and fines for anyone who commits the offence of forced labour. It had also noted the Government’s information that section 67(d) of the Child Act of 2004 states that any person who violates section 32 prohibiting forced labour shall be punished by imprisonment for a maximum period of 15 years and by a fine decided upon by the tribunal. The Committee had considered that the lack of enforcement of the penal provisions prohibiting the forced labour of children under 18 years, while sometimes ensuring that victims are effectively retrieved, has the effect of ensuring impunity for perpetrators instead of punishing them.

The Committee notes that the Government representative at the Conference Committee on the Application of Standards indicated that, with a view to giving effect to legal procedures and to bringing those procedures closer to the victims, four prosecutors had been appointed covering all the regions addressed by the CEAWC. However, not a single victim made use of these legal procedures and so, as of January 2008, the CEAWC recommenced its work to continue the methods that had been previously applied. The Worker members nevertheless pointed out that international provisions regarding sanctions should prevail to prevent perpetrators from enjoying impunity. The Worker members noted that the lack of prosecutions had undoubtedly contributed to the persistence of abductions during the civil war and until today in Darfur. The Conference Committee therefore considered it necessary to pursue effective and urgent action to put an end to impunity by punishing perpetrators, particularly those unwilling to cooperate, independently from the CEAWC’s activities. In this regard, in her Report to the Human Rights Council of June 2009, the Special Rapporteur on the situation of human rights in the Sudan expressed ongoing and serious concern at the level of impunity in all areas of Sudan (A/HRC/11/14, paragraph 91).

The Committee once again reminds the Government that, by virtue of Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee once again requests the Government to take the necessary measures to ensure the protection of children under 18 years of age against abductions for the exaction of forced labour in practice, including by ensuring that thorough investigations and robust prosecutions of offenders are carried out, and that effective and sufficiently dissuasive sanctions are imposed on those engaged in the abduction and exaction of forced labour from children under 18 years. It also requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Child soldiers. The Committee notes that the Secretary-General of the United Nations, in his Security Council report on children and armed conflict in the Sudan of 10 February 2009, indicated that during the reporting period (1 August 2007 to 30 December 2008), almost 600 children formerly associated with armed forces and groups under the CPA, as well as 12,000 other vulnerable children, were supported through reintegration programmes across the Sudan. It notes that the National Council for Disarmament, Demobilization and Reintegration (DDR) Coordination and the Northern Sudan DDR Commission were established by the CPA in February 2006, while a DDR Commission for Southern Sudan was created in May 2006. The Northern and Southern Sudan DDR Commissions have jointly developed a national reintegration strategy for children associated with armed forces and groups, which will provide a common approach for child reintegration throughout the country. In this regard, the Southern Sudan DDR Commission has reintegrated 150 children and registered an additional 50, and the Northern Sudan DDR Commission has recently started the reintegration of some 300 children. The Secretary-General also indicates that a DDR process for children in Darfur was launched in June 2008 as a result of a workshop that brought together representatives of the six groups that are signatories to the Darfur Peace Agreement, all of whom have committed themselves to releasing children as a priority. However, although the CPA signed in January 2005 called for the immediate and unconditional release of all children from various fighting forces and groups within six months, the Secretary-General points out that children continue to be recruited and used by all parties to the conflict (S/2009/84, paragraphs 56–60). While noting the progress achieved in the country, the Committee observes that the current situation in Sudan remains a cause for serious concern. The Committee strongly encourages the Government to continue its efforts and take effective and time-bound measures to remove children from armed conflict and ensure their rehabilitation and social integration. In this regard, it requests the Government to supply information on the number of children under 18 years of age who have been rehabilitated and reintegrated into their communities as a result of the Northern and Southern Sudan DDR Commissions.

Furthermore, in accordance with the recommendation of the Conference Committee on the Application of Standards, the Committee invites the Government to avail itself of ILO technical assistance.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. The Committee noted the Government’s information that subsection (1) of section 21 of the Labour Act of 1997 states that no “child” shall be employed in a list of eight types of hazardous work. Subsection (2) of section 21 provides that “children” shall not be employed in industries and dangerous works which are injurious to their health or those which require physical effort, or in works and jobs which are injurious to their morals. However, the Committee noted that the Labour Act defines a “child” as a person under 16 years of age. In this regard, the Committee reminded the Government that, by virtue of Article 3(d) of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age. Accordingly, in the framework of the reform of the Labour Act, the Committee urges the Government to take the necessary measures to amend the relevant provisions of the Labour Act in order to ensure that no person under 18 years of age is authorized to perform hazardous work, in accordance with Article 3(d) of the Convention.

Article 4, paragraph 1. Determination of hazardous work. The Committee noted the Government’s information that subsection (1) of section 21 states that the following types of hazardous work are prohibited to children under 16 years: (a) carrying heavy weights; (b) steam boilers and pressure receptacles; (c) blast furnaces and foundries; (d) work done under the ground or underwater and work in mines or quarries; (e) work in the composition of lead and its compounds; (f) work in which workers are exposed to poisonous or injurious materials whether organic or inorganic such as lead, mercury, cyanide, calcium, petroleum and its compounds; (g) radiation work and ionizing radiation; (h) maintenance of machinery and belts thereof. It also noted that subsection (2) of section 21 states that the Minister or any other person delegated by the Minister shall specify certain works and jobs which are injurious to the health and morals of children. The Committee also noted that, according to the Government, a tripartite committee was set up in order to prepare a list of hazardous and prohibited tasks in which the employment of children is prohibited. The Committee took note of the comprehensive draft list, in the process of being approved, supplied by the Government. This list contains about 55 occupations or industries prohibited for children under 18 and 17 years, including the lifting or pulling weights; construction work; and underground work in mines and quarries. The Committee requests the Government to provide a copy of this list, as soon as it has been approved.

Article 4, paragraph 2. Identification of hazardous work. The Committee noted the Government’s information that the Ministry of Labour has set up a tripartite committee which includes experts, specialists and members of organizations working in the field of childhood which elaborated a list of the worst forms of child labour and the places where such work is undertaken. This list is not yet approved. The Committee requests the Government to supply a copy of this list once it has been approved.

Article 5.  Monitoring mechanisms.  Labour Inspectorate and Unit on Women and Children within the Ministry of Labour.  The Committee noted that, according to section 69(1) of the Labour Act, a competent labour officer or any person with the approval of the competent authority, may enter a workplace during working hours and he/she may ask the employer to give any information for the implementation of the provisions of this Act. Furthermore, section 87(1) of the Labour Act provides for the appointment of an industrial safety inspector who, according to section 88(1), has the power to enter the factory premises during working hours, at any time to inspect, inquire into accidents, examine the equipment and materials, take samples and to verify particulars. The Committee noted the Government’s statement that one of the difficulties encountered in the application of the Convention consists in the weakness of the labour inspectorate, including the inspection of child labour, mainly due to the lack of computers and vehicles used in inspections and the necessary funds to undertake research, studies and statistics. The Committee also noted the Government’s information that a special unit on women and children was set up within the Ministry of Labour and that efforts are being deployed to establish similar units in the provinces whilst seeking to strengthen the labour inspectorate responsible for child labour. For this purpose, the Government envisages the necessity of training working officials and setting up a special inspection unit on child labour in the various provinces of Sudan. The Committee encourages the Government to provide information on the measures taken to strengthen the role of the labour inspectorate. It also requests the Government to provide information on the functioning and activities of the special unit on women and children set up within the Ministry of Labour.

Article 6. Programmes of action. The Committee noted the Government’s information that a tripartite committee was set up in addition to other occupational groups to formulate programmes of action aimed at the eradication of the worst forms of child labour, wherever they are found. The programmes of action have not yet been elaborated. The Committee requests the Government to keep it informed on any developments towards the adoption of programmes of action aimed at the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the Government’s information that article 44(2) of the Constitution of 2005 of the Transitional Sudan Republic specifies that education at the primary level is compulsory and is provided free of charge. It also noted the Government’s information that a special unit for girl’s education was set up at the Ministry of Education which is responsible for the enrolment of girls who are of school age. This is a national strategy which seeks to stop school drop-outs, and to eliminate the gap in the education of girls as compared to boys by 2015. The Committee observed that, according to the information contained in the Government’s periodic report to the Committee on the Rights of the Child of 6 December 2001 (CRC/C/65/Add.17, paragraphs 245 and 246), the developments made in the field of education include the attention devoted to non‑formal education as a way of making education accessible to children of different ages who are not in school or who dropped out of the early stages of basic education, with particular emphasis on girls. Special education programmes for youngsters between 9 and 14 years run in parallel with formal basic education. Moreover, educational programmes, including the opening of new schools, have been developed in order to assist: (a) children displaced by drought and war; (b) nomad children (by 1997, 259 mobile schools have been opened in cooperation with UNICEF); (c) refugee children. The Committee welcomed the educational measures adopted by the Government. Nevertheless, it noted that in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraphs 53–56) the Committee on the Rights of the Child expresses its concern at the very low level of public spending on education and at the very high drop-out rates especially in primary education. It also expressed its concern at the fact that the availability, accessibility and quality of education in the southern part of the country is much worse than in the rest of the country. It recommended the state party to urgently implement measures to raise the number of children enrolling in education; implement measures to improve children’s access to schools through, inter alia, the provision of transport to schools over a certain distance away or the establishment of additional schools closer to children; give particular attention to increasing the number of girls enrolling in and completing education. The Committee considered that education plays an important role in preventing children from engaging in the worst forms of child labour. It encourages the Government to strengthen its efforts to improve the access of children to free basic education, in particular children living in disadvantaged areas, especially in the southern part of the country. It also requests the Government to continue providing information on the educational measures adopted to improve the access to free basic education of: girls, children displaced by war; nomadic children and refugee children; and results achieved. It finally asks the Government to supply data on the enrolment and drop-out rates in school.

Clause (d). Identifying and reaching out to children at special risk. Disadvantaged children: refugees; internally displaced; children living on the street. The Committee noted that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraphs 57, 58 and 67), expressed its concern at the large number of Sudanese children who continue to live as refugees in neighbouring countries and at the situation of internally displaced children. The Committee also expressed concern at the large numbers of children living on the street in urban areas who are vulnerable to sexual abuse, violence, exploitation and the abuse of various substances and that they lack access to education. The Committee requests the Government to provide information on the effective and time-bound measures taken or envisaged to protect child refugees, internally displaced children and children living on the street from the worst forms of child labour.

Parts IV and V of the report form. Practical application of the Convention. The Committee noted the Government’s information that it lacks official documents, such as labour inspection reports and studies because of the weakness of the labour inspectorate. It requests the Government to provide information on the practical difficulties encountered in the application of the Convention and to continue reporting on the developments regarding these and other aspects, including a general appreciation of the manner in which the Convention is applied in Sudan. It finally requests the Government to provide information, as soon as it becomes available, 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 and penal sanctions applied.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery and practices similar to slavery. Abduction and the exaction of forced labour. In its previous comments under Convention No. 29, the Committee had noted the International Trade Union Confederation’s (ITUC) allegation that the report on the situation in Darfur issued by Amnesty International in July 2004 indicates cases of abduction of women and children by the Janjaweed militia, including some cases of sexual slavery. Abductions had continued in 2003 and 2004. The ITUC also indicated that, according to the Dinka Chiefs Committee (DCC) and the Committee for the Eradication of Abduction of Women and Children (CEAWC), there were some 14,000 people who had been abducted. The Committee had also noted the Government’s information that, during the period from March to May 2004, the CEAWC was able to retrieve, with the Government’s funding, more than 1,000 abductees who rejoined their families, including those in the areas controlled by the Sudan People’s Liberation Army (SPLA).

The Committee noted the Government’s information during the Conference Committee discussion of June 2005 according to which the CEAWC has dealt with 11,000 of the 14,000 cases of abduction and about 7,500 persons have been retrieved in 2004–05 compared with 3,500 from 1999 to 2004.

The Committee also noted the information contained in the ITUC’s communication of 7 September 2005 that the signing of a comprehensive Peace Agreement in January 2005, the inauguration of a new Government on 9 July 2005 and the adoption of the interim Constitution provide an historic opportunity for the new Government of Sudan to resolve the problem of abductions, but it will not automatically lead to an end of abductions and the exaction of forced labour. With regard to the Government’s statement during the Conference Committee of 2005 that “the case was closed and there were no more abductions”, the ITUC alleges that it has been informed about abductions leading to forced labour and repeated rape amounting to sexual slavery and forced prostitution. The Committee also took note of the Government’s reply of November 2005, according to which 108 abducted children have been retrieved by the CEAWC.

The Committee noted that article 30(1) of the Constitution of the Transitional Sudan Republic of 2005 prohibits slavery, the slave trade in all its forms and forced labour (unless sanctioned by the tribunal). It noted the Government’s information that section 32 of the Act on the Child of 2004 specifically prohibits “the employment of children in forced labour, sexual or pornographic exploitation, illegal trade, or armed conflict”. The Committee also noted that various provisions of the Penal Code prohibit forced labour (section 311), including abductions for that purpose (section 312).

The Committee noted the convergence of allegations and the broad consensus among the United Nations bodies, the representative organizations of workers and non-governmental organizations concerning the continuing existence and scope of the practices of abduction and the exaction of forced labour from children. The Committee observed that, while there have been positive and tangible steps to combat the forced labour of children, which include the conclusion of the Comprehensive Peace Agreement of 2005 and the results achieved by the CEAWC, there is no verifiable evidence that the forced labour of children has been abolished. Therefore, although the national legislation appears to prohibit abductions and the exaction of forced labour, this remains an issue of concern in practice. In this regard, the Committee reminded the Government that, by virtue of Article 3(a) of the Convention, forced labour is considered as one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee expressed its deep concern over the situation of children under 18 years who continue to be abducted and subject to forced labour. It once again urges the Government to redouble its efforts to improve the situation and to take the necessary measures to eradicate abductions and the exaction of forced labour from children under 18 years. It also requests the Government to provide information on the effective and time-bound measures taken to remove children from situations of abduction and forced labour and to provide for their rehabilitation and social integration.

2. Forced recruitment of children for use in armed conflict. The Committee noted that, according to the Government’s Periodic Report to the Committee on the Rights of the Child of 6 December 2001 (CRC/C/65/Add.17, paragraph 39), the National Service Law of 1992 stipulates that any Sudanese person having attained 18 years of age and who is not older than 33 years of age may be subject to conscription. Section 10(4) of the People’s Armed Forces Act of 1986 states that all those who are capable of bearing arms are regarded as a reserve force and may be called upon to serve in the armed forces whenever the need arises. Subsection (5) of section 10 further states that, without prejudice to the provisions of subsection (4), the President of the Republic may require any person who is capable of bearing arms to undergo military training and thus be prepared as a member of a reserve force in accordance with the conditions specified by any law or decree in force. Furthermore, the government-run Popular Defence Forces established as a paramilitary force by the Popular Defence Forces Act of 1989, are allowed to recruit 16-year-olds.

The Committee noted that, according to the information available at the Office, the government armed forces, including the paramilitary Popular Defence Forces (PDF), the government-backed militias, the SPLA and other armed groups, including tribal groups not allied to government or armed opposition groups, have forcibly recruited child soldiers in the north and the south of Sudan. Recruitment took place predominantly in Western and Southern Upper Nile, Eastern Equatoria and the Nuba Mountains. An estimated 17,000 children remained in the government, SPLA and militia forces in 2004. In some cases, they were made to attack their own or neighbouring communities. The Committee also noted that in April 2003, the United Nations High Commissioner for Human Rights expressed concern at the continued recruitment and use of children in Sudan, in violation of international law. The Committee also noted that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, 2002, paragraphs 59 and 60) expressed deep concern that children are used as soldiers by the Government and opposition forces, and recommended the State party to end all recruitment and use of children as soldiers, in accordance with applicable international standards, complete demobilization and rehabilitate those children who are currently working as soldiers, and to comply with the Commission on Human Rights resolution 2001.

The Committee noted the Government’s information that section 9(24) of the Sixth Protocol of the Comprehensive Peace Agreement requires “the demobilization of all child soldiers in the span of six months as from the date on which the Comprehensive Peace Agreement is signed”. Section 9(1)(10) of the Protocol considers the conscription of children a violation of the provisions of the Agreement. If such a violation occurs, the joint military committee shall decide on the appropriate disciplinary measures to be taken which include: “declaring or announcing the parties which are involved in the conflict, exposing or denouncing the culprit, or deciding on imposing a harsh penalty if the culprit is involved in serious violations, recommending that the individual culprit or parties involved be referred to a tribunal be it civil, criminal or military, as the case may be”. The Committee also noted the Government’s information that a Committee was set up after the Peace Agreement which is specialized in disarmament, demobilization and reintegration. It formulated a draft policy framework for the demobilization and reintegration of children linked to the armed forces groups.

The Committee noted the adoption of the Comprehensive Peace Agreement in January 2005. However, it considers that the prohibition of forcibly recruiting children should not be confined to the scope of the said Agreement. Hence, the Committee observed that, according to the legislation in force, children under 18 years may be recruited as “reserve forces” as well as members of the Popular Defence Force (from 16 years of age). The Committee therefore once again requests the Government to take the necessary measures, as a matter of urgency, to prohibit in the national legislation the compulsory recruitment of children under 18 years including as “reserves”, in any military force, governmental or not, and to adopt appropriate penalties for contraventions of the prohibition. It also requests the Government to provide information on the time-bound measures taken to demobilize all child soldiers, including information on the number of children under 18 years who have been rehabilitated and reintegrated in their communities.

Article 7. Penalties. Forced labour. In it its previous comments under Convention No. 29, the Committee had noted that the CEAWC was of the opinion that legal action was the best measure to eradicate abductions, while the tribes, including the DCC, had requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes had failed.

The Committee noted the ITUC’s allegation that the impunity that those responsible for abductions and the exaction of forced labour have enjoyed – illustrated by the absence of any prosecutions for abductions in the last 16 years – has been responsible for the continuation of this practice throughout the civil war and more recently in Darfur. The Committee noted the Government’s reply of November 2005 according to which, the main reasons for which all the tribes concerned, including the DCC, have requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes are not successful, are that: legal action is very long and expensive; it may threaten the life of young abductees; and it will not build the peace among the tribes concerned.

The Committee noted that the Penal Code of 2003 contains various provisions which provide for sufficiently effective and dissuasive penalties of imprisonment and fines for anyone who commits the offence of forced labour. It also noted the Government’s information that section 67(d) of the Child Act of 2004, states that any person who violates section 32 prohibiting forced labour, shall be punished by imprisonment for a maximum period of 15 years and by a fine decided upon by the tribunal.

The Committee noted that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraph 62) recommended the State party to prosecute those persons engaged in the abduction, sale and purchase or illegal forced recruitment of children. The Committee considered that the lack of enforcement of the penal provisions prohibiting the forced labour of children under 18 years, while sometimes ensuring that victims are effectively retrieved, has the effect of ensuring impunity for perpetrators instead of punishing them. The Committee reminded the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee once again requests the Government to take the necessary measures to ensure that those engaged in the abduction and exaction of forced labour from children under 18 years are prosecuted and that sufficiently effective and dissuasive penalties are imposed on them. It also requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

The Committee is also addressing a direct request to the Government concerning other points.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. The Committee noted the Government’s information that subsection (1) of section 21 of the Labour Act of 1997 states that no “child” shall be employed in a list of eight types of hazardous work. Subsection (2) of section 21 provides that “children” shall not be employed in industries and dangerous works which are injurious to their health or those which require physical effort, or in works and jobs which are injurious to their morals. However, the Committee noted that the Labour Act defines a “child” as a person under 16 years of age. In this regard, the Committee reminded the Government that, by virtue of Article 3(d) of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age. Accordingly, in the framework of the reform of the Labour Act, the Committee urges the Government to take the necessary measures to amend the relevant provisions of the Labour Act in order to ensure that no person under 18 years of age is authorized to perform hazardous work, in accordance with Article 3(d) of the Convention.

Article 4, paragraph 1. Determination of hazardous work. The Committee noted the Government’s information that subsection (1) of section 21 states that the following types of hazardous work are prohibited to children under 16 years: (a) carrying heavy weights; (b) steam boilers and pressure receptacles; (c) blast furnaces and foundries; (d) work done under the ground or underwater and work in mines or quarries; (e) work in the composition of lead and its compounds; (f) work in which workers are exposed to poisonous or injurious materials whether organic or inorganic such as lead, mercury, cyanide, calcium, petroleum and its compounds; (g) radiation work and ionizing radiation; (h) maintenance of machinery and belts thereof. It also noted that subsection (2) of section 21 states that the Minister or any other person delegated by the Minister shall specify certain works and jobs which are injurious to the health and morals of children. The Committee also noted that, according to the Government, a tripartite committee was set up in order to prepare a list of hazardous and prohibited tasks in which the employment of children is prohibited. The Committee took note of the comprehensive draft list, in the process of being approved, supplied by the Government. This list contains about 55 occupations or industries prohibited for children under 18 and 17 years, including the lifting or pulling weights; construction work; and underground work in mines and quarries. The Committee requests the Government to provide a copy of this list, as soon as it has been approved.

Article 4, paragraph 2. Identification of hazardous work. The Committee noted the Government’s information that the Ministry of Labour has set up a tripartite committee which includes experts, specialists and members of organizations working in the field of childhood which elaborated a list of the worst forms of child labour and the places where such work is undertaken. This list is not yet approved. The Committee requests the Government to supply a copy of this list once it has been approved.

Article 5. Monitoring mechanisms. Labour Inspectorate and Unit on Women and Children within the Ministry of Labour. The Committee noted that, according to section 69(1) of the Labour Act, a competent labour officer or any person with the approval of the competent authority, may enter a workplace during working hours and he/she may ask the employer to give any information for the implementation of the provisions of this Act. Furthermore, section 87(1) of the Labour Act provides for the appointment of an industrial safety inspector who, according to section 88(1), has the power to enter the factory premises during working hours, at any time to inspect, inquire into accidents, examine the equipment and materials, take samples and to verify particulars. The Committee noted the Government’s statement that one of the difficulties encountered in the application of the Convention consists in the weakness of the labour inspectorate, including the inspection of child labour, mainly due to the lack of computers and vehicles used in inspections and the necessary funds to undertake research, studies and statistics. The Committee also noted the Government’s information that a special unit on women and children was set up within the Ministry of Labour and that efforts are being deployed to establish similar units in the provinces whilst seeking to strengthen the labour inspectorate responsible for child labour. For this purpose, the Government envisages the necessity of training working officials and setting up a special inspection unit on child labour in the various provinces of Sudan. The Committee encourages the Government to provide information on the measures taken to strengthen the role of the labour inspectorate. It also requests the Government to provide information on the functioning and activities of the special unit on women and children set up within the Ministry of Labour.

Article 6. Programmes of action. The Committee noted the Government’s information that a tripartite committee was set up in addition to other occupational groups to formulate programmes of action aimed at the eradication of the worst forms of child labour, wherever they are found. The programmes of action have not yet been elaborated. The Committee requests the Government to keep it informed on any developments towards the adoption of programmes of action aimed at the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the Government’s information that article 44(2) of the Constitution of 2005 of the Transitional Sudan Republic specifies that education at the primary level is compulsory and is provided free of charge. It also noted the Government’s information that a special unit for girl’s education was set up at the Ministry of Education which is responsible for the enrolment of girls who are of school age. This is a national strategy which seeks to stop school drop-outs, and to eliminate the gap in the  education of girls as compared to boys by 2015. The Committee observed that, according to the information contained in the Government’s periodic report to the Committee on the Rights of the Child of 6 December 2001 (CRC/C/65/Add.17, paragraphs 245 and 246), the developments made in the field of education include the attention devoted to non‑formal education as a way of making education accessible to children of different ages who are not in school or who dropped out of the early stages of basic education, with particular emphasis on girls. Special education programmes for youngsters between 9 and 14 years run in parallel with formal basic education. Moreover, educational programmes, including the opening of new schools, have been developed in order to assist: (a) children displaced by drought and war; (b) nomad children (by 1997, 259 mobile schools have been opened in cooperation with UNICEF); (c) refugee children. The Committee welcomed the educational measures adopted by the Government. Nevertheless, it noted that in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraphs 53–56) the Committee on the Rights of the Child expresses its concern at the very low level of public spending on education and at the very high drop-out rates especially in primary education. It also expressed its concern at the fact that the availability, accessibility and quality of education in the southern part of the country is much worse than in the rest of the country. It recommended the state party to urgently implement measures to raise the number of children enrolling in education; implement measures to improve children’s access to schools through, inter alia, the provision of transport to schools over a certain distance away or the establishment of additional schools closer to children; give particular attention to increasing the number of girls enrolling in and completing education. The Committee considered that education plays an important role in preventing children from engaging in the worst forms of child labour. It encourages the Government to strengthen its efforts to improve the access of children to free basic education, in particular children living in disadvantaged areas, especially in the southern part of the country. It also requests the Government to continue providing information on the educational measures adopted to improve the access to free basic education of: girls, children displaced by war; nomadic children and refugee children; and results achieved. It finally asks the Government to supply data on the enrolment and drop-out rates in school.

Clause (d). Identifying and reaching out to children at special risk. Disadvantaged children: refugees; internally displaced; children living on the street. The Committee noted that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraphs 57, 58 and 67), expressed its concern at the large number of Sudanese children who continue to live as refugees in neighbouring countries and at the situation of internally displaced children. The Committee also expressed concern at the large numbers of children living on the street in urban areas who are vulnerable to sexual abuse, violence, exploitation and the abuse of various substances and that they lack access to education. The Committee requests the Government to provide information on the effective and time-bound measures taken or envisaged to protect child refugees, internally displaced children and children living on the street from the worst forms of child labour.

Parts IV and V of the report form. Practical application of the Convention. The Committee noted the Government’s information that it lacks official documents, such as labour inspection reports and studies because of the weakness of the labour inspectorate. It requests the Government to provide information on the practical difficulties encountered in the application of the Convention and to continue reporting on the developments regarding these and other aspects, including a general appreciation of the manner in which the Convention is applied in Sudan. It finally requests the Government to provide information, as soon as it becomes available, 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 and penal sanctions applied.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery and practices similar to slavery. Abduction and the exaction of forced labour. In its previous comments under Convention No. 29, the Committee had noted the International Trade Union Confederation’s (ITUC) allegation that the report on the situation in Darfur issued by Amnesty International in July 2004 indicates cases of abduction of women and children by the Janjaweed militia, including some cases of sexual slavery. Abductions had continued in 2003 and 2004. The ITUC also indicated that, according to the Dinka Chiefs Committee (DCC) and the Committee for the Eradication of Abduction of Women and Children (CEAWC), there were some 14,000 people who had been abducted. The Committee had also noted the Government’s information that, during the period from March to May 2004, the CEAWC was able to retrieve, with the Government’s funding, more than 1,000 abductees who rejoined their families, including those in the areas controlled by the Sudan People’s Liberation Army (SPLA).

The Committee noted the Government’s information during the Conference Committee discussion of June 2005 according to which the CEAWC has dealt with 11,000 of the 14,000 cases of abduction and about 7,500 persons have been retrieved in 2004–05 compared with 3,500 from 1999 to 2004.

The Committee also noted the information contained in the ITUC’s communication of 7 September 2005 that the signing of a comprehensive Peace Agreement in January 2005, the inauguration of a new Government on 9 July 2005 and the adoption of the interim Constitution provide an historic opportunity for the new Government of Sudan to resolve the problem of abductions, but it will not automatically lead to an end of abductions and the exaction of forced labour. With regard to the Government’s statement during the Conference Committee of 2005 that “the case was closed and there were no more abductions”, the ITUC alleges that it has been informed about abductions leading to forced labour and repeated rape amounting to sexual slavery and forced prostitution. The Committee also took note of the Government’s reply of November 2005, according to which 108 abducted children have been retrieved by the CEAWC.

The Committee noted that article 30(1) of the Constitution of the Transitional Sudan Republic of 2005 prohibits slavery, the slave trade in all its forms and forced labour (unless sanctioned by the tribunal). It noted the Government’s information that section 32 of the Act on the Child of 2004 specifically prohibits “the employment of children in forced labour, sexual or pornographic exploitation, illegal trade, or armed conflict”. The Committee also noted that various provisions of the Penal Code prohibit forced labour (section 311), including abductions for that purpose (section 312).

The Committee noted the convergence of allegations and the broad consensus among the United Nations bodies, the representative organizations of workers and non-governmental organizations concerning the continuing existence and scope of the practices of abduction and the exaction of forced labour from children. The Committee observed that, while there have been positive and tangible steps to combat the forced labour of children, which include the conclusion of the Comprehensive Peace Agreement of 2005 and the results achieved by the CEAWC, there is no verifiable evidence that the forced labour of children has been abolished. Therefore, although the national legislation appears to prohibit abductions and the exaction of forced labour, this remains an issue of concern in practice. In this regard, the Committee reminded the Government that, by virtue of Article 3(a) of the Convention, forced labour is considered as one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee expressed its deep concern over the situation of children under 18 years who continue to be abducted and subject to forced labour. It once again urges the Government to redouble its efforts to improve the situation and to take the necessary measures to eradicate abductions and the exaction of forced labour from children under 18 years. It also requests the Government to provide information on the effective and time-bound measures taken to remove children from situations of abduction and forced labour and to provide for their rehabilitation and social integration.

2. Forced recruitment of children for use in armed conflict. The Committee noted that, according to the Government’s Periodic Report to the Committee on the Rights of the Child of 6 December 2001 (CRC/C/65/Add.17, paragraph 39), the National Service Law of 1992 stipulates that any Sudanese person having attained 18 years of age and who is not older than 33 years of age may be subject to conscription. Section 10(4) of the People’s Armed Forces Act of 1986 states that all those who are capable of bearing arms are regarded as a reserve force and may be called upon to serve in the armed forces whenever the need arises. Subsection (5) of section 10 further states that, without prejudice to the provisions of subsection (4), the President of the Republic may require any person who is capable of bearing arms to undergo military training and thus be prepared as a member of a reserve force in accordance with the conditions specified by any law or decree in force. Furthermore, the government-run Popular Defence Forces established as a paramilitary force by the Popular Defence Forces Act of 1989, are allowed to recruit 16-year-olds.

The Committee noted that, according to the information available at the Office, the government armed forces, including the paramilitary Popular Defence Forces (PDF), the government-backed militias, the SPLA and other armed groups, including tribal groups not allied to government or armed opposition groups, have forcibly recruited child soldiers in the north and the south of Sudan. Recruitment took place predominantly in Western and Southern Upper Nile, Eastern Equatoria and the Nuba Mountains. An estimated 17,000 children remained in the government, SPLA and militia forces in 2004. In some cases, they were made to attack their own or neighbouring communities. The Committee also noted that in April 2003, the United Nations High Commissioner for Human Rights expressed concern at the continued recruitment and use of children in Sudan, in violation of international law. The Committee also noted that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, 2002, paragraphs 59 and 60) expressed deep concern that children are used as soldiers by the Government and opposition forces, and recommended the State party to end all recruitment and use of children as soldiers, in accordance with applicable international standards, complete demobilization and rehabilitate those children who are currently working as soldiers, and to comply with the Commission on Human Rights resolution 2001.

The Committee noted the Government’s information that section 9(24) of the Sixth Protocol of the Comprehensive Peace Agreement requires “the demobilization of all child soldiers in the span of six months as from the date on which the Comprehensive Peace Agreement is signed”. Section 9(1)(10) of the Protocol considers the conscription of children a violation of the provisions of the Agreement. If such a violation occurs, the joint military committee shall decide on the appropriate disciplinary measures to be taken which include: “declaring or announcing the parties which are involved in the conflict, exposing or denouncing the culprit, or deciding on imposing a harsh penalty if the culprit is involved in serious violations, recommending that the individual culprit or parties involved be referred to a tribunal be it civil, criminal or military, as the case may be”. The Committee also noted the Government’s information that a Committee was set up after the Peace Agreement which is specialized in disarmament, demobilization and reintegration. It formulated a draft policy framework for the demobilization and reintegration of children linked to the armed forces groups.

The Committee noted the adoption of the Comprehensive Peace Agreement in January 2005. However, it considers that the prohibition of forcibly recruiting children should not be confined to the scope of the said Agreement. Hence, the Committee observed that, according to the legislation in force, children under 18 years may be recruited as “reserve forces” as well as members of the Popular Defence Force (from 16 years of age). The Committee therefore once again requests the Government to take the necessary measures, as a matter of urgency, to prohibit in the national legislation the compulsory recruitment of children under 18 years including as “reserves”, in any military force, governmental or not, and to adopt appropriate penalties for contraventions of the prohibition. It also requests the Government to provide information on the time-bound measures taken to demobilize all child soldiers, including information on the number of children under 18 years who have been rehabilitated and reintegrated in their communities.

Article 7. Penalties. Forced labour. In it its previous comments under Convention No. 29, the Committee had noted that the CEAWC was of the opinion that legal action was the best measure to eradicate abductions, while the tribes, including the DCC, had requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes had failed.

The Committee noted the ITUC’s allegation that the impunity that those responsible for abductions and the exaction of forced labour have enjoyed – illustrated by the absence of any prosecutions for abductions in the last 16 years – has been responsible for the continuation of this practice throughout the civil war and more recently in Darfur. The Committee noted the Government’s reply of November 2005 according to which, the main reasons for which all the tribes concerned, including the DCC, have requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes are not successful, are that: legal action is very long and expensive; it may threaten the life of young abductees; and it will not build the peace among the tribes concerned.

The Committee noted that the Penal Code of 2003 contains various provisions which provide for sufficiently effective and dissuasive penalties of imprisonment and fines for anyone who commits the offence of forced labour. It also noted the Government’s information that section 67(d) of the Child Act of 2004, states that any person who violates section 32 prohibiting forced labour, shall be punished by imprisonment for a maximum period of 15 years and by a fine decided upon by the tribunal.

The Committee noted that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraph 62) recommended the State party to prosecute those persons engaged in the abduction, sale and purchase or illegal forced recruitment of children. The Committee considered that the lack of enforcement of the penal provisions prohibiting the forced labour of children under 18 years, while sometimes ensuring that victims are effectively retrieved, has the effect of ensuring impunity for perpetrators instead of punishing them. The Committee reminded the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee once again requests the Government to take the necessary measures to ensure that those engaged in the abduction and exaction of forced labour from children under 18 years are prosecuted and that sufficiently effective and dissuasive penalties are imposed on them. It also requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

The Committee is also addressing a direct request to the Government concerning other points.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes the Government’s first report. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes that section 313 of the Penal Code of 2003 penalizes the transfer of possession or control of any person to another for cash or kind for the purpose of confining that person or forcing that person to perform unlawful labour. Section 315 punishes anyone who transfers outside Sudan the possession or control of any person obtained within Sudan in the same manner as if such transfer had taken place within Sudan. Section 315A states that whoever procures, entices or leads away, even with his consent, any person for immoral purposes to be carried outside Sudan commits an offence.

Clause (b). Use, procuring or offering of children under 18 years for prostitution, for the production of pornography and for pornographic performances. The Committee notes the Government’s information that section 32 of the Child Act of 2004 specifies that the employment of children shall be prohibited, amongst others “in any sexual or pornographic exploitation”. It notes that section 310 of the Penal Code of 2003 states that any person who buys, sells, hires, lets to hire or otherwise obtains possession or disposes of any person with the intent that such person shall be employed or used for any unlawful or immoral purpose or knowing it to be likely that such person will be employed or used for any such purpose, shall be punished. It also notes that sections 234 and 235 of the Penal Code prohibit obscene or indecent acts in a public place, and the sale, distribution or exhibition of obscene writing, book, film or painting.

Clause (c). Use, procuring or offering of a child for illicit activities. Production and trafficking of drugs. The Committee notes that section 15(2)(c) of the Narcotic Drugs and Psychotropic Substances Act of 1994 specifically punishes any person who commits crimes related to trafficking in narcotic drugs and psychotropic substances – including the production, manufacture, import, export, sale, etc. – if these acts are committed in association with a minor. Furthermore, any person who uses a minor in the commission of the crime of providing narcotic drugs or psychotropic substances, or who provides narcotic drugs or psychotropic substances to students or distributes such drugs or substances in places of schooling, shall be punished (section 16(2)(c) and (d)). The Committee takes due note of this information.

Clause (d). Hazardous work. The Committee notes the Government’s information that subsection (1) of section 21 of the Labour Act of 1997 states that no “child” shall be employed in a list of eight types of hazardous work. Subsection (2) of section 21 provides that “children” shall not be employed in industries and dangerous works which are injurious to their health or those which require physical effort, or in works and jobs which are injurious to their morals. However, the Committee notes that the Labour Act defines a “child” as a person under 16 years of age. In this regard, the Committee reminds the Government that, by virtue of Article 3(d) of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age. Accordingly, in the framework of the reform of the Labour Act, the Committee urges the Government to take the necessary measures to amend the relevant provisions of the Labour Act in order to ensure that no person under 18 years of age is authorized to perform hazardous work, in accordance with Article 3(d) of the Convention.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s information that subsection (1) of section 21 states that the following types of hazardous work are prohibited to children under 16 years: (a) carrying heavy weights; (b) steam boilers and pressure receptacles; (c) blast furnaces and foundries; (d) work done under the ground or underwater and work in mines or quarries; (e) work in the composition of lead and its compounds; (f) work in which workers are exposed to poisonous or injurious materials whether organic or inorganic such as lead, mercury, cyanide, calcium, petroleum and its compounds; (g) radiation work and ionizing radiation; (h) maintenance of machinery and belts thereof. It also notes that subsection (2) of section 21 states that the Minister or any other person delegated by the Minister shall specify certain works and jobs which are injurious to the health and morals of children. The Committee also notes that, according to the Government, a tripartite committee was set up in order to prepare a list of hazardous and prohibited tasks in which the employment of children is prohibited. The Committee takes note of the comprehensive draft list, in the process of being approved, supplied by the Government. This list contains about 55 occupations or industries prohibited for children under 18 and 17 years, including the lifting or pulling weights; construction work; and underground work in mines and quarries. The Committee requests the Government to provide a copy of this list, as soon as it has been approved.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s information that the Ministry of Labour has set up a tripartite committee which includes experts, specialists and members of organizations working in the field of childhood which elaborated a list of the worst forms of child labour and the places where such work is undertaken. This list is not yet approved. The Committee requests the Government to supply a copy of this list once it has been approved.

Article 5. Monitoring mechanisms. Labour Inspectorate and Unit on Women and Children within the Ministry of Labour. The Committee notes that, according to section 69(1) of the Labour Act, a competent labour officer or any person with the approval of the competent authority, may enter a workplace during working hours and he/she may ask the employer to give any information for the implementation of the provisions of this Act. Furthermore, section 87(1) of the Labour Act provides for the appointment of an industrial safety inspector who, according to section 88(1), has the power to enter the factory premises during working hours, at any time to inspect, inquire into accidents, examine the equipment and materials, take samples and to verify particulars. The Committee notes the Government’s statement that one of the difficulties encountered in the application of the Convention consists in the weakness of the labour inspectorate, including the inspection of child labour, mainly due to the lack of computers and vehicles used in inspections and the necessary funds to undertake research, studies and statistics. The Committee also notes the Government’s information that a special unit on women and children was set up within the Ministry of Labour and that efforts are being deployed to establish similar units in the provinces whilst seeking to strengthen the labour inspectorate responsible for child labour. For this purpose, the Government envisages the necessity of training working officials and setting up a special inspection unit on child labour in the various provinces of Sudan. The Committee encourages the Government to provide information on the measures taken to strengthen the role of the labour inspectorate. It also requests the Government to provide information on the functioning and activities of the special unit on women and children set up within the Ministry of Labour.

Article 6. Programmes of action. The Committee notes the Government’s information that a tripartite committee was set up in addition to other occupational groups to formulate programmes of action aimed at the eradication of the worst forms of child labour, wherever they are found. The programmes of action have not yet been elaborated. The Committee requests the Government to keep it informed on any developments towards the adoption of programmes of action aimed at the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that the Penal Code provides for sufficiently effective and dissuasive penalties of imprisonment for the offences of sale and trafficking (section 315 and 351A) and for disposing of a person for immoral purposes (section 313). It notes the Government’s information that section 67(d) of the Child Act of 2004, states that any person who violates section 32 (prohibition of forced labour, sexual or pornographic exploitation, illegal trade or exploitation, or use in armed conflict) shall be punished by imprisonment for a maximum period of 15 years and by a fine decided upon by the tribunal. It also notes that section 126(2) of the Labour Act makes any contravention of the provisions of the Act and its regulations an offence punishable with imprisonment for a term not exceeding six months or a fine, or both. In case of repetition of the contravention the fine may be doubled.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s information that article 44(2) of the Constitution of 2005 of the Transitional Sudan Republic specifies that education at the primary level is compulsory and is provided free of charge. It also notes the Government’s information that a special unit for girl’s education was set up at the Ministry of Education which is responsible for the enrolment of girls who are of school age. This is a national strategy which seeks to stop school drop-outs, and to eliminate the gap in the  education of girls as compared to boys by 2015. The Committee observes that, according to the information contained in the Government’s periodic report to the Committee on the Rights of the Child of 6 December 2001 (CRC/C/65/Add.17, paragraphs 245 and 246), the developments made in the field of education include the attention devoted to non-formal education as a way of making education accessible to children of different ages who are not in school or who dropped out of the early stages of basic education, with particular emphasis on girls. Special education programmes for youngsters between 9 and 14 years run in parallel with formal basic education. Moreover, educational programmes, including the opening of new schools, have been developed in order to assist: (a) children displaced by drought and war; (b) nomad children (by 1997, 259 mobile schools have been opened in cooperation with UNICEF); (c) refugee children. The Committee welcomes the educational measures adopted by the Government. Nevertheless, it notes that in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraphs 53-56) the Committee on the Rights of the Child expresses its concern at the very low level of public spending on education and at the very high drop-out rates especially in primary education. It also expressed its concern at the fact that the availability, accessibility and quality of education in the southern part of the country is much worse than in the rest of the country. It recommended the state party to urgently implement measures to raise the number of children enrolling in education; implement measures to improve children’s access to schools through, inter alia, the provision of transport to schools over a certain distance away or the establishment of additional schools closer to children; give particular attention to increasing the number of girls enrolling in and completing education. The Committee considers that education plays an important role in preventing children from engaging in the worst forms of child labour. It encourages the Government to strengthen its efforts to improve the access of children to free basic education, in particular children living in disadvantaged areas, especially in the southern part of the country. It also requests the Government to continue providing information on the educational measures adopted to improve the access to free basic education of: girls, children displaced by war; nomadic children and refugee children; and results achieved. It finally asks the Government to supply data on the enrolment and drop-out rates in school.

Clause (d). Identifying and reaching out to children at special risk. Disadvantaged children: refugees; internally displaced; children living on the street. The Committee notes that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraphs 57, 58 and 67), expressed its concern at the large number of Sudanese children who continue to live as refugees in neighbouring countries and at the situation of internally displaced children. The Committee also expressed concern at the large numbers of children living on the street in urban areas who are vulnerable to sexual abuse, violence, exploitation and the abuse of various substances and that they lack access to education. The Committee requests the Government to provide information on the effective and time-bound measures taken or envisaged to protect child refugees, internally displaced children and children living on the street from the worst forms of child labour.

Article 8. International cooperation. The Committee notes the Government’s statement that, under the aegis of cooperation between the Governments of Egypt and Sudan, visits to the Egyptian Ministry of Labour were made to learn from the Egyptian experience in the field of combating child labour in general, and the elimination of its worst forms in particular, in view of Egypt’s pioneering experience in the field.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes the Government’s information that it lacks official documents, such as labour inspection reports and studies because of the weakness of the labour inspectorate. It requests the Government to provide information on the practical difficulties encountered in the application of the Convention and to continue reporting on the developments regarding these and other aspects, including a general appreciation of the manner in which the Convention is applied in Sudan. It finally requests the Government to provide information, as soon as it becomes available, 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 and penal sanctions applied.

CMNT_TITLE

The Committee notes the Government’s first report. It also notes the communication of 7 September 2005 received from the International Confederation of Free Trade Unions (ICFTU) under Convention No. 29 and the Government’s reply thereto dated November 2005. Finally, it takes note of the detailed discussion which took place at the Conference Committee on the Application of Standards of the 93rd Session of the International Labour Conference in June 2005. Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), in so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include “all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom or compulsory labour”, the Committee is of the view that the issue of the forced labour of children can be examined more specifically under this Convention. The Committee requests the Government to supply further information on the following points.

Article 3. Worst forms of child labour. Clause (a). Slavery and practices similar to slavery. Abduction and the exaction of forced labour. In its previous comments under Convention No. 29, the Committee had noted the ICFTU’s allegation that the report on the situation in Darfur issued by Amnesty International in July 2004 indicates cases of abduction of women and children by the Janjaweed militia, including some cases of sexual slavery. Abductions had continued in 2003 and 2004. The ICFTU also indicated that, according to the Dinka Chiefs Committee (DCC) and the Committee for the Eradication of Abduction of Women and Children (CEAWC), there were some 14,000 people who had been abducted. The Committee had also noted the Government’s information that, during the period from March to May 2004, the CEAWC was able to retrieve, with the Government’s funding, more than 1,000 abductees who rejoined their families, including those in the areas controlled by the Sudan People’s Liberation Army (SPLA).

The Committee notes the Government’s information during the Conference Committee discussion of June 2005 according to which the CEAWC has dealt with 11,000 of the 14,000 cases of abduction and about 7,500 persons have been retrieved in 2004-05 compared with 3,500 from 1999 to 2004.

The Committee also notes the information contained in the ICFTU’s communication of 7 September 2005 that the signing of a comprehensive Peace Agreement in January 2005, the inauguration of a new Government on 9 July 2005 and the adoption of the interim Constitution provide an historic opportunity for the new Government of Sudan to resolve the problem of abductions, but it will not automatically lead to an end of abductions and the exaction of forced labour. With regard to the Government’s statement during the Conference Committee of 2005 that “the case was closed and there were no more abductions”, the ICFTU alleges that it has been informed about abductions leading to forced labour and repeated rape amounting to sexual slavery and forced prostitution. The Committee also takes note of the Government’s reply of November 2005, according to which 108 abducted children have been retrieved by the CEAWC.

The Committee notes that article 30(1) of the Constitution of the Transitional Sudan Republic of 2005 prohibits slavery, the slave trade in all its forms and forced labour (unless sanctioned by the tribunal). It notes the Government’s information that section 32 of the Act on the Child of 2004 specifically prohibits “the employment of children in forced labour, sexual or pornographic exploitation, illegal trade, or armed conflict”. The Committee also notes that various provisions of the Penal Code prohibit forced labour (section 311), including abductions for that purpose (section 312).

The Committee notes the convergence of allegations and the broad consensus among the United Nations bodies, the representative organizations of workers and non-governmental organizations concerning the continuing existence and scope of the practices of abduction and the exaction of forced labour from children. The Committee observes that, while there have been positive and tangible steps to combat the forced labour of children, which include the conclusion of the Comprehensive Peace Agreement of 2005 and the results achieved by the CEAWC, there is no verifiable evidence that the forced labour of children has been abolished. Therefore, although the national legislation appears to prohibit abductions and the exaction of forced labour, this remains an issue of concern in practice. In this regard, the Committee reminds the Government that, by virtue of Article 3(a) of the Convention, forced labour is considered as one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee expresses its deep concern over the situation of children under 18 years who continue to be abducted and subject to forced labour. It urges the Government to redouble its efforts to improve the situation and to take the necessary measures to eradicate abductions and the exaction of forced labour from children under 18 years. It also requests the Government to provide information on the effective and time-bound measures taken to remove children from situations of abduction and forced labour and to provide for their rehabilitation and social integration.

2. Forced recruitment of children for use in armed conflict. The Committee notes that, according to the Government’s Periodic Report to the Committee on the Rights of the Child of 6 December 2001 (CRC/C/65/Add.17, paragraph 39), the National Service Law of 1992 stipulates that any Sudanese person having attained 18 years of age and who is not older than 33 years of age may be subject to conscription. Section 10(4) of the People’s Armed Forces Act of 1986 states that all those who are capable of bearing arms are regarded as a reserve force and may be called upon to serve in the armed forces whenever the need arises. Subsection (5) of section 10 further states that, without prejudice to the provisions of subsection (4), the President of the Republic may require any person who is capable of bearing arms to undergo military training and thus be prepared as a member of a reserve force in accordance with the conditions specified by any law or decree in force. Furthermore, the government-run Popular Defence Forces established as a paramilitary force by the Popular Defence Forces Act of 1989, are allowed to recruit 16 year olds.

The Committee notes that, according to the information available at the Office, the government armed forces, including the paramilitary Popular Defence Forces (PDF), the government-backed militias, the SPLA and other armed groups, including tribal groups not allied to government or armed opposition groups, have forcibly recruited child soldiers in the north and the south of Sudan. Recruitment took place predominantly in Western and Southern Upper Nile, Eastern Equatoria and the Nuba Mountains. An estimated 17,000 children remained in the government, SPLA and militia forces in 2004. In some cases, they were made to attack their own or neighbouring communities. The Committee also notes that in April 2003, the United Nations High Commissioner for Human Rights expressed concern at the continued recruitment and use of children in Sudan, in violation of international law. The Committee also notes that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, 2002, paragraphs 59 and 60) expressed deep concern that children are used as soldiers by the Government and opposition forces, and recommended the State party to end all recruitment and use of children as soldiers, in accordance with applicable international standards, complete demobilization and rehabilitate those children who are currently working as soldiers, and to comply with the Commission on Human Rights resolution 2001.

The Committee notes the Government’s information that section 9(24) of the Sixth Protocol of the Comprehensive Peace Agreement requires “the demobilization of all child soldiers in the span of six months as from the date on which the Comprehensive Peace Agreement is signed”. Section 9(1)(10) of the Protocol considers the conscription of children a violation of the provisions of the Agreement. If such a violation occurs, the joint military committee shall decide on the appropriate disciplinary measures to be taken which include: “declaring or announcing the parties which are involved in the conflict, exposing or denouncing the culprit, or deciding on imposing a harsh penalty if the culprit is involved in serious violations, recommending that the individual culprit or parties involved be referred to a tribunal be it civil, criminal or military, as the case may be”. The Committee also notes the Government’s information that a Committee was set up after the Peace Agreement which is specialized in disarmament, demobilization and reintegration. It formulated a draft policy framework for the demobilization and reintegration of children linked to the armed forces groups.

The Committee notes the adoption of the Comprehensive Peace Agreement in January 2005. However, it considers that the prohibition of forcibly recruiting children should not be confined to the scope of the said Agreement. Hence, the Committee observes that, according to the legislation in force, children under 18 years may be recruited as “reserve forces” as well as members of the Popular Defence Force (from 16 years of age). The Committee therefore requests the Government to take the necessary measures, as a matter of urgency, to prohibit in the national legislation the compulsory recruitment of children under 18 years including as “reserves”, in any military force, governmental or not, and to adopt appropriate penalties for contraventions of the prohibition. It also requests the Government to provide information on the time-bound measures taken to demobilize all child soldiers, including information on the number of children under 18 years who have been rehabilitated and reintegrated in their communities.

Article 7. Penalties. Forced labour. In it its previous comments under Convention No. 29, the Committee had noted that the CEAWC was of the opinion that legal action was the best measure to eradicate abductions, while the tribes, including the DCC, had requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes had failed.

The Committee notes the ICFTU’s allegation that the impunity that those responsible for abductions and the exaction of forced labour have enjoyed – illustrated by the absence of any prosecutions for abductions in the last 16 years – has been responsible for the continuation of this practice throughout the civil war and more recently in Darfur. The Committee notes the Government’s reply of November 2005 according to which, the main reasons for which all the tribes concerned, including the DCC, have requested the CEAWC not to resort to legal action unless the amicable efforts of the tribes are not successful, are that: legal action is very long and expensive; it may threaten the life of young abductees; and it will not build the peace among the tribes concerned.

The Committee notes that the Penal Code of 2003 contains various provisions which provide for sufficiently effective and dissuasive penalties of imprisonment and fines for anyone who commits the offence of forced labour. It also notes the Government’s information that section 67(d) of the Child Act of 2004, states that any person who violates section 32 prohibiting forced labour, shall be punished by imprisonment for a maximum period of 15 years and by a fine decided upon by the tribunal.

The Committee notes that the Committee on the Rights of the Child, in its Concluding Observations of 9 October 2002 (CRC/C/15/Add.190, paragraph 62) recommended the State party to prosecute those persons engaged in the abduction, sale and purchase or illegal forced recruitment of children. The Committee considers that the lack of enforcement of the penal provisions prohibiting the forced labour of children under 18 years, while sometimes ensuring that victims are effectively retrieved, has the effect of ensuring impunity for perpetrators instead of punishing them. The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee requests the Government to take the necessary measures to ensure that those engaged in the abduction and exaction of forced labour from children under 18 years are prosecuted and that sufficiently effective and dissuasive penalties are imposed on them. It also requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

The Committee is also addressing a direct request to the Government concerning other points.