Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Sudán (Ratificación : 1970)

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The Committee notes that, since the receipt of the Government report in 2022, an armed conflict erupted in the country in 2023 between the Sudanese Armed forces and the Rapid Support Forces. This conflict is still ongoing. The Committee acknowledges the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country; nevertheless, the Committee trusts that the Government will make all efforts to bring its law and practice into conformity with the Convention.

Representation made pursuant to article 24 of the ILO Constitution. The Committee notes that there are currently two representations against the Government submitted by the Sudan Workers Trade Union Federation (SWTUF) and by the Sudanese Independent Trade Union Organizations (SITUOs) and that both were declared receivable by the Governing Body, at its 342nd (June 2021) and 345th (June 2022) Sessions. Both representations are alleging non-observance of the Convention by the Government of Sudan and in particular discrimination based on political opinion. These representations will be examined in the near future by the Governing Body.

Article 1(1)(a). Prohibited grounds of discrimination. The Committee notes the Government’s indication in its report that the Labour Code has been reviewed and submitted to the Council of Ministers in preparation for its approval by the joint committee. The Committee expresses the firm hope that the Government will make every effort to ensure that the draft Labour Code, when adopted, will include: (i) a definition of discrimination; and (ii) a definition and prohibition of direct and indirect discrimination based as a minimum on all the grounds set out in the Convention (race, colour, sex, religion, political opinion, national extraction or social origin), in respect to all aspects of employment, including vocational training, access to employment and to particular occupations, and terms and conditions of employment. Please provide information on any progress made in this regard.

Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s indication that a section defining and prohibiting sexual harassment in the world of work has been added to the draft Labour Code and submitted to the Council of Ministers for approval. It also notes the Government’s indication that there are no judicial precedents in the courts. The Committee wishes to point out that the absence or a low number of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist. Rather, it is likely to reflect the lack of an appropriate legal framework; the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations; as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress; or fear of reprisals (see the 2012 General Survey on the Fundamental Conventions, 2012, paragraph 790). The Committee therefore expresses the firm hope that the Government will make every effort to ensure that the draft Labour Code, when adopted, will contain provisions: (i) defining and prohibiting both quid pro quo and hostile environment sexual harassment, and (ii) establishing remedies and sanctions. Meanwhile, the Committee asks the Government to also provide information on the application by the courts of section 53(f) of the Labour Code of 1997 regarding instances of “offences against morals in the working place”, as well as any practical measures taken to prevent and address sexual harassment, including in cooperation with the social partners.

Articles 2 and 3. National policy on equality of opportunity and treatment and measures to implement the policy. The Committee once again asks the Government to take concrete steps to adopt a national policy to promote equality of opportunity and treatment with a view to eliminating discrimination on all the grounds set out in the Convention, and to provide specific information in this regard. The Committee also asks that the Government provide information on the steps taken for the active promotion of equality of opportunity and treatment in vocational training and employment for those categories of workers who are most vulnerable due to their ethnic origin or social status.

Equality between men and women. The Committee notes the statistical information provided by the Government but observes that the information submitted does not permit a comprehensive assessment of the distribution of men and women in the various economic sectors. The Committee emphasizes that the collection of accurate and detailed data is essential to implement the Convention as it enables the evaluation of the effectiveness of the measures adopted and, at the same time, the development of future policy measures considering evidence-based information. For this purpose, data collection methodologies need to be developed and strengthened to gather relevant statistical information disaggregated by sex and other personal characteristics, occupations, and sectors of the economy. The Committee hopes that the Government will make every effort to collect and supply comprehensive data on the employment and occupation of men and women in the various economic sectors and in the labour market in general. It asks the Government to provide any available information on the respective participation of men and women in education, training, employment, and occupation, if possible disaggregated by sectors of activity and levels of responsibility, in the public sector.

Equal opportunity. Public service. The Committee once again asks the Government to identify the measures taken by the National Selection Commissioner to disseminate and promote equality of opportunity between men and women in employment and occupation, in the public service and in occupations where men have traditionally been predominant. The Committee also asks the Government to provide up-to-date statistical information disaggregated by sex and ethnicity on participation rates in all levels of the civil service.

Enforcement. The Committee notes the Government’s indication that a National Human Rights Mechanism was established in 2021 under the supervision of the National Commission on Human Rights (NCHR). The Mechanism’s objectives include, among other things, the preparation of periodic reports to be submitted to international human rights treaty bodies. The Committee notes however that the Government does not provide any information on the activities of the NCHR regarding discrimination in employment and occupation. The Committee once again asks the Government to communicate information on: (i) any steps taken to strengthen the capacity of labour inspectors to enforce the anti-discrimination provisions of the Labour Code; (ii) the activities of the NCHR in terms of promoting equality of opportunity and treatment in particular on non-discrimination based on all the grounds set out in the Convention; and (iii) the functioning of the complaint procedure established under the NCHR, including details on complaints related to cases of discrimination in employment and occupation handled by the NCHR.