Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes the information supplied by the Government in reply to its previous observation.

1. The Committee had noted that the 1985 Constitution, article 17 of which provided for equality of opportunity in employment without discrimination on the basis of origin, race, colour, sex, religion or political opinion, had been suspended and that there was no legislative provision in force prohibiting discrimination on the grounds covered by the Convention. The Committee notes with interest that in the framework of the revision of the labour legislation, a provision giving express effect to the Convention will be included in the legislation. It hopes that the Government will be able, in its next report, to indicate the progress made in this connection and that it will supply a copy of any legislation adopted to implement the provisions of the Convention.

2. The Committee notes that section 6(c)(6) of Constitutional Decree No. 2 of 30 June 1989, which declared a state of emergency throughout the Sudan and dissolved all political parties and trade unions, provides that measures may be taken to terminate the service of any public employee and every contract with a public office, while preserving the rights to service benefits or compensation.

The Committee recalls that under Article 4 of the Convention measures intended to safeguard the security of the State must be sufficiently well defined and delimited to ensure that they do not become discrimination based on any of the grounds precribed in the Convention. As stated in paragraph 136 of the Committee's 1988 General Survey on Equality in Employment and Occupation, the application of such measures must be examined in the light of the bearing which the activities concerned may have on the actual performance of the job, tasks or occupation of the person concerned. Otherwise, there is a danger, and even likelihood, that such measures entail distinctions and exclusions based on political opinion or religion, which would be contrary to the Convention.

In view of the very general wording of section 6(c)(6) of Constitutional Decree No. 2, the Committee requests the Government to supply full information in its next report on the practical application of this provision and, in particular, on the number of persons whose service was terminated, the functions occupied by them, the reasons for their termination and the right of appeal available to them.

3. Regarding measures taken to eliminate discrimination and to promote equality of opportunity and treatment in employment, particularly in respect of employment under the direct control of a national authority, the Committee notes the Government's statement that it intends to set up selection committees for the public service in all the regions of Sudan and that access to the public service is open to all Sudanese without discrimination whatsoever apart from the requirements of competence and qualifications.

The Committee would appreciate receiving information on the measures taken by the selection committees to promote equality of opportunity and treatment in the public service, as well as statistical data on the number of persons employed in the public service, by occupations and levels of responsibilities, disaggregated by sex, and, if available, national extraction and religion.

The Committee also requests the Government to indicate the measures taken to ensure the implementation in the private sector of a policy of non-discrimination and of promotion of equality in employment irrespective in particular of sex, race, colour, religion and national extraction. It would appreciate receiving the statistical data requested above on employment in the private sector.

[The Government is asked to report in detail for the period ending 30 June 1993.]