Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report.

Article 1(a) and (d) of the Convention. In its previous comments, the Committee noted that a state of emergency had been proclaimed in 1989 which extended the previous state of emergency and that the provisional Constitution of 1985 had been suspended. The Committee notes that political parties remain prohibited and that associations, such as the Sudan Bar Association have been dissolved. A new Constitution is reported to be under examination, but has not yet been enacted. The Committee previously noted that offences against the regulations to give effect to the state of emergency of 1989 are subject, inter alia, to imprisonment (involving an obligation to work under the terms of the Prison Regulations, Chapter IX).

The Committee expressed the hope that the Government would take the necessary measures to ensure that penalties involving compulsory labour could not be imposed as a means of political coercion or education or as a punishnent for holding or expressing political views or views ideologically opposed to the political, social or economic system, with particular reference to the expression of views by the press, political activities and the right of association and assembly.

The Committee also noted previously that Constitutional Decree No. 2 of 1989 imposed a prohibition on any strike, save by special permission and that under the Industrial Relations Act of 1976, participation in strikes is punishable with imprisonment (involving compulsory labour), whenever the Ministry of Labour has decided to submit a dispute to compulsory arbitration; under section 17 of the Act, the Minister may, whenever he deems it necessary, refer the dispute to an arbitration tribunal whose award was final and without appeal.

The Committee has pointed out that the suspension of the right to strike enforced by sanctions involving compulsory labour is compatible with the Convention only in so far as it is necessary to cope with cases of force majeure in the strict sense of the term, namely when the existence of the population is endangered, provided that the duration of the prohibition is limited to the period of immediate necessity. The Committee also recalled that a system of compulsory arbitration, enforceable by penalties involving compulsory labour, must be limited to essential services in the strict sense of the term to be compatible with Article 1(d) of the Convention.

The Committee notes the Government's statement in its latest report that the Prison Regulations of 1976 abolished forced labour and that sentences involving imprisonment do not include forced or compulsory labour.

The Committee requests the Government to supply a copy of the Prison Regulations which are currently in force.