Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Article 1(a) and (d) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views and for having participated in strikes. For a number of years, the Committee has been referring to certain provisions of the Penal Code and the Labour Code, under which penalties of imprisonment (involving an obligation to work under the Prison Regulations, Chapter IX, section 94, and the 1997 Regulations concerning the organization of work in prisons, Chapter XIII, section 38(6)) may be imposed in circumstances falling within the scope of the Convention.

The Committee has noted the adoption in 2005 of the Interim National Constitution, which contains the Bill of Rights promoting human rights and fundamental freedoms. It has noted that the declaration of emergency was lifted in July 2005 as a result of signing of the Comprehensive Peace Agreement. The Committee has also noted the Government’s indication in its report that a draft labour law has been finalized and prepared for submission to the competent authorities for adoption. The Committee asks the Government to supply a copy of the new law, as soon as it is adopted. It also asks the Government once again to supply copies of the legislation in force concerning freedom of association, assembly, and expression of political opinion.

The Committee takes note of the situation regarding human rights in Sudan as described in Decision 2/115 of the UN Human Rights Council concerning Darfur, of 28 November 2006, in the report on the situation of human rights in Darfur prepared by the group of experts mandated by the Human Rights Council resolution 4/8 presided by the Special Rapporteur on the situation of human rights in Sudan (A/HRC/5/6, of 8 June 2007) and in the statement issued by the Special Rapporteur on the situation of human rights in Sudan, of 6 August 2007. In its Decision 2/115 referred to above, the UN Human Rights Council noted with concern the seriousness of the human rights and humanitarian situation in Darfur and called on all parties to put an immediate end to the ongoing violations of human rights and international humanitarian law. In her statement referred to above, the Special Rapporteur pointed out that, despite the potential for democratic transition and optimism created by the Interim National Constitution and the Bill of Rights, violations of civil and political rights continue, including limitations on freedom of expression. She welcomed the Government’s acknowledgement of the seriousness of the situation and strongly encouraged it to take action without delay to improve it, so that people can fully enjoy their human rights and fundamental freedoms. 

As the Committee repeatedly pointed out, it observes the importance for the effective respect of the Convention of the legal guarantees regarding freedom of assembly, expression, demonstration and association, and the direct effect which restriction of these rights, both in law and in practice, can have on the application of the Convention.

The Committee previously noted the Government’s indication in its report that, according to the Prison Regulations of 1999, there is no compulsory labour in prisons and work is optional for prisoners. It requests the Government once again to supply a copy of the 1999 Prison Regulations with its next report, so as to enable the Committee to ascertain whether national legislation is compatible with the Convention.

The Committee is addressing a more detailed request on the above matters directly to the Government.