Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Soudan (Ratification: 2003)

Autre commentaire sur C182

Observation

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. The Committee previously requested the Government to take the necessary measures to ensure that provisions fixing the minimum age for hazardous work at 18 years were adopted.

In this regard, the Committee notes that the Child Act of 2010 was adopted in February 2010. It notes that section 37 of the Child Act of 2010 prohibits the employment of children in hazardous work and industries which, by the nature or the circumstances in which it is carried out, is likely to jeopardise their health, safety or morals. The Committee further notes that section 1(4) of the Child Act of 2010 defines a child as a person under 18 years of age, and that section 1(3) states that the provisions of the Child Act shall have precedence over any contradictory provisions in other legislation.

Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s indication 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 noted that the draft list, which contains about 55 occupations or industries prohibited for children, was in the process of being approved. The Government indicated that this list would be approved by the competent authorities and shall be annexed to the draft Labour Act, once it was adopted. The Committee requested the Government to take measures to ensure that the draft list of types of hazardous work was adopted.

The Committee notes that section 37 of the Child Act of 2010 specifies that the Minister of Labour or his delegate may determine the types of work or industries which constitute hazardous work. In this regard, the Government indicates that a list of hazardous types of work prohibited for persons under 18 years of age was prepared, and discussed at length with the social partners. The Government once again indicates that this list will be authorized by virtue of the draft Labour Code, once adopted. Observing that a list of types of hazardous work was first developed in 2006, the Committee urges the Government to take immediate measures to ensure the adoption of the draft Labour Code and the adoption of the list of types of hazardous work prohibited to persons under 18 years of age, as a matter of urgency. It requests the Government to provide a copy of this list, once adopted.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted the Government’s statement that one of the difficulties encountered in the application of the Convention was 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 and studies. However, the Committee noted the Government’s indication that efforts were ongoing to provide the labour inspectorate with the required logistical support. It requested the Government to pursue its efforts, and to provide information on the results achieved in this regard.

The Committee notes the Government’s statement that a public department for inspection and labour regulations was established at the Ministry of Labour to support and strengthen inspection services, and that one of the tasks of this department is to monitor child labour. The Committee also notes that section 54 of the Child Act of 2010 specifies that a police unit to protect children and the family will be established, with the mandate to undertake investigations on infringements and crimes against children. This unit shall also take measures to prevent and protect children from all infringements, as well as refer detected infringements to the prosecutors responsible for children. In this regard, the Government indicates that specific units were set up inside the provincial police to strengthen the existing structures for children who are awaiting appeals and to provide special services to children who are victims of mistreatment. Such units shall be staffed by social researchers, public prosecutors, legal and judicial staff, as well as specialists in health psychological and social rehabilitation. The Committee requests the Government to provide information on the results achieved through the establishment of police units to protect children and families, with regard to combating the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted the Government’s indication that a tripartite committee was set up to formulate programmes of action aimed at the eradication of the worst forms of child labour. The Committee requested information on the programmes of action adopted.

The Committee notes the Government’s statement that two workshops were held at the Ministry of Education on the subject of reducing child labour, within the framework of a project aimed at the reduction of child labour and reintegrating child labourers into education. The Government also indicates that events were held on the International Day on Child Labour, with a focus on hazardous child labour and the importance of education. The Government further indicates that a symposium on the role of trade unions in the elimination of child labour was held. In addition, the Committee notes the information from ILO–IPEC that Sudan is one of 11 countries (across Africa, the Caribbean and the Pacific) participating in the ILO–IPEC project entitled “Tackling child labour through education” (TACKLE) project. The Committee requests the Government to continue to provide information on programmatic measures undertaken to combat the worst forms of child labour, including through the ILO–IPEC TACKLE project.

Article 7(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 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. However, it had noted that according to the 2008 UNESCO Global Monitoring Report – Education for All, Sudan still faced massive challenges in retaining students through a complete primary school cycle and thus urgently needed to adopt strategies to expand access to out of school children and improve quality standards to retain them once they are enrolled.

The Committee notes that section 28(2) of the Child Act of 2010 states that the Government shall provide for free basic primary education. Moreover, section 28 (3) of the Child Act of 2010 states that the Government shall endeavour to provide free education at the secondary level for orphans, persons with disabilities, poor people and persons with unknown parents. The Committee also notes the information in the Government’s report submitted under the Minimum Age Convention, 1973 (No. 138), that the Ministry of Social Welfare has prepared a project on ensuring the right of a child to education, in order to examine the significant problem of school drop-outs in the country. However, the Committee notes the information from UNICEF in the compilation prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of the Human Rights Council of 24 February 2011 that in practice, many children cannot access school due to school fees (A/HRC/WG.6/11/SDN/2, paragraph 48). 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 facilitate access to free basic education in the country. In this regard, it requests the Government to provide information on the impact achieved through the provision of free basic education, particularly with regard to increasing school enrolment rates and decreasing school drop-out 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 previously noted that, according to the reply of the Government to the list of issues of the Committee on the Rights of the Child (CRC) raised in connection with 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. The Government indicated that 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 (UAE) (CRC/C/OPSC/SDN/Q/1/Add.1, pages 23–27). The Committee also noted that, according to information from UNICEF, an agreement was 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 noted, however, the concern expressed by the CRC, in its concluding observations of 21 June 2007, that there continued to be cases where children, especially those belonging to particular tribes, are trafficked to the Middle East to be used as camel jockeys (CRC/C/15/Add.190, paragraph 33). Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the results achieved through the programme to repatriate and rehabilitate former child victims of trafficking for the purpose of camel racing.

Clause (d). Identifying and reaching out to children at special risk. Disadvantaged children: refugees, internally displaced children and street children. The Committee previously noted that, the CRC 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, noted that the conflict situation in Sudan, combined with extreme poverty, drought and famine, had 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 CRC expressed concern at reports that these children may resort to prostitution as a means for survival in exchange for food, money or basic goods.

The Committee notes that the CRC, in its concluding observations of 10 October 2010, expressed concern at the high numbers of children in street situations in major cities, including Khartoum, who are vulnerable to sexual abuse and various forms of exploitation (CRC/C/SDN/CO/3-4, paragraph 80). The CRC also noted with concern that refugee and asylum seeking children in the Sudan are especially vulnerable to, inter alia, exploitation and trafficking (CRC/C/SDN/CO/3-4, paragraph 70). The Committee, therefore, urges the Government to take effective and time-bound measures to protect these vulnerable children from the worst forms of child labour and to provide information on the results achieved in this regard.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that the CRC, in its concluding observations of 21 June 2007, expressed regret regarding insufficient information on the extent and prevalence of sale, trafficking, child prostitution and child pornography in the country and that there was no centralized system of data collection on child protection issues (CRC/C/OPSC/SDN/CO/1, paragraph 7).

The Committee notes the information in the Government’s report that the Ministry of Labour is currently undertaking an experimental survey to classify children and their work, as well as to determine the number of working children. The Committee encourages the Government to pursue it efforts in this regard, and expresses the hope that this survey will include information on the worst forms of child labour, including the sale and trafficking of children for labour or commercial sexual exploitation, child prostitution and hazardous work. It requests the Government to provide any up-to-date statistical information on these worst forms of child labour, when available. To the extent possible, all information provided should be disaggregated by sex and age.