Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Sudan

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1970)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1970)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Sudanese Professionals and Syndicates Coordination (SPSC), received on 17 April 2025.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution). The Committee notes that, at its 352nd Session (October–November 2024) the ILO Governing Body approved the report of the tripartite committee set up to examine the two representations submitted by the Sudan Workers Trade Union Federation (SWTUF) and the Sudanese Independent Trade Union Organizations (SITUOs) under article 24 of the ILO Constitution (GB.352/INS/19/6) alleging discrimination on the ground of political opinion. The tripartite committee issued conclusions and made recommendations in relation to: (1) the dismissal of 136 employees of the Ministry of Foreign Affairs under two ministerial decisions issued pursuant to section 8 of Act No. 10 of 29 November 2019 on Dismantling the Former Regime (Amendment 2020), allegedly on grounds of presumed political opinion; and (2) the dismissal, arrest, and replacement of numerous civilian officials following the October 2021 coup, similarly on grounds of presumed political opinion. The tripartite committee found that multiple public officials had been dismissed without clear justification or due process, on the basis of having been appointed under, or presumed affiliated with, previous authorities. It was also found that, despite certain legal provisions for appeal, affected workers had not been afforded the opportunity to challenge their dismissals effectively, as appeals mechanisms appeared to have been non-functional or severely delayed.

The tripartite committee observed further that, on 23 January 2022, the Supreme Court ordered the reinstatement of 104 officials dismissed from the Ministry of Foreign Affairs by virtue of Decision No. 29 of February 2020, finding that the decision violated the law in terms of jurisdiction, form, non-causation, and error in application. However, the status of the remaining 32 officials dismissed by the Empowerment Elimination Committee under Decision No. 426 of 10 December 2020 remains unclear. The tripartite committee urged the Government to take all necessary measures to ensure their reinstatement and expressed hope that the 32 outstanding cases would be resolved in the same manner. It further requested the Government to indicate whether Act No. 10 of 29 November 2019 on Dismantling the Former Regime (Amendment 2020) was still in force.

Regarding the second representation, the tripartite committee regretted the authorities’ silence regarding the allegations made by SITUOs, which concern dismissals and arrests following the 25 October 2021 coup. In light of the seriousness of these allegations, the tripartite committee considered that, based on the information available, discrimination on political grounds in employment was established. It recommended that, when political stability allows, the Government should review these dismissals, considering the legal reasoning outlined by the Supreme Court in its decision relating to the SWTUF representation. The tripartite committee also requested that the authorities ensure the security and safety of SITUOs representatives.

The Committee notes that the Government report was received after the 352nd Session (28 October–7 November 2024) of the Governing Body and therefore did not address the conclusions and recommendations of the tripartite committee.

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. The Committee urges the Government to take all necessary measures to implement the recommendations of the tripartite committee approved by the Governing Body when political stability allows, and to report on progress made in this regard.

Article 1(1)(a). Prohibited grounds of discrimination. Legislation. The Committee notes the Government’s indication, in its report, that the draft amendment to the Labour Law of 1997 remains under examination, due to the recent circumstances encountered by the country. It takes note of the Government’s assurances that the amendment of the Labour Law of 1997 will incorporate the Committee’s earlier observations, as well as those of the social partners.

Sexual harassment. Legislation. The Government reports that amendments to the Labour Law of 1997 will also consider the provisions and penalties regarding the crimes against morality perpetrated at the workplace. In this regard, the Committee wishes to stress that for the full implementation of the Convention, it is essential for sexual harassment in employment and occupation to be clearly defined and prohibited, including both quid pro quo and hostile work environment sexual harassment. “Quid pro quo sexual harassment” includes any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of a person, which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job. For instance, requesting sexual favours (for oneself or a third person) from a job candidate in exchange for a job appointment. “Hostile work environment” sexual harassment includes conduct that creates an intimidating, hostile or humiliating working environment for the recipient. For instance, the showing of pornographic materials at a place of work, making sexual jokes or remarks, etc.

The Committee reiterates the firm hope that the Government will make every effort to ensure that the draft amended Labour Law, when adopted, will include a definition and prohibition of: (i) discrimination, direct and indirect, 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 of all aspects of employment, including vocational training, access to employment and to particular occupations, and terms and conditions of employment; and also (ii) both quid pro quo and hostile environment sexual harassment. Please also ensure that the legal framework provides for effective remedies and dissuasive sanctions in cases of sexual harassment in employment and occupation. The Committee, once again, asks the Government to provide information on any court decisions under section 53(f) of the existing Labour Law regarding instances of an “offence against morals in the working place”. Finally, the Committee asks the Government to provide information on the progress made regarding the legislative amendments announced.

Articles 2 and 3. National policy for equality of opportunity and treatment and measures to implement the policy. Previously the Committee requested the Government to take concrete steps to adopt a national policy promoting equality of opportunity and treatment, with the aim of eliminating discrimination on all grounds set out in the Convention. In response, the Government indicates it has drafted new employment migration policies aimed at providing fair and equitable employment opportunities for workers. The Committee recalls that the primary obligation of Member States under the Convention is to adopt and implement a national policy aimed at promoting equality of opportunity and treatment in employment and occupation, with the ultimate goal of effectively eliminating discrimination on all grounds enumerated in the Convention and across all aspects of employment. The Committee acknowledges that employment and migration policies can be components of the national policy required by Article 2 of the Convention but wishes to stress that they are not sufficient in themselves. Implementing a national policy on equality of opportunity and treatment within the meaning of this provision necessitates the adoption of specific and concrete measures, including, in most cases, the establishment of a clear and comprehensive legislative framework. It also requires ensuring that the right to equality and non-discrimination is effectively upheld in practice. Additionally, proactive measures are essential to address the root causes of discrimination and the persistent inequalities that stem from deeply entrenched biases (see General Survey on the fundamental Conventions, 2012, para. 732). The Committee reiterates its request for the Government to take steps toward developing a national equality policy aimed at combating discrimination and promoting equality in both the public and private sectors. At a minimum, this policy should address discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin. Additionally, the Committee requests that the Government provide information on any concrete measures taken in this regard.

Equal opportunity and treatment. Civil service. The Committee notes that the Government’s report does not contain any information regarding the activities of the National Selection Commissioner set up to ensure objectivity and non-discrimination in the selection process in the civil service. The Committee further notes that, in its observations, the SPSC alleges that, since the outbreak of the war in April 2023, the authorities have engaged in arbitrary dismissals and salary suspensions targeting workers based on racial or political grounds, or regional affiliation, without due process. In particular, the SPSC refers to directives issued on 20 January 2025 ordering the suspension of salaries of state employees alleged to support the Rapid Support Forces. The Committee reiterates its request for information on the activities of the National Selection Commissioner and, if available, statistical information on participation rates disaggregated by sex, ethnicity and geography at all levels of the civil service. It further requests the Government to provide information on the manner in which the National Selection Commissioner ensures that no discrimination exists in practice in the recruitment process. Finally, the Committee requests the Government to provide its comments on the observations made by the SPSC.

Equality of opportunity and treatment between men and women. According to ILO STAT, women comprised only 14.4 per cent of the labour force in Sudan as of 2022, compared to 61.9 per cent for men. The Committee also observes that the share of youth not in employment, education or training (NEET) was significantly higher for women (62.1 per cent) than for men (29.6 per cent) (ILO STAT, 2022). In light of the above,the Committee encourages the Government to: (i) address the underlying elements of discrimination, such as gender stereotypes and gender norms, and de facto inequalities resulting from deeply entrenched discrimination;(ii) take concrete measures to promote women’s participation in education, training, and employment; and (iii) develop and strengthen data collection methodologies to compile disaggregated statistics by sex, occupation, and sector.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 and 2. The principle of equal remuneration for men and women for work of equal value. Legislation. The Committee notes the Government’s indication that a proposed provision which states that “A working woman shall be entitled to equal remuneration to that of a working man for work of equal value”. was included in the draft amendment to section 51(9) of the Labour Law of 1997, but that the amendment has not yet been adopted and remains under study and review. The Committee takes note that the Government is making efforts, in collaboration with the social partners, to review the national labour laws and regulations, including the Labour Law of 1997. The Committee expresses the firm hope that the Government will make every effort to ensure that the current legislationwill be amended to give full legal expression to the principle of equal remuneration for men and women for work of equal “value”.

Application of the principle in the civil service. For a number of years, the Committee has been drawing the Government’s attention to the fact that section 28 of the National Service Act of 2007 refers to the concept of “equal work” and not to work of equal “value”. It recalls that the notion of “work of equal value”, enshrined in the Convention, is fundamental, as it allows for a scope of comparison, encompassing “equal”, “the same” or “similar” work but also covering work of an entirely different nature which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paras 672–675). The Committee takes due note of the Government’s affirmation that no legal provision permits any form of gender discrimination. It also notes the Government’s indication regarding section 29, which describes how remuneration-related benefits are allocated. The Committee once again asks the Government to indicate the measures taken to ensure that the factors used by the unified salary structure to compare jobs are free from gender bias, to allow the Committee to assess whether the method of evaluation of jobs used did not undervalue or overlook skills considered to be “female”, or tasks traditionally undertaken by women.

Conventions Nos   100 and 111 – Application in practice

Article 4 of Convention No. 100 and Article 3(a) of Convention No. 111. Enforcement. In the absence of information on this point, 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 Law of 1997; (ii) the activities of the National Commission on Human Rights (NCHR) in terms of promoting equality of opportunity and treatment, including any efforts to coordinate with employers’ and workers’ organizations; 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. In addition, the Committee again encourages the Government to take the necessary steps to progressively collect, analyse and provide data on men’s and women’s earnings by occupation and level of employment in the public sector; and, if possible, by sector of activity, covering both the formal and informal economy. The Committee also asks the Government to promote actively the access of women to a wider range of jobs and occupations, including through improving their educational levels and encouraging their participation in a wide range of vocational training courses and fields of study.