Sudan’s civilian-led transitional government, installed in August 2019, is led by Prime Minister Abdalla Hamdok, who heads the Council of Ministers. There is also a Sovereign Council led by Abdel Fatah al-Burhan, who is one of the five military members, as well as six civilians. The Transitional Legislative Council had not been formed as of year’s end. Under the constitutional declaration signed in August 2019, general elections were scheduled for 2022, but following the signing of the Juba Peace Agreement on October 3, they were postponed to 2024.
Under the civilian-led transitional government, responsibility for internal security resides with the Ministry of Interior, which oversees police agencies as well as the Ministry of Defense and the General Intelligence Service. Ministry of Interior police agencies include the security police, special forces police, traffic police, and the combat-trained Central Reserve Police. There is a police presence throughout the country. The General Intelligence Service’s mandate changed from protecting national security and during the year was limited to gathering, analyzing, and submitting information to other security services. The Ministry of Defense has a mandate to oversee all elements of the Sudanese Armed Forces, including the Rapid Support Forces, Border Guards, and defense and military intelligence units. During the year the police infrastructure was largely moved under executive authority to assure it would adhere to its mandate to protect individuals and enforce the laws. Civilian authorities’ control of security forces continued to improve. Nevertheless, members of the security forces committed some abuses.
Throughout the year the civilian-led transitional government continued its legal reform process. This included repealing the public order act and amending the criminal acts to outlaw female genital mutilation, remove capital punishment for conviction of sodomy, and increase freedoms for religious minorities, including repealing apostasy laws. The civilian-led transitional government and various armed rebel groups continued peace negotiations and signed a peace agreement on October 3 that sought to end decades of internal conflict.
Significant human rights abuses included: reports of unlawful or arbitrary killings, and cases of cruel, inhuman and degrading treatment by reportedly rogue elements of the security apparatus, especially in conflict zones; harsh and life-threatening prison conditions; serious problems with politicization of the judiciary by holdovers from the previous regime, prompting mass dismissals by the civilian-led transitional government; serious abuses in internal conflicts, including killings, abductions, torture and use of child soldiers by rebel groups; lack of investigation of and accountability for violence against women; trafficking in persons; criminalization of consensual same-sex conduct; and child labor.
The civilian-led transitional government continued its investigation into security force abuses that occurred throughout the 2019 revolution, including the violent dispersal of a peaceful sit-in in June 2019 in Khartoum, and the beating and sexual assault of others. As of year’s end, the investigative committee had not publicly submitted its findings. The Ministry of Justice also began investigations and trials for members of the deposed regime for alleged human rights abuses. The prime minister stated more than 35 committees were actively conducting investigations.
In Darfur and the Two Areas, paramilitary forces and rebel groups continued sporadically to commit killings, rape, and torture of civilians. Local militias maintained substantial influence due to widespread impunity. There were reports militias looted, raped, and killed civilians. Intercommunal violence originating from land-tenure disputes and resource scarcity continued to result in civilian deaths, particularly in East, South, and North Darfur. There were also human rights abuses reported in Abyei, a region claimed by both Sudan and South Sudan, generally stemming from local conflict over cattle and land between the Ngok Dinka and Misseriya indigenous groups. Reports were difficult to verify due to access challenges. In Darfur weak rule of law persisted, and banditry, criminality, and intercommunal violence were the main causes of insecurity.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The law provides that employees of companies with more than 100 workers may form and join independent unions. Other employees may join preexisting unions. The law establishes a single national trade union federation and excludes police, military personnel, prison employees, Ministry of Justice legal advisers, and judges from membership. In some cases membership in international unions was not officially recognized.
In 2019 the CLTG dissolved all trade unions and associations as part of its effort to dismantle the remnants of the Bashir regime. The CLTG allowed the formation of trade unions.
The Sudan Worker’s Trade Union Federation, a federation operating under the Bashir regime, filed a complaint with the International Labor Organization (ILO) on freedom of association concerns and alleged seizure of property. Workers who engage in labor outside the provisions of the labor code, which dates back to the Bashir regime, may legally be penalized with prison and compulsory labor.
Bureaucratic steps mandated by law to resolve disputes between labor and management within companies were lengthy.
b. Prohibition of Forced or Compulsory Labor
The law criminalizes all forms of forced or compulsory labor. The government did not effectively enforce the law. Penalties are not commensurate with those for comparable crimes.
The most common labor violations occurred in the farming and pastoral sectors. There were reports some children were engaged in forced labor, especially in the informal mining sector. Some domestic workers were reported to be working without pay. Female refugees were especially prone to labor violations.
c. Prohibition of Child Labor and Minimum Age for Employment
The law prohibits child labor. The constitutional declaration requires the state to protect the rights of children as provided in international and regional conventions ratified by the country. The law defines children as persons younger than 18 and prohibits children younger than 14 from working, except in agricultural work that is not dangerous or harmful to their health. The Ministry of Labor and Social Development is responsible for enforcing child labor laws but implementation has been weak and ineffective.
The Child Act defines working children as persons between ages 14 and 18. The law also prohibits the employment of such persons between 6 p.m. and 8 a.m.
The law allows minors to work for seven hours a day broken by a paid hour of rest. It is illegal to compel minors to work more than four consecutive hours, work overtime, or work during weekly periods of rest or on official holidays. The law prohibits employers from waiving, postponing, or reducing annual leave entitlements for minors. The CLTG did not effectively enforce such laws. Penalties were not sufficient to deter violations and not commensurate with those for comparable crimes.
Despite regulations, child labor persists in agriculture, mining, and informal sectors. Child labor was most common in the agricultural sector and also in other elements of the informal sector, including shoe shining, car washing, collecting medical and other resalable waste, street vending, begging, construction, and other menial labor. Children working in the informal sector were vulnerable to chronic illnesses and car accidents.
The ILO monitored forced child labor in gold mining. UNICEF received unverified reports revealing the dangerous conditions under which children were working in gold mining, including requirements to carry heavy loads and to work at night and within confined spaces and exposure to mercury and high temperatures. There were reports that children as young as age 10 were used in artisanal gold mining throughout the country. According to multiple reputable sources, thousands of children worked in artisanal gold mining, particularly in River Nile, Blue Nile, West Darfur, and North Darfur States, resulting in large numbers of students dropping out of school.
There were reports of the use of child soldiers by the SPLM-N, but numbers were difficult to verify (see section 1.g.).
d. Discrimination with Respect to Employment and Occupation
Law and regulations prohibit discrimination based on race, sex, gender, disability, tribe, and language, but they were not consistently enforced. There were legal restrictions on women in employment including limitations on working hours, occupations, and tasks. The constitutional declaration provides legal protection from discrimination based on sexual orientation or gender identity, HIV or other communicable disease status, political opinion, social or national origin, age, social status, religion, or ethnicity. Employers determined whether or not they would accommodate religious or ethnic practices. For example, employers adopted Islamic practices, including reduced working hours during the month of Ramadan and paid leave to perform the Hajj pilgrimage. Labor laws apply to migrant workers with legal contracts, but foreign workers who do not have legal status are not provided legal protections from abuse and exploitation.
The CLTG does not effectively enforce antidiscrimination laws and regulations in the workplace; penalties in the form of fines were rarely imposed and were insufficient to deter violations. Penalties were not commensurate with those for similar violations. Discrimination occurred in employment and occupation based on gender, religion, and ethnic, tribal, or party affiliation. Ethnic minorities reported that government hiring practices discriminated against them in favor of “riverine” Arabs from northern Sudan. Ethiopians, Eritreans, and other refugees or migrants were often exposed to exploitative work conditions.
There were reports some female refugees and migrants working as domestic workers or tea sellers were not compensated for their work, required to pay “kettle taxes” to police, sexually exploited, or trafficked. Female tea sellers also reported harassment and confiscation by police of their belongings. Observers reported, however, such harassment largely stopped under the CLTG, although challenges persisted.
Migrant workers and some ethnic minorities were unaware of their legal rights, suffered from discrimination, and lacked ready access to judicial remedies. The International Organization of Migration (IOM) established migrants’ reception centers in Khartoum in 2015 and Gedaref in 2019 that conducted workshops on workers’ rights and the hazards of migration. The state government allocated the land and building to the IOM.
e. Acceptable Conditions of Work
The government sets a minimum wage, which is below the poverty line. In April the CLTG increased the minimum monthly wages for the workers in the public sector from SDG 425 ($8) to SDG 3,000 ($56). Although meant to reduce the burden of the cost of living, by November the action increased the inflation rate to 299 percent.
Employers generally respected the minimum wage law in the formal sector. Wages in the informal sector were often significantly below the official rate. Enforcement by the Ministry of Labor and Social Development was minimal. Inspections and enforcement were inadequate in both the formal and informal sectors.
The law limits the workweek to 40 hours (five eight-hour days, not including a 30-minute to one-hour daily break), with days of rest on Friday and Saturday. Overtime should not exceed 12 hours per week or four hours per day. The law provides for paid annual leave after one year of continuous employment and paid holidays after three months.
The laws prescribe occupational safety and health standards. Any industrial company with 30 to 150 employees must have an industrial safety officer. A larger company is required to have an industrial safety committee that includes management and employees. Committees and officers are required to report safety incidents to the Ministry of Labor and Social Development. The law requires the owner of an industrial company to inform workers of occupational hazards and provide means for protection against such hazards. Management is also required to take necessary precautions to protect workers against industrial accidents and occupational diseases. The law does not recognize the right of workers to remove themselves from dangerous work situations without loss of employment. Some heavy industry and artisanal mining operations, notably gold extraction, reportedly lacked sufficient safety regulations.
Safety laws do not apply to domestic servants; casual workers; agricultural workers other than those employed in the operation, repair, and maintenance of agricultural machinery; enterprises that process or market agricultural products, such as cotton gins or dairy-product factories; jobs related to the administration of agricultural projects, including office work, accounting, storage, gardening, and livestock husbandry; or to family members of an employee who live with the employee and who are completely or partially dependent on the employee for their living.
Representatives of the Eritrean and Ethiopian communities in Khartoum stated that undocumented migrants in the capital were subjected to abusive work conditions. They also reported many undocumented workers did not report abuse due to fear authorities might deport them to Eritrea because of their illegal status.
The Ministry of Labor and Social Development, which maintained field offices in most major cities, is responsible for enforcing these standards. The ministry employed labor inspectors, including specialists on labor relations, labor conflicts, and vocational, health, and recruitment practices. The government did not effectively enforce wage, hour, and occupational safety and health laws, and penalties were not sufficient to deter violations.