Although South Sudan has programmes that target child labour, the scope of these programmes is insufficient to fully address the scale of the problem, including commercial sexual exploitation and child soldiers. In addition, reintegration and rehabilitation services for child soldiers are not sufficient to meet existing needs. (1,25,55,62) In 2021, law enforcement agencies in South Sudan took action to address child labour (Table 7). However, there are gaps in the activities of law enforcement agencies that can impede proper prosecution, including the inability to prosecute the worst forms of child labour. Children should only attend school until the age of 13. This standard makes children between the ages of 13 and 14 particularly vulnerable to the worst forms of child labour, as they are not obliged to attend school, but are also not legally allowed to work. (6,32,33) Based on the above reports, proposed measures are identified to advance the elimination of child labour in South Sudan (Table 11). Establish coordination mechanisms to combat all worst forms of child labour and ensure that mandates are clearly defined. Funded by USDOL and implemented by the ILO, aims to fill knowledge gaps on child labour through research and data collection, development of new survey methods and capacity building programmes. MAP 16 also supports partnerships to accelerate progress in the fight against child labour, forced labour and human trafficking. (60) The project also supports regional and sub-regional initiatives aimed at eliminating child labour and forced labour in Africa. (60,61) Completion of work on a three-country study on forced child labour in conflict zones, including South Sudan, published in 2021. (61) For more information, see the USDOL website.
Ongoing fighting has hampered the government`s ability to provide assistance, education and combat the worst forms of child labour. (9,16,27) South Sudan`s out-of-school rate is one of the highest in the world, with about 1 in 13 children expected to complete a full course of primary education. The government does not require schooling and the majority of children left school before the age of 13. (13,25,27,28) In 2020, before the outbreak of the pandemic, South Sudan`s out-of-school population reached a record 2.8 million. Conflict, floods and the pandemic have led to, among other things, further school closures. (9) Most schools in the country have reportedly not reopened since March 2020, when schools were closed due to the pandemic. (9) In addition, many children cannot attend school because their parents cannot afford to pay the unauthorized school fees charged by schools and civil servants. (9) Although these fees are illegal, the government is unable to solve the problem and often commits it. This practice has a disproportionate impact on girls, as families with multiple children who cannot afford to pay extra fees for all children prioritize boys` education.
Underage marriage also prevents girls from going to school. (9) Women in Sudan are doubly limited. They suffer not only from segregation in the labour market, but also from occupational segregation, in which only certain occupations are considered suitable for women.11 These limitations stem from gender stereotypes resulting from an understanding of gender differences that assumes that physical differences between men and women translate into differences in their social and intellectual abilities.12 Restrictions are often reflected in labour laws that draw women`s boundaries. Access to employment. Although the Islamist regime guarantees women equal rights to work and pay, several other government laws severely restrict women`s economic capacity, access, and practice. The legal landscape is contradictory; It recognizes women`s constitutional right to equal work, but gives male guardians the power to authorize or refuse work for female family members under the Muslim Family Act of 1991.13 Women must obtain the consent of their husband/father/brother before obtaining an employment license. This means that a woman`s economic destiny is in the hands of her male guardians, who have the power to regulate the terms of a woman`s relationship to employment. Although women continue to circumvent these laws and use their free will to access them, this contradiction can be an obstacle to Sudanese women`s ability to find meaningful employment in all its forms. 118. The Arbitration Committee shall apply the applicable laws and may invoke practice and principles of justice for that purpose, taking into account the public, social and economic situation of the region.
In South Sudan, children are exposed to the worst forms of child labour, including use in armed conflict and forced labour in animal husbandry. (1-6) Table 1 presents key indicators for child labour and education in South Sudan. 2. Any activity which, under the laws in force, constitutes an offence against the security of the State shall be exempted from the application of paragraph 1. Conduct a national survey on child labour, including research to determine activities carried out by children to inform social policies and programmes. Applies child labor laws, identifies child labor violations and conducts workplace inspections. (9,16,32,33) While the South Sudan Disarmament, Demobilization and Reintegration Commission (NDDRC) coordinates efforts to address children in armed conflict, the government does not have coordination mechanisms to address other forms of child labor, as the National Steering Committee on Child Labor has not been active since its inception in 2012. (9) The Ministries of Labour, Interior and Justice are responsible for enforcing criminal laws against child labour, trafficking in children and commercial sexual exploitation of children. However, their mandates are not clearly defined, which further impedes effective government action. (15) require physical exertion and may be harmful to health. This includes underground work or work where women could be exposed to toxic substances or high temperatures.14 Second, women are not allowed to work between 10 p.m. and 6 a.m., with the exception of clerical jobs in public or private institutions or in the health sector (nurses, doctors), with a few exceptions outside these restrictions.15 These legal restrictions strongly affect women working in the informal sector.
who sell food and drink in public spaces. Night. Due to the pipeline that smuggles displaced and poor urban women into the informal sector, these laws severely restrict their access to livelihoods. The precarious employment of displaced and urban poor women in the sale of tea, for example, often forces them to be in public while exposing them to arbitrary public order laws and time restrictions set out in the Labour Code. Upper- and middle-class women are able to circumvent these restrictions primarily by engaging in patriarchal arrangements that relate to a woman`s ability to maneuver and thrive within the patriarchal foundation by accepting certain “conditions of engagement” that discriminate against gender. Tønnessen`s (2019) research examines educated upper- and middle-class Sudanese women living in Khartoum and their relationship to wage labour. Research shows that upper-class women who do not work for economic necessity but for personal fulfillment are better placed to navigate structural and institutional patriarchy. In addition, these women are able to circumvent legal restrictions when navigating private transport in Khartoum and are usually employed in private institutions.
As a result, working-class women are far more vulnerable to law-based violence in an environment that fails to protect their interests, livelihoods and security. A gender analysis of the law shows how women`s employment is limited by time and what is considered “hazardous” work, but class also influences this dynamic and points to other difficulties. Forced or compulsory labour is technically illegal but common in Sudan. The conscription of men and boys into the country`s armed forces and various other armed groups remains a serious problem. Women and children continue to be victims of forced labour, domestic slavery or sexual slavery. Increase the number of labour inspectors responsible for properly enforcing labour laws throughout the country, including in the informal sector, and collect and publish labour statistics needed to calculate the recommendations of ILO labour inspectors. In 2021, the lack of national on-site inspections in South Sudan may have hampered the implementation of child labour laws (Table 6). Enforcement of criminal laws relating to the worst forms of child labour. (9) The Government has established guidelines on child labour (Table 9). However, there are policy gaps that hamper efforts to combat child labour, including insufficient funding. Coordinates child rights activities and serves as the central ministry of child protection. (16) The Ministry of Labour refers victims of the most egregious violations of child labour to the Ministry of Gender and Women`s Affairs for rehabilitation and support services.
(2) However, as no crime was found, no victims were redirected during the reporting period. (9) In 2021, the government participated in programs to eliminate or prevent child labor (Table 10). However, these social programs have shortcomings, including the inability to address the problem in all sectors. Make sure that labor regulations set fines for all labor law violations and that the penalties set are high enough to act as a deterrent. Ensure that initial and refresher training courses are offered to criminal investigators and that sanctions are imposed for offences related to the worst forms of child labour.
Recent Comments