Legislation is one of the key mechanisms to support policy and planning activities undertaken by the occupational health system.It is generally acknowledged that the target cannot be achieved without the existence of a modern, clear and realistic laws and regulations that clearly define the responsibility of the state and the employer and the employee.? The cultural and legal pluralism of Sudan:-As Africa’s largest country, Sudan includes many religious, ethnic and socio-economic groups. Prevailing issues of access to resources, economic opportunity and power against the background of such diversity has unfortunately resulted in some of Africa’s longest-running conflicts since the country became independent in 1956. These conflicts have included those between Muslim-Christian, Arab-African and nomad-farmer groups, e.
g. The rule of law is but one of many casualties resulting from the permanent presence of conflict (or threat thereof) in the South, West and Eastern regions. Not surprisingly, historical, social and political factors have largely shaped Sudanese laws in terms of substance and application, including colonial legacies, a historically Arab-dominated central government and the presence of an intricate network of informal laws that are based upon religious, ethnic and/or tribal communities. The complexity of these factors renders it extremely difficult to distil a comprehensive overview of formal and informal Sudanese laws that are currently in operation.
Rather, this article will attempt to present an elementary overview of principle Sudanese laws, as well as some contextual background as to the nature of the informal justice mechanisms that operate outside the formal legal mechanisms.The Comprehensive Peace Agreement (CPA)A cease-fire was eventually declared between the Sudanese government and the Sudan People’s Liberation Movement / Army (SPLM/A) in July 2002. Peace talks were carried on through 2003, though fighting also continued on both sides; eventually in 2005, a peace agreement between the Government of Sudan and the SPLM/A was reached. Highlights of the Comprehensive Peace Agreement include a Power Sharing Agreement, a Wealth Sharing Agreement and Security Protocol; and special power and wealth sharing agreements for the areas of Abyei, Southern Kordorfon and Blue Nile (also referred to as the Three Areas), which individually possess specific factors that precipitated and prolonged the conflict – including and especially resource wealth).Despite the death of SPLM leader and Vice-President elect John Garang in August 2005, the peace process continued with the ratification of a new constitution in October 2005, the swearing-in of a new government (that divided executive posts between the ruling parties of the North and South) and the functioning of an autonomous Southern legislature and government.
Much of Sudan’s laws will undergo amendment following the new Constitution, which seek to balance interests and power between the South Sudanese and Central Governments.? The Judicial SystemArbiters of disputes and administrators of formal and informal laws come in various forms throughout Sudan, depending on ethnic, religious and political factors. Judicial courts are provided for under both statute and customary law while informal community practices also rely upon local chiefs, known as Sultans, to resolve disputes between community members.
Customary laws generally consist of non-state dispute resolution systems that are usually based upon local customary, traditional or tribal systems of justice. Given Sudan’s ethnic and religious plurality, customary laws and practice are diverse, differing from tribe-to-tribe and community-to-community. Case reporting of decisions by the formal courts is published in the Sudan Law Journal and Reports, whilst laws are published in the Sudan Gazette? Public LawsKhartoum Public Order Act 1998This Act governs certain activities within the Khartoum State.
First, private or public parties are subject certain permissions (s. 5) and prohibitions, including “no dancing between men and women and women shall not dance in front of men” (s. 7(1)(b)). Other areas subjected to restrictions under the act include the use of public transportation (s. 9); a prohibition of begging and vagrancy (s. 10); license requirements for places of women’s hairdressers (Ch. 5); and a prohibition of using loud speakers (Ch.
6). Penalties for infractions include fines, whipping and imprisonment (Ch. 7).
Labour Act 1997This Act applies to all workers except civil servants, members of the armed forces, domestic servants, agricultural workers, family members of an employer, and casual workers.The Act establishes a Manpower Committee (Ch. II), which is responsible for inter alia, coordinating manpower-related issues within executive organs and the collection of related data.The Act also addresses the Organization of Employment (Ch. III) through provisions governing employment agencies, private employment agencies, recruitment,apprenticeships, and registration of workers. Chapter Three includes a requirement that all Sudanese seeking employment outside of Sudan seek permission of the Federal Minister of Labour. (s.
14) Chapter Four’s “Employment of Women and Young Persons” includes a prohibition of the employment of women in hazardous or arduous working conditions and during the night – save for administrative or health-care jobs. In relation to children, Chapter IV forbids the employment of children (defined as persons under 12 years of age) and the employment of young persons (persons under 16 years of age) in specified tasks that are listed under section 21.Chapter Five’s “Contracts of Employment” regulates the types and contents of employment contracts and permitted modes of renewal. The sixth chapter, “Wages, advances and other allocations” governs the payment of wages while the seventh chapter, “Hours of work and leave” regulates the calculation of official hours of work, overtime work, types of leave (annual, maternity – four weeks prior to and following birth, sick, religious – namely, Hadj and Idda). The remaining chapters address “Termination of contract or employment” (Ch.
VIII); “Severance pay” (Ch. IX); “Industrial Safety” – i.e. occupational health and safety (Ch.
XI); “Labour disputes and stages of their settlements” (Ch. XII); and the “Stages of settling labour disputes” – i.e. negotiation and arbitration (Ch.
XIII) and other general provisions concerning penalties, validity of contracts with successor employers, and labour inspection. (Ch. X). Despite the laws concerning workplace health and safety, working conditions are generally poor, and enforcement by the Ministry of Labour minimal.
Additional legislation relating to labour issues include the Public Service Act (No. 5 of 1991) and its accompanying Public Service Regulations, 1995; as well as the Peasants’ Organizations Act of 1976, which includes the treatment of agricultural workers. Relevant to broader public welfare are the Health Insurance Act, 2000, which addresses medical care and sickness benefit; and the Social Security Act of 1990, which addresses old age security, and survivor’s benefits? Child Rights and DutiesWhile Sudan ratified the Convention on the Rights of the Child (CRC) without reservation, the prevalence of key child rights issues remain of concern, including child labour; choice of education; rights to own property; right to care and protection; and juvenile justice concerns. The Child Act 2004 prescribes laws for child welfare, juvenile justice issues (including children’s rights during arrest and imprisonment), health, education, ‘working child’, and the broader subject of ‘satisfying child cultural needs.’ The legislation is due to be revised after the signing of the Interim Constitution and consequently, it is in force but not being implemented. As such, the act is seen more to serve as an advocacy tool.ResponsibilitiesWithin delegated authority, the Occupational Safety Officer will carry out the following duties? Develops, implements, maintains and coordinates a mission specific Field? Occupational Safety Risk Management Programmers (FOSRM);? Provides programmers guidance, advice technical and consultative support to field mission staff at all levels, by analyzing and evaluating occupational safety conditions in accordance with the DPKO-DFS FOSRM Programmer, Policy, COPs and other substantial guidance available or provided by the DPKO-DFS Field Safety officer and Programmers Manager;? Chairs or leads the mission’s Health and Safety Committee as requested or required;? Manages and supervises mission’s Occupational Safety Officers, Occupational Safety Focal Points;? Advises, supports and represents the DMS/CMS in the performance of his/her occupational safety responsibilities and in all aspects of the mission FOSRM Programmer and activities;? Chairs or leads the development of an overarching framework and other supporting safety architecture with other mission safety components and/or with host country safety officials to enable implementation of necessary safety arrangements and wellbeing of UN staff;Regular and on-going activities related to OSH:-1-Regular activitiesRegular activities designed to improve the levels of prevention and protection includes inspectionsBy OSH officers, annual OSH and fire audits, training of workers, and surveillance ofWorkers exposed to hazards.
2- National initiatives: safety days, awareness-raising campaignsOn the World Day for Safety and Health at Work, and during the preceding week, DOSHSPublishes, through its information centre, a newspaper supplement containing articles andInformation on OSH. Other periodicals, e.g. The Commerce & Industry Business magazine,Produce themed issues during April where awareness-raising articles on OSH by different OSHPlayers in the country are published.
Workplaces are encouraged to play a role in celebratingThe day by conducting an activity that might improve OSH in their organizations. Awards areAlso given to the best performers in various areas during an annual national celebration.? List of occupational diseases annexed to the Labour Code:-1 / lung disease been caused by the dust. * Silicosis ((silica fume)).
* Asbestosis. * Products Industry stone or metal polishing sand * Cotton dust, cotton asthma ( bisinosis) . * Dust sugar cane ((Baggas disease)).2 /sand or dust inhalation combined with pulmonary tuberculosis.3 / lead poisoning and its compounds.4 / arsenic poisoning and its complications5 / chromium poisoning and blistering output of chromium and its compounds.
6 / poisoning nickel and its compounds. 7 / poisoning Manganese and its compounds. 8 / corneal ulceration or ulceration of the skin and skin diseases resulting from the asphalt or mineral oils or Paraffin or its compounds.9 / inflammation or ulceration of the skin caused by dust and liquids.10 / cirrhosis of the lens of the eye cornea resulting from continuous exposure to high temperature and the glare of powerful lights.11 / carbon monoxide poisoning.12 / poisoning, carbon dioxide,13 / mercury poisoning and its compounds.14 / poisoning phosphorus and its compounds