E/C.12/SDN/CO/2
Informal economy
33.
The Committee is concerned at the extent of the informal economy in the State
party, in which labour, trade union and social security rights are not protected. (arts. 7, 8
and 9)
34.
The Committee recommends that the State party address regulatory and
administrative barriers to the creation of employment in the informal economy and
take measures to progressively enforce labour regulations therein. In this regard, the
Committee recommends that the State party expand the capacity of its labour
inspectorate and train its personnel on how to address working conditions in the
informal economy. The Committee draws the attention of the State party to ILO
Transition from the Informal to the Formal Economy Recommendation, 2015 (No.
204).
Trade union rights
35.
The Committee notes with concern that trade union rights are restricted under the
State party’s 2010 Trade Union Act. It also expresses concern that workers abstain from
engaging in trade union activities out of fear of reprisals. (art. 8)
36.
The Committee recommends that the State party bring its legislation on trade
unions into conformity with the provisions of article 8, including by guaranteeing
workers’ right to freely form and join the trade union of their choice and the free
registration of trade unions and by subjecting union activities to the trade unions’
own rules. The Committee also recommends that workers be allowed to freely exercise
trade union rights and be effectively protected against reprisals.
Social security
37.
While noting the activities undertaken by the Zakat Fund, the Committee is
concerned that only a small fraction of the population is covered by social security in the
State party. (art. 9)
38.
The Committee recommends that, besides the activities of the Zakat Fund,
measures be taken to develop a social security system, based on the right to social
security and with adequate public budget allocations with a view to reaching full
coverage of all the segments of its population. In this regard, the Committee
recommends that the State party consider the establishment of a social protection
floor as envisaged in the ILO Social Protection Floors Recommendation, 2012 (No.
202). The Committee refers the State party to its general comment No. 19 (2008) on
the right to social security and its statement on social protection floors (2015).
Minimum age of marriage
39.
The Committee is concerned at the very low ages of marriage for boys and girls in
the State party, of 15 and 10 years, respectively. (art. 10)
40.
The Committee recommends that the State party raise the legal minimum age
for marriage to 18 years for boys and girls to protect children from early and forced
marriage.
Female genital mutilation
41.
While noting the commitment of the State party to eradicate female genital
mutilation by 2018, the Committee expresses concern that its prevalence remains high in
spite of the measures taken. It is also concerned that provisions criminalizing female genital
mutilation have been removed from the Child Health Act. (art. 10)
7