SUDANESE LABOR LAW

Western Sudan. These wars contributed to paralyzing social programs such as healthcare, education, sanitation and civil society institutions. In addition to prolonged inner conflicts, poverty and natural disaster forced a large part of the rural population to migrate to urban centers, especially to Khartoum. The deliberate eradication of Sudan’s diversity from social and cultural life, contributed to the increased discrimination and marginalization of certain groups in society, putting women from non-Arab, non-Muslim communities in a particularly vulnerable position. The general, social position of Sudanese women, particularly urban poor women, serves to add context to the following discussion on the reality of women’s earning opportunities in light of these dynamics.

Women in Sudan are doubly restricted. Not only do they suffer labor market segregation but they also face occupational segregation, in which only some professions are considered appropriate for women.11 These restrictions follow gender stereotypes that stem from an understanding of gender difference in which the physical differences between men and women are presumed to translate into differences in their social and intellectual capacities.12 These limitations are often reflected in labor laws that draw the boundaries of women’s access to employment. Although the Islamist regime guaranteed women’s equal right to work and pay, several other government laws place considerable limitations on women’s economic agency, access and practice. The legal landscape proves contradictory; it recognizes women’s constitutional right to equal work, yet, it gives male guardians the authority to approve or reject work for female family members within the Muslim Family Law of 1991.13 Women must be given approval from husbands/fathers/ brothers prior to getting licensed for employment. This means that a woman’s economic fate is in the hands of her male guardians who are given the power to regulate the terms of a woman’s relationship to employment. Although women continue to bypass these laws and use their agency to achieve access, this contradiction in the law can act as a barrier to Sudanese women’s ability to gain meaningful employment in all its forms.

According to the Sudanese Labor Law of 1997, there are two main restrictions placed on women’s work. First, women are prohibited from doing what is considered hazardous work

11 Tønnessen, L. (2019). Women at work in Sudan: Marital privilege or constitutional right? Social Politics: International Studies in Gender, State & Society, 26(2), 223-244. 12 Hale S. (1997) Gender politics in Sudan: Islamism, socialism and the state. Boulder, CO: Westview Press 13 Tønnessen, L. (2019). Women at work in Sudan: Marital privilege or constitutional right? Social Politics: International Studies in Gender, State & Society, 26(2), 223-244.

that requires physical effort and may be harmful to their health. This includes underground work or work that could expose women to poisonous materials or high temperatures.14 Second, women are not allowed to work between the hours of 10 pm and 6 am, with the exception of office jobs in government or private institutions or the health sector (nurses, doctors) with few exceptions outside of these limitations.15 These legal restrictions strongly affect women working in the informal sector selling food and beverages in public spaces at night. Due to the pipeline funneling displaced and urban poor women into the informal sector, these laws place serious limitations on their access to livelihoods. Displaced and urban poor women’s precarious employment in tea selling, for instance, often requires them to be out in public, simultaneously exposing them to the arbitrary public order laws and the time constraints stipulated in the labor law. Upper/middle class women are able to work around these restrictions primarily by engaging in patriarchal bargains, which refer to a woman’s ability to maneuver and prosper within the patriarchal foundation, by accepting certain ‘terms of engagement’ that are gender discriminatory. Tønnessen’s (2019) research examines upper/middle class, educated Sudanese women living in Khartoum and their relationship to wage labor. The research shows that upper class women who work not for economic need but for self-realization are better positionedto navigate structural and institutional patriarchy. Also, these women are able to avoid the legal restrictions because they navigate Khartoum in private transportation and are typically employed in private establishments. Consequently, working class women are much more susceptible to the violence enacted by the laws in an environment that fails to protect their interests, livelihoods and safety. A gendered analysis of the law demonstrates the ways in which women’s employment is restricted by time and what is deemed as ‘dangerous’ work, however, class also influences this dynamic and points to other difficulties.

It is important to note that the Khartoum Employment Office labor laws include no sexual harassment policies, which could aid in the protection of women from gender-based harassment in the workplace. However, routine checks are made to ensure that work places employing women have safe and easy access to bathrooms and rest areas in addition to exit and entryways for daily transportation and ambulances in case of emergencies.16 Although the absence of a sexual harassment law poses a problem, the reality is that the existence of such a law would still fail to protect marginalized women, as the law does not apply to street vendors, a sector

14 Ibid.

15 Ibid.

16 Interview, Khartoum Employment Office, January 14th 2020