Ending child labour in Sudan’s gold mining industry : progress and challenges

Abstract

Child labour in Sudan's gold mining sector represents a complex and multifaceted challenge that severely undermines the nation's social, economic, and human rights commitments. The prevalence of children working in hazardous mining conditions stems from a combination of factors, including widespread poverty, displacement due to conflict, weak regulatory frameworks, and inadequate education systems. The artisanal and small-scale mining (ASM) sector, largely unregulated and often controlled by militias in conflict-prone areas, exacerbates the problem by making oversight and enforcement nearly impossible. The ongoing war has further deteriorated the situation, leading to increased displacement and school closures, leaving children with few alternatives but to engage in dangerous labour. This dissertation examines this persistent challenge in Sudan's gold mining sector, which has become increasingly prevalent following South Sudan's secession in 2011. The study investigates the complex interplay between Sudan's international legal obligations and its domestic regulatory framework in addressing child labour in the mining industry, where an estimated two million people work across 16 provinces, including significant numbers of children aged 5-18. The research critically analyses Sudan's compliance with various international instruments, including ILO Conventions and human rights treaties, while examining the sufficiency of domestic legislation such as the Mineral Wealth and Mining Development Act of 2015. Through legal dogmatic methodology, the study reveals significant gaps between international commitments and national implementation, particularly in the context of unregulated traditional mining sectors that account for 80% of Sudan's gold production. The dissertation also explores the impact of mining labour on children's fundamental rights, especially concerning education and health, noting that approximately 19 million children are currently out of school in Sudan. Drawing comparative insights from Ghana's experience in addressing similar challenges, the research identifies best practices and potential solutions while acknowledging implementation difficulties in both contexts. Lastly, key findings highlight the inadequacy of current legal protections, exacerbated by conflicting definitions of childhood across various laws and weak enforcement mechanisms.

The study concludes with comprehensive recommendations for legal and policy reforms, emphasising the need for harmonised legislation, strengthened enforcement capabilities, and improved monitoring systems to protect children in Sudan's mining industry.