Gender Equality at the Forefront as South Sudan Grapples with Employment Challenges

By Bior Aquilla – on August 20, 2024

The Ministry of Labour in South Sudan has recently addressed widespread concerns regarding the influx of foreign workers and their impact on local employment, emphasizing its commitment to gender-sensitive practices that promote equality in the workplace. Despite assurances, the issue of foreign nationals allegedly taking over jobs meant for South Sudanese citizens, particularly women, continues to be a contentious topic, underscoring the need for inclusive policies that align with principles of peace, good governance, and human rights.

Since South Sudan gained independence in July 2011, the country has experienced a significant influx of skilled workers from neighboring East African nations such as Ethiopia, Eritrea, Kenya, Sudan, and Uganda. This influx, driven by the country’s need for a skilled workforce, has fueled concerns about unemployment among South Sudanese, with both men and women struggling to find employment, especially in the private sector.

South Sudanese labor law clearly mandates that employers prioritize local workers, requiring that at least 80% of positions, particularly at different management levels, be filled by nationals where the necessary skills are available. However, the enforcement of this law has come under scrutiny, with accusations that foreign nationals are taking jobs that should rightfully go to South Sudanese citizens, further exacerbating gender disparities in the workforce.

Ter Manyang, Executive Director of the Center for Peace and Advocacy, voiced his concerns about the government’s issuance of work permits for positions that could be filled by South Sudanese, including women.

He stated, “There are some positions where you are not supposed to issue a work permit, such as the managers. We have a lot of educated people here in this country; there is no need for the government to issue a work permit to managers who are coming for work permits, and yet we have a lot of South Sudanese who are just staying at home, just staying in the streets.”

South Sudanese have also raised concern about foreigners disguising as locals to get jobs. Manyang said systems in place are not strong enough to defend local jobs.

“There is an issue, especially on our system; our system is very weak. If you look at immigration, we have foreigners who share the same tribes; we have Acholi in Uganda, and we have Acholi in South Sudan. How do you get the real Acholi of South Sudan?” Manyang asked.

He suggested that verification through the local chief could help identify whether foreigners are posing as locals to secure employment in South Sudan.

“We need to have maybe 5 to 4 local chiefs in the area so that they will be verified. This person, yes, is an Acholi of South Sudan and a citizen of South Sudan. Then, you also need to distinguish the accent, the accent they speak. Acholi of South Sudan will have a different accent from Acholi of Uganda. The same way we have Kakwa in Uganda, they are here in South Sudan. We have Madi in Uganda; they are here in South Sudan. We have Nuer in Ethiopia; they are here in South Sudan. How do you distinguish those people when they come in terms of job opportunities? I think immigration officers are supposed to bring a local chief if it means going to the ground. They should not be given a national ID until those conditions are met in order to protect our rights,” Manyang added.

Despite the ongoing struggle with unemployment in South Sudan, those who are employed increasingly voice concerns over significant pay disparities when compared to their foreign counterparts. Numerous instances have been recorded where South Sudanese workers have staged protests, highlighting the severe inequities in salary distribution.

In 2023, employees at UAP, a private insurance company, protested against what they saw as unjust remuneration, arguing that foreign workers were being paid significantly more for the same roles. The issue resurfaced in July 2024, when South Sudanese employees at The City Review and Al Hagiga daily newspapers, both under RAK MEDIA, initiated a strike over similar concerns regarding pay disparities.

One worker, speaking on anonymity, described the difference in wages between South Sudanese and foreign employees as “unimaginable.” According to this worker, the highest-paid national staff earns less than $100 per month, while their international colleagues reportedly receive at least $2,000. This gap also includes additional benefits such as accommodation, transport, and travel allowances. This discrepancy amounts to over 200 percent and has fuelled widespread frustration and demands for more equitable compensation practices.

“When you look at our strike, it is more of a request. It’s after we exhausted all means to ensure that we understand ourselves with the management, that is what resulted to the go-slow,” said the worker, adding, “So what brings in the pay disparity is the fact that they say they don’t have money, that’s why we are telling them if you don’t have money how are you paying these people. You are paying them $US2000, $US1,200, and the rest. You cannot afford to give us a mere $US200, but you are giving them $US1,000. On top of that, we do the same job, we have the same experience, and we produce the same paper.”

RAK MEDIA’s management, instead of addressing the core issues raised by employees, reportedly responded with intimidation tactics. According to a letter issued by the company’s legal team, employees from The City Review and Al-Hagiga newspapers who participated in the go-slow protest on July 29th were subsequently handed a one-month suspension as a consequence of their actions. 

“Recently, they [RAK MEDIA] responded; I hope you have seen. When you look at their response, it does not address the reason for the protest. It is more of adding more intimidations to the previous intimidation when you look at it.” 

Juol Nhomngkek, a lawmaker at the Transitional National Legislative Assembly (TNLA), expressed serious concern in parliament over the suspension of young South Sudanese journalists from the City Review and Al Hagiga daily newspapers. These employees were reportedly penalized for simply demanding equal pay with their foreign colleagues, a move Nhomngkek criticized as unjust and contrary to the principles of fairness in the workplace. 

“This has come to my attention, recently when I saw the employees at two news papers were suspended illegally and sent home. Contrary to labour laws of South Sudan, these journalist were demanding for equal pay with the other foreign workers. The other foreign workers are paid between 2000 – 2,500 $ and our workers are being paid less than 100 $. That is city review and Al-Hagiga,” Nhomngek stated.

The lawmaker emphasized that workers are entitled to equal pay as outlined in South Sudan’s labor law. Chapter 2, Article 8 of the South Sudan Labour Act clearly states that “Every employee shall be entitled to equal remuneration for work of equal value.” It mandates that “Every employer shall take steps to guarantee equal remuneration for every employee for work of equal value.”

However, a director at the South Sudan Ministry of Labour, speaking off the record, noted that the striking staff did not follow the proper procedures, making it difficult to address their grievances. She explained that before going on strike, employees are required to inform the ministry of their intent and lodge a formal complaint, neither of which was done in this case.

Minister of Labour James Hath Mai reinforced this position, advising the suspended employees to formally file a complaint with the ministry’s director general. He emphasized that following the correct procedure is essential for any official action to be taken on their behalf.

“The easy way is this let them file a complaint and then direct it to our DG [director general] of labour. Let them write a complaint against those newspapers, they have to explain and then they bring it to director general of labour,” Mai stated.

Regarding the implementation of the 80-20 employment law, the Minister emphasized that this regulation is actively enforced in South Sudan and encouraged those with concerns to raise them. He assured that “the majority of workers in South Sudan are South Sudanese,” reflecting the government’s commitment to prioritizing local employment.

The Minister further explained that the Ministry of Labour is undertaking significant reforms aimed at promoting good governance and addressing gender-sensitive issues in the workplace. These reforms include clarifying which job positions should be reserved for South Sudanese citizens and identifying roles that may require foreign expertise. Additionally, the Ministry is working on legislation to establish a minimum wage, a critical step towards addressing salary disparities and ensuring fair compensation for all workers, especially women, who are often disproportionately affected by pay inequities.

“What is not clear there is position in any institutions. And we are working on it to resolve this issue, what is supposed to be given to South Sudanese and what is supposed to be given to foreigners . But we are working on the laws that will govern that one. We are working on minimum wage, if minimum wage is finished then it will resolve that issue.” 

The Minister acknowledged that the current system lacks clarity in certain areas, particularly regarding the allocation of jobs between nationals and foreigners. He assured that the Ministry is focused on resolving these ambiguities through new laws that will govern employment practices more effectively. The proposed minimum wage law is expected to be a cornerstone of these reforms, aiming to resolve the issue of wage disparity that has particularly impacted vulnerable groups, including women.

From the Ministry’s perspective, the narrative of foreigners taking over local jobs is largely seen as misinformation. The Minister reiterated that the majority of employees in South Sudan are nationals, though he acknowledged that the situation might differ in the informal sector. He encouraged the public to report any cases of non-compliance with labor laws, ensuring that all workers’ rights are protected.

As of the time of publication, employees from The City Review and Al-Hagiga newspapers were still serving their suspensions without their demands being met. It is hoped that the Ministry of Labour’s ongoing reforms will address the underlying issues faced by South Sudan’s workforce, ensuring that all citizens, regardless of gender, have access to fair and equitable employment opportunities.

This story was produced with a grant from Journalists for Human Rights under the ‘tackling mis/disinformation project’ funded by the peace and stabilization program of the government of Canada.