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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Sierra Leone (RATIFICATION: 1966)

Article 1(1)(b) of the Convention. The Committee notes with interest the adoption of the Prevention and Control of HIV and AIDS Act, 2007, section 23 of which prohibits discrimination on the grounds of actual, perceived or suspected HIV status in access to employment, and also with respect to transfer, promotion and termination. The Committee asks the Government to provide information on the practical application of section 23 of the Prevention and Control of HIV and AIDS Act of 2007, including any exceptions permitted under subsection 2. Please provide copies of any relevant judicial or administrative decisions.

The Committee notes with regret, however, that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 2 and 3 of the Convention. Lack of national policy. The Committee regrets that the Government does not provide any new information in respect to the Convention’s application. Since Sierra Leone has ratified the Convention, the Government has consistently reported that no legislative or administrative regulation or other measures existed to give effect to the provisions of the Convention and the Government has failed to provide information on any measures taken in this regard. In its latest report the Government repeats the general statement that it had a broad based policy which ensured jobs for all who apply and are willing to work, regardless of sex, religion, ethnicity or political opinion. The Committee is therefore bound to recall that under the Convention, Sierra Leone has the obligation to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating discrimination regarding vocational training, access to employment and particular occupations, as well as terms and conditions of employment.

In connection with the above, the Committee recalls that articles 7 to 9 of the 1991 Constitution establish economic, social and educational objectives for the State that potentially promote the application of the Convention. Article 15 guarantees the right to equal protection of the law irrespective of race, tribe, place of origin, political opinion, colour, creed or sex, and article 27 of the Constitution provides constitutional protection from discrimination. The Committee considers that these provisions may be an important element of a national equality policy in line with the Convention, but recalls that provisions affirming the principles of equality and non discrimination in itself cannot constitute such a policy. As stated in the Committee’s 1988 General Survey on the Convention, the national policy on equality of opportunity and treatment should be clearly stated and should be applied in practice, presupposing state implementation measures in line with the principles set out in Articles 2 and 3 of the Convention and Paragraph 2 of the accompanying Recommendation No. 111.

While being aware of the many challenges the Government is facing in the process of consolidating peace, the Committee encourages the Government to give serious consideration to the application of the Convention in law and practice as an integral part of its efforts to promote peace and social and economic stability. The Government is requested to provide information on measures taken or envisaged to promote and ensure equal access to technical and vocational training, public and private employment, as well as equal terms and conditions of employment, including through educational programmes and cooperation with employers’ and workers’ organizations. The Committee also reiterates its previous requests to the Government to provide information in particular on the measures taken to ensure equality in employment and occupation between women and men and among members of the different ethnic groups.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.