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

Articles 1, 2 and 3 of the Convention Anti-discrimination legislation and national equality policy. The Committee notes that the Government refers in its report to the National Employment Policy Strategy which has been developed with the collaboration of tripartite stakeholders, and that this Strategy was launched in May 2016. The Committee also notes from the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the labour legislation is currently under review and, more specifically, that a draft Labour Act was prepared in 2017 and submitted to the ILO for technical comments. The Committee welcomes the inclusion in the draft Labour Act of provisions defining and prohibiting discrimination and recalls that, where legal provisions are adopted, the prohibition of discrimination should cover all stages of employment and occupation, including recruitment, and address at least the grounds enumerated in Article 1(1)(a) of the Convention (i.e. race, colour, sex, political opinion, religion, social origin and national extraction) as well as any other grounds that the Government deems appropriate, such as disability, HIV status, age or region. The Committee would like to recall that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (General Survey of 2012 on the fundamental Conventions, paragraph 848). In light of the above and hoping that the new Labour Act will soon be adopted, the Committee asks the Government to provide information on any other measures envisaged or adopted to address discrimination and promote equality, in particular through affirmative action, awareness-raising and the establishment of specialized bodies.

Article 1(1)(b). Additional grounds. HIV status and disability. With respect to HIV status, the Committee notes the Government’s indication in reply to its previous request that the exception under section 23(2) of the Prevention and Control of HIV and AIDS Act of 2007 (cases where the employer proves, on application to a court, that the requirements of the employment in question are such that a person must be in a particular state of health or medical or clinical condition) continues to be applicable. The Committee further notes the Government’s indication that, despite the prohibition on an employer discriminating on the basis of disability under the Persons with Disability Act, 2011, in practice employers are not in favour of hiring persons with disabilities because most workplaces are not adapted to their needs. The Committee asks the Government to provide information on any measures adopted or envisaged to raise awareness among workers, employers and their organizations of discrimination on the basis of disability and the concept of reasonable accommodation to enable persons with disabilities to access to and progress in employment and occupation.

Article 2. Equality of opportunity and treatment between men and women. Education, vocational training, employment and occupation. The Committee notes that the Government's report does not contain any information on gender equality and recalls that a National Gender Strategic Plan had been launched in 2010 and a Gender Equality Bill was to be tabled in Parliament. It also notes from the Labour Force Survey Report published in September 2015, that 4.5 per cent of women are in wage employment as compared to 15.5 per cent of men, and that 36.8 per cent of women are in non-agricultural self-employment (24.8 per cent for men). The Committee notes that, in its final observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern about the low enrolment and completion rates of girls at the secondary and tertiary levels of education, the geographical disparities in access to education, the negative impact of harmful traditional practices such as early and forced marriages on girls’ education, and barriers impeding pregnant girls’ and young mothers’ access to education. The CEDAW further expressed its concern about the low number of women employed in the public sector, the occupational segregation and concentration of women in traditionally female-dominated work and the precarious situation of women in rural areas, who are disproportionately affected by poverty and limited access to justice, education, economic opportunities, healthcare, credit and loans (CEDAW/C/SLE/CO/6, 10 March 2014, paras 28–31). The Committee asks the Government to provide information on any measures adopted or envisaged:

• (i) to implement the National Gender Strategic Plan and adopt the Gender Equality Bill;
• (ii) to ensure equal access and maintenance of girls in school, at all levels of education;
• (iii) to address horizontal and vertical gender segregation in the labour market, through vocational guidance and training;
• (iv) to promote equal access of women to wage employment both in the private and the public sectors, including to higher-level positions; and
• (v) to address the employment situation of women in rural areas.