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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Sierra Leone (RATIFICATION: 1961)

The Committee takes notes of the Industrial Relations and Trade Union Bill, 2022 (IRTU Bill) and the Employment Bill, 2022 and of the Government’s indication that both Bills were discussed at the national consultative meeting with the social partners with a view to strengthening the freedom of association for all categories of workers.

Article 2 of the Convention. Right of workers and employers without distinction whatsoever to establish and join organizations. The Committee had previously requested the Government to amend the Regulations of Wages and Industrial Relations Act in order to recognize the right to establish and join unions to all workers, including public officers and persons above the level of supervisor or manager. The Committee welcomes the Government’s indication that the Employment Bill, 2022, ensures that there is no restriction on workers and employers, including those above the level of supervisor or manager, to form or belong to any trade union or employers’ organization of their choice. The Committee observes, however, that pursuant to its draft section 3, the Employment Bill does not apply to the armed forces, police forces, fire forces, and correctional services, excluding their civilian workers. The Committee recalls that the functions exercised by firefighters and prison service personnel do not justify their exclusion from the rights and guarantees set out in the Convention. The Committee requests the Government to indicate the legislative provisions which guarantee the rights under the Convention to firefighters and correctional service personnel. Alternatively, the Committee requests the Government to review the Employment Bill in order to ensure that the above-mentioned categories of workers are granted the right to organize, and to provide information on developments in this regard.

The Committee observes that both the IRTU Bill and the Employment Bill circumscribe the definition of “worker” to a person who has a contractual relationship with the employer. The Committee considers that this terminology is restrictive and incompatible with Article 2 of the Convention. The Committee recalls that all workers should have the right to establish and join organizations of their own choosing and that the criterion for determining the persons covered by that right, therefore, is not based on the existence of a contractual employment relationship, which is often non-existent, for example in the case of self-employed workers in general, workers in the informal sector or those who practice liberal professions, who should nevertheless enjoy the right to organize. The Committee therefore requests the Government to review the above-mentioned legislation so as to extend the scope of its application to all workers, regardless of their contractual situation.

Right of workers and employers’ organizations to establish organizations of their own choosing. The Committee observes that the IRTU Bill allows the Registrar to refuse the registration of a trade union or an employers’ organization if there is another union or employers’ organization already registered that adequately represents the interests of those on behalf of whom the organization seeks registration, and additionally allows the existing organization to object to the registration of a new one (section 44). The Committee considers that the right of workers and employers to establish organizations of their own choosing, as set out in Article 2 of the Convention, implies that diversity of trade union and employers’ organizations must remain possible in all cases. The Committee considers that it is important for workers and employers to be able to change organizations or establish new ones for reasons of independence, effectiveness, or ideological choice. Consequently, an organizational exclusivity imposed directly or indirectly by law is contrary to the Convention. The Committee therefore requests the Government to review the IRTU Bill so as to allow for the registration of more than one trade union or employers’ organization.

Recognition of the most representative trade union or employers’ organization. The Committee observes that draft section 1 of the IRTU Bill specifically refers to the Sierra Leone Labour Congress as the most representative organization of workers (Congress), and to the Sierra Leone Employers’ Federation as the most representative organization of employers (Federation). The Committee considers that while the Convention is compatible with the system of the most representative organization, the most representative organizations should not be explicitly named in the legislation so as to allow all organizations to claim representative status, based on objective, pre-established and precise criteria. The Committee requests the Government to delete the designation of a specific union and employers’ organization from the legislation.

Article 5. Right of organizations to establish and join federations and confederations and to affiliate with international organizations of workers and employers. The Committee observes that the IRTU Bill does not provide for the right of trade unions and employers’ organizations to join federations and confederations, and that the Employment Bill appears to limit this right to the participation of individual employers and workers in the formation of a federation. There is no explicit reference in either bills to the right of organizations to establish and join federations and confederations and to affiliate with international organizations of workers and employers. In view of the above, the Committee requests the Government to amend the draft legislation to include clear provisions setting out these rights.

The Committee urges the Government to make every effort to ensure that the above-mentioned draft laws are brought into full conformity with the Convention and adopted without further delay, and to provide copies thereof once they are adopted. The Committee further recalls that the Government may avail itself of the technical assistance of the Office.