Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Abolition of Forced Labour Convention, 1957 (No. 105) - Sierra Leone (Ratification: 1961)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. 1. Public Order Act. The Committee previously noted that the Public Order Act, 1965 contains penalties of imprisonment (involving compulsory labour, pursuant to section 45 of the Prisons Ordinance, 1960) for offences related to public meetings (pursuant to section 24), the publication of false news (pursuant to section 32) and seditious libel (pursuant to section 33). It also noted that the Supreme Court had dismissed a challenge (made pursuant to article 25 of the Constitution guaranteeing freedom of expression) relating to the constitutional validity of the Act’s criminalization of defamatory and seditious libel.

The Committee notes the Government’s statement that the Public Order Act suppresses publications, views and opinions perceived to be critical to the established order, mostly through seditious libel. In this regard, the Government states that the Human Rights Commission of Sierra Leone has requested the Government to repeal the seditious libel provisions in the Public Order Act. The Government also states that the Act prohibits public meetings except with the expressed permission of the Inspector General of Police or established authorities, and that the Human Rights Commission of Sierra Leone has received reports that the activities of a particular society were disrupted due to a ban.

The Committee notes the statement in the Report of the United Nations High Commissioner for Human Rights regarding assistance to Sierra Leone in the field of human rights, of 22 February 2011, that restrictions resulting from the application of seditious libel legislation limit the full enjoyment of the rights of freedom of expression and information. The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee accordingly requests the Government to take the necessary measures to ensure that section 33 of the Public Order Act is amended or repealed so that no prison sentence involving compulsory labour can be imposed on persons who, without using or advocating violence, express certain political views or opposition to the established political, social and economic system. It also requests the Government to provide, in its next report, information on the application in practice of section 24 of the Public Order Act concerning public meetings, indicating in particular if any meetings have been prohibited, pursuant to section 24(2). It further requests the Government to provide information on the application in practice, of section 32 of the Public Order Act, including providing copies on any relevant court decisions.

2. Political Parties Act. The Committee previously noted that section 12(5) of the Political Parties Act, 2002, prohibits a political party from holding a public meeting without having been issued a final certificate of registration by the Political Parties Registration Commission (PPRC). Pursuant to section 28 of the Act, the executive members of a political party that hold such a meeting are liable on conviction to a term of imprisonment (involving compulsory prison labour) not exceeding one year.

The Committee notes an absence of information on this point in the Government’s report. With reference to paragraph 302 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that under Article 1(a) of the Convention, the range of activities that must be protected from punishment involving forced or compulsory labour comprises the freedom to express political or ideological views as well as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views. The Committee once again requests the Government to provide information regarding the application in practice of sections 12(5) and 28 of the Political Parties Act, including any prosecutions, convictions and sentences imposed, as well as copies of relevant court decisions.

3. Independent Media Commission Act. The Committee previously noted that, under section 40(a) of the Independent Media Commission Act, 2000, any person who operates a media institution without a licence from or registration by the Independent Media Commission is liable on summary conviction to a term of imprisonment not exceeding two years (involving compulsory prison labour). The Committee once again requests the Government to provide information concerning the application of section 40(a) of the Independent Media Commission Act, 2000, in practice, indicating if there have been any prosecutions and convictions pursuant to this provision, and if so, to provide copies of the relevant court decisions. It also requests the Government to provide information on any refusals for applications of licences for radio or television (pursuant to section 17(3) of the Act) or for registration of newspapers (pursuant to section 27(1) of the Act) made by the Independent Media Commission.