Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Sierra Leone (Ratification: 1961)

The Committee observes that the Government’s report does not reply to its previous comment and expects that the next report will contain full information on the matters raised in its previous comments initially made in 2010 and reproduced below.

The Committee requests the Government to provide its comments on the 2013 observations of the International Trade Union Confederation (ITUC) alleging restrictions to collective bargaining in the mining sector.

Articles 1 and 2 of the Convention. Need to adopt specific provisions accompanied by sufficiently effective and dissuasive sanctions for the protection of workers and workers’ organizations against acts of anti-union discrimination and acts of interference. The Committee had previously noted that the revision of the labour laws, prepared with the technical assistance of the Office, had been submitted to tripartite meetings, that the comments of the tripartite body had been received and that the document had been forwarded to the Law Officers’ Department. The Committee had asked the Government to keep it informed of any further progress made in the preparation of the final draft document and to provide a copy of the revised legislation as soon as it had been adopted. In the absence of any information from the Government, the Committee requests it to make every effort to take the necessary action for the adoption of new legislation to ensure full compliance with the Convention, including as to the need to adopt specific provisions accompanied by sufficiently effective and dissuasive sanctions for the protection of workers and workers’ organizations against acts of anti-union discrimination and acts of interference. Recalling that it may continue availing itself of the technical assistance of the Office, the Committee requests the Government to inform it on any progress made in this regard.

Article 4. Promotion of collective bargaining. The Committee notes the Government’s indication that, under the Regulations of Wages and Industrial Relations Act public officers and persons above, collective bargaining is restricted to workers below supervisory level. Recalling that only the police, the armed forces and public servants engaged in the administration of the State may be excluded from the scope of the Convention, the Committee requests the Government to take the necessary measures to ensure that other workers with supervisory responsibilities can exercise the right to collective bargaining.

The Committee further notes that the Government states that national labour law is silent on any important aspects of collective bargaining as provided for by the Convention. The Committee trusts that, with the ILO’s technical assistance and in consultation with the social partners, the Government will continue its review of labour legislation in order to give full effect to the Convention.

Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements, as well as on any additional measures undertaken to promote the full development and utilization of collective bargaining under the Convention.