Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Sierra Leone (Ratification: 1961)

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The Committee takes due note of the information provided by the Government in its report that the ratification process of the Social Security (Minimum Standards) Convention, 1952 (No. 102) and of the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), has not yet been concluded. The Committee also takes note of the information that, simultaneously, a new Workmen’s Compensation Act is being drafted. The Committee requests the Government to provide information on progress made in this regard and hopes that the new Workmen’s Compensation Act will be in compliance with the ratified international labour standards concerning employment injury protection at the time of its adoption. The Committee recalls that the Government can avail itself of the ILO technical assistance in this regard..

Article 1 of the Convention. Ensuring the coverage and effective protection of workers in case of industrial accidents. The Committee notes that no information has been provided on measures taken to broaden the coverage to guarantee compensation to workers and their dependents as set out in the Convention. The Committee also notes the indication that statistical data on persons protected is not available due to budgetary constraints and that the Government is seeking funding to improve data collection. The Committee notes with concern that the number of workers engaged in informal employment is particularly high in Sierra Leone, achieving ninety-three percent of the workforce in 2018 (see ILOSTAT), which prevents most workers from accessing compensation in the event of work-related accidents. In light of the above, the Committee urges the Government to take the necessary measures for the progressive extension of the coverage in case of work-related accidents to ensure that all victims of work-related accidents, or their dependents in case of death, are compensated as set out in the Convention. In addition, the Committee hopes that the Government will be soon in a position to provide comprehensive statistical data on the current coverage and benefits afforded within the workmen’s compensation scheme.

Article 5. Compensation in case of permanent incapacity for work or death. The Committee takes note of the information that courts are the institutions responsible for conducting the review of the circumstances of work accidents and assessing whether the appropriate compensation has been paid and will be properly utilized. Moreover, according to section 13 of the current Workmen’s Compensation Act, workers must rely on the courts in order to properly receive compensation due to a work-related accident, where procedures can be lengthy and costly. The Committee recalls that Article 5 of the Convention provides that, in principle, compensation shall be paid in the form of periodical payments and only authorizes the conversion into a lump sum when the competent authority is satisfied that it will be properly utilized. The Committee requests the Government to provide information on: (i) the number of workers who have received work-related accident compensations in the period under review; and (ii) the number of judicial decisions in this regard. Furthermore, the Committee encourages the Government to ensure that the Workers' Compensation Act currently being drafted fully complies with the provisions of Article 5 of the Convention concerning periodical payments in the case of compensation payable to workers in the event of work-related accidents.

The Committee is raising other matters in a request addressed directly to the Government.