Texts of pending comments

Article 1 of the Convention. Ensuring the coverage and effective protection of workers in case of industrial accidents. The Committee observes that, pursuant to the Workmen's Compensation Ordinance of 1954 (WCO), employers are liable for the payment of compensation in respect of any personal injury by accident caused to their workers in the course of, or arising out of employment. It also observes that, since 2016, employers with more than five employees are obligated to insure their liability with private insurance carriers, according to section 22 of the Insurance Act of 2016. The Committee further observes that, while all employees are covered under the national legislation, they represent only 10.8 per cent of the labour force (ILO, World Social Protection Database, 2021). The majority of workers in the country thus have no entitlement to compensation in case of work-related accidents for being in a work arrangement that does not qualify as employment under the law, or because they operate in the informal economy, which is prevalent, according to Sierra Leone’s 4th National Human Development Report, 2019, published by the United Nations Development Programme (UNDP). In addition, the Committee observes from the 2018 Integrated Household Survey Report that the largest number of workers in the informal economy are located in regions highly engaged in mining and agriculture, considered particularly dangerous activities, characterized by a high rate of injury. Taking into account the small proportion of workers protected by law in case of work-related accidents and the specificities of the labour market, the Committee requests the Government to consider taking measures to broaden the coverage of the workers’ compensation scheme, or introducing new mechanisms of protection, to ensure that all victims of work-related accidents, or their dependents in case of death, are compensated as set out in the Convention. The Committee requests the Government to provide information on any measures taken or envisaged in this respect, with a view to progressively extending the protection of workers under the Convention and recalls the possibility of availing itself of the ILO’s technical assistance for this purpose.

The Committee further requests the Government to supply statistical data, to enable it to assess the manner in which national laws and regulations respecting work accidents are applied in practice in Sierra Leone, including in particular: (i) the total number of workers, employees and apprentices employed by all enterprises, undertakings and establishments, to whom the Convention is applicable; (ii) the total amount of compensation paid in cash and the average amount of compensation paid to victims of work accidents; and (iii) the number and nature of work accidents reported and the number of work accidents in respect of which compensation was paid.

Lastly, the Committee recalls the important role of labour inspection in the application of the Convention, and requests the Government to refer to its detailed comments under the Labour Inspection Convention, 1947 (No. 81).

Article 5. Compensation in case of permanent incapacity for work or death. For more than thirty years, the Committee has been drawing the Government’s attention to the fact that sections 6, 7 and 8 of the WCO, 1954 were not fully aligned with Article 5 of the Convention, by restricting the duration of payment of compensation due in respect of a work accident and limiting its total amount, and allowing a lump sum payment (equal to 42 times the worker’s monthly earnings in case of permanent incapacity for work and 56 times the deceased’s monthly earnings in case of death). In its previous comments, the Committee also noted the Government’s indication on the existence of a bill on worker’s compensation that reflected the provisions of the Convention concerning the payment of compensation due to a work accident throughout the period of contingency, and requested the Government to provide information on it.

The Committee notes the Government’s reply, in its report, that the bill on worker’s compensation has not been adopted yet. The Committee further notes that, according to section 13 (1)(a), (2) of the WCO, 1954, the compensation paid in case of permanent incapacity for work or death due to a work accident shall be transferred to a court which may order that the whole or any part of the compensation to be paid to a person entitled or to be invested, applied or otherwise dealt with for his/her benefit in such a manner as the court thinks fit. The Committee recalls that, according to Article 5 of the Convention, the compensation payable to victims of work accidents, in case of permanent incapacity or death, shall, in principle, be paid in the form of periodical payments, as long as the personal injury subsists or as long as the state of dependency exists. Nevertheless, Article 5 of the Convention allows the compensation due to a work accident be wholly or partially paid in the form of a lump sum, if the competent authority is satisfied that it will be properly utilized. The Committee therefore requests the Government to provide information on the manner in which the court or any other supervisory body conducts a review of the circumstances of work accident victims, and the basis on which that body is satisfied that the compensation in case of permanent incapacity for work or death due to a work accident, when paid as a lump sum, will be properly utilized, in line with Article 5 of the Convention. The Committee also requests the Government to provide information on any progress made in the adoption of the bill on worker’s compensation and to provide a copy of it, once adopted.

Article 9. Medical, surgical, and pharmaceutical aid. (i) Effective access to medical, surgical, and pharmaceutical aid. In its 2019 General Survey, Universal social protection for human dignity, social justice and sustainable development, paragraph 239, the Committee noted the existence of significant shortages of health and social workers in Sierra Leone, which it found to be challenging to guarantee the availability of adequate essential health care of acceptable quality for the population. The Committee further observes the findings of the UNDP’s National Human Development Report, 2019, according to which the health system in Sierra Leone has failed to deliver effective, safe and quality health interventions due to, particularly, a shortage of healthcare workers, high out-of-pocket payments, distance from public health facilities, and poor-quality services.

The Committee requests the Government (i) to indicate the measures in place to ensure the provision of the necessary medical, surgical and pharmaceutical aid to victims of work accidents as well as the effective access of injured workers to such aid, as required by Article 9 of the Convention and (ii) to provide information on the organization of the health services and facilities through which such aid is provided, and on the type of health providers involved in the provision of such aid.

(ii) Provision of medical, surgical, and pharmaceutical aid free of charge. The Committee observes that, by virtue of section 32 of the WCO, 1954, an employer shall defray the reasonable medical expenses incurred by a worker injured in the course of employment. The Committee further observes that, according to section 34 of the WCO, 1954, the fees and charges for medical aid to workers shall be established in accordance with a scale as may be prescribed, and that no claim for an amount in excess of a fee or charge in accordance with that scale shall lie against an employer in respect of any such medical aid. The Committee recalls that, pursuant to Article 9 of the Convention, the cost of medical, surgical, and pharmaceutical aids recognized to be necessary in consequence of work accidents shall be defrayed either by the employer, by accident insurance institutions, or by sickness or invalidity insurance institutions.

The Committee requests the Government to provide information as regards any scale that would have been adopted for the establishment of fees and charges for medical aid, prescribed pursuant to section 34 of the WCO, 1954, together with an explanation of how these fees and charges relate to the cost of medical care and treatment provided by the country’s health services. The Committee further requests the Government to indicate whether the costs of medical, surgical, and pharmaceutical aid incurred by victims of work accidents that would be in excess of the costs established by such scale(s) and therefore not assumed by the employer, are defrayed by an insurance institution, or whether they are at the charge of the injured worker.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee welcomes the indication by the Government that the process of ratification of Convention No. 102 is under way, and that the ratification of Convention No. 121 is being considered. The Committee requests the Government to keep it informed of any progress made in this regard, and invites the Government to take account of the relevant provisions of these Conventions when addressing the points raised above in relation to the application of Convention No. 17.

Articles 1(1) and 2(1) of the Convention. Compulsory agricultural work. For many years, the Committee has been referring to section 8(h) of the Chiefdom Councils Act (Cap. 61), under which compulsory cultivation may be imposed on “natives”. On numerous occasions, the Government indicated that this legislation would be amended. The Government also indicated that section 8(h) of the Act was not applied in practice and, as it was not in conformity with article 9 of the Constitution, it was unenforceable. While noting this information, the Committee urged the Government to take the necessary measures to formally repeal section 8(h) of the Chiefdom Councils Act.

The Committee takes due note of the Government’s information in its report that the draft Employment Bill provides for the repeal of section 8(h) of the Chiefdom Councils Act, Cap 61. The Government also indicates that though there is no express repeal of section 8(h) of the Chiefdom Councils Act (Cap 61), the issue of communal farming for community purpose is rare due to legislation and rights based campaigns. The Committee expresses the firm hope that the Employment Bill which provides for the repeal of section 8(h) of the Chiefdom Council Act will be adopted in the near future. It requests the Government to provide information on any progress made in this regard and to transmit a copy of the repealing legislation, once adopted.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes that according to section 2(1) of the Anti-Human Trafficking Act of 2005, it is an offence for any person to engage in the trafficking in persons both for labour and sexual exploitation. According to section 2(2) of the Act, the term “exploitation” includes: keeping a person in a state of slavery; compelling or causing a person to provide forced labour or services; keeping a person in servitude, including sexual servitude; exploitation of the prostitution of another; engaging in any form of commercial sexual exploitation, and for exploitation during armed conflicts. Section 22 of the Anti-Human Trafficking Act stipulates that any person convicted of the offences related to trafficking in persons shall be liable to a fine or to imprisonment for a term not exceeding ten years or to both. Sections 3 and 4 of the Act provide for the establishment of a National Task Force on Human Trafficking which shall be responsible for receiving and investigating reports of trafficking in persons; coordinating the rendering of assistance to victims; initiating awareness raising measures to educate the public and potential victims on the causes and consequences of trafficking; and cooperating with other governments in the investigation and prosecution of cases of trafficking in persons. Furthermore, according to section 9 of the Act, the activities of the Task Force shall be financed by a fund.

The Committee notes from a report of 2020 of the International Organization for Migration (IOM) that the Sierra Leone High Court has for the first time convicted people accused of human trafficking, sentencing two women to 20 years and eight years respectively on 11 February 2020. According to this report each year, thousands of Sierra Leoneans, including children, are trafficked for forced labour or sexual exploitation in and outside of Sierra Leone. Furthermore, since October 2018, the IOM has supported the country’s National Task Force on Human Trafficking to strengthen the identification and screening of victims of trafficking, and increase their access to protection services and justice. The IOM has further supported the training of 103 government officials in investigating and prosecuting cases of human trafficking and worked on awareness-raising efforts with 116 civil society and media organizations. The Committee requests the Government to continue its efforts to combat trafficking in persons, including through strengthening the capacities of the law enforcement bodies in identifying, investigating and prosecuting cases of trafficking in persons. It requests the Government to provide information on the measures taken in this regard as well as on the application in practice of sections 2(1) and 22 of the Anti-Human Trafficking Act, supplying information on the number of investigations carried out, convictions and penalties imposed. The Committee also requests the Government to provide information on the activities undertaken by the National Task Force on Human Trafficking, as well as on the resources allocated to undertake its tasks as provided for under sections 4 and 9 of the Anti-Human Trafficking Act. The Committee lastly requests the Government to provide information on the protection and assistance measures taken or envisaged for victims of trafficking and on the number of victims who are benefiting from such measures.

Legislation giving effect to the Convention. The Committee notes the information provided by the Government regarding the legislative and regulatory framework that implements the provisions of the Convention, and in particular the indication that the Factories Act of 1974 provides for the protection of workers, including seamen, and that the Maritime Administration ensures that ship-owners comply with the provisions of Part XIII and Section 193 of the Merchant Shipping Act, 2003, which concerns occupational safety and health for seamen. While taking note of this information, the Committee wishes to recall that the provisions of the Convention aim to provide protection to dockers against accidents while performing on shore or on board ship work of loading or unloading any ship engaged in maritime or inland navigation in, on, or at any maritime or inland port, harbour, dock, wharf, quay or similar place at which such work is carried on. In this regard, the Committee recalls that in previous reports, the Government had referred to the Docks Regulation (safety of wharf dockers) Rules, 1960, as implementing the Convention. However, it appears unclear whether these Rules are still in force to ensure the protection of dockers against accidents. Consequently, the Committee requests the Government to specify any up-to-date legislation or regulations that give effect to the provisions of the Convention for the protection of dockers against accidents.

Part V of the report form. Application in practice. The Committee notes the Government’s indication that in practice, accidents are reported to the Ministry of Labour and Social Security; investigations are conducted and compensations are computed in collaboration with the Ministry of Health and Sanitation; and employers then pay compensations to victims, where necessary. The Committee requests the Government to provide available information on the number of inspections carried out in relation to the enforcement of regulations prescribed for the protection of the dockworkers against accidents, the number of contraventions reported, as well as statistical data on the number, nature and causes of accidents recorded in cargo handling operations.

Prospects for the ratification of the most up-to-date Convention. The Committee encourages the Government to review the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this subject area. The Committee requests the Government to provide information on any measures taken in this regard.

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference in 2024 concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176). The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group, and to consider ratifying the most up-to-date instruments in this subject area.

Article 3(1) and (2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comments, the Committee noted that a number of labour inspectors are assigned duties that do not constitute the primary functions of labour inspectors, as set out in Article 3(1) of the Convention. Particularly, the Committee noted that out of 24 labour inspectors: two were assigned to the supervision of work permits, three inspectors focused on matters related to labour migration, three inspectors were charged with employment services for jobseekers and five labour inspectors focused on industrial relations and labour disputes. In its report, the Government indicates that the Ministry of Labour and Social Security (MLSS) recruited 15 Labour Officers and 10 Factory Inspectors in 2014 with specific duties, including labour inspection. The Committee notes that there are currently two senior labour and employment officers assigned to monitor labour migration, and three labour and employment officers and three labour inspectors focused on industrial relations and labour disputes. The Government indicates that following a functional and management review of the MLSS, conducted with the support of the ILO, a new structure is envisaged to facilitate the specialization of staff for executing labour administration activities. The Committee notes that the new structure makes provision for four technical directorates namely the labour and employment, policy, planning and research, occupational safety and health and, social protection. Although the Committee takes note of this information, it notes that, as indicated above, there is still a number of labour inspectors conducting work that does not constitute the primary functions of labour inspectors, as set out in Article 3(1) of the Convention. Furthermore, the Government does not provide information on the total number of labour inspectors. The Committee recalls once again that, pursuant to Article 3(1) and (2) of the Convention, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work (for example, provisions relating to hours of work, wages, occupational safety and health (OSH) and the elimination of child labour). Any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee requests the Government to take specific measures, including in the context of the ongoing labour law reform process and the restructuring of the Ministry, to ensure that any functions assigned to labour inspectors do not interfere with their main objective, to ensure the protection of workers in accordance with Article 3(1) and (2) of the Convention. The Committee requests the Government to provide information on the adoption of such measures and on the total number of labour inspectors.

Article 9. Association of duly qualified technical experts and specialists in the work of the labour inspection services. The Government indicates that the MLSS is taking measures to recruit more staff from various backgrounds and with the requisite qualifications to work in the OSH directorate, but does not provide further specifications in this regard. The Committee requests the Government to specify the measures taken to ensure that duly qualified technical experts and specialists, in areas such as medicine, engineering, electricity and chemistry, are associated to the work of inspection in the area of OSH.

Articles 10 and 11. Resources of the labour inspectorate. The Committee notes with concern that the labour inspectorate continues to face severe resource constraints, having inadequate staff, no access to appropriate inspection tools, offices, or adequate transport facilities. However, the Government indicates that it intends to address these challenges by recruiting additional inspectors, providing more office space, tools and transportation, including by seeking support from development partners. Taking due note of the difficulties in obtaining sufficient funds, the Committee reiterates its firm hope that the Government will be in a position to report on measures taken to secure an adequate number of labour inspectors and access to the tools, materials and transport facilities necessary for the performance of their duties, in accordance with Articles 10 and 11 of the Convention. In this respect, the Committee requests the Government to provide more information on the recruitment procedure for labour inspectors as well as detailed information on the financial and material resources placed at the service’s disposal, for example, the number of vehicles available to inspectors.

Articles 15(c) and 16. Sufficient number of inspection visits and duty of confidentiality of the source of any complaint. In its previous comments, the Committee noted that in practice, only annual regular inspections are performed and requested the Government to indicate whether it is possible for an individual worker to file a complaint confidentially to the labour inspectorate in accordance with Article 15(c) of the Convention. In its reply, the Government indicates that, in addition to the integrated labour inspections, the Ministry also conducts regular factory inspections. Furthermore, it indicates that an individual worker has the right to file a complaint to the MLSS in line with Article 15(c) of the Convention. Recalling that in accordance with Article 16 of the Convention, workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee reiterates its request that the Government indicates how it is ensured that a sufficient number of labour inspections are undertaken and requests that the Government provide information on any practical measures taken in this regard. In this respect, the Committee requests the Government to provide statistical information on the number of labour inspections by indicating the number of labour inspections that were routine visits and those that were made in reaction to a complaint.

Articles 20 and 21. Publication and communication to the ILO of an annual report. The Committee notes that no annual inspection reports have been prepared or communicated to the ILO for many years. Taking due note of the Government’s intention to ensure that the annual integrated labour inspection reports are prepared, published and transmitted to all relevant authorities in the future, the Committee reiterates its hope that the Government will soon be able to take all possible measures in this respect.

Labour law reform. In its previous comments, the Committee noted that the Government sought ILO technical advice on a draft of the Labour Act in the context of the labour law reform. The Committee notes that in 2018, the Office provided its comments to the draft Labour Act, which is intended to consolidate and revise various pieces of legislation, including the Regulation of Wages and Industrial Relations Act (1971). In its report, the Government indicates that the draft legislation is now available but does not indicate the progress made in its adoption. Noting that the labour law reform has been pending for many years, the Committee requests the Government to indicate the progress made towards the adoption of the new Labour Act.

Articles 6 and 7 of the Convention. Recruitment and training of labour inspectors and independence of labour inspectors. In its previous comments, the Committee noted that no training opportunities were provided to labour inspectors in terms of technical or specialized areas. In its reply, the Government indicates that in 2015, the Ministry of Labour and Social Security with support from the ILO conducted training for Labour Inspectors, Labour Officers and Factory Inspectors on general labour administration. In its previous comment, the Committee also noted that, with respect to recruitment of labour inspection staff, one of the factors considered in recruitment is political affiliation. The Committee requested the Government to take the necessary measures to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties. The Committee regrets that the Government does not address this request in its report and once again recalls that, pursuant to Article 6 of the Convention, labour inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of improper external influences. The Committee also recalls that, pursuant to Article 7, they shall be recruited with sole regard to their qualifications for the performance of their duties. Therefore, the Committee once again requests the Government to take the necessary measures as soon as possible to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties, in accordance with Article 7 of the Convention. Taking due note of the limited resources available, the Committee requests the Government to provide information on the content, frequency and duration of the training given to inspectors, as well as the number of participants.

Article 12(1)(a). Unannounced visits and free entry into workplaces liable to inspection. In its previous comments, the Committee noted that under Article 12 of the Convention, labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice any workplace liable to inspection. It requested the Government to take the necessary measures, including in the context of the ongoing labour law reform process, to ensure that labour inspectors are empowered, in law and in practice, to enter freely and without previous notice any workplace liable to inspection. In its reply, the Government indicates that the Regulation of Wages and Industrial Relations Act, 1971, and the Factories Act, 1974 make adequate provisions for labour inspectors to enter freely and without previous notice to any workplace liable to inspection. It also indicates that similar provisions have been included in relevant draft labour legislation. The Committee takes note of this information and requests the Government to provide a copy of the new legislation, once adopted.

Article 18. Adequate penalties. In its previous comments, the Committee noted that the fines established in the Factories Act, 1974 are quite low, and requested the Government to take the necessary measures to ensure the establishment of adequate penalties for the legal provisions enforceable by labour inspectors. The Government acknowledges that the existing penalties are indeed inadequate, but indicates that new penalties have been incorporated in the draft labour legislation. The Committee hopes that the new legislation will ensure the establishment of adequate penalties for breaches of the legal provisions enforceable by labour inspectors and requests the Government to provide a copy, once the new legislation is adopted.

Articles 2, 4 and 5 of the Convention. Contractual provisions. Inspections and sanctions. Application of the Convention in practice. For a number of years, the Committee has been requesting the Government to submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of public procurement reforms, including the adoption of the Public Procurement Act of 2004. The Committee notes the information provided by the Government in its report, which sets out a list of relevant laws and regulations, and refers to “the labour clauses in public procurement contracts”. The Government also indicates that the national laws specifically regarding the insertion of clauses in public contracts are still in force. The Committee also notes the annexes to the report, consisting of copies of the Workmen’s Compensation Act; an article concerning the Industrial Relations Act, 1971; the National Social Security and Insurance Trust Act, 2001; the National Employment Policy 2020–2024; and the Companies Act, 2009. The Committee notes, however, that the Government does not provide any description or information on the public procurement reforms, nor does it clarify its reference to “the labour clauses in public procurement contracts”. The Government merely indicates that the manner in which the Convention is applied in practice is well-appreciated by the stakeholders and that the Ministry of Labour and Social Security deals with matters fairly in respect of how it treats issues emanating from contracts, be they public–private contracts or contracts between private parties. The Committee nonetheless notes the adoption of the Public Procurement Act, 2016, the Public Procurement Regulations, 2020 and the Public Procurement Manual, Second Edition, 2020, none of which contain substantive provisions regarding the obligation set out in Article 2(1) of the Convention to insert labour clauses in public procurement contracts that ensure “to the workers concerned wages (including allowances), hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the trade or industry concerned in the district where the work is carried on: (a) by collective agreement or other recognized machinery of negotiation between organizations of employers and workers representative respectively of substantial proportions of the employers and workers in the trade or industry concerned; or (b) by arbitration award; or (c) by national laws or regulations”. Consequently, the Committee notes that the Government has not provided the requested information concerning the measures taken to give concrete effect to the main requirements of the Convention, namely the insertion of labour clauses in public contracts required under Article 2 of the Convention. The Committee requests the Government to provide detailed and updated information on the application of the Convention in practice. In particular, it requests the Government to indicate specifically whether the Administrative Regulation- Secretariat Circular No. 23 of 1946, which met the requirements of the Convention at the time of its ratification by Sierra Leone, is still in force. In addition, it reiterates its request that the Government submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of public procurement reforms. The Committee further requests the Government to provide examples of public contracts issued during the reporting period containing labour clauses within the meaning of the Convention, to enable the Committee to fully examine the manner in which the Convention is implemented in law and practice.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos. 26 and 99 (minimum wages) and No. 95 (wage protection) together.

The Committee notes the observations of the Sierra Leone Employers Federation (SLEF) on the implementation of Conventions Nos. 26, 95 and 99, transmitted with the Government’s report.

Legislative developments. The Committee previously noted that in the context of the revision of the national labour legislation, a draft Labour Act was prepared with the assistance of the Office. The Committee notes that in its report the Government indicates that consideration has been given to the Office comments to the Draft Labour Law provided in 2018, but that the Labour Act has not been adopted yet. The Committee requests the Government to provide information on the finalization of the labour law reform and to transmit a copy of any newly adopted legislation relevant to the application of the Conventions.

Articles 3 of Convention No. 26 and Article 3 of Convention No. 99. Operation of minimum wage-fixing machinery. The Committee notes the Government’s indication that the Government Notice No. 131, issued by the Joint National Negotiating Board, set a national minimum wage effective from 1 July 2020. The Government also indicates that the current minimum wage is not adequate to match the living standards of an average worker due to the current economic situation and that the new national minimum wage has had an impact on the employment rate. The Committee further notes that in its observations, the SLEF indicates that reviews of some Collective Bargaining Agreements have been concluded considering the prevailing circumstances related to the Covid-19 pandemic, and that they expect similar consideration during the review of the minimum wages. The Committee requests the Government to continue its efforts related to the operation of its minimum wages fixing machinery in consultation with social partners and to provide information on any development in this respect, including reviews of sectoral minimum wages through collective agreements.

Articles 5, 6, 7, 8, 12, and 13 of Convention No. 95. Direct payment. Freedom of workers to dispose of their wages. Works stores. Deductions. Regular payment of wages. Place and time of payment. Prohibition of payment in taverns and the sort. The Committee notes that the relevant legislation, mainly the Employers and Employed Act as amended by Amendment Act No. 23 of 1962, does not contain provisions giving effect to Articles 5, 6, 7, 12 and 13 of the Convention. Moreover, the Committee recalls that section 19(1) of the Regulation of Wages and Industrial Relations Act, No. 3 of 1971 provides that, where a minimum rate of wages has been confirmed by direction of the Commissioner of Labour under this Act, an employer shall, in cases to which the minimum rate is applicable, pay wages to the worker at not less than the minimum rate clear of all deductions. In this regard, it is recalled that Article 8 of the Convention covers all wages. In this context, the Committee requests the Government to take the necessary measures, including through the ongoing process of revision of the labour legislation, to give full effect to all the Articles of the Convention and to provide information on any progress made in this regard.

Articles 1 and 2 of the Convention. Application of the principle of equal remuneration for men and women for work of equal value in law. Previously, the Committee requested the Government to provide information on the status of the draft Labour Act. It also requested the Government to take the necessary measures to raise awareness of the principle of equal remuneration for men and women for work of equal value among workers, employers, labour officials and judges, such as disseminating training material and organizing specific training sessions. The Committee notes that in its report the Government provides information about the withdrawal of various Labour Bills and indicates that the Ministry of Labour and Social Security (MLSS) is currently discussing the matter with the social partners. The Government also indicates that the MLSS conducts awareness-raising activities on the principle of the Convention. The Committee further notes that the National Employment Policy 2020-2024 includes the promotion of “equal remuneration for work of equal value for both men and women” under its sixth pillar “Enhance Labour Standards and Social dialogue for Decent Work”. The Committee asks the Government to provide information on any new development concerning the drafting and adoption of the draft Labour Act. It also asks the Government to provide information on the implementation of the National Employment Policy in so far as the principle of the Convention is concerned, including information on any promotional activities undertaken in collaboration with the social partners.

Article 3. Objective job evaluation. Public sector. In its previous comments, the Committee requested the Government: (1) to provide information on the progress made in the establishment of the Wages and Compensation Commission, and the adoption of the bill on wages and compensation; (2) to supply information on any job evaluation exercise carried out and the establishment of a new pay structure; and (3) to indicate how it is ensured that job evaluation exercises are free from gender bias and that skills typically identified with women are not overlooked or undervalued. The Committee notes the Government’s indication that the Wages and Compensation Bill awaits debate and subsequent enactment in Parliament. The Government also states that the Bill is the result of a job evaluation exercise. The Committee asks the Government to provide information on the status of the Wages and Compensation Bill and on the job evaluation undertaken in connection with the drafting of the Bill, including information on the steps taken to ensure that the job evaluation was free from gender bias and that skills typically identified with women were not overlooked or undervalued.

Statistics. The Committee previously requested the Government to provide statistical information, disaggregated by gender, on the labour market and the remuneration of workers, with a view to evaluating the gender pay gap. The Committee notes the Government’s statement that it is not in a position to provide such information due to the limited capacity to collect it through the regular undertaking of labour force surveys. It recalls the importance of statistical information to determine the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments. The Committee hopes that the Government will be in a position to supply statistics on the earnings of men and women in the various sectors and occupations of the economy in the near future and reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Articles 1 and 8 of the Convention. Right to annual holidays with pay. In its previous comments, the Committee requested the Government to amend section 12(a) of Government Notice No. 888 of 5 December 1980, which permits the deferral of annual leave for a period of up to two years or for longer with both the employee's and the union's consent. In this respect, the Committee recalled that Article 1 of the Convention provides that workers covered by the Convention should be granted an annual holiday with pay and that, under Article 8, any agreement to relinquish the right to annual holiday with pay, or to forgo such holiday, must be void. The Committee notes that, in the context of the revision of the national labour legislation, the Government requested technical assistance from the Office, which provided comments on a draft Labour Act in 2018. The Committee also notes that the abovementioned draft Act has not been adopted yet. Hoping that in the framework of the legislative revision process, the above comments will be taken into account so as to ensure full conformity with the Convention, the Committee requests the Government to provide information on any progress made in this regard.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. 1. Public Order Act of 1965. The Committee previously requested the Government to amend the provisions of sections 32 and 33 of the Public Order Act of 1965 according to which offences related to the publication of false news and seditious offences are punishable with imprisonment not exceeding one year or seven years, respectively (which may involve compulsory labour by virtue of section 51 of the Correctional Service Act of 2014). The Committee notes with interest that Part V (sections 26 to 37) of the Public Order Act of 1965 concerning defamatory and seditious libel has been repealed by the Public Order (Amendment) Act of 2020.

The Committee also noted, in its previous comments, that contravening the requirements set forth under section 24 of the Public Order Act of 1965 for convening or holding a public meeting is punishable with a fine or imprisonment for a period not exceeding six months (which may involve compulsory labour). The Committee recalls that the Convention protects persons who express political views or views ideologically opposed to the established political, social or economic system by establishing that in the context of activities they carry on for these purposes (like for example holding a public meeting) they cannot be punished with sanctions involving an obligation to work. The Committee requests the Government to indicate the scope of liability for individuals who contravene section 24 of the Public Order Act. It also requests the Government to provide information on the application of this provision in practice, including on courts decisions handed down and any sanction that may have been imposed.

2. Political Parties Act, 2002. In its previous comments, the Committee 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), and that under section 28 of the Act the executive members of a political party that do so are liable on conviction to a term of imprisonment not exceeding one year (which may involve compulsory labour). The Committee requested the Government to provide information on the application in practice of these sections, including information on the activities of the PPRC.

The Committee notes that the Government refers to two instances where the PPRC mediated and resolved a political impasse concerning two national parties. The Committee requests the Government to continue to provide information on the activities of the PPRC with regard to the issuance or refusal of final certificates of registration of political parties (section 12(5)) as well as on the application in practice of section 28 of the Political Parties Act, including relevant court rulings and any sentences imposed.

3. Independent Media Commission Act, 2000. 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 license from or registration by the Independent Media Commission (IMC) is liable on summary conviction to a term of imprisonment not exceeding two years (which may involve compulsory prison labour). The Committee requested the Government to provide information about the application of section 40 of the Act in practice, including information on activities of the IMC involving the denial of licensing and registration of media institutions, as well as on any relevant cases involving prosecutions under this section and the imposition of prison sentences. The Committee notes that the Independent Media Commission Act, 2000, has been repealed by the Independent Media Commission Act, 2020. It notes with interest that the contraventions of the relevant provisions of the Act, 2020, are punishable with fines only.

Articles 1, 2 and 3 of the Convention. Anti-discrimination legislation and national equality policy. In its previous comment, the Committee asked the Government to provide information on any progress made towards the adoption of the Labour Bill developed in 2017 and on any other measures envisaged or adopted to address discrimination and promote equality in practice. The Committee notes that in its report the Government provides information on the withdrawal of various Labour Bills and indicates that the Ministry of Labour and Social Security (MLSS) is currently discussing the matter with the social partners. The Committee also notes that the National Employment Policy 2020-2024 includes the promotion of equality and the elimination of all forms of discrimination and violence, including gender-based violence, at the workplace under its sixth pillar “Enhance Labour Standards and Social dialogue for Decent Work”. The Committee asks the Government to provide information on the status of the Labour Bill. It also asks the Government to supply information on the measures adopted under the National Employment Policy to promote equality and eliminate discrimination on at least all the grounds listed in Article 1(1)(a) of the Convention, in respect of both employment and occupation, and their outcomes.

Discrimination based on sex. Previously, the Committee asked the Government to provide information on the progress and the challenges encountered towards achieving the key targets set in the National Development Plan 2019–23, namely ensuring that more women are in leadership positions in Government and more women are supported to engage in entrepreneurial activities. It also asked the Government to provide copies of the National Employment Policy and the National Gender Strategic Plan (2019-2023). The Committee notes that, in the context of the Universal Periodic Review (UPR), conducted under the auspice of the United Nations (UN) Human Rights Council, the Government acknowledges that gender discrimination is largely a result of long-standing social and cultural norms and gender stereotyping that dictate relationships, roles, and responsibilities between men and women, as well as access to power, resources, and privileges. It adds that these norms are further reinforced by a range of discriminatory laws, including statutory and customary laws. Even when national laws are enacted to address these inequalities, effective enforcement has always been the major challenge for some sociological reasons (A/HRC/WG.6/38/SLE/1, 16 February 2021, paragraph 44). In this connection, the Committee notes that on 3 December 2020, the Government launched the Gender Equality and Women Empowerment Policy, which aims at changing social norms and perspectives and guaranteeing equality, inclusion, and access to rights, resources and opportunity for all. The Committee furthermore notes that gender-based violence against women and girls remain pervasive in the country (A/HRC/WG.6/38/SLE/3, 25 February 2021, paragraph 60). The Committee welcomes the adoption of the Gender Equality and Women Empowerment Policy and asks the Government to provide a copy of the Policy as well as information on its implementation as regards the elimination of discrimination based on sex in employment and occupation. Recalling that sexual harassment is a serious manifestation of sex discrimination and undermines equality at work by calling into question the integrity, dignity and well-being of workers, the Committee also requests the Government to provide information on the measures taken to prevent and address sexual harassment in employment and occupation, including in the rural areas. The Committee further reiterates its request for information on the progress made and the challenges encountered towards achieving the key targets set in the National Development Plan 2019–23, i.e. ensuring that more women are in leadership positions in Government and more women are supported to engage in entrepreneurial activities.

Article 1(1)(b). Additional grounds. HIV status and disability. The Committee previously asked the Government to provide information on: (1) the progress and challenges towards achieving the key targets set in the National Development Plan 2019–23, namely increase the proportion of persons with a disability benefiting from social protection systems (cash transfers) by 20 per cent and to support 60 skills and life skills training centres for persons with disabilities; (2) any measures adopted or envisaged to raise awareness among workers, employers and their organizations on 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; and (3) the application of the exception under section 23(2) of the Prevention and Control of HIV and AIDS Act of 2007, that is of cases where the employer has been able to prove to the court that the requirements of the employment in question were such that a person must be in a particular state of health or medical or clinical condition to be recruited, employed or promoted. The Committee notes that according to the Government the achievement of the key targets on persons with disabilities that have been set in the National Development Plan 2019 – 23 is challenged by the absence of a dedicated policy or strategy; negative attitudes and non-compliance with the provisions of the Persons with Disability Act, 2011; and lack of funds to monitor compliance as well as lack of credible data. Noting the challenges identified by the Government, the Committee asks it to provide information on any measures envisaged or adopted to tackle them, in particular any measures directed at promoting reasonable accommodation to enable persons with disabilities to access to and progress in employment and occupation and support their access to training. The Committee also again requests the Government to provide information on the application of the exception under section 23(2) of the Prevention and Control of HIV and AIDS Act of 2007, concerning cases where the employer has been able to prove to the court that the requirements of the employment in question were such that a person must be in a particular state of health or medical or clinical condition to be recruited, employed or promoted.

Article 2. Equality of opportunity and treatment for men and women. Education, vocational training, employment and occupation. In its previous comments, the Committee requested the Government to provide information on concrete measures taken or envisaged with regard to: (1) the adoption and implementation of the Gender Equality and Women’s Empowerment Policy and Bill; (2) the equal access and maintenance of girls in school, at all levels of education; (3) the horizontal and vertical gender segregation in the labour market, through vocational guidance and training; (4) the promotion of equal access of women to wage employment both in the private and the public sectors, including to higher-level positions; and (5) the employment situation of women in rural areas. The Committee notes the Government’s indication that a Gender Bill has been approved by Cabinet in July 2021. It takes notes that the Bill has been submitted to the Parliament on 21 October 2021. Concerning the situation of women in rural areas, the Government informs that the vast majority of them, over 90 per cent of women, are mostly employed in the informal economy. The Committee notes from the Government’s report in the context of the UPR that: (1) on 23 March 2017, the Government launched a new National Land Policy to address land-based discrimination, especially against women; and (2) the ban on pregnant girls in school that was introduced in 2015 was lifted on 30 March 2020 (A/HRC/WG.6/38/SLE/1, paragraphs 27 and 47). Noting the information above, the Committee asks the Government to provide information on: (i) any development concerning the adoption of the Gender Bill (please supply a copy); ii) the measures taken to promote equality of opportunity and treatment for women rural workers, including any measures directed at ensuring the access, without discrimination, to the material goods and services required to carry out their occupations, such as access to land, credit facilities, markets, and training opportunities; iii) the measures adopted to tackle horizontal and vertical gender segregation in the labour market, through vocational guidance and training; and iv) the measures adopted to promote greater access of girls to education and prevent their drop-out, including any measures directed at promoting girls’ retention in and return to school in case of pregnancy.

For a number of years, the Committee has drawn the attention of the Government to the fact that the national legislation does not contain provisions to give effect to Part II of the Convention (prohibition of the sale, hire, transfer in any other manner and exhibition of unguarded machinery) and that it does not provide for the full application of Article 17 of the Convention (which applies to all sectors of economic activity), as national laws do not apply to certain branches of activity, such as sea, air or land transport, and mining.

Since 1979, in reply to the Committee’s comments, the Government has indicated that a Bill to revise the 1974 Factories Act was being drafted, which would contain provisions consistent with those of the Convention, and would apply to all branches of economic activity. In its report submitted in 1986, the Government indicated that the draft Factories Bill, 1985, which contained provisions to give effect to Part II of the Convention, had been examined by the competent parliamentary committee and submitted to Parliament for adoption. The Committee requested the Government to indicate the stage of adoption of the Bill.

In its report, the Government indicates that the Factories Bill has not been adopted and that, in 2018, the Factory Inspectorate was renamed the Directorate of Occupational Safety and Health and that a new instrument entitled “the Occupational Safety and Health Bill” has been drafted.

The Committee requests the Government to provide information on the OSH-related duties and responsibilities of the Factory Inspectorate. It also expresses the hope that the draft Occupational Safety and Health Bill will be adopted in the near future and will contain provisions which would give effect to Part II and Article 17 of the Convention. The Committee requests the Government to provide a copy of this text, once it has been adopted.

The Committee notes the Government’s reports on the application of Conventions Nos 125 and 126 on the fishing sector. In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on fishing, the Committee considers it appropriate to examine them together.

The Committee notes that the Government indicates that the fishing industry operates mainly along coastal waters. Its fishing fleet consists of an estimated total of 138 decked vessels and includes trawlers or shrimpers which produce fish for the local market and high-priced export products. A significant portion of the fleet is made up of foreign vessels operating under licence agreements as well as joint-venture arrangements. Artisanal fishing activities are carried out by an estimated 7,395 canoes employing around 44,000 fishers and inland fishing is mostly undertaken at subsistence level with the involvement of about 27,000 fishers. The Committee notes that the information provided by the Government confirms the relevance of the Conventions under examination for the country.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of fishers’ rights as laid out in the Conventions. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on fishers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on fishers’ rights.”.

Fishermen’s Competency Certificates Convention, 1966 (No. 125)

Articles 3–15 of the Convention. Certificates of competency and professional experience required. Further to its previous comments requesting the Government to provide detailed information on any concrete progress made with respect to the adoption of national laws implementing the Convention, the Government refers to a number of legislative provisions related to management and development of fisheries and aqua culture, which, however, are not relevant for the implementation of the Convention. The Committee accordingly requests the Government, once again, to adopt without delay the necessary measures to give effect to the Convention.

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

Articles 6, 10 and 12 of the Convention. Crew accommodation. In its previous comment, the Committee requested the Government to provide information on any concrete progress made in respect of the adoption of new legislation ensuring the implementation of Article 6(7)–(9) and (11)–(16) of the Convention (structure and arrangement of crew accommodation), Article 10(22) and (26) (furniture and berthing), and Article 12(2), (7), (10) and (11) (sanitary and laundry facilities), in respect of vessels of 75 gross registered tons or more. In the absence of information on any developments in this regard, the Committee requests the Government to adopt the necessary measures without delay to give effect to these requirements of the Convention.

Article 2(1). Scope of application. The Committee previously noted that section 125 of the Child Rights Act (2007) sets the minimum age of full-time employment at 15 years in the formal and informal economies. However, according to sections 52 and 53 of the Employers and Employed Act of 1960 (as amended in 1962), children under the age of 15 years shall not be employed or work in any public or private industrial undertaking, or any branch thereof or on any vessel, other than an undertaking or vessel in which only members of the same family are employed. The Committee requested that the Government takes step to address this discrepancy with respect to the application of the minimum age provisions in the Employers and Employed Act and the Child Rights Act.

The Committee notes the response of the Government, in its report, that the Labour Bill of 2018 harmonises national legislation including the Employers and Employed Act of 1960 (as amended in 1962), the Registration of Employees Ordinance (Cap 213), and the Recruitment of Employees Ordinance (Cap 216). The Committee also observes that the Labour Bill in section 102 prohibits the employment of children below the age of 15 in any industrial undertaking, and section 1 defines an industrial undertaking to include mines, quarries and other works for the extraction of minerals from the earth; industries in which articles are produced or processed, including industries concerned with the generation and transmission of electricity and motive power of any kind; industries concerned with the construction and repair of buildings and installations; and industries concerned with the transport of passengers or goods. However, the Committee notes that section 104(2) of the Labour Bill excludes commerce and agriculture from the definition of industrial undertakings. Noting the prevalence of child labour in Sierra Leone’s informal sector including the commerce and agricultural sectors, the Committee once again requests the Government to take the necessary measures to ensure that children working in all branches of economic activity, including the informal economy, benefit from the protection laid down in the Convention.

Article 3(2). Determination of the types of hazardous work. The Committee previously requested the Government to take necessary measures to ensure that a List of Hazardous Work Prohibited to Children under the age of 18 years is adopted. The Committee notes the Government’s information that the List of Hazardous Work Prohibited to Children under the age of 18 years has been developed, adopted, disseminated and being used by Labour Officials and their partners. Recalling the previous response of the Government that the List of Types of Hazardous Child Labour would be passed by Cabinet as a Statutory Supplementary Instrument, the Committee notes that the copy of the hazardous list, which the Government has provided as a part of its report, is not formatted as a regulation prohibiting hazardous types of work.

The Committee recalls the need for the List of Types of Hazardous Work to be hinged upon national laws or regulations, in consultation with the organizations of employers and workers concerned. The Committee therefore urges the Government to take the necessary measures without delay to ensure that the List of Types of Hazardous Work prohibited to Children under the age of 18 in Sierra Leone will be adopted in the form of a regulation or statutory instrument. The Committee requests that the Government provide information on progress made in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee previously noted that section 54(2) of the Employers and Employed Act permits underground work in mines of male persons who have attained the age of 16 years with a medical certificate attesting fitness for such work. It also noted that there were no provisions that establish the requirement to ascertain that young persons between the ages of 16 and 18 years that are engaged in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3(3) of the Convention.

The Committee notes the response of the Government that it will review the Labour Bill to reflect principles enshrined in Article 3(3) of the Convention. The Committee further observes with interest that section 102(2) of the Labour Bill expressly prohibits the employment of children below the age of 18 in underground mines. Noting the conformity of section 102(2) of the Labour Bill with the Convention, the Committee requests the Government to ensure that this provision is retained during the enactment of the Labour Bill.

Article 6. Vocational training and apprenticeship. The Committee previously noted that according to section 135 of the Child Rights Act, the minimum age at which a child may commence apprenticeships, including in the informal economy (section 134), shall be 15 years or after completion of basic education, whichever is later. The Committee also noted that, according to section 59 of the Employers and Employed Act, any person of 14 years and above may apprentice himself to any trade or employment. However, according to section 57 of this Act, the father or the guardian of a child above the age of 12 years may, with the consent of that child, apprentice such child to trade or employment in which art or skill is required, or as a domestic worker. The Committee recalled that under Article 6 of the Convention, a young person must be at least 14 years of age to undertake an apprenticeship.

The Committee notes the response of the Government that the Labour Bill 2018 would address the issue of minimum age for apprenticeship and set the same to at least 14 years. The Committee also observes that section 107 of the Labour Bill sets the minimum age at which a child may commence an apprenticeship with a Craftsman to be 15 years or after completion of basic education. Noting the conformity of section 107 of the Labour Bill with Article 6 of the Convention, the Committee requests that the Government take steps to ensure a minimum age of 14 years for apprenticeship is retained during the enactment.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee previously noted that section 127 of the Child Rights Act determines the minimum age for the engagement of a child in light work as 13 years and defines light work as work that is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from schoolwork. However, the Committee also noted that section 51 of the Employers and Employed Act provides for an exception to children under the age of 12 years to be employed by a member of the family of such a child to engage in light work of an agricultural, horticultural or domestic character and which has been approved by the competent authority. The Committee recalled that, under the terms of Article 7(1) of the Convention, light work activities may be permitted only to persons between 13 and 15 years of age provided that such work is not likely to be harmful to their health or development and does not prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received.

The Committee notes the response of the Government that the Labour Bill will address the issues raised with respect to the age for admission to light work and determination of light work in Sierra Leone. The Committee observes that section 103(1) of the Labour Bill sets the minimum age for the engagement of a child in light work at 13 years. The Committee also notes that the Bill, in section 104, reiterates the position of the Child Rights Act and defines light work to mean any work which is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from schoolwork. Noting the conformity of the provisions of the Labour Bill with respect to the minimum age for admission to light work, the Committee, therefore, requests the Government to take the necessary measures to ensure that these provisions are retained during the enactment of the Labour Bill. It also requests the Government to take the necessary measures to determine light work activities as well as the conditions in which light work may be permitted and the number of hours during which such employment of children may be undertaken, ensuring that children have sufficient leisure time and do not miss school.

Application of the Convention in practice. The Committee previously expressed its deep concern at the large number of children involved in child labour and hazardous work. It urged the Government to pursue efforts to prevent and eliminate child labour in Sierra Leone. It also requested the Government to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons.

The Committee notes the response of the Government that it is pursuing efforts through the review of existing legislation and conduct of inspections and ensuring collaborative partnerships between its ministries, departments and agencies to make sure that child labour is prevented and eliminated. The Committee also notes the plan of the Government to establish a labour market information system (LMIS) that would provide information to support the fight against child labour.

The Committee observes that the response of the Government does not provide current statistical data on the employment of children and young persons. However, an analysis of child economic activity and school attendance statistics from Sierra Leone’s national household or child labour surveys, specifically, data from the Multiple Indicator Cluster Survey 6 (MICS 6), 2017, puts the percentage of children aged between 4–15, who are only working (without attending school) at 32 per cent. The Committee also notes that the Government did not publish any data on child labour in 2020, and thus there is limited information on the impact of COVID-19 on the campaign against child labour in Sierra Leone.

The Committee again expresses its deep concern at the large number of children involved in child labour and in hazardous work. It urges the Government to continue to take the necessary measures to prevent and eliminate child labour within the country. It also requests the Government to provide information relating to the application of the Convention in Sierra Leone, including statistical data on the employment of children and young persons below the age of 15.

The Committee expresses the hope that the Government will take into consideration the Committee’s comments while revising the Labour Bill. It further expresses the firm hope that the revised Bill will be adopted in the near future. The Committee invites the Government to avail itself of ILO technical assistance in order to bring its legislation into conformity with the Convention.

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the commitment of the Government to develop an implementation strategy for the National Child Welfare Policy and the National Child Protection Policy. It also requested that Government take the necessary measures to implement the National Child Labour Policy and adopt the National Child Protection Policy and the Child Labour Action Plan.

The Committee notes the information provided by the Government in its report that it has taken measures to develop and implement the National Child Welfare Policy and the National Child Protection Strategy, alongside other measures which include the promotion of positive change and discouragement of harmful customs and traditions. The Committee also notes the information provided by the Government that it is involving civil society, children and youths in the implementation of the National Child Welfare Policy and the National Child Protection Strategy.

The Committee notes the response of the Government that the Child Labour Action Plan has been reviewed but not yet validated nor has it been adopted. The Committee also notes with concern the information provided by the Government that the National Employment Policy and the National Social Protection Policy have had limited impact on the fight against child labour. However, it notes the plans of the Government to establish a Tripartite-Plus Committee on Employment (TCEP) that will guide the work of key stakeholders/sectors involved in the implementation of the National Employment Policy and develop an Action Plan that will translate all the policy recommendations into specific, measurable policy activities and targets expected to be achieved within stipulated time frames. Noting that a strategic policy objective of the National Employment Policy (2020–2024) is the promotion of adherence to relevant international labour standards, including the abolition of child labour, the Committee requests that the Government take the necessary measures to implement the National Employment Policy and adopt the Child Labour Action Plan. It also requests for information from the Government on concrete measures taken to implement the National Child Welfare Policy and the National Child Protection Strategy, as well as to provide information on the operationalisation of the Tripartite-Plus Committee on Employment, and the results achieved in the area of child labour elimination.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that the Education Act of 2004 provided for free and compulsory basic education, comprising of six years of primary education and three years of junior secondary education to all its citizens (section 3(1) and (2)). The Committee, however, expressed concern about the discrimination against girls with regards to access to free education. It requested the Government to take steps to reduce discrimination in access to education and increase the school enrolment, attendance and completion rates of children under the age of 15.

The Committee notes the response of the Government that it provides free school feeding and learning materials to ensure high school retention rates and supports the Free Quality Education Policy. The Government also indicates that innovative technology is being employed to access school data including National Examination Results.

The Committee notes that, according to the 2020 report of the UNESCO Institute of Statistics, the gross enrolment ratio of children in pre-primary education increased from 9.3 per cent in 2015 (8.8 per cent male and 9.8 per cent female) to approximately 20 per cent in 2020 (19.8 per cent male and 21.9 per cent female). The Committee also notes that the net enrolment rate in primary education reached 98.1 in 2016, but no data is available for the net enrolment rate in 2020. However, the completion rate to the last grade of primary school stood at 39.91 per cent in 2019. The Committee notes with interest that the percentage of effective transition rate from primary to lower secondary general education stood at 99.3 per cent in 2019. The Committee, therefore, requests that the Government continues in its efforts to increase the school enrolment and attendance rates and reduce the school drop-out rates, both in primary and lower secondary school, to prevent children under the age of 15 years from working. It requests that the Government continue to provide information on the steps taken in this regard.

Labour inspectorate. The Committee previously noted the provisions of sections 132 and 133 of the Child Rights Act which empower a district labour officer to carry out inquiries related to the enforcement of the rights of children and young persons engaged in the formal and informal economy. It requested the Government to take active steps to ensure the effective monitoring of children working in the formal and informal economy and provide information on the functioning of Child Labour Units concerning the child labour inspections carried out and, on the number, and nature of violations detected.

The Committee notes the response of the Government that the Ministry of Labour and Social Security is undergoing transition into a directorate system, which will provide for the Directorate of Labour and Employment and establish a Labour Inspection Unit for the monitoring of workers, including children working in both formal and informal sectors.

The Committee also observes that section 5 (3) of the Labour Bill empowers the commissioner of Labour, authorized labour officers or occupational safety and health officer to inspect both formal and informal workplaces including securing the enforcement of legal provisions relating to terms and conditions of employment and work, discrimination and the protection of employees [including children] while engaged in their work. Noting the information provided by the Government that the capacity of the staff of the Ministry of Labour and Social Security has been built to conduct child labour monitoring, and the staff of the Child Labour Unit of the Ministry will participate in integrated labour inspections, the Committee requests the Government to provide specific information on the child labour inspections carried out and, on the number, and nature of violations detected.It also requests that the Government provide information on any progress made concerning the composition and functioning of the Child Labour Unit of the Ministry of Labour and Social Security.

Article 8. Artistic performance. The Committee previously noted that section 29 of the Child Rights Act provided that no person shall deprive a child (defined as persons under the age of 18 years) of the right to participate in sports or cultural and artistic activities or other leisure activities. Accordingly, the Committee requested that the Government indicates the measures taken to establish a system of individual permits for children below the age of 15 years, who work in artistic performances under Article 8 of the Convention.

The Committee notes the response of the Government that national laws, through the labour bills, would be reviewed to ensure compliance with Article 8 of the Convention. The Committee observes that the Labour Bill makes no provision for the regulation of the work of children engaged in artistic performances. The Committee once again requests that the Government indicate whether in practice children below 15 years of age participate in artistic performances. If so, the Committee reminds the Government of the possibility, under Article 8 of the Convention, of establishing a system of individual permits for children under the minimum age, who work in activities such as artistic performances, after consultation with the organizations of employers and workers concerned. Such permits shall limit the hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee once again requests the Government to indicate the measures taken in this regard.

Article 9(1). Penalties. The Committee previously noted that section 131 of the Child Rights Act provided that any person who contravenes the provisions of Part VIII of the Act related to the employment of children shall be liable to a fine not exceeding 10 million Sierra Leonean leones (SLL) (equivalent to approximately US$2,320) or to imprisonment for a term not exceeding two years or to both. Regarding penalties under the Employers and Employed Act, section 86 states that any person who fails to comply with the provisions of this Act shall be deemed to have committed an offence and shall be liable to a fine of 50 pounds (about US$81), or imprisonment with or without hard labour, for six months, or to both such fine and imprisonment.

The Committee notes the absence of information from the Government in this regard. The Committee once again requests that the Government provides information on the application of the penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Trafficking in children. The Committee previously noted that section 2 of the Anti-Human Trafficking Act (2005) penalized trafficking in persons for exploitation. Noting the limited prosecution and conviction rates under the Anti-Human Trafficking Act (2005), and the absence of a specific action plan to implement the Act, the Committee previously requested the Government to ensure that thorough investigations and robust prosecutions of offenders are carried out.

The Committee notes that the Anti-Human Trafficking Act (2005) establishes the National Task Force on Anti-Human Trafficking and empowers the task force to coordinate the implementation of the Act, especially concerning the enforcement of the law against trafficking and the prosecution of corrupt public officials who facilitate trafficking. The Committee also notes that the National Task Force on Anti-Human Trafficking adopted a new 2021–2023 Anti-Trafficking National Action Plan, which contains a strategic objective to ensure that human trafficking and smuggling incidents are thoroughly investigated, and cases successfully prosecuted, with expected results of at least 35 trafficking cases investigated in 2021, 40 in 2022 and 45 in 2023. It further notes the information that the Government allocated 1 billion Leones ($103,740) to anti-trafficking efforts in the fiscal year 2020.

The Committee, however, notes from the report of the Government that only four successful prosecutions of offenders in both 2020 and 2021. It also notes the absence of a report on the allocation of funds for the Government's anti-trafficking efforts in the fiscal year 2021, and the adverse effect this might have on anti-trafficking efforts including the implementation of the anti-human trafficking national action plan. The Committee, therefore, reiterates its request to the Government to strengthen its efforts to combat trafficking in children and to ensure that thorough investigations and prosecutions of offenders are carried out and sufficiently effective and dissuasive penalties are applied in practice. The Committee once again requests the Government to provide information on the application of the Anti-Human Trafficking Act in practice, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed regarding the trafficking of children under 18 years. It also requests the Government to provide information on the implementation of the Anti-Trafficking Action Plan (2021–2023), and the results achieved.

Article 5. Monitoring mechanisms. 1. National Task Force on Anti-Human Trafficking. The Committee previously noted that the Government established a National Task Force on Anti-Human Trafficking to coordinate, monitor and supervise the implementation of the Anti-Human Trafficking Act. It requested the Government to provide information on the activities of the National Task Force on Anti-Human Trafficking in preventing and combating trafficking in persons and the results achieved.

The Committee notes the response of the Government that the Task Force has conducted training for border patrol agents; created a Family Support Unit within the Sierra Leone police force; created a Fast-Track Court for Sexual Offences (Sexual Offence Mobile Court); convicted 4 offenders; criminalized the offence of the Worst Forms of Child Labour; and Developed an Anti-Trafficking Action Plan 2021–2023.

The Committee further notes that section 4 of the Anti-Human Trafficking Act (2005) empowers the National Task Force on Anti-Human Trafficking to coordinate the implementation of the Act, including the rendering of assistance to victims of trafficking, the prevention of trafficking through the adoption and encouragement of local initiatives to improve the economic well-being and opportunity for potential victims and increased public awareness of the causes and consequences of trafficking. The Committee, therefore, requests the Government to provide information on the role of the Task Force in the creation of the Sexual Offence Mobile Court, as well as the scope, function and operationalisation of this court. It also requests information on the scope, functions and operationalisation of the Family Support Unit of the Sierra Leone police created by the Taskforce.

2. National Technical Steering Committee, Child Welfare Committees and National Commission for Children. The Committee previously noted the Government's information that a National Technical Steering Committee on Child Labour (NTSC) was established to guide policy, strategy and documentation relating to child labour in Sierra Leone. The Committee also noted that Child Welfare Committees (CWCs) were established at the national, regional, district, and community levels to coordinate all child protection activities, as well as to monitor and supervise child labour in the local communities. It requested the Government to provide information on the activities and impact of the NTSC, CWCs and the National Commission for Children on preventing and combating trafficking in persons.

The Committee notes the information that the CWCs are in operation at national, regional, district and chiefdom levels, and that members of the CWCs provide counselling services for victims of the worst forms of child labour, and report complex issues to the Ministry of Social Welfare. It further notes the information that the CWCs have developed Standard Operating Procedures to curb cross border trafficking across the Guinea and Sierra Leone migration corridor.

The Committee also notes the response of the Government on the functions of the National Commission for Child Labour. However, it notes the lack of information on the impact of the activities of the Commission on preventing child labour and trafficking in persons in Sierra Leone. It further notes with concern the information provided by the Government that the National Technical Steering Committee is not functional. While noting the measures taken by the Government, the Committee urges it to continue its efforts to strengthen national, state, district and community level monitoring mechanisms to combat trafficking in children. It also requests the Government to provide information on the impact of the activities of the National Commission for Child Labour, and the National Technical Steering Committee, once this becomes functional, on preventing and combating trafficking in children, as well as the results achieved.

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

Articles 3(d) and 4(1) of the Convention. Hazardous work and determination of types of hazardous work. Concerning the adoption of the list of hazardous types of work and determination of the types of hazardous work, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action. National Action Plan against the Worst Forms of Child Labour. The Committee previously noted the Government's information that the National Action Plan against the Worst Forms of Child Labour including child trafficking had been developed, finalized, and validated. The Committee requested the Government to provide information on the adoption and implementation of the National Action Plan against the Worst Forms of Child Labour.

The Committee notes the response of the Government that there are plans to review, validate and print the National Action Plan against the Worst Forms of Child Labour, in 2021. The Committee requests the Government to provide up-to-date information on the process of adoption of the National Action Plan on the Worst Forms of Child Labour, as well as to provide information on the implementation matrix of this action plan.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that the Education Act of 2004 provided for free and compulsory basic education, comprising of six years of primary education and three years of junior secondary education to all its citizens (section 3(1) and (2)). The Committee also expressed its concern at the discrimination against girls concerning access to education and requested the Government to pursue its efforts to ensure access to free basic education, including by taking measures to increase the school enrolment and completion rates, both at the primary and secondary level, giving particular attention to girls.

The Committee notes the response of the Government that the Free Quality Education Program, which has the objective to improve nationwide access to quality pre-primary, primary, secondary education and school-level technical or vocational training, is fully operational in Sierra Leone. The Committee also notes the overturn of the Government policy that prevented pregnant girls from attending public schools and writing entrance examinations. The Committee notes the Government's response that it overturned a 10-year policy that prevented pregnant girls from attending public and taking entrance examinations, in March 2020. It further notes the information on the Government's initiative to provide tertiary education grant support to girls enrolled in science and engineering programs, as well as persons enrolled in Distance Education Teacher Certificate Programs, Language Arts, Mathematics and Science, Medicine, Agriculture, Technical/Vocational Education and Training, and Early Childhood Education Programs and students with special needs. Accordingly, the Committee encourages the Government to continue to pursue measures that ensure access to free basic education, including by taking measures to increase the school enrolment and completion rates, both at the primary and lower secondary level, giving particular attention to girls. It also requests the Government to provide information, disaggregated by age and gender, on the impact of the recently adopted measures and the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Former child combatants. The Committee previously requested the Government to take the necessary steps to address the physical and psychological recovery of former child combatants, especially girls, and to monitor the situation of those who were not included in the Government’s disarmament, demobilization and reintegration programmes (DDR) a view to providing them with the necessary assistance to fully rehabilitate and reintegrate into the society.

The Committee notes the response of the Government that psychosocial counselling was provided for former child combatants and that they are reintegrated into the society. However, the Committee notes that the Committee on the Rights of the Child’s 2021 List of Issues for Sierra Leone, (CRC/C/SLE/QPR/6-7, paragraph 32) indicates the need for measures to be taken by the Government to establish a mechanism for the early identification of returning children who may have been involved in armed conflict, particularly children returning from Libya, and to provide physical and psychological recovery, and social integration services for such children. The Committee once again requests the Government to take the necessary measures to address the physical and psychological recovery of former child combatants, especially girls, and to monitor the situation of those who were not included in the DDR programmes to provide them with the necessary assistance to fully rehabilitate and reintegrate them in society. It also requests the Government to provide information on the impact of the measures taken in this regard, in particular the number of children who were provided with the necessary assistance.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee previously noted the initiative taken by the Government to help identify and reach out to children at special risk, such as its efforts to remove children from the street and provide the necessary direct assistance from their rehabilitation through the implementation of the Street Children Project by the Ministry of Social Welfare Gender and Child Affairs (MSWGCA).

The Committee notes the information provided by the Government that a national policy and a draft bill are being developed, to address the plight of street children. Recalling that street children are at an increased risk of being involved in the worst forms of child labour, the Committee again requests the Government to continue its efforts to remove children from the street and to provide the necessary direct assistance for their rehabilitation and social integration. The Committee also requests the Government to provide information on the results achieved in this regard, such as the number of children rescued and socially integrated according to such measures.

Article 8. International cooperation and assistance. Following its previous comments, the Committee notes the Government's statement that cooperation with the West African Network of Child Protection and the ECOWAS Anti-Human Trafficking Unit on combating the trafficking of children under 18 years of age has led to: (i) the criminalization of ‘sex trafficking’ under the Anti-Trafficking Act (2005); (ii) the criminalization of 'child prostitution' under the Sexual Offences Act (2012); (iii) an ongoing review of the Anti-Trafficking Act (2005), to eliminate the provision of a fine in lieu of imprisonment for convicted traffickers, increase penalties and improve victim protection measures; (iv) the adoption of a new 2021-2023 National Action Plan by the Anti-Trafficking Task Force, which is led by the Ministry of Social Welfare and the Ministry of Justice; and (v) the establishment of regional Trafficking in Persons taskforce bodies in all 16 regions of Sierra Leone. While noting the importance of these developments and recalling the importance of international cooperation in combatting trafficking of children, the Committee encourages the Government to pursue its efforts to promote bilateral and multilateral agreements with other countries on trafficking of children. The Committee also request the Government to continue to provide information on the results achieved in this respect.

Labour inspection and application of the Convention in practice. Concerning labour inspection and the application of the Convention in practice, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that in the context of the revision of the national labour legislation, the Government has requested technical assistance from the Office and, in particular that a draft Labour Act has been submitted for comments. The draft Labour Act is intended to consolidate and revise various pieces of legislation, including the Regulation of Wages and Industrial Relations Act (1971).

While noting with deep concern that the Government’s reports on the application of Conventions Nos 26 (minimum wage) and 95 (protection of wages) have not been received, the Committee hopes that progress will be made towards the adoption of the new legislation in the near future and that the Government will take full advantage of the technical assistance received from the Office so as to ensure that the new Act will be in conformity with ratified Conventions. The Committee expects that the next reports will contain full information in this respect.

The Committee welcomes the Government’s reply to the comments it has been making for many years in relation to the application of the Convention.

Articles 3, 4 and 5. Contribution of the employment service to employment promotion. Consultation with the social partners. The Committee recalls that, in its 2004 report, the Government indicated that it proposed to strengthen the employment services and that legislation in this regard had been included on the agenda of the Joint Advisory Commission for discussion. In its comments made initially in 2004, the Committee requested the Government to describe the manner in which the employment services reforms mentioned by the Government in its 2004 report, have contributed to securing their essential duty, which is to ensure “the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources” (Article 1 of the Convention), in cooperation with the social partners (Articles 4 and 5). It also requested the Government to provide statistical information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by these offices (Part IV of the report form). The Committee notes the information provided by the Government in respect of the functions of the Ministry of Labour and Social Security (MLSS), particularly in the areas of manpower planning and human resource development, developing and implementing employment and labour market policies, addressing the needs of disadvantaged groups and industrial training. The Committee further notes the Government’s indication that there are six employment exchange centres in the country, but that there are insufficient resources to enable the establishment of additional centres. In addition, the Committee notes the Government’s indication that the Joint Consultative Committee, composed of workers’, employers’ and Government representatives, meets regularly at national level to discuss employment policy, in particular labour and employment issues. The Government does not provide information on the employment services reforms or the proposed legislation on employment services, nor does it provide the statistical information requested. The Committee therefore once again requests the Government to communicate updated detailed information with regard to the employment service reforms undertaken, including the development of relevant legislation, and the manner in which these reforms have contributed to the objectives set out in Article 1 of the Convention. It further requests the Government to provide updated statistical data compiled concerning the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices. It also requests the Government to provide further details regarding the functioning of the Joint Consultative Committee (JCC). In particular, the Government is requested to provide updated detailed information in relation to consultations within the JCC concerning the development of employment services legislation and policy, as well as in relation to discussions held within the JCC with respect to the provisions of the Convention more generally. It also invites the Government to consider the possibility of establishing regional or local advisory committees as contemplated in Article 4(2).

Article 7. Particular categories of jobseekers. The Committee notes the Government’s indication that special preference is given to persons with disabilities in terms of shortlisting for certain positions. The Government is requested to provide information on the nature and impact of this measure, indicating the positions to which this preference is applied. The Committee further requests the Government to communicate information on any other measures taken to give effect to this Article of the Convention.

Article 11. Cooperation between the public employment service and private employment agencies. The Government indicates that a coordination gap exists between the public employment service and private employment agencies. The Committee requests the Government to provide information on measures taken or envisaged at the national and regional levels to secure effective cooperation between the public employment service and private employment agencies not conducted with a view to profit.

Part V of the report form. Application in practice. The Government reports that there are six employment exchange centres at regional level and that there has been a devolution of functions to these entities. The Government indicates that there are inadequate resources to permit establishing additional employment centres in the country, particularly in underdeveloped areas. The Committee notes that the Government does not provide information on the nature or impact of the employment services reforms to which it referred in its 2004 report, nor on the manner in which the employment services ensure “the best possible organization of the labour market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources”, as required under Article 1 of the Convention. The Committee requests the Government to provide detailed updated information on the nature and impact of measures taken to ensure the establishment of a network of employment offices sufficient in number to serve each geographical area of the country. The Committee reminds the Government that it can avail itself of the technical assistance of the Office if it so wishes.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that in the context of the revision of the national labour legislation, the Government has requested technical assistance from the Office and, in particular that a draft Labour Act has been submitted for comments. The draft Labour Act is intended to consolidate and revise various pieces of legislation, including the Regulation of Wages and Industrial Relations Act (1971).

While noting with deep concern that the Government’s reports on the application of Conventions Nos 26 (minimum wage) and 95 (protection of wages) have not been received, the Committee hopes that progress will be made towards the adoption of the new legislation in the near future and that the Government will take full advantage of the technical assistance received from the Office so as to ensure that the new Act will be in conformity with ratified Conventions. The Committee expects that the next report will contain full information in this respect.

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 3–15 of the Convention. Certificates of competency. The Committee has been commenting for a number of years on the absence of laws and regulations giving effect to the Convention. The Committee asks the Government to provide detailed information on any concrete progress made in respect of the adoption of national laws implementing the Convention. The Committee understands that the Office remains ready to offer expert advice and to respond favourably to any specific request for technical assistance in this regard. Finally, the Committee requests the Government to supply up-to-date information concerning the fishing industry, including statistics on the composition and capacity of the country’s fishing fleet and the approximate number of fishers gainfully employed in the sector.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee recalls that since 2004 it has been requesting the Government to provide information on the manner in which it ensures effective tripartite consultations. In its report, the Government indicates that, in accordance with the Regulation of Wages and Industrial Relations (Act No. 18 of 1971), tripartite consultation on labour matters are held on a regular basis within the Joint Consultative Committee. Section 8 of the Act establishes that the Joint Consultative Committee is composed of an equal number of representatives of employers’ and workers’ organizations. The Government reports that tripartite consultations are held with regard to the matters covered under Article 5 (1) of the Convention and that reports of the meetings of the Joint Consultative Committee are compiled regularly. The Committee notes, however, that the Government does not provide information on the frequency, content or outcome of the tripartite consultations held. Lastly, the Committee notes the Government’s indication that efforts have been undertaken to ensure compliance with the obligations deriving from the Conventions that it has ratified, including Convention No. 144. The Government indicates, however, that further measures need to be taken to ensure its effective application. The Committee once again requests the Government to provide detailed information on the frequency, content and outcome of tripartite consultations held on all matters relating to international labour standards covered by the Convention: the questionnaires on the Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the competent authorities (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be presented on the application of ratified Conventions (Article 5(1)(d)). It also requests the Government to provide copies of the reports of the meetings of the Joint Consultative Committee. The Committee recalls that the Government may avail itself of the technical assistance of the Office with respect to its efforts to implement the Convention.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

The Committee welcomes having received the Government’s report, but it observes that it does not reply to its previous comment. The Committee expects that the next report will include the Government’s comments in relation to the observations of the International Trade Union Confederation (ITUC), of 30 August 2013, concerning serious allegations of violations of the Convention.

Article 2 of the Convention. Right of workers and employers without distinction whatsoever to establish and join organizations. The Committee notes the Government’s indication that, as a consequence of the scope (section 1) and definition of “worker” (section 2) of the Regulations of Wages and Industrial Relations Act, public officers and persons above the level of supervisor or manager cannot join or form trade unions. The Committee must recall that under the Convention: (i) the right to establish and join occupational organizations should be guaranteed for all public servants and officials (with the sole possible exception of the police and the armed forces); and (ii) while it is possible to deny managerial and executive staff the right to join the same trade unions as other workers, managers and supervisors must be guaranteed the right to join or establish their own organizations to defend their interests. The Committee requests 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.

Recalling that for many years it has been awaiting the review of the labour laws, including on matters of freedom of association, the Committee requests the Government to provide further information on developments in law and practice, and encourages the Government, in consultation with the social partners, to ensure full compliance with the Convention. The Committee further recalls that the Government may avail itself of the technical assistance of the Office.

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.

Comments adopted by the CEACR: Sierra Leone

Adopted by the CEACR in 2021

C017 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C032 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C045 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C094 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C099 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C101 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C119 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C126 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Fishermen’s Competency Certificates Convention, 1966 (No. 125)

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C026 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C088 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C095 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C125 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C144 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C087 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C098 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Sierra Leone

Display the list by:

Adopted by the CEACR in 2021

C017 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C032 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C045 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C094 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C099 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C101 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C119 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C126 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Fishermen’s Competency Certificates Convention, 1966 (No. 125)

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C026 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C088 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C095 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C125 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C144 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C087 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C098 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)