CMNT_TITLE

Minimum Age Convention, 1973 (No. 138) - Sierra Leone (RATIFICATION: 2011)

Other comments on C138

Observation

Direct Request

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Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted that, within the framework of the Global Action Programme on Child Labour Issues (GAP-11) 2011–15 (ILO–IPEC), two regional workshops on capacity building of labour inspectors and other key partners on child labour monitoring were held in 2013, of which a direct result is the draft of a Child Labour Action Plan. The Committee also noted that a National Employment Policy and a National Social Protection Policy had been developed and validated and were awaiting approval by the Cabinet.

The Committee notes that the National Employment Policy and Strategy and the implementation plan for 2015–18 have been launched in 2016. However, the National Social Protection Plan is still awaiting the cabinet approval. The Committee also notes that, according to the written replies of the Government to the list of issues in relation to the combined third to fifth periodic reports to the Committee on the Rights of the Child of September 2016 (CRC, CRC/C/SLE/ Q3-5/Add.1, paragraph 1), a National Child Welfare Policy has been developed in 2014, which established a more comprehensive system to support families and communities in promoting the rights and protection of children. The Government is also committed to developing an implementation strategy for this policy and the National Child Protection Policy itself in 2017. In this regard, the Committee requests that the Government take the necessary measures to implement the National Child Welfare Policy and adopt the National Child Protection Policy, as well as to provide information on the results achieved. The Committee also requests that the Government indicate the progress made with regard to the adoption of the Child Labour Action Plan, and to provide information on the impact of the National Employment Policy and the National Social Protection Policy in eliminating child labour in the country.

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)). However, the Committee noted that, according to the survey tables provided by the joint ILO–IPEC, UNICEF and World Bank report on Understanding Children’s Work (UCW), only 73.6 per cent of children 5–14 years of age are attending school. The Committee also expressed its concern at the discrimination against girls with regard to access to education.

The Committee notes that, according to the UNESCO Institute for Statistics, in 2015, the net enrolment rate in primary education reached 99.21 per cent. However, the net enrolment rate in lower secondary school was only 30.29 per cent, lower than that in 2013 (40.10 per cent). Moreover, in 2013, the completion rate in primary education was 66.62 per cent, while that in lower secondary education was only 40.38 per cent, with a higher percentage among boys (50.01 per cent) than girls (32.76 per cent). Considering that compulsory education is one of the effective means of combating child labour, the Committee once again requests that the Government take steps to increase the school enrolment and attendance rates and reduce the school drop-out rates, especially in lower secondary school, in order to prevent children under the age of 15 years from working. It requests that the Government provide information on the steps taken in this regard.

Article 6. Vocational training and apprenticeship. The Committee previously noted that, pursuant 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 by virtue of Article 6 of the Convention, a young person must be at least 14 years of age to undertake an apprenticeship.

The Committee notes the absence of information in this regard. The Committee therefore once again requests that the Government take the necessary measures to bring the relevant provisions of the Employers and Employed Act into line with Article 6 of the Convention in order to ensure that no child under the age of 14 years undertakes an apprenticeship programme.

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 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 school work. 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. This section further provides that a child shall not be employed before 6 a.m. and after 8 p.m. and, on any day, not for more than two hours a day and shall not be required to lift, carry or move anything so heavy as to be likely to cause injury to him. 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 absence of information on this point. The Committee therefore once again requests that the Government take the necessary steps to bring the relevant provisions of the Employers and Employed Act into conformity with the Convention by permitting employment in light work only for children who have reached the age of 13 years.

Article 8. Artistic performance. The Committee previously noted that according to the Government’s report, Sierra Leone had not applied any of the exceptions provided under Article 8 of the Convention. Nonetheless, 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 in cultural and artistic activities or other leisure activities.

The Committee notes the absence of information in this regard. 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. With regard to penalties under the Employers and Employed Act, section 86 stated 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 to imprisonment with or without hard labour, for six months, or to both such fine and imprisonment.

The Committee notes the absence of information in this regard. The Committee requests that the Government provide 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.