CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Sierra Leone (RATIFICATION: 1966)

Other comments on C111

Observation

Direct Request

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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.