CMNT_TITLE

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

Other comments on C138

Observation

Direct Request

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Previous observation and previous direct request

Article 2(1) of the Convention. Scope of application and labour inspectorate. The Committee notes, from the Government’s report, that section 95(1) of the Employment Act, 2023, sets the minimum age for access to work or employment at 15 years. It notes the Government’s indication that the Employment Act is applicable to all sectors of the economy. Under section 2(1) of the Employment Act, it is stipulated that “the Act shall apply to all employers and workers in Sierra Leone”. The Committee notes with interest the wide scope of application of the Employment Act, which ensures that children working in all branches of economic activity, including the informal economy, benefit from the protection of the Convention.

The Committee further notes that section 4 of the Employment Act envisages the appointment of a Commission of Labour and Employment, responsible for all matters relating to labour and for the administration, implementation and enforcement of the Act. The Commissioner shall: (1) have the power to enter into a workplace for inspection without previous notice, carry out examinations to ensure that the rights of workers under the Act have not been violated (section 5); and (2) submit to the Minister of Labour and Social Security annual reports on the performance of its functions, policies and programmes (section 8). The Committee further notes, from the Government’s report under the application of the Worst Forms of Child Labour Convention, 1999 (No. 182) that child labour is mainly carried out in the informal economy.

The Committee further notes that the Government does not provide a reply to its previous request with regard to the composition, functions and activities of the Child Labour Unit of the Ministry of Labour and Social Security, mandated to monitor child labour in workplaces. Noting the wide scope of application in section 2(1) of the Employment Act, 2023, the Committee requests the Government to indicate if the Commissioner of Labour and Employment has the mandate to inspect workplaces in the informal economy, as well as the formal economy, as provided for in section 5 of the Act. The Committee also once again requests the Government to provide information on: (i) any progress made concerning the composition and functioning of the Child Labour Unit of the Ministry of Labour and Social Security; and (ii) the child labour inspections carried out and the number and nature of violations detected.

Article 8. Artistic performances. The Committee notes that the Employment Act makes no provision for the regulation of the work of children engaged in artistic performances. It notes that section 24(1) of the draft Employment Regulations, 2023, permits the employment of children in, among other activities: (1) sports activities, trainings and competitions; and (2) showcasing musical, artistic or creative talents in concerts, shows or exhibitions. However, the draft Regulations do not specify that an authorization must be granted by the competent authority on a case-by-case basis, nor does it specify the conditions under which such activities may be undertaken. 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 requests the Government to take the necessary measures to ensure that the Regulations: (i) ensure that authorizations to perform in artistic performances for children under the age of 15 years be granted by the competent authority in individual cases; and (ii) limit the number of hours during which and prescribe the conditions under which such activities may be undertaken.

Article 9(1). Penalties. The Committee notes that, under section 95(9) of the Employment Act, a person who employs a child or has a child perform work in breach of the provisions of the Act shall be guilty of an offence. Section 115(1) provides that a person who commits an offence under the Act shall be liable to a fine not less than 5 months national minimum wage, and in the case of a subsequent offence, to a fine of not less than 10 months national minimum wage. The Committee also recalls that section 131 of the Child Rights Act provides 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. The Committee once again 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 nature of penalties imposed.