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Worst Forms of Child Labour Convention, 1999 (No. 182) - Sierra Leone (RATIFICATION: 2011)

Other comments on C182

Observation

Direct Request

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The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that according to section 2(1) of the Anti-Human Trafficking Act, it is an offence for any person to engage in the trafficking in persons. Section 2(2) of the Anti-Human Trafficking Act further stipulates that a person is said to be engaged in the trafficking in persons if he undertakes the recruitment, transportation, transfer, harbouring or receipt of persons by means of threat or use of force or other form of coercion, of abduction, of fraud, of deception, or the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation. The term “exploitation” as used in this section 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.

The Committee also notes section 15(c) of the Anti-Human Trafficking Act, which states that in a prosecution for trafficking, the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be regarded as trafficking in persons even if this does not involve any of the means specified in section 2(2). Moreover, section 22 of the Anti-Human Trafficking Act provides that any person convicted of the offences related to trafficking in persons shall be liable to a fine not exceeding 50 million Sierra Leone leones (approximately US$11,615) or to imprisonment for a term not exceeding ten years or to both. The Committee requests the Government to provide information on the application of Anti-Human Trafficking Act in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

2. Slavery, debt bondage, forced or compulsory labour. Section 19 of the Constitution of 1991 stipulates that no person shall be held in slavery or servitude or be required to perform forced labour or traffic or deal in human beings. The Committee notes that according to section 32 of the Child Rights Act, no person shall subject a child to exploitative labour which deprives the child of its health, education or development.

The Committee notes, however, that the Committee on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography (CRC-OPSC), in its concluding observations of 14 October 2010, expressed concern at the exploitation of children in forced labour, inter alia, as domestic workers and in hazardous labour, particularly in the mining sector and in agriculture, servitude remains widespread. The CRC-OPSC also expressed concern at the lack of investigation and prosecution of offenders in this regard (CRC/C/OPSC/SLE/CO/1, paragraph 25). The Committee requests the Government to take the necessary measures to protect children under 18 years of age from all forms of exploitation in forced labour and to ensure that thorough investigations and robust prosecutions of offenders are carried out and sufficiently effective and dissuasive penalties are applied in practice.

3. Compulsory recruitment of children in armed conflict. The Committee notes that pursuant to section 28(1) of the Child Rights Act, every child has the right to be protected from involvement in armed or any other kind of violent conflicts, and accordingly, the minimum age for recruitment into the armed forces shall be 18 years. Section 28(2) further states that the Government shall not recruit or transcript any child (defined as persons under the age of 18 years) into military or paramilitary services or permit such recruitment or transcription by the armed forces.

The Committee also notes that the Committee on the Rights of the Child on the implementation of the Optional Protocol on the Rights of the Child on the involvement of children in armed conflict (CRC-OPAC), in its concluding observations of 2010, welcomed the adoption of the Republic of Sierra Leone Recruitment Policy in 2004, followed by the adoption of the Republic of Sierra Leone Recruitment Act in 2006, which prohibits both the voluntary and compulsory enlistment into the armed forces of all persons below 18 years of age (CRC/C/OPAC/SLE/CO/1, paragraph 4).

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that according to section 30 of the Sexual Offences Act, a person who participates as a client or is otherwise involved with a child in any act of child prostitution or invites, persuades or induces a child to engage in child prostitution with him/her or any other person shall be guilty of an offence and shall be punished with imprisonment for a term not exceeding 15 years. Furthermore offering, arranging, facilitating or benefiting from child prostitution is an offence under section 31 of the Sexual Offences Act.

With regard to child pornography, the Committee notes that section 26 of the Sexual Offences Act makes it an offence to make, produce, distribute, transmit, print, publish, import, export, sell or possess child pornography. Moreover, according to section 28 of the Sexual Offences Act, a person who invites or causes a child to be in any way concerned in the making or production of child pornography or procures a child for the purpose of producing child pornography or having the care of a child, consents to or allows the child to be used for the production of child pornography shall be punished with imprisonment for a term not exceeding 15 years.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes section 7 of the National Drugs Control Act of 2008 which states that a person who, without lawful authority: (a) prepares, extracts, manufactures, produces, or cultivates a prohibited drug; (b) collects, transports, imports, exports, trans-ships or transmits any prohibited drug; and (c) supplies, administers, sells, exposes or offers for sale or otherwise deals in or with any prohibited drug, commits an offence and is liable on conviction to life imprisonment. The Committee also notes that section 13 of the National Drugs Control Act provides for grounds for an aggravated offence which include making use or taking advantage of a minor (defined as persons under the age of 18 years) in committing the offences under this Act.

In addition, according to section 15 of the National Drugs Control Act, an attempt or conspiracy to commit an offence or aiding, abetting, counselling or procuring the commission of an offence under this Part shall be punishable as if the offence had been committed.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that according to section 128 of the Child Rights Act of 2007, the minimum age for engagement of a person in hazardous work, which poses a danger to the health, safety or morals of a person, is 18 years.

The Committee also notes that according to section 128(3) of the Child Rights Act, hazardous types of work prohibited to children under 18 years of age include: going to sea; mining and quarrying; porterage of heavy loads; manufacturing industries where chemicals are produced or used; work in places where machines are used; and work in places such as bars, hotels and places of entertainment where a person may be exposed to immoral behaviour. Section 126 of the Child Rights Act and section 48 of the Employers and Employed Act of 1935 as amended further prohibits night work of persons under the age of 18 years. Furthermore, as per section 55 of the Employers and Employed Act, young persons under the age of 18 years shall not be employed or work in vessels as trimmers or stokers.

The Committee notes the Government’s information that the Ministry of Labour and Social Security has developed a list of types of hazardous work prohibited to children under 18 years of age after consultations with the social partners, child protection agencies and civil society organizations. The Committee also notes from the Government’s report that this list of types of hazardous work has been validated and is currently awaiting Cabinet approval as a Statutory Supplementary Instrument. The Committee requests the Government to take the necessary measures, without delay, to ensure the adoption of the Statutory Supplementary Instrument containing a list of types of hazardous activities prohibited to children under 18 years of age.

Article 5. Monitoring mechanisms. 1. National Task Force on Anti-Human Trafficking. The Committee notes from the Government’s report that a National Task Force on Anti-Human Trafficking was established to coordinate, monitor and supervise the implementation of the Anti-Human Trafficking Act, and to assist potential victims of trafficking by providing shelter, psychosocial counselling, medical assistance, as well as family reunification. The Committee requests the Government to provide information on the activities of the National Task Force on Anti-Human Trafficking in preventing and combating human trafficking and the results achieved.

2. National Technical Steering Committee and Child Welfare Committees. The Committee notes the Government’s information that a National Technical Steering Committee on Child Labour (NTSC) was established to provide guidance on policy, strategy and substance relating to child labour in Sierra Leone, to provide technical support and participation towards annual reviews of national activities, to mainstream child labour issues in other development programmes and policies, and to review and endorse project proposals developed under the various support programmes. The Committee also notes the Government’s information that Child Welfare Committees were established at the national, regional, district, chiefdom and community levels to coordinate all child protection activities as well as to monitor and supervise child labour in the local communities. The Committee requests the Government to provide information on the activities of the NTSC and the Child Welfare Committees and their impact on preventing and eliminating the worst forms of child labour.

Article 6. Programmes of action. National Action Plan against the Worst Forms of Child Labour. The Committee notes the Government’s indication that a draft National Action Plan against the Worst Forms of Child Labour has been elaborated. The Committee requests the Government to take the necessary measures to adopt, without delay, the National Action Plan against the Worst forms of Child Labour and to provide information on its implementation.

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 notes that the Education Act of 2004 provides 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)). According to section 3(4) of the Education Act, any parent or guardian who neglects to send their child to school for basic education commits an offence and shall be punished.

The Committee notes the Government’s information that within the framework of the ILO–IPEC TACKLE project 2008–13, two main action programmes were implemented, namely “Community responses to child labour” and the “Community Action for Rural Empowerment (CAREM)”. The Community responses to child labour programme, implemented in the Western area and the Eastern province where diamond mining is prevalent, has led to the withdrawal and prevention of 1,500 children from child labour and who were then provided with educational support. Moreover, 600 families benefited through income-generating activities and were further linked to micro financing institutions in order that they may receive support for their child’s education even after the project.

The CAREM programme was implemented in the Southern province within which 200 children benefited through educational support. According to the TACKLE project report, the project has contributed to Sierra Leone’s Education for All (EFA) goals to attain universal primary education. The project has also contributed to increasing school enrolment and retention rates, and to preventing early marriages among girls and teenage pregnancies.

However, according to the survey tables of Understanding Children’s Work (UCW), an Inter-Agency Research Cooperation Programme, of the total child population of 1,684,964 children between the ages of 5–14 years, only 73.6 per cent of children are attending school, of which 77 per cent complete primary education.

The Committee further notes that the Government representative of Sierra Leone, at the 48th session of the Committee on the Rights of the Child (CRC) acknowledged that despite campaigns launched throughout the country to raise awareness of school attendance by girls and publicize the introduction of free education, girls continued to suffer discrimination in access to education (CRC/C/SR.1330, 18 December 2009, paragraph 39). The Committee expresses its concern at the situation of girls with regard to access to education. Recalling that free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to take the necessary measures to ensure access to free basic education and to strengthen the functioning of the education system, including by taking measures to increase the school enrolment and completion rates, both at primary and secondary level, giving particular attention to girls. It requests the Government to provide information on the concrete measures taken in this regard.

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 notes that the Government representative of Sierra Leone, at the 55th session of the CRC on consideration of the initial reports of Sierra Leone under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict stated that once the war had ended, the country took various measures to assist child victims of war, regardless of whether they had been directly involved in the hostilities. For example, psychosocial services were made available to them, vocational training was provided to ex-combatants, and school re-entry programmes were offered to children under the disarmament, demobilization and reintegration programme (DDR) (CRC/C/SR.1551, paragraph 28).

The Committee also notes that the CRC-OPAC, in its concluding observations of 14 October 2010, while noting the efforts made by the State towards the disarmament, demobilization and reintegration of children recruited into armed groups or used in hostilities, expressed concern that, relative to the estimated number of children who participated in the armed conflict, few benefited from the DDR programme. The CRC-OPAC further remained concerned about the inadequate attention paid to the physical and psychological recovery of former child combatants, particularly girls formerly associated with armed groups, the majority of whom had been victims of sexual violence (CRC/C/OPAC/SLE/CO/1, paragraphs 27 and 29). The Committee 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 with a view to providing them with the necessary assistance to fully rehabilitate and reintegrate them. It requests the Government to provide information on the measures taken in this regard.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee notes that the CRC-OPSC, in its concluding observations of 14 October 2010, expressed its concern at the high number of children living or working in the streets who are particularly vulnerable to sexual and other forms of exploitation and the absence of an effective strategy to address this issue (CRC/C/OPSC/SLE/CO/1, paragraph 23). Recalling that street children are at an increased risk of being involved in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to remove children from the street and to provide the necessary direct assistance for their rehabilitation and social reintegration. The Committee requests the Government to indicate the measures taken in this regard and on the results achieved.

Article 8. International cooperation and assistance. The Committee notes from the Government’s report that Sierra Leone is a party to the West African Network of Child Protection which was launched in March 2013 to monitor vulnerable children’s movement within the Economic Community of West African States (ECOWAS) region. The report further indicates the country’s cooperation with the ECOWAS Child Protection Unit, and the ECOWAS Anti-Human Trafficking Unit which coordinate, monitor and report on all trafficking issues in the subregion as well as the Manu River Union for border community security, comprising of Côte d’Ivoire, Guinea, Liberia and Sierra Leone to address the threat of cross border movements of armed groups. The Committee requests the Government to provide information on the significant impact of 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.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that from 2005–11, 13 convictions were made on child trafficking. The Committee also notes the Government’s statement that no child labour was detected in the formal economy, while only limited inspections were carried out in the informal economy. It further notes the Government’s statement that the law enforcement bodies and the labour inspectors lack sufficient training on identifying, monitoring and investigating cases related to child labour and its worst forms. More often wrong cases are levied on perpetrators and most cases are not reported. The Government further indicates that proper records and documents on child labour are not available. The Committee requests the Government to take the necessary measures to strengthen the capacity and functioning of the labour inspectorate and the law enforcement bodies to detect cases of the worst forms of child labour. It also requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties imposed. To the extent possible, all information should be disaggregated by sex and age.