CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Sierra Leone (RATIFICATION: 1961)

Other comments on C105

Observation

Direct Request

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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that Part V (sections 26 to 37) of the Public Order Act of 1965 concerning defamatory and seditious libel has been repealed by the Public Order (Amendment) Act of 2020.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.