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 the commitment of the Government to develop an implementation strategy for the National Child Welfare Policy and the National Child Protection Policy. It also requested that Government take the necessary measures to implement the National Child Labour Policy and adopt the National Child Protection Policy and the Child Labour Action Plan.

The Committee notes the information provided by the Government in its report that it has taken measures to develop and implement the National Child Welfare Policy and the National Child Protection Strategy, alongside other measures which include the promotion of positive change and discouragement of harmful customs and traditions. The Committee also notes the information provided by the Government that it is involving civil society, children and youths in the implementation of the National Child Welfare Policy and the National Child Protection Strategy.

The Committee notes the response of the Government that the Child Labour Action Plan has been reviewed but not yet validated nor has it been adopted. The Committee also notes with concern the information provided by the Government that the National Employment Policy and the National Social Protection Policy have had limited impact on the fight against child labour. However, it notes the plans of the Government to establish a Tripartite-Plus Committee on Employment (TCEP) that will guide the work of key stakeholders/sectors involved in the implementation of the National Employment Policy and develop an Action Plan that will translate all the policy recommendations into specific, measurable policy activities and targets expected to be achieved within stipulated time frames. Noting that a strategic policy objective of the National Employment Policy (2020–2024) is the promotion of adherence to relevant international labour standards, including the abolition of child labour, the Committee requests that the Government take the necessary measures to implement the National Employment Policy and adopt the Child Labour Action Plan. It also requests for information from the Government on concrete measures taken to implement the National Child Welfare Policy and the National Child Protection Strategy, as well as to provide information on the operationalisation of the Tripartite-Plus Committee on Employment, and the results achieved in the area of child labour elimination.

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)). The Committee, however, expressed concern about the discrimination against girls with regards to access to free education. It requested the Government to take steps to reduce discrimination in access to education and increase the school enrolment, attendance and completion rates of children under the age of 15.

The Committee notes the response of the Government that it provides free school feeding and learning materials to ensure high school retention rates and supports the Free Quality Education Policy. The Government also indicates that innovative technology is being employed to access school data including National Examination Results.

The Committee notes that, according to the 2020 report of the UNESCO Institute of Statistics, the gross enrolment ratio of children in pre-primary education increased from 9.3 per cent in 2015 (8.8 per cent male and 9.8 per cent female) to approximately 20 per cent in 2020 (19.8 per cent male and 21.9 per cent female). The Committee also notes that the net enrolment rate in primary education reached 98.1 in 2016, but no data is available for the net enrolment rate in 2020. However, the completion rate to the last grade of primary school stood at 39.91 per cent in 2019. The Committee notes with interest that the percentage of effective transition rate from primary to lower secondary general education stood at 99.3 per cent in 2019. The Committee, therefore, requests that the Government continues in its efforts to increase the school enrolment and attendance rates and reduce the school drop-out rates, both in primary and lower secondary school, to prevent children under the age of 15 years from working. It requests that the Government continue to provide information on the steps taken in this regard.

Labour inspectorate. The Committee previously noted the provisions of sections 132 and 133 of the Child Rights Act which empower a district labour officer to carry out inquiries related to the enforcement of the rights of children and young persons engaged in the formal and informal economy. It requested the Government to take active steps to ensure the effective monitoring of children working in the formal and informal economy and provide information on the functioning of Child Labour Units concerning the child labour inspections carried out and, on the number, and nature of violations detected.

The Committee notes the response of the Government that the Ministry of Labour and Social Security is undergoing transition into a directorate system, which will provide for the Directorate of Labour and Employment and establish a Labour Inspection Unit for the monitoring of workers, including children working in both formal and informal sectors.

The Committee also observes that section 5 (3) of the Labour Bill empowers the commissioner of Labour, authorized labour officers or occupational safety and health officer to inspect both formal and informal workplaces including securing the enforcement of legal provisions relating to terms and conditions of employment and work, discrimination and the protection of employees [including children] while engaged in their work. Noting the information provided by the Government that the capacity of the staff of the Ministry of Labour and Social Security has been built to conduct child labour monitoring, and the staff of the Child Labour Unit of the Ministry will participate in integrated labour inspections, the Committee requests the Government to provide specific information on the child labour inspections carried out and, on the number, and nature of violations detected.It also requests that the Government provide information on any progress made concerning the composition and functioning of the Child Labour Unit of the Ministry of Labour and Social Security.

Article 8. Artistic performance. The Committee previously noted that 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 cultural and artistic activities or other leisure activities. Accordingly, the Committee requested that the Government indicates the measures taken to establish a system of individual permits for children below the age of 15 years, who work in artistic performances under Article 8 of the Convention.

The Committee notes the response of the Government that national laws, through the labour bills, would be reviewed to ensure compliance with Article 8 of the Convention. The Committee observes that the Labour Bill makes no provision for the regulation of the work of children engaged in artistic performances. 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. Regarding penalties under the Employers and Employed Act, section 86 states 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 imprisonment with or without hard labour, for six months, or to both such fine and imprisonment.

The Committee notes the absence of information from the Government in this regard. The Committee once again requests that the Government provides 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.