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Repetition Article 1(1)(b) of the Convention. The Committee recalls the adoption of the Persons with Disability Act, 2011, section 19(1) of which provides that “no person shall deny a person with disability having the requisite skills and qualifications, access to opportunities for suitable employment,” and section 20 of which provides that no employer shall discriminate against a person with a disability in relation to the advertisement of employment, recruitment, creation or classification of post, determination of wages, training or advancement, provision of facilities related to employment, or any other matter related to employment. The Act also establishes the National Commission for Persons with Disabilities, which pursuant to section 6(2)(e) has the authority to investigate allegations of discrimination based on disability. The Committee requests the Government to provide information on the practical application of sections 19 and 20 of the Persons with Disability Act.The Committee also recalls the adoption of the National HIV and AIDS Commission Act, 2011. Section 2 of the Act established the National HIV and AIDS Commission, which is charged with the prevention, management and control of HIV and AIDS (section 4(1)). The Act also provides that “no person shall be denied access to any employment for which the person is qualified, or transferred, denied promotion or have his employment terminated on the grounds only of his actual, perceived or suspected HIV status” (section 39(1)). The Committee notes that while the language of section 39(1) is identical to that of section 23(1) of the Prevention and Control of HIV and AIDS Act of 2007, section 39 of the National HIV and AIDS Commission Act does not contain the exceptions to the prohibition on discrimination included under section 23(2) of the Prevention and Control of HIV and AIDS Act. The Committee requests information on the status of the Prevention and Control of HIV and AIDS Act of 2007, with a view to determining whether the exceptions permitted under section 23(2) of the Act continue to be applicable. The Committee also requests the Government to provide information on the practical application of section 39 of the National HIV and AIDS Commission Act, including information on the mechanisms through which aggrieved persons may lodge complaints. Articles 2 and 3. National equality policy. The Committee notes the Government’s indication that it is undergoing a review of its labour legislation in order to bring labour policies up to date, and that it has requested ILO assistance in this regard. The Committee also notes the Government’s statement that, despite the protection against discrimination provided by the Constitution, the Persons with Disabilities Act and the National HIV and AIDS Commission Act, there is a need to consolidate these laws with a view to providing more comprehensive protection against discrimination in employment and occupation. The Government indicates in particular that reforms in the public service with respect to discrimination should be accelerated. The Committee notes the Government’s statements regarding the substantial difficulties it has faced applying the Convention due to structural challenges and lack of capacity. The Committee asks the Government to continue providing information on the progress made with regard to the development and implementation of a national equality policy. Welcoming the initiative of the Government to review and revise the labour-related legislation, with ILO technical assistance, the Committee asks the Government to provide information on the outcome of the legislative review and the follow-up thereto. The Committee also asks the Government to provide information on any other measures taken or envisaged to ensure non-discrimination and equality of opportunity and treatment in employment and occupation, including for members of the different ethnic groups.Equality of opportunity and treatment between men and women. The Committee notes from the Government’s report to the UN Human Rights Committee in the context of the International Covenant on Civil and Political Rights that the National Gender Strategic Plan, which was launched on 3 June 2010, is currently under review (CCPR/C/SLE/1, 16 May 2013, paragraph 34), and that a Gender Equality Bill has been prepared and will be tabled in Parliament (ibid., paragraph 36). The Government indicates that women’s inferior status under customary law fuels sex discrimination and undermines women’s enjoyment of their fundamental rights. The Committee also notes from the Government’s report to the UN Committee on the Elimination of Discrimination against Women the significant levels of vertical and horizontal gender segregation in the labour market (CEDAW/C/SLE/6, 1 November 2012, tables 12–13). In this regard, the Government indicates in that report that employment disparities between men and women are caused more by the lack of professional skills among women than by legislation or male resistance (ibid., paragraph 151). The Committee asks the Government to provide information on measures taken or envisaged to address the horizontal and vertical gender segregation in the labour market as well as measures to improve the participation rates of women in those sectors and occupations in which they are under-represented, including through their participation in vocational training courses leading to a broader range of employment opportunities. The Committee also requests the Government to provide information on the progress of the review of the National Gender Strategic Plan and the status of the Gender Equality Bill, and asks the Government to ensure that the principle of equality of opportunity and treatment in employment and occupation is taken into account in both the Plan and the Bill. Please also provide information on any steps taken or envisaged to harmonize customary law with anti-discrimination legislation with a view to ensuring non discrimination and equality of opportunity and treatment between men and women.
Repetition Article 1(1)(b) of the Convention. The Committee notes with interest the adoption of the Persons with Disability Act, 2011, section 19(1) of which provides that “no person shall deny a person with disability having the requisite skills and qualifications, access to opportunities for suitable employment,” and section 20 of which provides that no employer shall discriminate against a person with a disability in relation to the advertisement of employment, recruitment, creation or classification of post, determination of wages, training or advancement, provision of facilities related to employment, or any other matter related to employment. The Act also establishes the National Commission for Persons with Disabilities, which pursuant to section 6(2)(e) has the authority to investigate allegations of discrimination based on disability. The Committee requests the Government to provide information on the practical application of sections 19 and 20 of the Persons with Disability Act.The Committee also notes with interest the adoption of the National HIV and AIDS Commission Act, 2011. Section 2 of the Act established the National HIV and AIDS Commission, which is charged with the prevention, management and control of HIV and AIDS (section 4(1)). The Act also provides that “no person shall be denied access to any employment for which the person is qualified, or transferred, denied promotion or have his employment terminated on the grounds only of his actual, perceived or suspected HIV status” (section 39(1)). The Committee notes that while the language of section 39(1) is identical to that of section 23(1) of the Prevention and Control of HIV and AIDS Act of 2007, section 39 of the National HIV and AIDS Commission Act does not contain the exceptions to the prohibition on discrimination included under section 23(2) of the Prevention and Control of HIV and AIDS Act. The Committee requests information on the status of the Prevention and Control of HIV and AIDS Act of 2007, with a view to determining whether the exceptions permitted under section 23(2) of the Act continue to be applicable. The Committee also requests the Government to provide information on the practical application of section 39 of the National HIV and AIDS Commission Act, including information on the mechanisms through which aggrieved persons may lodge complaints. Articles 2 and 3. National equality policy. The Committee notes the Government’s indication that it is undergoing a review of its labour legislation in order to bring labour policies up to date, and that it has requested ILO assistance in this regard. The Committee also notes the Government’s statement that, despite the protection against discrimination provided by the Constitution, the Persons with Disabilities Act and the National HIV and AIDS Commission Act, there is a need to consolidate these laws with a view to providing more comprehensive protection against discrimination in employment and occupation. The Government indicates in particular that reforms in the public service with respect to discrimination should be accelerated. The Committee notes the Government’s statements regarding the substantial difficulties it has faced applying the Convention due to structural challenges and lack of capacity. The Committee asks the Government to continue providing information on the progress made with regard to the development and implementation of a national equality policy. Welcoming the initiative of the Government to review and revise the labour-related legislation, with ILO technical assistance, the Committee asks the Government to provide information on the outcome of the legislative review and the follow-up thereto. The Committee also asks the Government to provide information on any other measures taken or envisaged to ensure non-discrimination and equality of opportunity and treatment in employment and occupation, including for members of the different ethnic groups.Equality of opportunity and treatment between men and women. The Committee notes from the Government’s report to the UN Human Rights Committee in the context of the International Covenant on Civil and Political Rights that the National Gender Strategic Plan, which was launched on 3 June 2010, is currently under review (CCPR/C/SLE/1, 16 May 2013, paragraph 34), and that a Gender Equality Bill has been prepared and will be tabled in Parliament (ibid., paragraph 36). The Government indicates that women’s inferior status under customary law fuels sex discrimination and undermines women’s enjoyment of their fundamental rights. The Committee also notes from the Government’s report to the UN Committee on the Elimination of Discrimination against Women the significant levels of vertical and horizontal gender segregation in the labour market (CEDAW/C/SLE/6, 1 November 2012, tables 12–13). In this regard, the Government indicates in that report that employment disparities between men and women are caused more by the lack of professional skills among women than by legislation or male resistance (ibid., paragraph 151). The Committee asks the Government to provide information on measures taken or envisaged to address the horizontal and vertical gender segregation in the labour market as well as measures to improve the participation rates of women in those sectors and occupations in which they are under-represented, including through their participation in vocational training courses leading to a broader range of employment opportunities. The Committee also requests the Government to provide information on the progress of the review of the National Gender Strategic Plan and the status of the Gender Equality Bill, and asks the Government to ensure that the principle of equality of opportunity and treatment in employment and occupation is taken into account in both the Plan and the Bill. Please also provide information on any steps taken or envisaged to harmonize customary law with anti-discrimination legislation with a view to ensuring non-discrimination and equality of opportunity and treatment between men and women.
Repetition Articles 2 and 3 of the Convention. Lack of national policy. The Committee regrets that the Government does not provide any new information in respect to the Convention’s application. Since Sierra Leone has ratified the Convention, the Government has consistently reported that no legislative or administrative regulation or other measures existed to give effect to the provisions of the Convention and the Government has failed to provide information on any measures taken in this regard. In its latest report the Government repeats the general statement that it had a broad based policy which ensured jobs for all who apply and are willing to work, regardless of sex, religion, ethnicity or political opinion. The Committee is therefore bound to recall that under the Convention, Sierra Leone has the obligation to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating discrimination regarding vocational training, access to employment and particular occupations, as well as terms and conditions of employment.In connection with the above, the Committee recalls that articles 7 to 9 of the 1991 Constitution establish economic, social and educational objectives for the State that potentially promote the application of the Convention. Article 15 guarantees the right to equal protection of the law irrespective of race, tribe, place of origin, political opinion, colour, creed or sex, and article 27 of the Constitution provides constitutional protection from discrimination. The Committee considers that these provisions may be an important element of a national equality policy in line with the Convention, but recalls that provisions affirming the principles of equality and non discrimination in itself cannot constitute such a policy. As stated in the Committee’s 1988 General Survey on the convention, the national policy on equality of opportunity and treatment should be clearly stated and should be applied in practice, presupposing state implementation measures in line with the principles set out in Articles 2 and 3 of the Convention and Paragraph 2 of the accompanying Recommendation No. 111. While being aware of the many challenges the Government is facing in the process of consolidating peace, the Committee encourages the Government to give serious consideration to the application of the Convention in law and practice as an integral part of its efforts to promote peace and social and economic stability. The Government is requested to provide information on measures taken or envisaged to promote and ensure equal access to technical and vocational training, public and private employment, as well as equal terms and conditions of employment, including through educational programmes and cooperation with employers’ and workers’ organizations. The Committee also reiterates its previous requests to the Government to provide information in particular on the measures taken to ensure equality in employment and occupation between women and men and among members of the different ethnic groups.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Articles 2 and 3 of the Convention. Lack of national policy. The Committee regrets that the Government does not provide any new information in respect to the Convention’s application. Since Sierra Leone has ratified the Convention, the Government has consistently reported that no legislative or administrative regulation or other measures existed to give effect to the provisions of the Convention and the Government has failed to provide information on any measures taken in this regard. In its latest report the Government repeats the general statement that it had a broad‑based policy which ensured jobs for all who apply and are willing to work, regardless of sex, religion, ethnicity or political opinion. The Committee is therefore bound to recall that under the Convention, Sierra Leone has the obligation to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating discrimination regarding vocational training, access to employment and particular occupations, as well as terms and conditions of employment.
In connection with the above, the Committee recalls that articles 7 to 9 of the 1991 Constitution establish economic, social and educational objectives for the State that potentially promote the application of the Convention. Article 15 guarantees the right to equal protection of the law irrespective of race, tribe, place of origin, political opinion, colour, creed or sex, and article 27 of the Constitution provides constitutional protection from discrimination. The Committee considers that these provisions may be an important element of a national equality policy in line with the Convention, but recalls that provisions affirming the principles of equality and non‑discrimination in itself cannot constitute such a policy. As stated in the Committee’s 1988 General Survey on the Convention, the national policy on equality of opportunity and treatment should be clearly stated and should be applied in practice, presupposing state implementation measures in line with the principles set out in Articles 2 and 3 of the Convention and Paragraph 2 of the accompanying Recommendation No. 111.
While being aware of the many challenges the Government is facing in the process of consolidating peace, the Committee encourages the Government to give serious consideration to the application of the Convention in law and practice as an integral part of its efforts to promote peace and social and economic stability. The Government is requested to provide information on measures taken or envisaged to promote and ensure equal access to technical and vocational training, public and private employment, as well as equal terms and conditions of employment, including through educational programmes and cooperation with employers’ and workers’ organizations. The Committee also reiterates its previous requests to the Government to provide information in particular on the measures taken to ensure equality in employment and occupation between women and men and among members of the different ethnic groups.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
Articles 2 and 3 of the Convention. Lack of national policy. The Committee regrets that the Government does not provide any new information in respect to the Convention’s application. Since Sierra Leone has ratified the Convention, the Government has consistently reported that no legislative or administrative regulation or other measures existed to give effect to the provisions of the Convention and the Government has failed to provide information on any measures taken in this regard. In its latest report the Government repeats the general statement that it had a broad-based policy which ensured jobs for all who apply and are willing to work, regardless of sex, religion, ethnicity or political opinion. The Committee is therefore bound to recall that under the Convention, Sierra Leone has the obligation to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating discrimination regarding vocational training, access to employment and particular occupations, as well as terms and conditions of employment.
In connection with the above, the Committee recalls that articles 7 to 9 of the 1991 Constitution establish economic, social and educational objectives for the State that potentially promote the application of the Convention. Article 15 guarantees the right to equal protection of the law irrespective of race, tribe, place of origin, political opinion, colour, creed or sex, and article 27 of the Constitution provides constitutional protection from discrimination. The Committee considers that these provisions may be an important element of a national equality policy in line with the Convention, but recalls that provisions affirming the principles of equality and non-discrimination in itself cannot constitute such a policy. As stated in the Committee’s 1988 General Survey on the Convention, the national policy on equality of opportunity and treatment should be clearly stated and should be applied in practice, presupposing state implementation measures in line with the principles set out in Articles 2 and 3 of the Convention and Paragraph 2 of the accompanying Recommendation No. 111.
1. Articles 2 and 3 of the Convention. Lack of national policy. The Committee regrets that the Government does not provide any new information in respect to the Convention’s application. Since Sierra Leone has ratified the Convention, the Government has consistently reported that no legislative or administrative regulation or other measures existed to give effect to the provisions of the Convention and the Government has failed to provide information on any measures taken in this regard. In its latest report the Government repeats the general statement that it had a broad-based policy which ensured jobs for all who apply and are willing to work, regardless of sex, religion, ethnicity or political opinion. The Committee is therefore bound to recall that under the Convention, Sierra Leone has the obligation to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating discrimination regarding vocational training, access to employment and particular occupations, as well as terms and conditions of employment.
2. In connection with the above, the Committee recalls that articles 7 to 9 of the 1991 Constitution establish economic, social and educational objectives for the State that potentially promote the application of the Convention. Article 15 guarantees the right to equal protection of the law irrespective of race, tribe, place of origin, political opinion, colour, creed or sex, and article 27 of the Constitution provides constitutional protection from discrimination. The Committee considers that these provisions may be an important element of a national equality policy in line with the Convention, but recalls that provisions affirming the principles of equality and non-discrimination in itself cannot constitute such a policy. As stated in the Committee’s 1988 General Survey on the Convention, the national policy on equality of opportunity and treatment should be clearly stated and should be applied in practice, presupposing state implementation measures in line with the principles set out in Articles 2 and 3 of the Convention and Paragraph 2 of the accompanying Recommendation No. 111.
3. While being aware of the many challenges the Government is facing in the process of consolidating peace, the Committee encourages the Government to give serious consideration to the application of the Convention in law and practice as an integral part of its efforts to promote peace and social and economic stability. The Government is requested to provide information on measures taken or envisaged to promote and ensure equal access to technical and vocational training, public and private employment, as well as equal terms and conditions of employment, including through educational programmes and cooperation with employers’ and workers’ organizations. The Committee also reiterates its previous requests to the Government to provide information in particular on the measures taken to ensure equality in employment and occupation between women and men and among members of the different ethnic groups.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
2. In connection with the above, the Committee recalls that articles 7 to 9 of the 1991 Constitution establish, economic, social and educational objectives for the State that potentially promote the application of the Convention. Article 15 guarantees the right to equal protection of the law irrespective of race, tribe, place of origin, political opinion, colour, creed or sex, and article 27 of the Constitution provides constitutional protection from discrimination. The Committee considers that these provisions may be an important element of a national equality policy in line with the Convention, but recalls that provisions affirming the principles of equality and non-discrimination in itself cannot constitute such a policy. As stated in the Committee’s 1988 General Survey on the Convention, the national policy on equality of opportunity and treatment should be clearly stated and should be applied in practice, presupposing state implementation measures in line with the principles set out in Articles 2 and 3 of the Convention and Paragraph 2 of the accompanying Recommendation No. 111.
The Committee notes with regret that for the eighth consecutive year the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. The Committee notes that the current system of education provides for technical and vocational training during the period of schooling, with a view to developing the income-generating capacity of the students. The Committee hopes that the data being collected on the implementation of this system will be supplied with the Government’s next report.
2. Recalling that no information has been supplied for some years concerning the measures taken to ensure equality of opportunity and treatment in employment for women, the Committee hopes that the Governments next report will contain full information on any initiatives taken or contemplated in this regard. The Committee would also be grateful if the Government would forward any documents describing the situation of women in the country that might have been prepared for the Fourth World Conference on Women, held in Beijing in September 1995.
The Committee notes with regret that for the eight consecutive year the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
1. The Committee has been noting that the new Constitution (Act No. 6 of 1991) no longer made provision for a one-party system and did not reserve certain high-level public offices for members of the recognized party, as had the Constitution of 1978. (The previous Constitution of 1961, which had included a general provision for the protection of fundamental rights and freedoms on most of the grounds of the Convention was suspended in 1968.) The Committee had also noted with interest that article 8(3) of the new Constitution directs state policy towards ensuring that every citizen, without distinction on any grounds whatsoever, should have the opportunity for securing adequate means of livelihood and adequate opportunities to secure suitable employment and that article 15 lays down certain fundamental human rights and freedoms for all individuals irrespective of race, tribe, place of origin, political opinion, colour, creed or sex. As there had been no progress towards enunciating a national policy to promote equality of opportunity and treatment in employment and occupation, as required by Article 2 of the Convention, the Committee had hoped that, in the light of the new Constitutional provisions and, especially, those of article 8(3), the Government would proceed to formulate a national policy, in consultation with the tripartite Joint Consultative Committee.
2. In its reports, the Government states that, despite the suspension of the 1991 Constitution, the Government has a broad-based policy which ensures jobs for all who apply, regardless of sex, religion, ethnicity and political opinion. The Government also states that the Joint Consultative Committee has yet to make its final recommendations on a national policy. The Committee notes this information with concern. It recalls that in the 30 years since the Convention’s ratification, the Government has reported consistently that no legislation or administrative regulation or other measures exist to give effect to the provisions of the Convention and that no national policy has been declared, pursuant to Article 2. With the suspension of the 1991 Constitution, there is no national legal instrument or formally declared policy in the country which provides any protection against discrimination. The Committee hopes that the Government will respect its obligations under the Convention. In particular, it trusts that a national policy on discrimination will be formulated, as required by the Convention, and that full details will be provided in the Government’s next report, on the measures being taken and contemplated to apply the Convention.
The Committee notes once again with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. The Committee notes that the current system of education provides for technical and vocational training during the period of schooling, with a view to developing the income-generating capacity of the students. The Committee hopes that the data being collected on the implementation of this system will be supplied with the Government’s next report. 2. Recalling that no information has been supplied for some years concerning the measures taken to ensure equality of opportunity and treatment in employment for women, the Committee hopes that the Governments next report will contain full information on any initiatives taken or contemplated in this regard. The Committee would also be grateful if the Government would forward any documents describing the situation of women in the country that might have been prepared for the Fourth World Conference on Women, held in Beijing in September 1995.
The Committee notes with regret that the Government’s report has not been received for the past seven years. It must therefore repeat its previous observation which read as follows:
1. The Committee has been noting that the new Constitution (Act No. 6 of 1991) no longer made provision for a one-party system and did not reserve certain high-level public offices for members of the recognized party, as had the Constitution of 1978. (The previous Constitution of 1961, which had included a general provision for the protection of fundamental rights and freedoms on most of the grounds of the Convention was suspended in 1968.) The Committee had also noted with interest that article 8(3) of the new Constitution directs state policy towards ensuring that every citizen, without distinction on any grounds whatsoever, should have the opportunity for securing adequate means of livelihood and adequate opportunities to secure suitable employment and that article 15 lays down certain fundamental human rights and freedoms for all individuals irrespective of race, tribe, place of origin, political opinion, colour, creed or sex. As there had been no progress towards enunciating a national policy to promote equality of opportunity and treatment in employment and occupation, as required by Article 2 of the Convention, the Committee had hoped that, in the light of the new Constitutional provisions and, especially, those of article 8(3), the Government would proceed to formulate a national policy, in consultation with the tripartite Joint Consultative Committee. 2. In its reports, the Government states that, despite the suspension of the 1991 Constitution, the Government has a broad-based policy which ensures jobs for all who apply, regardless of sex, religion, ethnicity and political opinion. The Government also states that the Joint Consultative Committee has yet to make its final recommendations on a national policy. The Committee notes this information with concern. It recalls that in the 30 years since the Convention’s ratification, the Government has reported consistently that no legislation or administrative regulation or other measures exist to give effect to the provisions of the Convention and that no national policy has been declared, pursuant to Article 2. With the suspension of the 1991 Constitution, there is no national legal instrument or formally declared policy in the country which provides any protection against discrimination. The Committee hopes that the Government will respect its obligations under the Convention. In particular, it trusts that a national policy on discrimination will be formulated, as required by the Convention, and that full details will be provided in the Government’s next report, on the measures being taken and contemplated to apply the Convention.
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes with regret that the Government’s report has not been received for the past six years. It must therefore repeat its previous observation which read as follows:
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:
1. The Committee notes from the report that the current system of education provides for technical and vocational training during the period of schooling, with a view to developing the income-generating capacity of the students. The Committee hopes that the data being collected on the implementation of this system will be supplied with the Government’s next report.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:
1. In its previous comment, the Committee had noted with interest that the new Constitution (Act No. 6 of 1991) no longer made provision for a one-party system and did not reserve certain high-level public offices for members of the recognized party, as had the Constitution of 1978. (The previous Constitution of 1961, which had included a general provision for the protection of fundamental rights and freedoms on most of the grounds of the Convention was suspended in 1968.) The Committee had also noted with interest that article 8(3) of the new Constitution directs state policy towards ensuring that every citizen, without distinction on any grounds whatsoever, should have the opportunity for securing adequate means of livelihood and adequate opportunities to secure suitable employment and that article 15 lays down certain fundamental human rights and freedoms for all individuals irrespective of race, tribe, place of origin, political opinion, colour, creed or sex. As there had been no progress towards enunciating a national policy to promote equality of opportunity and treatment in employment and occupation, as required by Article 2 of the Convention, the Committee had hoped that, in the light of the new Constitutional provisions and, especially, those of article 8(3), the Government would proceed to formulate a national policy, in consultation with the tripartite Joint Consultative Committee.
The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. The Committee notes from the report that the current system of education provides for technical and vocational training during the period of schooling, with a view to developing the income-generating capacity of the students. The Committee hopes that the data being collected on the implementation of this system will be supplied with the Government's next report.
The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation, which read as follows:
1. In its previous comment, the Committee had noted with interest that the new Constitution (Act No. 6 of 1991) no longer made provision for a one-party system and did not reserve certain high-level public offices for members of the recognized party, as had the Constitution of 1978. (The previous Constitution of 1961, which had included a general provision for the protection of fundamental rights and freedoms on most of the grounds of the Convention was suspended in 1968.) The Committee had also noted with interest that article 8(3) of the new Constitution directs state policy towards ensuring that every citizen, without distinction on any grounds whatsoever, should have the opportunity for securing adequate means of livelihood and adequate opportunities to secure suitable employment and that article 15 lays down certain fundamental human rights and freedoms for all individuals irrespective of race, tribe, place of origin, political opinion, colour, creed or sex. As there had been no progress towards enunciating a national policy to promote equality of opportunity and treatment in employment and occupation, as required by Article 2 of the Convention, the Committee had hoped that, in the light of the new Constitutional provisions and, especially, those of article 8(3), the Government would proceed to formulate a national policy, in consultation with the tripartite Joint Consultative Committee. 2. In its reports, the Government states that, despite the suspension of the 1991 Constitution, the Government has a broad-based policy which ensures jobs for all who apply, regardless of sex, religion, ethnicity and political opinion. The Government also states that the Joint Consultative Committee has yet to make its final recommendations on a national policy. The Committee notes this information with concern. It recalls that in the 30 years since the Convention's ratification, the Government has reported consistently that no legislation or administrative regulation or other measures exist to give effect to the provisions of the Convention and that no national policy has been declared, pursuant to Article 2. With the suspension of the 1991 Constitution, there is no national legal instrument or formally declared policy in the country which provides any protection against discrimination. The Committee hopes that the Government will respect its obligations under the Convention. In particular, it trusts that a national policy on discrimination will be formulated, as required by the Convention, and that full details will be provided in the Government's next report, on the measures being taken and contemplated to apply the Convention.
The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee notes with regret that the Governments report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. The Committee notes from the report that the current system of education provides for technical and vocational training during the period of schooling, with a view to developing the income-generating capacity of the students. The Committee hopes that the data being collected on the implementation of this system will be supplied with the Governments next report.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
2. Recalling that no information has been supplied for some years concerning the measures taken to ensure equality of opportunity and treatment in employment for women, the Committee hopes that the Government's next report will contain full information on any initiatives taken or contemplated in this regard. The Committee would also be grateful if the Government would forward any documents describing the situation of women in the country that might have been prepared for the Fourth World Conference on Women, held in Beijing in September 1995.
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
2. In its reports, the Government states that, despite the suspension of the 1991 Constitution, the Government has a broad-based policy which ensures jobs for all who apply, regardless of sex, religion, ethnicity and political opinion. The Government also states that the Joint Consultative Committee has yet to make its final recommendations on a national policy. The Committee notes this information with concern. It recalls that in the 30 years since the Convention's ratification, the Government has reported consistently that no legislation or administrative regulation or other measures exist to give effect to the provisions of the Convention and that no national policy has been declared, pursuant to Article 2. With the suspension of the 1991 Constitution, there is no national legal instrument or formally declared policy in the country which provides any protection against discrimination. The Committee hopes that the Government will respect its obligations under the Convention. In particular, it trusts that a national policy on discrimination will be formulated, as required by the Convention, and that full details will be provided in the Government's next report, on the measures being taken and contemplated to apply the Convention.
[The Government is asked to report in detail in 1996.]
Referring to its previous direct requests, the Committee notes the information supplied by the Government in its report.
1. Referring to its observation, the Committee notes that article 27(1) of the new Constitution of 1991 provides that no law shall make any provision which is discriminatory either of itself or in effect, but that section 27(5) contains an exclusion for laws adopted with respect to, inter alia, qualifications for service as a public officer, for service in a local government authority or a statutory body corporate. The Committee asks the Government to indicate what laws apply to these employees who come within the scope of the Convention.
2. Having previously noted the Government's statement that the terms and conditions of employment collectively agreed by the Trade Group Councils under the provisions of the Regulations of Wages and Industrial Relations Act (No. 18 of 1971) are applied without discrimination to all workers covered by the agreements, but in the absence of further indications on the application of the principle of non-discrimination to workers not covered by such agreements, the Committee again requests the Government to indicate which sectors of employment are still not covered by collective agreements made pursuant to the 1971 legislation (apart from those specifically excluded) and how workers therein are protected against discrimination in employment.
3. As regards the collective agreement for the Public Utilities Employees (Sierra Leone Gazette, Vol. CXIII, No. 16, 16/9/82) providing that "medical facilities shall be extended to families of workers, that is one wife and four children under 18 years of age", the Committee notes the Government's statement that in practice such benefits are extended equally to the family of a woman worker who is employed pursuant to this agreement and similar agreements. It accordingly asks the Government to indicate what measures have been taken or contemplated, for example during the renegotiation of this 1982 collective agreement - to bring that provision into conformity with the practice, thus eliminating discrimination in terms and conditions of employment based on the workers' sex.
4. As regards the Central Employment Exchange's vocational guidance counselling and further provision for technical and vocational training at technical institutes and trade schools under the control of the Ministry of Education, the Committee notes the Government's statement that action is being initiated to collect information on these matters from the relevant ministries. The Committee hopes that the Government will be able to supply this information in its next report, in particular any detailed reports on how equality of opportunity and treatment is being implemented in these areas, including any relevant statistics or publications.
5. As for follow-up action on the recommendations contained in the study on education, training and employment opportunities for women prepared by a research team appointed by the Sierra Leone National Commission for UNESCO, the Government indicates that the necessary action is being taken to get this information from the Ministry of Education. The Committee again expresses the hope that the Government will be able to include this information in its next report.
6. In reply to the Committee's previous direct request, the Government states that the relevant ministries are taking up the matter of positive fulfilment of the requirements under the Convention and that it hopes to provide the information in its next report. In the absence of any data on the practical application of the Convention, the Committee finds itself obliged to reiterate point 4 of its previous direct request, which read as follows:
The Committee would ask the Government to supply in its next report information on all steps taken for the positive fulfilment of the requirements of the Convention and on the results attained to ensure equal treatment irrespective of sex, religion, political opinion and ethnic or social origin with regard to:
(a) access to vocational training;
(b) access to employment and to particular occupations;
(c) terms and conditions of employment. In this connection the Government is more particularly requested to indicate the measures taken to promote equality of opportunity and treatment:
(i) in employment, vocational training and occupational guidance under a national authority;
(ii) through legislation and educational programmes;
(iii) in cooperation with employers' and workers' organizations and other appropriate bodies, in particular with regard to employment in the private sector and matters not settled by collective agreements.
1. With reference to its previous comments concerning discrimination in employment on the basis of political opinion, the Committee notes with interest the adoption of the new Constitution (Act No. 6 of 1991), which no longer makes provision for a one-party system and does not reserve certain high public offices to members of the recognized party. The Committee also notes with interest that article 8(3) of the new Constitution directs state policy towards ensuring that every citizen, without distinction on any grounds whatsoever, should have the opportunity for securing adequate means of livelihood and adequate opportunities to secure suitable employment and that article 15 lays down certain fundamental human rights and freedoms for all individuals irrespective of race, tribe, place of origin, political opinion, colour, creed or sex.
2. With reference to its previous observations concerning the lack of a national policy to promote equality of treatment in employment and occupation and in terms and conditions of employment, the Committee notes the Government's statement in its latest report that there have been no changes in the implementation of the Convention. Recalling Article 2 of the Convention, the Committee stresses again that the application of the Convention requires the adoption of positive measures in pursuance of a national policy designed to promote equality of opportunity. In the light of article 8(3) of the new Constitution, the Committee requests the Government to supply information on the points to be covered by such a policy in connection with the principle of equality of opportunity in employment and occupation and in education, which are again considered in more detail in a request addressed directly to the Government.
Recalling that the Government intended to seek the views of the Tripartite Joint Consultative Committee, as soon as it convened, regarding possible ways to promote the aims of the Convention, the Committee notes from the Government's report that this matter remains before the Tripartite Joint Consultative Committee and that the Government will provide information on any changes in the situation. The Committee again expresses the hope that the Government will provide full information in the near future on the pertinent issues raised in the direct request which, it trusts, has been brought to the attention of the Consultative Committee.
Referring also to its observation under the Convention, the Committee hopes that the Government will provide full information on the following matters raised in previous direct requests.
1. The Committee has noted the Government's statement that the terms and conditions of employment collectively agreed by the Trade Group Councils under the provisions of the Regulations of Wages and Industrial Relations Act (No. 18 of 1971) are applied without discrimination to all workers covered by the agreements. The Committee asks the Government to indicate which sectors of employment are still not covered by collective agreements made pursuant to the 1971 legislation, apart from those specifically excluded. Having noted from a collective agreement for the Public Utilities Employees (Sierra Leone Gazette, Vol. CXIII, No. 16, 16/9/82) that "medical facilities shall be extended to families of workers, that is, one wife and four children under 18 years of age", the Committee would ask the Government whether such benefits would be extended equally to the family of a woman worker who is employed pursuant to this or a similar agreement.
2. The Committee has noted that a vocational guidance counselling service was being provided in the Central Employment Exchange; and that provision was being made for technical and vocational training at technical institutes and trade schools under the control of the Ministry of Education. The Committee would ask the Government to indicate how equality of opportunity and treatment is being implemented in these areas and to forward any relevant statistics or publications.
3. The Committee noted that no action has been taken on the recommendations contained in the study on education, training and employment opportunities for women prepared by a research team appointed by the Sierra Leone National Commission for UNESCO. The Committee hopes that the Government will be able to include in its next report information on the attention being given to these recommendations.
4. Referring also to its observation on the Convention, the Committee would ask the Government to supply in its next report information on all steps taken for the positive fulfilment of the requirements of the Convention and on the results attained to ensure equal treatment irrespective of sex, religion, political opinion and ethnic or social origin with regard to:
(iii) in co-operation with employers' and workers' organisations and other appropriate bodies, in particular with regard to employment in the private sector and matters not settled by collective agreements.
1. In its previous observations, the Committee noted the Government's indication that no national policy had been declared to promote equality of treatment in respect of access to employment and occupation and as regards terms and conditions of employment and that consequently, it had not been possible to appraise the effect of such a policy. The Committee pointed out that application of the Convention requires the adoption of positive measures in pursuance of a national policy designed to promote equality of opportunity, and requested the Government to supply information on a number of points to be covered by such a policy which were considered in a more detailed request addressed directly to the Government. The Committee notes the Government's statement in its latest report that it intends to seek the views of the Tripartite Joint Consultative Committee, as soon as it is convened, as to ways in which the aims of this promotional Convention might be further pursued. In the absence of a reply concerning the various questions raised in the direct request, the Committee hopes that full information on these matters will soon be provided. 2. In its previous observations, the Committee noted that the Constitution of Sierra Leone (Act No. 12 of 1978) makes provisions for a one-party system of Government and does not prohibit discrimination on the basis of political opinion, as did the previous Constitution. The Committee further noted that articles 138(3) and 139(3) of the Constitution reserve certain high public offices to members of the recognised party, and asked the Government to supply information on any further provisions adopted which would establish a link between political opinion or affiliation and qualifications for employment. The Government states in its latest report that it is not aware of any such provisions. The Committee takes due note of this indication and asks the Government to supply full information on present conditions governing access to employment in the public sector, including copies of relevant laws and regulations.
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(a)access to vocational training;
(b)access to employment and to particular occupations;
(c)terms and conditions of employment. In this connection the Government is more particularly requested to indicate the measures taken to promote equality of opportunity and treatment:
(i)in employment, vocational training and occupational guidance under a national authority;
(ii)through legislation and educational programmes;
(iii)in co-operation with employers' and workers' organisations and other appropriate bodies, in particular with regard to employment in the private sector and matters not settled by collective agreements.