Observación (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Convenio sobre la edad mínima, 1973 (núm. 138) - Sierra Leona (Ratificación : 2011)

Article 2(1). Scope of application. The Committee previously noted that section 125 of the Child Rights Act (2007) sets the minimum age of full-time employment at 15 years in the formal and informal economies. However, according to sections 52 and 53 of the Employers and Employed Act of 1960 (as amended in 1962), children under the age of 15 years shall not be employed or work in any public or private industrial undertaking, or any branch thereof or on any vessel, other than an undertaking or vessel in which only members of the same family are employed. The Committee requested that the Government takes step to address this discrepancy with respect to the application of the minimum age provisions in the Employers and Employed Act and the Child Rights Act.

The Committee notes the response of the Government, in its report, that the Labour Bill of 2018 harmonises national legislation including the Employers and Employed Act of 1960 (as amended in 1962), the Registration of Employees Ordinance (Cap 213), and the Recruitment of Employees Ordinance (Cap 216). The Committee also observes that the Labour Bill in section 102 prohibits the employment of children below the age of 15 in any industrial undertaking, and section 1 defines an industrial undertaking to include mines, quarries and other works for the extraction of minerals from the earth; industries in which articles are produced or processed, including industries concerned with the generation and transmission of electricity and motive power of any kind; industries concerned with the construction and repair of buildings and installations; and industries concerned with the transport of passengers or goods. However, the Committee notes that section 104(2) of the Labour Bill excludes commerce and agriculture from the definition of industrial undertakings. Noting the prevalence of child labour in Sierra Leone’s informal sector including the commerce and agricultural sectors, the Committee once again requests the Government to take the necessary measures to ensure that children working in all branches of economic activity, including the informal economy, benefit from the protection laid down in the Convention.

Article 3(2). Determination of the types of hazardous work. The Committee previously requested the Government to take necessary measures to ensure that a List of Hazardous Work Prohibited to Children under the age of 18 years is adopted. The Committee notes the Government’s information that the List of Hazardous Work Prohibited to Children under the age of 18 years has been developed, adopted, disseminated and being used by Labour Officials and their partners. Recalling the previous response of the Government that the List of Types of Hazardous Child Labour would be passed by Cabinet as a Statutory Supplementary Instrument, the Committee notes that the copy of the hazardous list, which the Government has provided as a part of its report, is not formatted as a regulation prohibiting hazardous types of work.

The Committee recalls the need for the List of Types of Hazardous Work to be hinged upon national laws or regulations, in consultation with the organizations of employers and workers concerned. The Committee therefore urges the Government to take the necessary measures without delay to ensure that the List of Types of Hazardous Work prohibited to Children under the age of 18 in Sierra Leone will be adopted in the form of a regulation or statutory instrument. The Committee requests that the Government provide information on progress made in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee previously noted that section 54(2) of the Employers and Employed Act permits underground work in mines of male persons who have attained the age of 16 years with a medical certificate attesting fitness for such work. It also noted that there were no provisions that establish the requirement to ascertain that young persons between the ages of 16 and 18 years that are engaged in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3(3) of the Convention.

The Committee notes the response of the Government that it will review the Labour Bill to reflect principles enshrined in Article 3(3) of the Convention. The Committee further observes with interest that section 102(2) of the Labour Bill expressly prohibits the employment of children below the age of 18 in underground mines. Noting the conformity of section 102(2) of the Labour Bill with the Convention, the Committee requests the Government to ensure that this provision is retained during the enactment of the Labour Bill.

Article 6. Vocational training and apprenticeship. The Committee previously noted that according to section 135 of the Child Rights Act, the minimum age at which a child may commence apprenticeships, including in the informal economy (section 134), shall be 15 years or after completion of basic education, whichever is later. The Committee also noted that, according to section 59 of the Employers and Employed Act, any person of 14 years and above may apprentice himself to any trade or employment. However, according to section 57 of this Act, the father or the guardian of a child above the age of 12 years may, with the consent of that child, apprentice such child to trade or employment in which art or skill is required, or as a domestic worker. The Committee recalled that under Article 6 of the Convention, a young person must be at least 14 years of age to undertake an apprenticeship.

The Committee notes the response of the Government that the Labour Bill 2018 would address the issue of minimum age for apprenticeship and set the same to at least 14 years. The Committee also observes that section 107 of the Labour Bill sets the minimum age at which a child may commence an apprenticeship with a Craftsman to be 15 years or after completion of basic education. Noting the conformity of section 107 of the Labour Bill with Article 6 of the Convention, the Committee requests that the Government take steps to ensure a minimum age of 14 years for apprenticeship is retained during the enactment.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee previously noted that section 127 of the Child Rights Act determines the minimum age for the engagement of a child in light work as 13 years and defines light work as work that is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from schoolwork. However, the Committee also noted that section 51 of the Employers and Employed Act provides for an exception to children under the age of 12 years to be employed by a member of the family of such a child to engage in light work of an agricultural, horticultural or domestic character and which has been approved by the competent authority. The Committee recalled that, under the terms of Article 7(1) of the Convention, light work activities may be permitted only to persons between 13 and 15 years of age provided that such work is not likely to be harmful to their health or development and does not prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received.

The Committee notes the response of the Government that the Labour Bill will address the issues raised with respect to the age for admission to light work and determination of light work in Sierra Leone. The Committee observes that section 103(1) of the Labour Bill sets the minimum age for the engagement of a child in light work at 13 years. The Committee also notes that the Bill, in section 104, reiterates the position of the Child Rights Act and defines light work to mean any work which is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from schoolwork. Noting the conformity of the provisions of the Labour Bill with respect to the minimum age for admission to light work, the Committee, therefore, requests the Government to take the necessary measures to ensure that these provisions are retained during the enactment of the Labour Bill. It also requests the Government to take the necessary measures to determine light work activities as well as the conditions in which light work may be permitted and the number of hours during which such employment of children may be undertaken, ensuring that children have sufficient leisure time and do not miss school.

Application of the Convention in practice. The Committee previously expressed its deep concern at the large number of children involved in child labour and hazardous work. It urged the Government to pursue efforts to prevent and eliminate child labour in Sierra Leone. It also requested the Government to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons.

The Committee notes the response of the Government that it is pursuing efforts through the review of existing legislation and conduct of inspections and ensuring collaborative partnerships between its ministries, departments and agencies to make sure that child labour is prevented and eliminated. The Committee also notes the plan of the Government to establish a labour market information system (LMIS) that would provide information to support the fight against child labour.

The Committee observes that the response of the Government does not provide current statistical data on the employment of children and young persons. However, an analysis of child economic activity and school attendance statistics from Sierra Leone’s national household or child labour surveys, specifically, data from the Multiple Indicator Cluster Survey 6 (MICS 6), 2017, puts the percentage of children aged between 4–15, who are only working (without attending school) at 32 per cent. The Committee also notes that the Government did not publish any data on child labour in 2020, and thus there is limited information on the impact of COVID-19 on the campaign against child labour in Sierra Leone.

The Committee again expresses its deep concern at the large number of children involved in child labour and in hazardous work. It urges the Government to continue to take the necessary measures to prevent and eliminate child labour within the country. It also requests the Government to provide information relating to the application of the Convention in Sierra Leone, including statistical data on the employment of children and young persons below the age of 15.

The Committee expresses the hope that the Government will take into consideration the Committee’s comments while revising the Labour Bill. It further expresses the firm hope that the revised Bill will be adopted in the near future. The Committee invites the Government to avail itself of ILO technical assistance in order to bring its legislation into conformity with the Convention.

The Committee is raising other matters in a request addressed directly to the Government.