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

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Sierra Leona (Ratificación : 2011)

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Trafficking in children. The Committee previously noted that section 2 of the Anti-Human Trafficking Act (2005) penalized trafficking in persons for exploitation. Noting the limited prosecution and conviction rates under the Anti-Human Trafficking Act (2005), and the absence of a specific action plan to implement the Act, the Committee previously requested the Government to ensure that thorough investigations and robust prosecutions of offenders are carried out.

The Committee notes that the Anti-Human Trafficking Act (2005) establishes the National Task Force on Anti-Human Trafficking and empowers the task force to coordinate the implementation of the Act, especially concerning the enforcement of the law against trafficking and the prosecution of corrupt public officials who facilitate trafficking. The Committee also notes that the National Task Force on Anti-Human Trafficking adopted a new 2021–2023 Anti-Trafficking National Action Plan, which contains a strategic objective to ensure that human trafficking and smuggling incidents are thoroughly investigated, and cases successfully prosecuted, with expected results of at least 35 trafficking cases investigated in 2021, 40 in 2022 and 45 in 2023. It further notes the information that the Government allocated 1 billion Leones ($103,740) to anti-trafficking efforts in the fiscal year 2020.

The Committee, however, notes from the report of the Government that only four successful prosecutions of offenders in both 2020 and 2021. It also notes the absence of a report on the allocation of funds for the Government's anti-trafficking efforts in the fiscal year 2021, and the adverse effect this might have on anti-trafficking efforts including the implementation of the anti-human trafficking national action plan. The Committee, therefore, reiterates its request to the Government to strengthen its efforts to combat trafficking in children and to ensure that thorough investigations and prosecutions of offenders are carried out and sufficiently effective and dissuasive penalties are applied in practice. The Committee once again requests the Government to provide information on the application of the Anti-Human Trafficking Act in practice, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed regarding the trafficking of children under 18 years. It also requests the Government to provide information on the implementation of the Anti-Trafficking Action Plan (2021–2023), and the results achieved.

Article 5. Monitoring mechanisms. 1. National Task Force on Anti-Human Trafficking. The Committee previously noted that the Government established a National Task Force on Anti-Human Trafficking to coordinate, monitor and supervise the implementation of the Anti-Human Trafficking Act. It requested the Government to provide information on the activities of the National Task Force on Anti-Human Trafficking in preventing and combating trafficking in persons and the results achieved.

The Committee notes the response of the Government that the Task Force has conducted training for border patrol agents; created a Family Support Unit within the Sierra Leone police force; created a Fast-Track Court for Sexual Offences (Sexual Offence Mobile Court); convicted 4 offenders; criminalized the offence of the Worst Forms of Child Labour; and Developed an Anti-Trafficking Action Plan 2021–2023.

The Committee further notes that section 4 of the Anti-Human Trafficking Act (2005) empowers the National Task Force on Anti-Human Trafficking to coordinate the implementation of the Act, including the rendering of assistance to victims of trafficking, the prevention of trafficking through the adoption and encouragement of local initiatives to improve the economic well-being and opportunity for potential victims and increased public awareness of the causes and consequences of trafficking. The Committee, therefore, requests the Government to provide information on the role of the Task Force in the creation of the Sexual Offence Mobile Court, as well as the scope, function and operationalisation of this court. It also requests information on the scope, functions and operationalisation of the Family Support Unit of the Sierra Leone police created by the Taskforce.

2. National Technical Steering Committee, Child Welfare Committees and National Commission for Children. The Committee previously noted the Government's information that a National Technical Steering Committee on Child Labour (NTSC) was established to guide policy, strategy and documentation relating to child labour in Sierra Leone. The Committee also noted that Child Welfare Committees (CWCs) were established at the national, regional, district, and community levels to coordinate all child protection activities, as well as to monitor and supervise child labour in the local communities. It requested the Government to provide information on the activities and impact of the NTSC, CWCs and the National Commission for Children on preventing and combating trafficking in persons.

The Committee notes the information that the CWCs are in operation at national, regional, district and chiefdom levels, and that members of the CWCs provide counselling services for victims of the worst forms of child labour, and report complex issues to the Ministry of Social Welfare. It further notes the information that the CWCs have developed Standard Operating Procedures to curb cross border trafficking across the Guinea and Sierra Leone migration corridor.

The Committee also notes the response of the Government on the functions of the National Commission for Child Labour. However, it notes the lack of information on the impact of the activities of the Commission on preventing child labour and trafficking in persons in Sierra Leone. It further notes with concern the information provided by the Government that the National Technical Steering Committee is not functional. While noting the measures taken by the Government, the Committee urges it to continue its efforts to strengthen national, state, district and community level monitoring mechanisms to combat trafficking in children. It also requests the Government to provide information on the impact of the activities of the National Commission for Child Labour, and the National Technical Steering Committee, once this becomes functional, on preventing and combating trafficking in children, as well as the results achieved.

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