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Previous observation and previous direct request
Previous comments: observation and direct request
Repetition Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted that, within the framework of the Global Action Programme on Child Labour Issues (GAP-11) 2011–15 (ILO–IPEC), two regional workshops on capacity building of labour inspectors and other key partners on child labour monitoring were held in 2013, of which a direct result is the draft of a Child Labour Action Plan. The Committee also noted that a National Employment Policy and a National Social Protection Policy had been developed and validated and were awaiting approval by the Cabinet. The Committee notes that the National Employment Policy and Strategy and the implementation plan for 2015–18 have been launched in 2016. However, the National Social Protection Plan is still awaiting the cabinet approval. The Committee also notes that, according to the written replies of the Government to the list of issues in relation to the combined third to fifth periodic reports to the Committee on the Rights of the Child of September 2016 (CRC, CRC/C/SLE/Q3-5/Add.1, paragraph 1), a National Child Welfare Policy has been developed in 2014, which established a more comprehensive system to support families and communities in promoting the rights and protection of children. The Government is also committed to developing an implementation strategy for this policy and the National Child Protection Policy itself in 2017. In this regard, the Committee requests that the Government take the necessary measures to implement the National Child Welfare Policy and adopt the National Child Protection Policy, as well as to provide information on the results achieved. The Committee also requests that the Government indicate the progress made with regard to the adoption of the Child Labour Action Plan, and to provide information on the impact of the National Employment Policy and the National Social Protection Policy in eliminating child labour in the country. 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)). However, the Committee noted that, according to the survey tables provided by the joint ILO–IPEC, UNICEF and World Bank report on Understanding Children’s Work (UCW), only 73.6 per cent of children 5–14 years of age are attending school. The Committee also expressed its concern at the discrimination against girls with regard to access to education. The Committee notes that, according to the UNESCO Institute for Statistics, in 2015, the net enrolment rate in primary education reached 99.21 per cent. However, the net enrolment rate in lower secondary school was only 30.29 per cent, lower than that in 2013 (40.10 per cent). Moreover, in 2013, the completion rate in primary education was 66.62 per cent, while that in lower secondary education was only 40.38 per cent, with a higher percentage among boys (50.01 per cent) than girls (32.76 per cent). Considering that compulsory education is one of the effective means of combating child labour, the Committee once again requests that the Government take steps to increase the school enrolment and attendance rates and reduce the school drop-out rates, especially in lower secondary school, in order to prevent children under the age of 15 years from working. It requests that the Government provide information on the steps taken in this regard. Article 6. Vocational training and apprenticeship. The Committee previously noted that, pursuant 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 by virtue of Article 6 of the Convention, a young person must be at least 14 years of age to undertake an apprenticeship. The Committee notes the absence of information in this regard. The Committee therefore once again requests that the Government take the necessary measures to bring the relevant provisions of the Employers and Employed Act into line with Article 6 of the Convention in order to ensure that no child under the age of 14 years undertakes an apprenticeship programme. 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 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 school work. 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. This section further provides that a child shall not be employed before 6 a.m. and after 8 p.m. and, on any day, not for more than two hours a day and shall not be required to lift, carry or move anything so heavy as to be likely to cause injury to him. 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 absence of information on this point. The Committee therefore once again requests that the Government take the necessary steps to bring the relevant provisions of the Employers and Employed Act into conformity with the Convention by permitting employment in light work only for children who have reached the age of 13 years. Article 8. Artistic performance. The Committee previously noted that according to the Government’s report, Sierra Leone had not applied any of the exceptions provided under Article 8 of the Convention. Nonetheless, 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 in cultural and artistic activities or other leisure activities. The Committee notes the absence of information in this regard. 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. With regard to penalties under the Employers and Employed Act, section 86 stated 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 to imprisonment with or without hard labour, for six months, or to both such fine and imprisonment. The Committee notes the absence of information in this regard. The Committee requests that the Government provide 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.
Repetition Article 2(1) of the Convention. Scope of application. The Committee previously noted that, according to section 129 of the Child Rights Act of 2007 (Child Rights Act), the provisions related to the employment of children apply to employment in the formal and informal economies. However, according to sections 52 and 53 of the Employers and Employed Act of 1960, children under the age of 15 years shall not be employed or work in any public or private industrial undertaking, or in 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 notes the absence of information in the Government’s report in this regard. Noting the discrepancies on the application of the minimum age provisions, the Committee once again requests the Government to take the necessary measures to harmonize the provisions of the Employers and Employed Act with the Child Rights Act, so as to ensure that children working in all branches of economic activity, including family undertakings, also benefit from the protection laid down in the Convention. Article 3(2). Determination of the types of hazardous work. The Committee previously noted that, according to section 128(3) of the Child Rights Act, hazardous types of work prohibited to children under 18 years of age include: going to sea; mining and quarrying; porterage of heavy loads; manufacturing industries where chemicals are produced or used; work in places where machines are used; and work in places such as bars, hotels and places of entertainment where a person may be exposed to immoral behaviour. It also noted that section 126 of the Child Rights Act and section 48 of the Employers and Employed Act prohibit night work of persons under the age of 18 years. The Committee further noted the Government’s indication that the Ministry of Labour and Social Security (MLSS) had developed a list of types of hazardous work prohibited to children under 18 years of age after consultations with the social partners, child protection agencies and civil society organizations. This list of hazardous types of work had been validated and was awaiting Cabinet approval as a Statutory Supplementary Instrument. The Committee notes the Government’s information in its report that the list of hazardous types of work is still awaiting Cabinet approval. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited to children under the age of 18 years is adopted in the near future. It requests that the Government provide information on any 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. However, there appear to be no provisions which establish the requirement to ascertain that young persons between the ages of 16 and 18 years 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 absence of information on this point. The Committee once again reminds the Government that according to Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years, on condition that the young persons receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore once again requests that the Government take the necessary measures to ensure compliance with the conditions set out in Article 3(3) of the Convention. Labour inspectorate. The Committee previously noted that according to the provisions of section 132 of the Child Rights Act, a district labour officer shall carry out an inquiry he may consider necessary in order to satisfy himself that the provisions of Part VIII of the Act dealing with the employment of children and young persons in the formal economy are being strictly observed. For the purposes of this section, any person may be interrogated by the district labour officer. Furthermore, if a district labour officer is reasonably satisfied that the provisions of this Part are not being complied with, they shall report the matter to the police who shall investigate the matter and take the appropriate steps to prosecute the offender. The Committee also noted that similar provisions are laid down under section 133 of the Child Rights Act with regard to the enforcement of the provisions related to the employment of children in the informal economy by the District Council. The Committee also noted the Government’s information that the Child Labour Unit established within the MLSS was also mandated to monitor child labour in workplaces. The Government’s report further indicated that the inspections carried out in the formal sector revealed the non-existence of child labour; however, only limited inspections were carried out in the informal economy and therefore no relevant data on child labour in this sector was available. Moreover, the Government stated in its report that the labour inspectors, investigators and other key enforcement agencies were still operating on old legislation and that they lacked proper training on child labour monitoring. The Committee notes that, in its comments of 2013 under the Labour Inspection Convention, 1947 (No. 81), the Committee had noted that the labour inspectorate in Sierra Leone was practically inoperative. The Committee therefore once again requests that the Government take the necessary measures to strengthen the functioning of the labour inspectorate to ensure the effective monitoring of children working in the formal and informal economy. The Committee also once again requests the Government to provide information on the functioning of the Child Labour Units with regard to the child labour inspections carried out and on the number and nature of violations detected. Application of the Convention in practice. The Committee previously noted that the data released by the ILO on 12 June 2008 indicated that more than half of all the children between the ages of 7 and 14 years were child labourers. While noting the measures taken by the Government, the Committee expressed its concern at the high number of children below the legal minimum age who were engaged in child labour in Sierra Leone. The Committee also noted from the project report of the ILO–IPEC project entitled “Tackle Child Labour through Education” (TACKLE project) that the TACKLE project and the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) conducted a National Child Labour Survey in 2010–11 in Sierra Leone, the report of which had not yet been published. The Committee notes that the Government provided results of the National Child Labour Survey 2011 in its written replies to the list of issues in relation to the combined third to fifth periodic reports to the Committee on the Rights of the Child (CRC) of September 2016 (CRC/C/SLE/Q/3-5/Add.1, Annex II), according to which, 45.9 per cent of children aged 5–17 year of age were involved in child labour. Particularly, 31 per cent of children between 5 and 14 years of age were engaged in child labour, while 22 per cent of children between 5 and 17 years of age were involved in hazardous work. The Committee further notes that, according to the State of the World’s Children 2014 (UNICEF), more than a quarter (26 per cent) of children aged 5–17 years were involved in hazardous work. The Committee expresses its deep concern at the large number of children involved in child labour and hazardous work. It urges the Government to pursue its efforts to prevent and eliminate child labour within the country. It also requests 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.
Repetition Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted that, within the framework of the Global Action Programme on Child Labour Issues (GAP-11) 2011–15 (ILO–IPEC), two regional workshops on capacity building of labour inspectors and other key partners on child labour monitoring were held in 2013, of which a direct result is the draft of a Child Labour Action Plan. The Committee also noted that a National Employment Policy and a National Social Protection Policy had been developed and validated and were awaiting approval by the Cabinet. The Committee notes that the National Employment Policy and Strategy and the implementation plan for 2015–18 have been launched in 2016. However, the National Social Protection Plan is still awaiting the cabinet approval. The Committee also notes that, according to the written replies of the Government to the list of issues in relation to the combined third to fifth periodic reports to the Committee on the Rights of the Child of September 2016 (CRC, CRC/C/SLE/ Q3-5/Add.1, paragraph 1), a National Child Welfare Policy has been developed in 2014, which established a more comprehensive system to support families and communities in promoting the rights and protection of children. The Government is also committed to developing an implementation strategy for this policy and the National Child Protection Policy itself in 2017. In this regard, the Committee requests that the Government take the necessary measures to implement the National Child Welfare Policy and adopt the National Child Protection Policy, as well as to provide information on the results achieved. The Committee also requests that the Government indicate the progress made with regard to the adoption of the Child Labour Action Plan, and to provide information on the impact of the National Employment Policy and the National Social Protection Policy in eliminating child labour in the country. 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)). However, the Committee noted that, according to the survey tables provided by the joint ILO–IPEC, UNICEF and World Bank report on Understanding Children’s Work (UCW), only 73.6 per cent of children 5–14 years of age are attending school. The Committee also expressed its concern at the discrimination against girls with regard to access to education. The Committee notes that, according to the UNESCO Institute for Statistics, in 2015, the net enrolment rate in primary education reached 99.21 per cent. However, the net enrolment rate in lower secondary school was only 30.29 per cent, lower than that in 2013 (40.10 per cent). Moreover, in 2013, the completion rate in primary education was 66.62 per cent, while that in lower secondary education was only 40.38 per cent, with a higher percentage among boys (50.01 per cent) than girls (32.76 per cent). Considering that compulsory education is one of the effective means of combating child labour, the Committee once again requests that the Government take steps to increase the school enrolment and attendance rates and reduce the school drop-out rates, especially in lower secondary school, in order to prevent children under the age of 15 years from working. It requests that the Government provide information on the steps taken in this regard. Article 6. Vocational training and apprenticeship. The Committee previously noted that, pursuant 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 by virtue of Article 6 of the Convention, a young person must be at least 14 years of age to undertake an apprenticeship. The Committee notes the absence of information in this regard. The Committee therefore once again requests that the Government take the necessary measures to bring the relevant provisions of the Employers and Employed Act into line with Article 6 of the Convention in order to ensure that no child under the age of 14 years undertakes an apprenticeship programme. 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 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 school work. 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. This section further provides that a child shall not be employed before 6 a.m. and after 8 p.m. and, on any day, not for more than two hours a day and shall not be required to lift, carry or move anything so heavy as to be likely to cause injury to him. 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 absence of information on this point. The Committee therefore once again requests that the Government take the necessary steps to bring the relevant provisions of the Employers and Employed Act into conformity with the Convention by permitting employment in light work only for children who have reached the age of 13 years. Article 8. Artistic performance. The Committee previously noted that according to the Government’s report, Sierra Leone had not applied any of the exceptions provided under Article 8 of the Convention. Nonetheless, 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 in cultural and artistic activities or other leisure activities. The Committee notes the absence of information in this regard. 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. With regard to penalties under the Employers and Employed Act, section 86 stated 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 to imprisonment with or without hard labour, for six months, or to both such fine and imprisonment. The Committee notes the absence of information in this regard. The Committee requests that the Government provide 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.