Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 138) sur l'âge minimum, 1973 - Sierra Leone (Ratification: 2011)

Autre commentaire sur C138

Observation

Demande directe

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The Committee notes the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that Sierra Leone was a participating country within the ILO–IPEC TACKLE project 2008–13, aimed at providing equitable access to basic education and skills development to the most disadvantaged section of society. It also notes that, according to the ILO–TACKLE project country overview report, within the framework of this project, a total of 1,700 children were withdrawn/prevented from child labour and provided with educational support, while 600 families were provided with income-generating activities. Furthermore, a child labour National Technical Steering Committee (NTSC) was established and a Child Labour Unit was created within the Ministry of Labour and Social Security (MLSS) to formulate, implement and coordinate child labour strategies.

In addition, ILO–IPEC has also been implementing the Global Action Programme on Child Labour Issues (GAP-11) 2011–15, within which two regional workshops on capacity building of labour inspectors and other key partners on child labour monitoring were conducted in Freetown in April 2013 and in the eastern region in Kenema in September 2013. As a direct result of the training of labour inspectors, a Child Labour Action Plan was developed.

The Committee also notes the Government’s information that a National Employment Policy and a National Social Protection Policy have been developed and validated and are awaiting approval by the Cabinet. The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of 2008, expressed concern at the continuing existence of child labour, including hawking/peddling, domestic labour and the widespread use of children for purposes of manual labour in mining areas (CRC/C/SLE/CO/2, paragraph 68). The Committee also notes 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 are child labourers. While noting the measures taken by the Government, the Committee expresses its concern at the high number of children below the legal minimum age who are engaged in child labour in Sierra Leone. In this regard, the Committee requests the Government to strengthen its efforts to prevent and eliminate child labour within the country, including through measures implemented in collaboration with ILO–IPEC. It also requests the Government to take the necessary measures to adopt and implement, without delay, the Child Labour Action Plan and to provide information on the results achieved. The Committee finally requests the Government 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(1). 1. Scope of application. The Committee notes 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. Noting the discrepancies on the application of the minimum age provisions, the Committee 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 under the Convention.

2. Minimum age for admission to employment or work. In ratifying the Convention, Sierra Leone specified a minimum age of 15 years for admission to employment or work within its territory. The Committee notes that as per section 125 of the Child Rights Act, 15 years is the minimum age for the engagement of a child in full-time employment.

Article 2(3). Age of completion of compulsory education. The Committee notes that according to section 3 of the Education Act of 2004, the six years of primary education and three years of junior secondary education shall constitute formal basic education which shall be free and compulsory. Section 2(3) of the Education Act further indicates that the age of entry into primary school shall be 6 years. In this regard, the Committee observes that the compulsory education shall be completed at the age of 15 years which is also the minimum age for admission to employment. Furthermore, section 125 of the Child Rights Act stipulates that 15 years shall be the age at which the compulsory education of a child shall end.

The Committee notes, however, that according to the survey tables provided by the joint ILO–IPEC, UNICEF and World Bank report on Understanding Children’s Work (UCW), of the total child population of 1,684,964 children between the ages of 5–14 years, only 73.6 per cent of children are attending school. The Committee also notes that the CRC, in its concluding observations of 2008, expressed concern at the low enrolment rates, especially of girls (CRC/C/SLE/CO/2, paragraph 64). Considering that compulsory education is one of the effective means of combating child labour, the Committee requests the Government to take steps to increase the school enrolment and attendance rates and reduce the school drop-out rate, especially among girls, in order to prevent children under the age of 15 years from working. It requests the Government to provide information on the measures taken in this regard.

Article 3(1). Minimum age for admission to hazardous work. The Committee notes that by virtue of section 128 of the Child Rights Act, the minimum age for engagement of a person in hazardous work, which poses a danger to the health, safety or morals of a person, is 18 years.

Article 3(2). Determination of hazardous work. The Committee notes 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 notes that section 126 of the Child Rights Act and section 48 of the Employers and Employed Act prohibits night work of persons under the age of 18 years. Furthermore, as per section 55 of the Employers and Employed Act, young persons under the age of 18 years shall not be employed or work in vessels as trimmers or stokers.

The Committee further notes the Government’s indication that the Ministry of Labour and Social Security has 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 work has been validated and is currently awaiting Cabinet approval as a Statutory Supplementary Instrument. The Committee 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 will be adopted in the near future. It requests the Government to 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 notes 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 which shall be conditional on the production of 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 have received adequate specific instruction or vocational training in the relevant branch of activity as required by Article 3(3) of the Convention. The Committee 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 have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to take the necessary measures to ensure compliance with the conditions set out in Article 3(3) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee notes 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 notes 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 servant. The Committee recalls 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 accordingly requests the Government to 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. Section 127 of the Child Rights Act provides that the minimum age for the engagement of a child in light work shall be 13 years. Light work, according to paragraph (2) of section 127, constitutes 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. The Committee notes, however, 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 recalls 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 therefore requests the Government to take the necessary measures 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. According to the Government’s report, Sierra Leone has not applied any of the exceptions provided under Article 8 of the Convention. Nonetheless, section 29 of the Child Rights Act provides that no person shall deprive a child (defined as persons under the age of 18 years) the right to participate in sports or in cultural and artistic activities or other leisure activities. The Committee requests the Government to 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 requests the Government to indicate the measures taken in this regard.

Article 9(1). Penalties. The Committee notes that section 131 of the Child Rights Act provides 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 states that any person who fails to comply with the provisions of this Act shall be deemed to have committed an offence and shall be liable to a fine of 50 pounds (about US$81), or to imprisonment with or without hard labour, for six months, or to both such fine and imprisonment. The Committee requests the Government to 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.

Article 9(3). Keeping of registers. The Committee notes that according to section 130(1) of the Child Rights Act, an employer in any industrial undertaking shall keep a register of the children and young persons employed by him/her indicating their ages or dates of birth or of their apparent ages if their dates of birth are not known. Section 131(2) of the Child Rights Act further provides that any person who violates the provisions of section 130(1) shall be punished with a fine not exceeding SLL500,000.

Part III of the report form. Labour inspectorate. The Committee notes 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, he shall report the matter to the police who shall investigate the matter and take the appropriate steps to prosecute the offender. The Committee also notes 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 notes the Government’s information that the Child Labour Unit established within the MLSS is also mandated to monitor child labour in workplaces. In addition, the Ministries of Social Welfare; Gender and Children’s Affairs; Local Government and Internal Affairs; and Education, Science and Technology also identify and refer cases of child labour to the appropriate authorities. The Government’s report further indicates that the inspections carried out in the formal sector indicated the non-existence of child labour. However, the Government’s report states that only limited inspections are carried out in the informal economy and therefore no relevant data on child labour in this sector are available. Moreover, the Government states in its report that the labour inspectors, investigators and other key enforcement agencies are still operating on old legislations and they lack proper training on child labour monitoring. Furthermore, the Committee notes that, in its comments of 2012 under Convention No. 81, the Committee had noted that the labour inspectorate in Sierra Leone was practically inoperative. The Committee therefore requests the Government to take the necessary measures to strengthen the functioning of the labour inspectorate, by increasing the number of labour inspectors, providing them with additional means and resources as well as providing them with adequate training to ensure the effective monitoring of children working in the formal as well as in the informal economy. It requests the Government to provide information on the measures taken in this regard and on the results achieved. The Committee also 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 the nature of violations detected. The Committee finally requests the Government to provide information on the number of cases of child labour that has been identified by the various ministries.

Part V of the report form. Application of the Convention in practice. The Committee notes from the ILO–TACKLE project report that the TACKLE 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 has not yet been published. The Committee requests the Government to supply a copy of the results of the National Child Labour Survey, once made available. 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, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.