Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

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

Autre commentaire sur C138

Observation

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Demande directe

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Previous comments: observation and direct request

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. The Committee notes the Government’s indication, in its report, that: (1) information on court decisions relating to the application of the Convention is not readily available but that the Government is working on collecting this information; and (2) the most recent statistical data on the application of the Convention dates back to 2011. The Committee also notes that the Multiple Indicator Cluster Survey 6 (MICS 6) 2017 has not been updated. It notes the Government’s request for ILO technical assistance for the collection of statistical data on child labour.

The Committee further notes that the Government does not provide information on the adoption of the Child Labour Action Plan, as mentioned in its previous report, nor does it provide information on the implementation of the National Child Welfare Policy and the National Child Protection Strategy. Recalling the large number of children involved in child labour, including in hazardous work, the Committee requests the Government to take the necessary measures to: (i) prevent and eliminate child labour within the country, including through the adoption of a national policy to this end; and (ii) ensure that sufficient data on children engaged in child labour is made available. In this regard, it requests the Government to provide information on: (i) the adoption of the Child Labour Action Plan; (ii) the measures taken to implement the National Child Welfare Policy and the National Child Protection Strategy; (iii) any other measures taken towards the progressive elimination of child labour; and (iv) the nature, extent and trends of child labour in the country, including in hazardous work and in the informal economy

Article 3(1) and (2). Minimum age for admission to hazardous types of work and determination of these types of work. The Committee notes the Government’s information on the adoption of the Employment Act, 2023. Recalling that, under the Employers and Employed Act of 1960, children from the age of 16 years were permitted to perform underground work, the Committee notes with satisfaction that the Employment Act: (1) prohibits the work of a child under the age of 18 years in any work that is likely to jeopardize his/her health, safety, physical, mental, moral or social development or to interfere with his/her education (section 95(4)); (2) prohibits the engagement of a child under 18 years of age in underground work (section 95(2)); and (3) explicitly repeals the Employers and Employed Act (section 116).

The Committee further notes the Government’s indication that the draft Employment Regulations, 2023, are in the final stages before adoption. It notes with interest that section 23(2) of the draft Regulations determines the types of hazardous work which are prohibited to children under the age of 18 years, in accordance with section 95(4) of the Employment Act. The Committee notes that this includes, but is not limited to, work within the mining and quarrying industries. The Committee requests the Government to ensure that section 23(3), establishing a list of hazardous types of work prohibited to children under the age of 18 years is retained during the enactment of the Employment Regulations.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee notes that, under section 24(3) of the draft Employment Regulations, 2023, a child may be employed in hazardous types of work, provided the employer ensures the safety, well-being, and protection of the child from exploitation or harm, and that adequate supervision, appropriate working conditions and compliance with child protection guidelines be maintained. The Committee notes that this exemption: (1) does not determine a minimum age; and that (2) while requiring that the safety and health of young persons be ensured, it does not require that they also receive adequate specific vocational training in the relevant branch of activity.

The Committee further notes that section 24(2) of the draft Regulations provides that, the Minister of Labour and Social Security, upon receipt of an application, may authorize, on a case-by-case basis, a child to perform hazardous types of work, provided it is in the framework of an approved vocational training programme, apprenticeship or training institution. In this regard, the Committee recalls that, even in the context of an apprenticeship or vocational training, exemptions permitting young persons under 18 years to perform hazardous types of work should be limited to those who are at least 16 years of age. The Committee therefore requests the Government to ensure that sections 24(2) and (3) of the draft Employment Regulations, 2023, are modified to: (i) set a minimum age of at least 16 years for exemptions to the general prohibition of children under 18 years of age to perform hazardous work, including in vocational training and apprenticeships; and (ii) ensure that, in all cases, they receive adequate specific instruction or vocational training in the relevant branch of activity, in addition to ensuring that their health, safety and morals be fully protected.

Article 6. Vocational training and apprenticeship. Following its previous comments, the Committee notes with satisfaction that: (1) section 99 of the Employment Act explicitly sets the minimum age to commence an apprenticeship with a craftsman at 14 years or after completion of basic education; and (2) sections 100 to 103 provide for the conditions under which an apprenticeship may be performed. The Committee requests the Government to provide information on the application in practice of section 99 of the Employment Act, including on the number of violations reported and the penalties imposed.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes with interest that the Employment Act: (1) sets the minimum age for engagement of a child in light work at 13 years (section 96(1)); and (2) 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 schoolwork (section 96(2)). However, the Government also indicates that the legislation does not provide the conditions in which light work may be permitted or the number of hours during which such employment may be undertaken. The Committee also notes that the draft Employment Regulations do not set out a list of light work activities. The Committee requests the Government to take the necessary measures the ensure that the draft Employment Regulations, 2023, include: (i) provisions to ensure the determination of light work activities; (ii) the conditions in which light work may be permitted; and (iii) the number of hours during which such employment of children may be undertaken.

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