Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Sierra Leone (Ratification: 1966)

Article 1(1)(b) of the Convention. The Committee notes with interest the adoption of the Persons with Disability Act, 2011, section 19(1) of which provides that “no person shall deny a person with disability having the requisite skills and qualifications, access to opportunities for suitable employment,” and section 20 of which provides that no employer shall discriminate against a person with a disability in relation to the advertisement of employment, recruitment, creation or classification of post, determination of wages, training or advancement, provision of facilities related to employment, or any other matter related to employment. The Act also establishes the National Commission for Persons with Disabilities, which pursuant to section 6(2)(e) has the authority to investigate allegations of discrimination based on disability. The Committee requests the Government to provide information on the practical application of sections 19 and 20 of the Persons with Disability Act.

The Committee also notes with interest the adoption of the National HIV and AIDS Commission Act, 2011. Section 2 of the Act established the National HIV and AIDS Commission, which is charged with the prevention, management and control of HIV and AIDS (section 4(1)). The Act also provides that “no person shall be denied access to any employment for which the person is qualified, or transferred, denied promotion or have his employment terminated on the grounds only of his actual, perceived or suspected HIV status” (section 39(1)). The Committee notes that while the language of section 39(1) is identical to that of section 23(1) of the Prevention and Control of HIV and AIDS Act of 2007, section 39 of the National HIV and AIDS Commission Act does not contain the exceptions to the prohibition on discrimination included under section 23(2) of the Prevention and Control of HIV and AIDS Act. The Committee requests information on the status of the Prevention and Control of HIV and AIDS Act of 2007, with a view to determining whether the exceptions permitted under section 23(2) of the Act continue to be applicable. The Committee also requests the Government to provide information on the practical application of section 39 of the National HIV and AIDS Commission Act, including information on the mechanisms through which aggrieved persons may lodge complaints. Please also provide copies of any judicial or administrative decisions relevant to the National HIV and AIDS Commission Act or the Prevention and Control of HIV and AIDS Act.

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