Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee notes the information provided by the Government in its report in reply to the questions of the report form. It notes, however, that the Government did not reply to the requests the Committee made in its previous comment. The Committee is therefore bound to repeat these requests, insofar as is necessary in view of the information provided and developments at the national level.

Articles 1, 2 and 3 of the Convention. Anti-discrimination legislation and national equality policy. In its previous comment, the Committee noted that a draft Labour Act was prepared in 2017 and submitted to the ILO for technical comments. Hoping that the new Labour Act would soon be adopted, the Committee asked the Government to provide information on any other measures envisaged or adopted to address discrimination and promote equality. The Committee notes, from the information provided in the Government’s report, that the new Labour Act has not yet been adopted. In this regard, the Committee recalls that, where legal provisions are adopted, the prohibition of discrimination should cover all stages of employment and occupation, including recruitment, and address at least the grounds enumerated in Article 1(1)(a) of the Convention (namely race, colour, sex, political opinion, religion, social origin and national extraction) as well as any other grounds that the Government deems appropriate (Article 1(1)(b)). The Committee notes that, in March 2020, the Government carried out a validation exercise of the National Employment Policy but that the Government did not append this policy to its report. The Committee asks the Government to provide information on any progress made towards the adoption of the Labour Bill and on any other measures envisaged or adopted to address discrimination and promote equality in practice.

Discrimination based on sex. The Committee notes that, in its report dated April 2019 on the implementation of the Beijing Platform for Action (hereinafter Beijing+25 report), the Government indicates that the Ministry of Social Welfare, Gender and Children’s Affairs has developed a National Gender Strategic Plan (2019–23) with strategic objectives for the achievement of gender equality and the empowerment of women and girls. The Committee also notes that the National Development Plan 2019–23 recognizes that “significant gender inequality and discrimination remains deeply entrenched in Sierra Leone” and that “gender discrimination is largely a result of long-standing social and cultural norms and gender stereotyping […] further reinforced by a range of discriminatory laws”. It adds that enforcement has always been a major challenge and calls for the urgent “establishment of a Gender Affairs Commission”. The Committee notes that two of the key targets for 2023 are: ensuring that more women are in leadership positions in Government and more women are supported to engage in entrepreneurial activities. The Committee asks the Government to provide information on the progress and the challenges encountered towards achieving the key targets set in the National Development Plan 2019–23. Please provide copies of the National Employment Policy and the National Gender Strategic Plan.

Article 1(1)(b). Additional grounds. HIV status and disability. The Committee recalls that, in its previous comment, it noted the Government’s indication that: (1) the exception under section 23(2) of the Prevention and Control of HIV and AIDS Act of 2007 (cases where the employer proves, on application to a court, that the requirements of the employment in question are such that a person must be in a particular state of health or medical or clinical condition) continues to be applicable; and (2) that, despite the prohibition on discriminating against persons with disabilities (under the Persons with Disability Act, 2011), in practice, employers are reluctant to hire persons with disabilities because most workplaces are not adapted to their needs. In this regard, the Committee notes that, in its Beijing+25 report, the Government states that addressing the challenges of the very large community of persons with disabilities (a legacy of the decade-long civil war) remains a monumental task and that, despite legislation having been adopted, very little implementation has occurred to help persons with disabilities attend school, access transportation, work or live comfortably. It also notes that two of the key targets of the National Development Plan 2019–23, on the issue of empowerment of persons with disabilities, are to increase the proportion of persons with a disability benefiting from social protection systems (cash transfers) by 20 per cent and to support 60 skills and life skills training centres for persons with disabilities. The Committee asks the Government to provide information: (i) on the progress and challenges towards achieving the key targets set in the National Development Plan 2019 – 23; (ii) on any measures adopted or envisaged to raise awareness among workers, employers and their organizations of discrimination on the basis of disability and the concept of reasonable accommodation to enable persons with disabilities to access to and progress in employment and occupation; and (iii) on the application of the exception under section 23(2) of the Prevention and Control of HIV and AIDS Act of 2007, that is of cases where the employer has been able to prove to the court that the requirements of the employment in question were such that a person must be in a particular state of health or medical or clinical condition to be recruited, employed or promoted.

Article 2. Equality of opportunity and treatment between men and women. Education, vocational training, employment and occupation. Previously, the Committee, making reference to the final observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), asked the Government to provide information on any measures adopted or envisaged: (1) to implement the National Gender Strategic Plan and adopt the Gender Equality Bill; (2) to ensure equal access and maintenance of girls in school, at all levels of education; (3) to address horizontal and vertical gender segregation in the labour market, through vocational guidance and training; (4) to promote equal access of women to wage employment both in the private and the public sectors, including to higher-level positions; and (5) to address the employment situation of women in rural areas. The Committee notes that, in its address on the occasion of the opening session of Parliament on 28 May 2020, the President of the Republic pledged to place human capital development at the centre of the development imperatives, broadening financial inclusion and social protection for women and vulnerable populations and placing more women at the centre of governance, the security forces and in the justice sector. He indicated that ten technical and vocational institutions were operational throughout the country, with curriculum focused on skills training and entrepreneurship education and that the construction of six new ones was planned. The Committee also notes the Government’s indication, in its Beijing+25 report, that it approved the drafting of a Gender Equality and Women’s Empowerment Policy and Bill and that it instituted a targeted financial support to women in science technology, engineering and mathematics (STEM), aimed at encouraging increased participation of girls in science and technology. The Committee asks the Government to provide information on concrete measures taken or envisaged with regard to: (i) the adoption and implementation of the Gender Equality and Women’s Empowerment Policy and Bill; (ii) equal access and maintenance of girls in school, at all levels of education; (iii) horizontal and vertical gender segregation in the labour market, through vocational guidance and training; (iv) promotion of equal access of women to wage employment both in the private and the public sectors, including to higher-level positions; and (v) the employment situation of women in rural areas.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.