Forced Labour Convention, 1930 (No. 29) - Sierra Leone (Ratification: 1961)
Protocol of 2014 to the Forced Labour Convention, 1930 - Sierra Leone (Ratification: 2021)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee welcomes the ratification by Sierra Leone of the Protocol of 2014 to the Forced Labour Convention, 1930, and duly notes the Government’s first report on its application and its replies to the Committee’s previous comments on the Convention.

Articles 1(1) and 2(1) of the Convention and Article 1(2) of the Protocol. National plan of action and systematic and coordinated action. The Committee welcomes the strengthening of the institutional framework to prevent and combat trafficking in persons. It takes due note of the adoption of the National Action Plan to Combat Human Trafficking (2023–2027) as well as the launch, in 2023, of the National Anti-Trafficking Framework Strategy (2022–2026) which mainly focuses on policy development, prevention, protection, partnership and prosecution to eliminate trafficking in persons. As regards the National Task Force on Human Trafficking (National Task Force), the Committee notes that it has been restructured and expanded with the establishment of task forces in all the 16 districts of Sierra Leone. The Government adds that no information is available for now regarding the resources allocated to the National Task Force but further engagement for data is ongoing.,. While noting these positive steps, the Committee regrets the lack of information provided on the concrete measures implemented and on the concrete activities undertaken by the National Task Force.

The Committee requests the Government to provide a copy of the National Action Plan to Combat Human Trafficking (2023–27) and Anti-Trafficking Framework Strategy (2022–26), as well as information on the measures taken for their implementation at the national or regional level with an indication of the manner in which the objectives set out have been achieved, any difficulties encountered, and the measures adopted to overcome them. It further requests the Government to provide information on the resources allocated and the measures taken to ensure the effective functioning of the National Task Force and its district level task forces, the activities carried out to ensure systematic and coordinated action by the competent authorities, as well as on the main findings of its last annual report.

Article 25 of the Convention and Article 1(3) of the Protocol. 1. Prosecution and application of effective penalties. The Committee notes the adoption of: (i) the Employment Act, 2023, which criminalizes forced or compulsory labour and establishes penalties of a fine or imprisonment for a period of not less than 12 months or both (section 16 of the Act); and (ii) the Anti-Human Trafficking and Migrant Smuggling Act, 2022, which repeals the Anti-Human Trafficking Act, 2005, and provides for more dissuasive penalties. It notes more particularly that the Act of 2022 removes the possibility of substituting imprisonment for a fine for convicted trafficker (sections 12 and 13 of the Act). The Committee notes, from the 2022 National Report Review for the implementation of the Global Compact for Migration, the Government’s indication that it increased its efforts to arrest, prosecute and convict traffickers including by addressing procedural delays and judicial corruption. Furthermore, the Ministry of Employment, Labour and Social Security is in the process of putting together a formal system of reporting on cases involving forced or compulsory labour.

The Committee welcomes these developments. It observes however that the Government did not provide any information on the number and nature of investigations, prosecutions and convictions regarding forced labour cases, including trafficking in persons. The Committee requests the Government to provide information on the measures taken to ensure that cases of forced labour, including trafficking in persons, are properly identified, prosecutions are carried out and penalties are imposed on perpetrators, including through the effective dissemination of the new legal provisions and by addressing procedural delays and judicial corruption. It again requests the Government to provide information on the number of investigations carried out, prosecutions initiated, and convictions and penal sanctions imposed. In this regard, the Committee recalls that when the sanction for the exaction of forced labour can consist only of a fine, as provided for under section 16 of the Employment Act, 2023, it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanction needs to be dissuasive.

2. Reinforcement of the capacities of the Labour inspectorate. Concerning the role of labour inspectors in the detection of offences related to forced labour, including trafficking in persons, the Committee notes the Government’s indication that labour inspectors and occupational health and safety inspectors conduct inspections at workplaces at random intervals. Furthermore, they engage with victims to sensitize them on the activities being undertaken to prevent further actions. The Government adds that, pursuant to section 3 of the Anti-Human Trafficking and Migrant Smuggling Act, 2022, the National Task Force also carries out inspections at workplaces when prompted. The Committee refers, in that regard, to its 2023 observation on the application of the Labour Inspection Convention, 1947 (No. 81) where it noted with concern that the labour inspectorate continues to face severe constraints of human and material resources. In light of the fundamental role of the labour inspectors in this area, the Committee requests the Government to provide information on the measures taken to reinforce the resources and strengthen the capacitiesof the labour inspectorate so that they are fully in a position to prevent and detect cases of labour right violations, including trafficking in persons for labour exploitation.

Article 2 of the Protocol. Prevention measures. Clause (a). Education and information. The Committee notes that several actions to support prevention and community awareness efforts regarding irregular migration and trafficking in persons were held. In 2022, the Government organized the first national conference on trafficking in persons and the Anti-Trafficking in Persons Secretariat was established, in conjunction with the International Organization of Migration (IOM), which resulted in the organization of the event to mark the 2023 World Day Against Trafficking in persons. The Committee requests the Government to pursue its efforts with a view to educating and informing all sections of the population about trafficking in persons and other forms of forced labour, and to provide information on the nature and impact of the activities undertaken to this end.

Clauses (b) and (e). Supporting due diligence. The Committee notes the Government’s general statement that it has engaged with the Sierra Leone Employers’ Federation through media broadcasts, workshops, and conferences. The Committee requests the Government to provide information on the nature of any measures taken to support due diligence by both the public and private sectors.

Clause (d). Migrant workers and recruitment processes. The Committee notes that the Decent Work Country Programme for 2023–27 sets as specific outcome the improvement of labour migration governance (outcome 2.3), while highlighting that the ineffective governance of internal and international migration is a major development challenge in Sierra Leone which remains a transit and source country of irregular migration, trafficking in persons and smuggling of migrants to Guinea, Ivory Coast, Liberia, Nigeria, Guinea-Bissau, Gambia, as well as to North Africa, the Middle East, and Western Europe. Sierra Leone is also a destination country for persons trafficked from West African and Asian countries who are subjected to trafficking for the purposes of labour and sexual exploitation. In that regard, the Committee notes that the 2022 National Migration Policy contains sections intended to improve the Government’s response to migrants’ vulnerability to trafficking in Sierra Leone and abroad. The Committee notes, from the 2022 National Report Review for the implementation of the Global Compact for Migration, that a migrant return and reintegration policy was developed. For the most vulnerable returnee migrants, especially from the Middle East, the Government on some occasions provided reintegration packages, psychological support and protection assistance as well as consular assistance. The Committee further notes that the Government signed Memorandums of Understanding (MOUs) and bilateral labour agreements with the United Arab Emirates, Saudi Arabia, Qatar and Kuwait to ensure safe migration. Additionally, a draft MOU with Oman is in the final stages and plans are underway to engage authorities in Turkey and Lebanon for similar agreements.

The Committee further takes due note that the Overseas Employment and Migrant Workers’ Act, 2023, provides for the registration and licensing of private recruitment agencies. The license is valid for 12 months and can be suspended or cancelled where the licensee has been convicted for a criminal offence involving fraud, dishonesty or trafficking in persons; individuals who have been convicted for trafficking in persons are unable to apply for a license (sections 5, 6, 9 and 10 of the Act). The licensed agency who recruits a migrant worker shall be responsible for the protection of the worker, including good working conditions (section 14). Licensees are prohibited from taking Sierra Leonan workers overseas unless these workers are registered under the Register of Migrant Workers maintained by the Migration Unit established by the Ministry of Labour and Social Security (sections 16 and 17). Sending or assisting to send a migrant worker without a valid license; withholding workers’ documents (including visas and passports) without a valid reason; and false promise of high wages, benefits and facilities is punished by a fine or a term of imprisonment for a period of not less than 5 years or to both (section 24 of the Act).

The Committee encourages the Government to pursue its efforts to ensure that migrant workers are fully protected from abuses and fraudulent practices during the recruitment and placement process. It requests the Government to provide information on the measures taken in this regard, including in the framework of the implementation of the National Labour Migration Policy and National Migration Policy; in relation to the sensitization of migrant workers on their rights as well as on the risks of forced labour; the pre-departure services provided to them; the monitoring of recruitment agencies and violations observed; and the implementation of agreements concluded with receiving countries to enable migrant workers to assert their rights and have access to justice in cases of abuse. The Committee also refers to its comments on the application of the Private Employment Agencies Convention, 1997, and the Migration for Employment Convention (Revised), 1949.

Article 3 of the Protocol. Identification and protection of victims. The Committee notes the Government’s indication that victims of trafficking are identified through labour inspections, reports to the Ministry of Labour by workers or others on their behalf and intelligence reports. It notes that a National Referral Mechanism (NRM) for protecting and assisting victims of trafficking in persons was adopted by the National Task Force and that Standards Operating Procedures (SOP) have been developed for the identification and referral of victims of trafficking. The Committee further notes that the Anti-Human Trafficking and Migrant Smuggling Act, 2022, places responsibility on the National Task Force to provide assistance to victims (section 3(2)(f)). Pursuant to section 11 of Act, the Victims of Trafficking Trust Fund was established in February 2024 to assist victims through the provision of care facilities and shelters, medical services, witness protection, legal aid, family reunification, and rehabilitation and reintegration services. The Secretariat of the National Task Force shall keep proper books of account and other records in relation to the activities, property and finances of the trust fund and prepare annual financial statements. Welcoming these positive developments, the Committee requests the Government to provide information on: the measures taken to ensure the effective dissemination and implementation of the national referral mechanism and standards operating procedures among the relevant stakeholders; the number of victims of forced labour, disaggregated by age and gender, including trafficking in persons, who have been identified and have benefited from assistance services, as well as the nature of the services provided; and the activities and resources allocated to the Victims of Trafficking Trust Fund, including a copy of the last annual report prepared by the National Task Force in that regard.

Article 4 of the Protocol. 1. Access to remedies and compensation. The Committee notes that, pursuant to section 31 of the Anti-Human Trafficking and Migrant Smuggling Act, 2022, a person convicted for an offence related to trafficking in persons must pay compensation to the victim, including several specific costs, no later than 90 days from the date of their conviction. Additionally, under section 16(2) of the Employment Act, 2023, a person convicted for the exaction or imposition of forced labour must pay compensation to the victim. The Committee requests the Government to indicate the measures taken to ensure that, in practice, the Courts order compensation for victims from their perpetrator and that the relevant rulings are enforced. The Committee also requests the Government to indicate how compensation is granted to victims of forced labour when it has not been possible to bring the perpetrator to Justice.

2. Non prosecution of forced labour victims for unlawful activities they have been compelled to commit. The Committee notes that section 18 of the Anti-Human Trafficking and Migrant Smuggling Act, 2022, provides that victims of trafficking in persons are not liable for a criminal offence that was a direct result from being trafficked. As regards other forms of forced labour, the Committee notes the Government’s statement that victims who have already been informed by labour inspectors of the illegal nature of employment involving forced labour may face penalties for participating in such employment. The Committee requests the Government to take the necessary steps to ensure that all victims of forced labour who have been compelled to commit unlawful activities are not subjected to prosecution or penalties, with an indication of whether instructions have been issued in this respect to law enforcement authorities. In the meantime, please indicate the number of victims of forced labour who have been prosecuted for participating in employment involving forced labour after having been informed of its illegal nature, specifying the nature of the penalties imposed.

Article 6 of the Protocol. Consultation with employers’ and workers’ organizations. The Committee notes the Government’s general statement that it has engaged with workers’ and employers’ organizations, including the Sierra Leone Labour Congress and the Sierra Leone Employers’ Federation, through media broadcasts, workshops and conferences. The Committee requests the Government to provide more detailed information on the manner in which employers’ and workers’ organizations are consulted in relation to actions to combat all forms of forced or compulsory labour, particularly in the context of the formulation, implementation and evaluation of any action plan or strategy elaborated to that end.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee welcomes the ratification by Sierra Leone of the Protocol of 2014 to the Forced Labour Convention, 1930. Noting that the first report of the Government has not been received, the Committee hopes that the Government will provide detailed information on its application, in accordance with the report form adopted by the Governing Body.

Articles 1(1) and 2(1) of the Convention. Compulsory agricultural work. The Committee recalls that, for a number of years, it has been requesting the Government to formally abrogate section 8(h) of the Chiefdom Councils Act (Cap. 61), under which compulsory cultivation may be imposed on “natives”. The Committee takes due note of the Government’s indication, in its report, that the newly enacted Employment Act, 2023, expressly prohibits forced or compulsory labour under section 16. The Government also reiterates that section 8(h) of the Chiefdom Councils Act (Cap. 61) is not applied in practice and is unenforceable as it does not conform with article 9 of the Constitution and section 16 of the Employment Act, 2023. The Committee however notes with regret that, despite the Government’s previous indication, the Employment Act, 2023, has not repealed section 8(h) of the Chiefdom Councils Act. In light of the Government’s repeated indication that the Chiefdom Councils Act (Cap. 61) would be amended, the Committee reiterates the firm hope that the Government will make every effort to take the necessary action in the very near future in order to formally repeal section 8(h) of the Act or to bring this provision into conformity with the Convention and the indicated practice. It requests the Government to provide information on any progress made in this regard.

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes that according to section 2(1) of the Anti-Human Trafficking Act of 2005, it is an offence for any person to engage in the trafficking in persons both for labour and sexual exploitation. According to section 2(2) of the Act, the term “exploitation” includes: keeping a person in a state of slavery; compelling or causing a person to provide forced labour or services; keeping a person in servitude, including sexual servitude; exploitation of the prostitution of another; engaging in any form of commercial sexual exploitation, and for exploitation during armed conflicts. Section 22 of the Anti-Human Trafficking Act stipulates that any person convicted of the offences related to trafficking in persons shall be liable to a fine or to imprisonment for a term not exceeding ten years or to both. Sections 3 and 4 of the Act provide for the establishment of a National Task Force on Human Trafficking which shall be responsible for receiving and investigating reports of trafficking in persons; coordinating the rendering of assistance to victims; initiating awareness raising measures to educate the public and potential victims on the causes and consequences of trafficking; and cooperating with other governments in the investigation and prosecution of cases of trafficking in persons. Furthermore, according to section 9 of the Act, the activities of the Task Force shall be financed by a fund.

The Committee notes from a report of 2020 of the International Organization for Migration (IOM) that the Sierra Leone High Court has for the first time convicted people accused of human trafficking, sentencing two women to 20 years and eight years respectively on 11 February 2020. According to this report each year, thousands of Sierra Leoneans, including children, are trafficked for forced labour or sexual exploitation in and outside of Sierra Leone. Furthermore, since October 2018, the IOM has supported the country’s National Task Force on Human Trafficking to strengthen the identification and screening of victims of trafficking, and increase their access to protection services and justice. The IOM has further supported the training of 103 government officials in investigating and prosecuting cases of human trafficking and worked on awareness-raising efforts with 116 civil society and media organizations. The Committee requests the Government to continue its efforts to combat trafficking in persons, including through strengthening the capacities of the law enforcement bodies in identifying, investigating and prosecuting cases of trafficking in persons. It requests the Government to provide information on the measures taken in this regard as well as on the application in practice of sections 2(1) and 22 of the Anti-Human Trafficking Act, supplying information on the number of investigations carried out, convictions and penalties imposed. The Committee also requests the Government to provide information on the activities undertaken by the National Task Force on Human Trafficking, as well as on the resources allocated to undertake its tasks as provided for under sections 4 and 9 of the Anti-Human Trafficking Act. The Committee lastly requests the Government to provide information on the protection and assistance measures taken or envisaged for victims of trafficking and on the number of victims who are benefiting from such measures.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1(1) and 2(1) of the Convention. Compulsory agricultural work. For many years, the Committee has been referring to section 8(h) of the Chiefdom Councils Act (Cap. 61), under which compulsory cultivation may be imposed on “natives”. On numerous occasions, the Government indicated that this legislation would be amended. The Government also indicated that section 8(h) of the Act was not applied in practice and, as it was not in conformity with article 9 of the Constitution, it was unenforceable. While noting this information, the Committee urged the Government to take the necessary measures to formally repeal section 8(h) of the Chiefdom Councils Act.

The Committee takes due note of the Government’s information in its report that the draft Employment Bill provides for the repeal of section 8(h) of the Chiefdom Councils Act, Cap 61. The Government also indicates that though there is no express repeal of section 8(h) of the Chiefdom Councils Act (Cap 61), the issue of communal farming for community purpose is rare due to legislation and rights based campaigns. The Committee expresses the firm hope that the Employment Bill which provides for the repeal of section 8(h) of the Chiefdom Council Act will be adopted in the near future. It requests the Government to provide information on any progress made in this regard and to transmit a copy of the repealing legislation, once adopted.

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

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1(1) and 2(1) of the Convention. Compulsory agricultural work. For many years, the Committee has been referring to section 8(h) of the Chiefdom Councils Act (Cap. 61), under which compulsory cultivation may be imposed on “natives”. On numerous occasions, the Government indicated that this legislation would be amended. The Government also indicated that section 8(h) of the Act was not applied in practice and, as it was not in conformity with article 9 of the Constitution, it was unenforceable.

The Committee notes the Government’s statement that, at the time of ratification, chiefs with administrative authority requested forced or communal labour from their communities, but that measures have been taken to address these occurrences, including through the establishment of the Human Rights Commission of Sierra Leone. Nonetheless, the Government states that, despite the prohibition on forced or compulsory labour, minor violations do occur. In this regard, the Government indicates that a report was filed with the Human Rights Commission relating to the undertaking of communal work by a village. Noting that the Government had previously indicated its intention to amend this Act, the Committee urges the Government to take the necessary measures to repeal section 8(h) of the Chiefdom Councils Act, to bring it into conformity with the Convention. It requests the Government to continue to provide information on the application of this Act in practice with regard to the exaction of compulsory labour, including information on the reports filed in this respect with the Human Rights Commission.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1(1) and 2(1) of the Convention. Compulsory agricultural work. For many years, the Committee has been referring to section 8(h) of the Chiefdom Councils Act (Cap. 61), under which compulsory cultivation may be imposed on “natives”. On numerous occasions, the Government indicated that this legislation would be amended. The Government also indicated that section 8(h) of the Act was not applied in practice and, as it was not in conformity with article 9 of the Constitution, it was unenforceable.

The Committee notes the Government’s statement that, at the time of ratification, chiefs with administrative authority requested forced or communal labour from their communities, but that measures have been taken to address these occurrences, including through the establishment of the Human Rights Commission of Sierra Leone. Nonetheless, the Government states that, despite the prohibition on forced or compulsory labour, minor violations do occur. In this regard, the Government indicates that a report was filed with the Human Rights Commission relating to the undertaking of communal work by a village. Noting that the Government had previously indicated its intention to amend this Act, the Committee urges the Government to take the necessary measures to repeal section 8(h) of the Chiefdom Councils Act, to bring it into conformity with the Convention. It requests the Government to continue to provide information on the application of this Act in practice with regard to the exaction of compulsory labour, including information on the reports filed in this respect with the Human Rights Commission.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Articles 1(1) and 2(1) of the Convention. Compulsory agricultural work. For many years, the Committee has been referring to section 8(h) of the Chiefdom Councils Act (Cap. 61), under which compulsory cultivation may be imposed on “natives”. On numerous occasions, the Government indicated that this legislation would be amended. The Government also indicated that section 8(h) of the Act was not applied in practice and, as it was not in conformity with article 9 of the Constitution, it was unenforceable.

The Committee notes the Government’s statement that, at the time of ratification, chiefs with administrative authority requested forced or communal labour from their communities, but that measures have been taken to address these occurrences, including through the establishment of the Human Rights Commission of Sierra Leone. Nonetheless, the Government states that, despite the prohibition on forced or compulsory labour, minor violations do occur. In this regard, the Government indicates that a report was filed with the Human Rights Commission relating to the undertaking of communal work by a village. Noting that the Government had previously indicated its intention to amend this Act, the Committee urges the Government to take the necessary measures to repeal section 8(h) of the Chiefdom Councils Act, to bring it into conformity with the Convention. It requests the Government to continue to provide information on the application of this Act in practice with regard to the exaction of compulsory labour, including information on the reports filed in this respect with the Human Rights Commission.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Articles 1(1) and 2(1) of the Convention. Compulsory agricultural work. For many years, the Committee has been referring to section 8(h) of the Chiefdom Councils Act (Cap. 61), under which compulsory cultivation may be imposed on “natives”. On numerous occasions, the Government indicated that this legislation would be amended. The Government also indicated that section 8(h) of the Act was not applied in practice and, as it was not in conformity with article 9 of the Constitution, it was unenforceable.

The Committee notes the Government’s statement that, at the time of ratification, chiefs with administrative authority requested forced or communal labour from their communities, but that measures have been taken to address these occurrences, including through the establishment of the Human Rights Commission of Sierra Leone. Nonetheless, the Government states that, despite the prohibition on forced or compulsory labour, minor violations do occur. In this regard, the Government indicates that a report was filed with the Human Rights Commission relating to the undertaking of communal work by a village. Noting that the Government had previously indicated its intention to amend this Act, the Committee urges the Government to take the necessary measures to repeal section 8(h) of the Chiefdom Councils Act, to bring it into conformity with the Convention. It requests the Government to continue to provide information on the application of this Act in practice with regard to the exaction of compulsory labour, including information on the reports filed in this respect with the Human Rights Commission.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

Articles 1(1) and 2(1) of the Convention. Compulsory agricultural work. For many years, the Committee has been referring to section 8(h) of the Chiefdom Councils Act (Cap. 61), under which compulsory cultivation may be imposed on “natives”. On numerous occasions, the Government indicated that this legislation would be amended. The Government also indicated that section 8(h) of the Act was not applied in practice and, as it was not in conformity with article 9 of the Constitution, it was unenforceable.

The Committee notes the Government’s statement that, at the time of ratification, chiefs with administrative authority requested forced or communal labour from their communities, but that measures have been taken to address these occurrences, including through the establishment of the Human Rights Commission of Sierra Leone. Nonetheless, the Government states that, despite the prohibition on forced or compulsory labour, minor violations do occur. In this regard, the Government indicates that a report was filed with the Human Rights Commission relating to the undertaking of communal work by a village. Noting that the Government had previously indicated its intention to amend this Act, the Committee urges the Government to take the necessary measures to repeal section 8(h) of the Chiefdom Councils Act, to bring it into conformity with the Convention. It requests the Government to continue to provide information on the application of this Act in practice with regard to the exaction of compulsory labour, including information on the reports filed in this respect with the Human Rights Commission.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Articles 1(1) and 2(1) of the Convention. Compulsory agricultural work. For many years, the Committee has been referring to section 8(h) of the Chiefdom Councils Act (Cap. 61), under which compulsory cultivation may be imposed on “natives”. On numerous occasions, the Government indicated that this legislation would be amended. The Government also indicated that section 8(h) of the Act was not applied in practice and, as it was not in conformity with article 9 of the Constitution, it was unenforceable.

The Committee notes the Government’s statement that, at the time of ratification, chiefs with administrative authority requested forced or communal labour from their communities, but that measures have been taken to address these occurrences, including through the establishment of the Human Rights Commission of Sierra Leone. Nonetheless, the Government states that, despite the prohibition on forced or compulsory labour, minor violations do occur. In this regard, the Government indicates that a report was filed with the Human Rights Commission relating to the undertaking of communal work by a village. Noting that the Government had previously indicated its intention to amend this Act, the Committee urges the Government to take the necessary measures to repeal section 8(h) of the Chiefdom Councils Act, to bring it into conformity with the Convention. It requests the Government to continue to provide information on the application of this Act in practice with regard to the exaction of compulsory labour, including information on the reports filed in this respect with the Human Rights Commission.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1(1) and 2(1) of the Convention. Compulsory agricultural work. Over many years, the Committee has been referring to section 8(h) of the Chiefdom Councils Act (Cap. 61), under which compulsory cultivation may be imposed on “natives”. On numerous occasions, it requested the Government to repeal or amend this provision. The Committee also noted the Government’s statement that the abovementioned section is not in conformity with article 9 of the Constitution and would be held unenforceable. The Committee noted the Government’s repeated indication that section 8(h) is not applicable in practice and that information on any amendment of this section would be communicated to the ILO in the near future. The Committee notes with serious concern the absence of information from the Government on this point. Recalling that the Government has repeatedly indicated since 1964 that this legislation would be amended, the Committee regrets to note that no action has been taken in this regard. Therefore the Committee reiterates the firm hope that the necessary measures will at last be taken in order to bring section 8(h) of the Chiefdom Councils Act into conformity with the Convention and the indicated practice. It requests the Government to provide, in its next report, information on the progress made in this regard.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. Compulsory agricultural work. Over many years, the Committee has been referring to section 8(h) of the Chiefdom Councils Act (Cap. 61), under which compulsory cultivation may be imposed on “natives”. On numerous occasions, it requested the Government to repeal or amend this provision. The Committee also noted the Government’s statement that the abovementioned section is not in conformity with article 9 of the Constitution and would be held unenforceable. The Committee takes due note of the Government’s repeated indication that section 8(h) is not applicable in practice and that information on any amendment of this section would be communicated to the ILO in the near future. As the Government has repeatedly indicated since 1964 that this legislation would be amended, the Committee reiterates firm hope that the necessary measures will at last be taken in order to bring section 8(h) of the Chiefdom Councils Act into conformity with the Convention and the indicated practice. It requests the Government to provide, in its next report, information on the progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1(1), and 2(1) of the Convention. Compulsory agricultural work. Over many years, the Committee has been referring to section 8(h) of the Chiefdom Councils Act (Cap. 61), under which compulsory cultivation may be imposed on “natives”. On numerous occasions, it requested the Government to repeal or amend this provision. The Committee also noted the Government’s statement that the abovementioned section is not in conformity with article 9 of the Constitution and would be held unenforceable. The Committee takes due note of the Government’s repeated indication that section 8(h) is not applicable in practice and that information on any amendment of this section would be communicated to the ILO in the near future. As the Government has repeatedly indicated since 1964 that this legislation would be amended, the Committee reiterates firm hope that the necessary measures will at last be taken in order to bring section 8(h) of the Chiefdom Councils Act into conformity with the Convention and the indicated practice. It requests the Government to provide, in its next report, information on the progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Compulsory cultivation. Over many years, the Committee has been referring to section 8(h) of the Chiefdom Councils Act (Cap. 61), under which compulsory cultivation may be imposed on “natives”. On numerous occasions, it requested the Government to repeal or amend this provision. The Committee also noted the Government’s statement that the abovementioned section is not in conformity with article 9 of the Constitution and would be held unenforceable.

The Committee takes due note of the Government’s repeated indication that section 8(h) is not applicable in practice and that information on any amendment of this section would be communicated to the ILO in the near future.

As the Government has repeatedly indicated since 1964 that this legislation would be amended, the Committee reiterates firm hope that the necessary measures will at last be taken in order to bring section 8(h) of the Chiefdom Councils Act into conformity with the Convention and the indicated practice. It requests the Government to provide, in its next report, information on the progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1(1) and 2(1) of the Convention. Compulsory cultivation. Over many years, the Committee has been referring to section 8(h) of the Chiefdom Councils Act (Cap. 61), under which compulsory cultivation may be imposed on “natives”. On numerous occasions, it requested the Government to repeal or amend this provision. The Committee also noted the Government’s statement that the abovementioned section is not in conformity with article 9 of the Constitution and would be held unenforceable.

The Committee takes due note of the Government’s repeated indication that section 8(h) is not applicable in practice and that information on any amendment of this section would be communicated to the ILO in the near future.

As the Government has repeatedly indicated since 1964 that this legislation would be amended, the Committee reiterates firm hope that the necessary measures will at last be taken in order to bring section 8(h) of the Chiefdom Councils Act into conformity with the Convention and the indicated practice. It requests the Government to provide, in its next report, information on the progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1(1) and 2(1) of the Convention. Compulsory cultivation. Over many years, the Committee has been referring to section 8(h) of the Chiefdom Councils Act (Cap. 61), under which compulsory cultivation may be imposed on “natives”. On numerous occasions, it requested the Government to repeal or amend this provision. The Committee also noted the Government’s statement that the abovementioned section is not in conformity with article 9 of the Constitution and would be held unenforceable.

The Committee takes due note of the Government’s repeated indication in its report that section 8(h) is not applicable in practice and that information on any amendment of this section would be communicated to the ILO in the near future.

As the Government has repeatedly indicated since 1964 that this legislation would be amended, the Committee reiterates firm hope that the necessary measures will at last be taken in order to bring section 8(h) of the Chiefdom Councils Act into conformity with the Convention and the indicated practice. It requests the Government to provide, in its next report, information on the progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Articles 1(1) and 2(1) of the Convention. Compulsory cultivation. Over many years, the Committee has been referring to section 8(h) of the Chiefdom Councils Act (Cap. 61), under which compulsory cultivation may be imposed on "natives". On numerous occasions, it requested the Government to repeal or amend this provision. The Committee also noted the Government’s statement that the abovementioned section is not in conformity with article 9 of the Constitution and would be held unenforceable.

The Committee takes due note of the Government’s repeated indication in its report that section 8(h) is not applicable in practice and that information on any amendment of this section would be communicated to the ILO in the near future.

As the Government has repeatedly indicated since 1964 that this legislation would be amended, the Committee reiterates firm hope that the necessary measures will at last be taken in order to bring section 8(h) of the Chiefdom Councils Act into conformity with the Convention and the indicated practice. It requests the Government to provide, in its next report, information on the progress made in this regard.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government's report contains no reply to its previous direct request. It hopes that the next report will include full information on the following matters raised in its previous direct request:

Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s reply to its earlier comments.

Articles 1(1) and 2(1) of the Convention. Compulsory cultivation. Since 1964, the Committee has been referring to section 8(h) of the Chiefdom Councils Act (Cap. 61), under which compulsory cultivation may be imposed on "natives", and requested the Government to repeal or amend this provision. The Committee previously noted the Government’s statement that the abovementioned section is not in conformity with article 9 of the Constitution and would be held unenforceable.

The Committee notes the Government’s indication in its report that section 8(h) is not applicable in practice and that information on any amendment of this section would be communicated to the ILO in the near future.

As the Government, as far back as 1964, has indicated that the legislation would be amended, the Committee expresses the firm hope that the necessary measures will be taken in the near future in order to bring section 8(h) of the Chiefdom Councils Act into conformity with the Convention and the indicated practice, and that the Government will provide, in its next report, information on the progress made in this regard.

The Committee is also addressing a request on certain other points directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that no report has been received from the Government for the sixth year in succession. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that no report has been received from the Government for the sixth year in succession. It must therefore repeat its previous observation on the following matters:

In its comments made for a number of years, the Committee asked the Government to repeal or amend section 8(h) of the Chiefdom Councils Act (Cap. 61) under which compulsory cultivation may be imposed on natives. The Committee previously noted the Government’s statement that the abovementioned section is not in conformity with article 9 of the Constitution and would be held unenforceable. The Committee also noted the Government’s indication that section 8(h) was not applied in practice and that information on any amendment of this section would be provided. In its report received in 1995, the Government stated that measures to change section 8(h) were evident in the new proposed Constitution.

The Committee therefore trusts that measures will be taken in the near future in order to bring section 8(h) of the Chiefdom Councils Act into conformity with the Convention and the indicated practice. It asks the Government to provide information on any progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that no report has been received from the Government for the fifth year in succession. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)  how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that no report has been received from the Government for the fifth year in succession. It must therefore repeat its previous observation on the following matters:

In its comments made for a number of years, the Committee asked the Government to repeal or amend section 8(h) of the Chiefdom Councils Act (Cap. 61) under which compulsory cultivation may be imposed on natives. The Committee previously noted the Government’s statement that the above-mentioned section is not in conformity with article 9 of the Constitution and would be held unenforceable. The Committee also noted the Government’s indication that section 8(h) was not applied in practice and that information on any amendment of this section would be provided. In its report received in 1995, the Government stated that measures to change section 8(h) were evident in the new proposed Constitution.

The Committee therefore trusts that measures will be taken in the near future in order to bring section 8(h) of the Chiefdom Councils Act into conformity with the Convention and the indicated practice. It asks the Government to provide information on any progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

In its comments made for a number of years, the Committee asked the Government to repeal or amend section 8(h) of the Chiefdom Councils Act (Cap. 61) under which compulsory cultivation may be imposed on natives. The Committee previously noted the Government’s statement that the above-mentioned section is not in conformity with article 9 of the Constitution and would be held unenforceable. The Committee also noted the Government’s indication that section 8(h) was not applied in practice and that information on any amendment of this section would be provided. In its report received in 1995, the Government stated that measures to change section 8(h) were evident in the new proposed Constitution.

The Committee therefore trusts that measures will be taken in the near future in order to bring section 8(h) of the Chiefdom Councils Act into conformity with the Convention and the indicated practice. It asks the Government to provide information on any progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

In its comments made for a number of years, the Committee asked the Government to repeal or amend section 8(h) of the Chiefdom Councils Act (Cap. 61) under which compulsory cultivation may be imposed on natives. The Committee previously noted the Government’s statement that the above-mentioned section is not in conformity with article 9 of the Constitution and would be held unenforceable. The Committee also noted the Government’s indication that section 8(h) was not applied in practice and that information on any amendment of this section would be provided. In its report received in 1995, the Government stated that measures to change section 8(h) were evident in the new proposed Constitution.

The Committee therefore trusts that measures will be taken in the near future in order to bring section 8(h) of the Chiefdom Councils Act into conformity with the Convention and the indicated practice. It asks the Government to provide information on any progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

In its comments made for a number of years, the Committee asked the Government to repeal or amend section 8(h) of the Chiefdom Councils Act (Cap. 61) under which compulsory cultivation may be imposed on natives. The Committee previously noted the Government's statement that the above-mentioned section is not in conformity with article 9 of the Constitution and would be held unenforceable. The Committee also noted the Government's indication that section 8(h) was not applied in practice and that information on any amendment of this section would be provided. In its report received in 1995, the Government stated that measures to change section 8(h) were evident in the new proposed Constitution. The Committee therefore trusts that measures will be taken in the near future in order to bring section 8(h) of the Chiefdom Councils Act into conformity with the Convention and the indicated practice. It asks the Government to provide information on any progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its comments made for a number of years, the Committee asked the Government to repeal or amend section 8(h) of the Chiefdom Councils Act (Cap. 61) under which compulsory cultivation may be imposed on natives. The Committee previously noted the Government's statement that the above-mentioned section is not in conformity with article 9 of the Constitution and would be held unenforceable. The Committee also noted the Government's indication that section 8(h) was not applied in practice and that information on any amendment of this section would be provided. In its latest report (1995) the Government stated that measures to change section 8(h) are evident in the new proposed Constitution. The Committee therefore trusts that measures will be taken in the near future in order to bring section 8(h) of the Chiefdom Councils Act into conformity with the Convention and the indicated practice. It asks the Government to provide, in its next report, information on any progress made in this regard.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

In its comments made for a number of years, the Committee asked the Government to repeal or amend section 8(h) of the Chiefdom Councils Act (Cap. 61) under which compulsory cultivation may be imposed on natives. The Committee previously noted the Government's statement that the above-mentioned section is not in conformity with article 9 of the Constitution and would be held unenforceable. The Committee also noted the Government's indication that section 8(h) was not applied in practice and that information on any amendment of this section would be provided. In its latest report (1995) the Government stated that measures to change section 8(h) are evident in the new proposed Constitution.

The Committee therefore trusts that measures will be taken in the near future in order to bring section 8(h) of the Chiefdom Councils Act into conformity with the Convention and the indicated practice. It asks the Government to provide, in its next report, information on any progress made in this regard.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

In comments made for a number of years, the Committee has asked the Government to repeal or amend section 8(h) of the Chiefdom Councils Act (Cap. 61) under which compulsory cultivation may be imposed on natives. The Committee previously noted the Government's statement that section 8(h) of the Chiefdom Councils Act is not in conformity with article 9 of the Constitution and would be held unenforceable. The Committee also noted the Government's indication that section 8(h) was not applied in practice and that information on any amendment of this section would be provided.

The Committee notes that in its latest report the Government merely repeats this statement.

The Committee trusts that measures will soon be adopted to bring section 8(h) of the Act into conformity with the Convention and the indicated practice, and that the Government will provide information on the action taken.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

In comments made for a number of years, the Committee has asked the Government to repeal or amend section 8(h) of the Chiefdom Councils Act (Cap. 61) under which compulsory cultivation may be imposed on natives. The Committee notes the Government's statement in its latest report that section 8(h) of the Chiefdom Councils Act is not in conformity with article 9 of the Constitution and would be held unenforceable. The Committee also notes the Government's indication that section 8(h) is not applied in practice and that information on any amendment of this section will be provided. The Committee trusts that measures will soon be adopted to bring section 8(h) of the Act into conformity with the Convention and the indicated practice, and that the Government will provide information on the action taken.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

In comments made since 1964, the Committee has asked the Government to repeal or amend section 8(h) of the Chiefdom Councils Act (Cap. 61) under which compulsory cultivation may be imposed on natives. The Committee noted the information provided by the Government to the International Labour Office in June 1987, and in particular, the Government's statement that in so far as section 8(h) of the Chiefdom Councils Act may not be in conformity with article 9 of the Constitution, it is not enforceable, since the Constitution takes precedence. Pending adoption of the measures to bring section 8(h) of the Act into conformity with the Convention, the Committee asks the Government whether this section has been declared not to be enforceable, and in the affirmative, to supply a copy of the official publication of such declaration. The Committee trusts that measures will soon be adopted to bring section 8(h) of the Act into conformity with the Convention and that the Government will indicate the action taken.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

In comments made since 1964, the Committee has asked the Government to repeal or amend section 8(h) of the Chiefdom Councils Act (Cap. 61) under which compulsory cultivation may be imposed on natives. The Committee noted the information provided by the Government to the International Labour Office in June 1987, and in particular, the Government's statement that in so far as section 8(h) of the Chiefdom Councils Act may not be in conformity with article 9 of the Constitution, it is not enforceable, since the Constitution takes precedence. Pending adoption of the measures to bring section 8(h) of the Act into conformity with the Convention, the Committee asks the Government whether this section has been declared not to be enforceable, and in the affirmative, to supply a copy of the official publication of such declaration. The Committee trusts that measures will soon be adopted to bring section 8(h) of the Act into conformity with the Convention and that the Government will indicate the action taken.

TEXT

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

In comments made since 1964, the Committee has asked the Government to repeal or amend section 8(h) of the Chiefdom Councils Act (Cap. 61) under which compulsory cultivation may be imposed on natives. The Committee noted the information provided by the Government to the International Labour Office in June 1987, and in particular, the Government's statement that in so far as section 8(h) of the Chiefdom Councils Act may not be in conformity with article 9 of the Constitution, it is not enforceable, since the Constitution takes precedence. Pending adoption of the measures to bring section 8(h) of the Act into conformity with the Convention, the Committee asks the Government whether this section has been declared not to be enforceable, and in the affirmative, to supply a copy of the official publication of such declaration. The Committee trusts that measures will soon be adopted to bring section 8(h) of the Act into conformity with the Convention and that the Government will indicate the action taken.

TEXT

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.