Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Sierra Leone (Ratification: 1961)

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

Articles 2, 4 and 5 of the Convention. Contractual provisions. Inspections and sanctions. Application of the Convention in practice. For a number of years, the Committee has been requesting the Government to submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of public procurement reforms, including the adoption of the Public Procurement Act of 2004. The Committee notes the information provided by the Government in its report, which sets out a list of relevant laws and regulations, and refers to “the labour clauses in public procurement contracts”. The Government also indicates that the national laws specifically regarding the insertion of clauses in public contracts are still in force. The Committee also notes the annexes to the report, consisting of copies of the Workmen’s Compensation Act; an article concerning the Industrial Relations Act, 1971; the National Social Security and Insurance Trust Act, 2001; the National Employment Policy 2020–2024; and the Companies Act, 2009. The Committee notes, however, that the Government does not provide any description or information on the public procurement reforms, nor does it clarify its reference to “the labour clauses in public procurement contracts”. The Government merely indicates that the manner in which the Convention is applied in practice is well-appreciated by the stakeholders and that the Ministry of Labour and Social Security deals with matters fairly in respect of how it treats issues emanating from contracts, be they public–private contracts or contracts between private parties. The Committee nonetheless notes the adoption of the Public Procurement Act, 2016, the Public Procurement Regulations, 2020 and the Public Procurement Manual, Second Edition, 2020, none of which contain substantive provisions regarding the obligation set out in Article 2(1) of the Convention to insert labour clauses in public procurement contracts that ensure “to the workers concerned wages (including allowances), hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the trade or industry concerned in the district where the work is carried on: (a) by collective agreement or other recognized machinery of negotiation between organizations of employers and workers representative respectively of substantial proportions of the employers and workers in the trade or industry concerned; or (b) by arbitration award; or (c) by national laws or regulations”. Consequently, the Committee notes that the Government has not provided the requested information concerning the measures taken to give concrete effect to the main requirements of the Convention, namely the insertion of labour clauses in public contracts required under Article 2 of the Convention. The Committee requests the Government to provide detailed and updated information on the application of the Convention in practice. In particular, it requests the Government to indicate specifically whether the Administrative Regulation- Secretariat Circular No. 23 of 1946, which met the requirements of the Convention at the time of its ratification by Sierra Leone, is still in force. In addition, it reiterates its request that the Government submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of public procurement reforms. The Committee further requests the Government to provide examples of public contracts issued during the reporting period containing labour clauses within the meaning of the Convention, to enable the Committee to fully examine the manner in which the Convention is implemented in law and practice.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, 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

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee asks the Government to submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of public procurement reforms, including the adoption of the Public Procurement Act, 2004.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in 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

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee asks the Government to submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of public procurement reforms, including the adoption of the Public Procurement Act, 2004.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee asks the Government to submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of public procurement reforms, including the adoption of the Public Procurement Act, 2004.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011. The Committee also notes that the Government has 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

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee asks the Government to submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of public procurement reforms, including the adoption of the Public Procurement Act, 2004.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments:

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee asks the Government to submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of public procurement reforms, including the adoption of the Public Procurement Act, 2004.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee asks the Government to submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of public procurement reforms, including the adoption of the Public Procurement Act, 2004.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 matters raised in its previous comments.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee asks the Government to submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of recently introduced public procurement reforms, including the adoption of the Public Procurement Act, 2004.

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

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee asks the Government to submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of recently introduced public procurement reforms, including the adoption of the Public Procurement Act, 2004.

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

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

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee asks the Government to submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of recently introduced public procurement reforms, including the adoption of the Public Procurement Act, 2004.

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

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes with regret that the Government’s report has not been received for the fifth consecutive year. The Committee asks the Government to submit a detailed report on the state of national law and practice regarding labour clauses in public contracts in the light of recently introduced public procurement reforms, including the adoption of the Public Procurement Act, 2004.

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

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 matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. Insertion of labour clauses in public contracts. Noting that the Government has not supplied for a number of years any substantive information on the national laws and regulations giving effect to the provisions of the Convention, the Committee would be grateful if the Government would communicate in its next report up to date information on the implementing legislation and specify in particular the legal instrument which provides for the insertion of labour clauses to public contracts as required under Article 2 of the Convention. In this connection, the Committee requests the Government to indicate whether the Administrative Regulation – Secretariat Circular No. 23 of 1946, which met the requirements of the Convention at the time of its ratification, is still in force.

Moreover, the Committee understands that the Government with the assistance of the United Nations Development Programme (UNDP) and the World Bank has undertaken public procurement reforms including the restructuring of the Central Tender Board, which sets policies and supervises procurement, the setting up of decentralized procurement offices in key ministries, and the drafting of new rules and regulations with a view to improving financial performance, good governance and transparency. The Committee hopes that the Government will take the necessary steps to ensure that the new legislation on public procurement is fully consistent with the requirements of the Convention and asks the Government to keep the Office informed of any further developments in this regard.

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

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 matters raised in its previous direct request, which read as follows:

Article 2 of the Convention.  Insertion of labour clauses in public contracts. Noting that the Government has not supplied for a number of years any substantive information on the national laws and regulations giving effect to the provisions of the Convention, the Committee would be grateful if the Government would communicate in its next report up to date information on the implementing legislation and specify in particular the legal instrument which provides for the insertion of labour clauses to public contracts as required under Article 2 of the Convention. In this connection, the Committee requests the Government to indicate whether the Administrative Regulation — Secretariat Circular No. 23 of 1946, which met the requirements of the Convention at the time of its ratification, is still in force.

Moreover, the Committee understands that the Government with the assistance of the United Nations Development Programme (UNDP) and the World Bank has undertaken public procurement reforms including the restructuring of the Central Tender Board, which sets policies and supervises procurement, the setting up of decentralized procurement offices in key ministries, and the drafting of new rules and regulations with a view to improving financial performance, good governance and transparency.

The Committee hopes that the Government will take the necessary steps to ensure that the new legislation on public procurement is fully consistent with the requirements of the Convention and asks the Government to keep the Office informed of any further developments in this regard.

Finally, the Committee refers to its 2008 General Survey on labour clauses in public contracts which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94. It also refers to the Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law and practice.

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

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 matters raised in its previous direct request, which read as follows:

Noting that the Government has not supplied for a number of years any substantive information on the national laws and regulations giving effect to the provisions of the Convention, the Committee would be grateful if the Government would communicate in its next report up to date information on the implementing legislation and specify in particular the legal instrument which provides for the insertion of labour clauses to public contracts as required under Article 2 of the Convention. In this connection, the Committee requests the Government to indicate whether the Administrative Regulation – Secretariat Circular No. 23 of 1946, which met the requirements of the Convention at the time of its ratification, is still in force.

Moreover, the Committee understands that the Government with the assistance of the United Nations Development Programme (UNDP) and the World Bank has undertaken public procurement reforms including the restructuring of the Central Tender Board, which sets policies and supervises procurement, the setting up of decentralized procurement offices in key ministries, and the drafting of new rules and regulations with a view to improving financial performance, good governance and transparency.

The Committee hopes that the Government will take the necessary steps to ensure that the new legislation on public procurement is fully consistent with the requirements of the Convention and asks the Government to keep it informed of any further developments in this regard.

Finally, the Committee takes this opportunity to refer to its 2008 General Survey on labour clauses in public contracts which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.

For all useful purposes, the Committee attaches herewith a copy of a Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law.

 

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

The Committee notes 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 matters raised in its previous direct request, which read as follows:

Noting that the Government has not supplied for a number of years any substantive information on the national laws and regulations giving effect to the provisions of the Convention, the Committee would be grateful if the Government would communicate in its next report up to date information on the implementing legislation and specify in particular the legal instrument which provides for the insertion of labour clauses to public contracts as required under Article 2 of the Convention. In this connection, the Committee requests the Government to indicate whether the Administrative Regulation – Secretariat Circular No. 23 of 1946, which met the requirements of the Convention at the time of its ratification, is still in force.

Moreover, the Committee understands that the Government with the assistance of the United Nations Development Programme (UNDP) and the World Bank has recently undertaken public procurement reforms including the restructuring of the Central Tender Board, which sets policies and supervises procurement, the setting up of decentralized procurement offices in key ministries, and the drafting of new rules and regulations with a view to improving financial performance, good governance and transparency.

The Committee hopes that the Government will take the necessary steps to ensure that the new legislation on public procurement is fully consistent with the requirements of the Convention and asks the Government to keep it informed of any further developments in this regard.

Finally, the Committee seizes this opportunity to refer to this year’s General Survey which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.

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

The Committee notes the Government’s succinct statement on the continued application of the Convention. Noting that the Government has not supplied for a number of years any substantive information on the national laws and regulations giving effect to the provisions of the Convention, the Committee would be grateful if the Government would communicate in its next report up-to-date information on the implementing legislation and specify in particular the legal instrument which provides for the insertion of labour clauses to public contracts as required under Article 2 of the Convention. In this connection, the Committee requests the Government to indicate whether the Administrative Regulation – Secretariat Circular No. 23 of 1946, which met the requirements of the Convention at the time of its ratification, is still in force.

Moreover, the Committee understands that the Government with the assistance of the United Nations Development Programme (UNDP) and the World Bank has recently undertaken public procurement reforms including the restructuring of the Central Tender Board, which sets policies and supervises procurement, the setting up of decentralized procurement offices in key ministries, and the drafting of new rules and regulations with a view to improving financial performance, good governance and transparency.

The Committee hopes that the Government will take the necessary steps to ensure that the new legislation on public procurement is fully consistent with the requirements of the Convention and asks the Government to keep it informed of any further developments in this regard.