Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Sierra Leone (Ratification: 1961)

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.