Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Sierra Leone (Ratification: 1961)

The Committee takes note of the adoption of the Employment Act, 2023 (Act No. 15 of 2023) and the Industrial Relations and Trade Union Act, 2024 (Act No.6 of 2024) (IRTU Act). It requests the Government to provide a copy of the IRTU Act.

Article 2 of the Convention. Right of workers and employers without distinction whatsoever to establish and join organizations. In its previous comment, the Committee observed that pursuant to its draft section 3, the Employment Bill, if adopted, would not apply to the armed forces, police forces, fire forces, and correctional services, excluding their civilian workers. The Committee requested the Government to ensure that fire forces and correctional services personnel enjoyed the rights under the Convention. The Committee notes with regret that the Employment Act, in section 3, clearly excludes from its scope, members of the fire forces and correctional services, excluding their civilian workers, and that the IRTU Act in section 2(1) seems to exclude from its scope all members of the correctional service. The Committee notes the Government’s indication that section 26 of the Constitution of Sierra Leone, 1991, restricts the rights of some categories of workers who are public servants from exercising their rights under the Convention, and that any review of the legislations to afford these workers freedom of association rights would first require Constitutional review, which is under way. The Committee once again recalls that the functions exercised by firefighters and prison service personnel do not justify their exclusion from the rights and guarantees set out in the Convention. The Committee requests the Government to take necessary measures, including through the amendment of the two newly adopted laws, to ensure that the above-mentioned categories of workers are granted their rights under the Convention, and to provide information on developments in this regard.

The Committee had previously requested the Government to review the IRTU Bill and the Employment Bill to extend the scope of their application to all workers, regardless of their contractual situation. The Committee notes with regret that both the IRTU Act and the Employment Act, in section 1, circumscribe the definition of “worker” to a person who has a contractual relationship with the employer. The Committee further notes the Government’s indication that, while a review of the relevant provisions is being considered, the Constitutional review takes precedence. The Committee considers that the current terminology is restrictive and incompatible with Article 2 of the Convention. It once again recalls that all workers should have the right to establish and join organizations of their own choosing and that the criterion for determining the persons covered by that right, therefore, is not based on the existence of a contractual employment relationship, which is often non-existent, for example in the case of self-employed workers in general, workers in the informal sector or those who practice liberal professions, who should nevertheless enjoy the right to organize. The Committee therefore requests the Government to review the above-mentioned pieces of legislation so as to extend the scope of its application to all workers, regardless of their contractual situation.

Right of workers and employers’ organizations to establish organizations of their own choosing. The Committee previously noted that section 44 of the IRTU Bill allowed the Registrar to refuse the registration of a trade union or an employers’ organization if there is another union or employers’ organization already registered that adequately represents the interests of those on behalf of whom the organization seeks registration and additionally allows the existing organization to object to the registration of a new one. It requested the Government to review the IRTU Bill so as to allow the registration of more than one trade union or employers’ organization. The Committee notes the Government’s indication that the provision in the newly adopted IRTU Act remains the same, and that while its review will be considered in time, regulations accompanying the act will meanwhile be adopted to give effect to the Committee’s previous request. The Committee considers that the right of workers and employers to establish organizations of their own choosing, as set out in Article 2 of the Convention, implies that diversity of trade union and employers’ organizations must remain possible in all cases. The Committee therefore requests the Government to take necessary measures to amend the legislation so as to allow for the registration of more than one trade union or employers’ organization.

Recognition of the most representative trade union or employers’ organization. The Committee requested the Government to delete from the IRTU Bill the explicit designation of the Sierra Leone Labour Congress (Congress) and the Sierra Leone Employers’ Federation (Federation) as the most representative organizations. The Committee notes with regret the Government’s indication that the same designation has been retained in the IRTU Act. The Government indicates that the Congress and Federation are expressly named in the Constitution as the recognized bodies representing workers and employers respectively and that it will consider making recommendations to the Constitutional Review Committee to give effect to the Committee’s request. The Committee considers that while the Convention is compatible with the system of the most representative organization, the most representative organizations should not be explicitly named in the legislation so as to allow all organizations to claim representative status, based on objective, pre-established and precise criteria. The Committee once again requests the Government to take the necessary steps to delete the designation of a specific union and employers’ organization from the legislation, and to provide information on all developments in this regard.

Article 5. Right of organizations to establish and join federations and confederations and to affiliate with international organizations of workers and employers. The Committee previously noted that the IRTU Bill restricted the right of trade unions and employers’ organizations to join federations and confederations, and that the Employment Bill limited this right to the participation of individual employers and workers in the formation of a federation. Further noting that neither bill granted organizations the right to establish and join federations and confederations or to affiliate with international organizations of workers and employers, the Committee requested the Government to amend the two Bills prior to their adoption to give full effect to Article 5 of the Convention. The Committee notes with regret the Government’s indication that there have been no steps taken to this effect and that the provisions in the adopted legislations remain the same as those in the Bills. The Government adds that any amendment would be possible only post the review of the Constitution. The Committee requests the Government to take the necessary measures to amend the legislation so as to include clear provisions setting out the rights under Article 5 of the Convention.

While noting the Government’s indications that a constitutional review, which is under way, would need to precede any revision of the above-mentioned legislation, the Committee urges the Government to make every effort in consultation with the social partners, to ensure that theEmployment Act, 2023 and the Industrial Relations and Trade Union Act, 2024 are brought into full conformity with the Convention without further delay. The Committee recalls that the Government may avail itself of the technical assistance of the Office in this regard.