Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre los trabajadores migrantes (disposiciones complementarias), 1975 (núm. 143) - Sierra Leona (Ratificación : 2021)

Articles 2 and 6 of the Convention. Legislation.Measures to detect migration in abusive conditions, and illegal employment of migrants. The Committee takes note of the adoption of a series of legislative measures to regulate labour migration, including the adoption of: the Employment Act 2023, the Work Permit Act 2023, the Overseas Employment and Migrant Workers Act 2023 and the Anti-Human Trafficking and Migrant Smuggling Act 2023. The Committee also notes that the National Labour Migration Policy 2018 provided for the adoption of measures to enhance the collection of data on labour migration, including data regarding trafficking in persons, child labour and smuggling of migrants. Furthermore, the Committee notes the Government’s indication, in its first report, that the Ministry of Employment carries out periodic inspections of premises without notice in order to ascertain that all workers in the country, and in particular migrant workers, have proper documentation and registration status. The Committee requests the Government to provide information on: (i) the measures adopted to collect statistical data on labour migration (and to communicate such data); and (ii) the number of cases filed or detected of migration in abusive conditions, and the follow up given to these cases (convictions and penalties imposed and remedies granted).

Article 3. Illegal employment and clandestine movement of migrant workers. The Committee notes that the legislation prohibits the unauthorized employment of migrant workers (section 10 of the Work Permit Act) and the smuggling of foreign nationals (section 20 of the Anti-Human Trafficking and Migrant Smuggling Act 2023). The Committee requests the Government to provide information on the implementation of these provisions in practice, including information on the number of cases detected and the follow up given to these cases.

Article 4. Exchange of information at national and international levels. The Committee notes that the legislation provides for the establishment of the following entities: the Work Permit Committee, the Overseas Employment and Migration Workers Committee, and the National Task Force on Human Trafficking. The Committee also notes the indication by the Government that it has signed Memorandum of Understandings (MOUs) and agreements on labour migration with foreign countries. The Committee requests the Government to provide information on: (i) the coordination of the activities and exchange of information between the different national authorities competent to address labour migration; and (ii) the MOUs and agreements concluded with foreign Governments on labour migration, specifying whether they entail the systematic exchange of information.

Article 8(1). Legal status in the case of loss of employment. The Committee notes that: (1) pursuant to section 19(2)(a) of the Non-citizens (registration, immigration and expulsion) Act 1965, any person who is without visible means of support or is likely to become a pauper or a public charge is included in the category of “prohibited immigrants”; (2) pursuant to section 16(2) of the Work Permit Act 2023, “[w]here a foreign national ceases to work for an employer, the employer shall not later than seven working days after the cessation give notice of the cessation to the Commissioner”; and (3) pursuant to section 17 (1)(a)(i) of the Work Permit Act 2023, the Minister may withdraw a work permit where he is satisfied that the permit holder failed to comply with the terms to which the permit was issued. The Committee requests the Government to adopt measures, including if necessary legislative measures, to ensure that foreign workers are not regarded as in an illegal or irregular situation by the mere fact of the loss of their employment, which shall not in itself imply the withdrawal of the authorization of residence, or as the case may be, work permit.

Articles 8(2), 10, 12, 14. Provision of alternative employment. Equal treatment in respect of employment and occupation. The Committee notes that pursuant to section 23 of the Employment Act 2023, an employer shall, for the purpose of employment and training, give first consideration to Sierra Leoneans. The Committee recalls that migrant workers residing legally in the country for the purpose of employment shall enjoy equality of treatment with nationals in respect of the provision of alternative employment, and more generally in respect of employment and occupation, for the remainder of the validity of their residence permit. The Committee therefore requests the Government to clarify whether section 23 of the Employment Act 2023 applies to migrant workers who are already residing legally in the country, and if so, to adopt measures, including legislative ones, to ensure equality of treatment with nationals in respect of employment and occupation.

Article 9(1) and (2). Equality of treatment of migrants in an irregular situation. Rights arising out of past employment. The Committee notes that migrant workers are not excluded from the scope of application of the Employment Act 2023 (section 2). It also notes the Government’s indication that in case of violation of the right of migrant workers and in which their position cannot be regularized, they enjoy equality of treatment for themselves and their family in respect of rights arising out of past employment as regards remuneration, social security and other benefits. The Committee asks the Government to provide information on the measures taken to ensure that, in practice, migrant workers who are in an irregular situation, for reasons which can or cannot be attributed to them, and whose situation cannot be regularized: (i) enjoy the benefits of the rights arising out of past employment as concerns remuneration, social security and other benefits; and (ii) have the possibility to present their case to a competent body, including the courts.It further asks the Government to provide information on any case brought before the courts and to indicate whether the migrant worker is permitted to remain in the country for the duration of the case.

Article 9(3). Costs of expulsion. The Committee notes the Government’s indication that the cost of expulsion is charged on the account of the employer who brought the migrant worker into the country and that an agreement to this arrangement is normally a condition precedent to the admission of the migrant worker into Sierra Leone. However, the Committee also notes that, pursuant to section 26 of the Non-citizens (registration, immigration and expulsion) Act 1965, where an expulsion order is made, the Governor-General may “apply any money or property of the non-citizen in payment of the whole or any part of the expenses which may be incurred by the Government in connection with the expulsion of such non-citizen and the maintenance of the non-citizen and his dependents, if any, before departure”. Recalling that in case of expulsion of the worker or his or her family, the cost shall not be borne by them, the Committee requests the Government to provide information on: (i) whether section 26 of the Non-citizens (registration, immigration and expulsion) Act 1965 is applied in practice; (ii) the measures adopted to ensure that migrant workers and their families do not bear the cost of their expulsion; and (iii) the measures envisaged with a view to align the legislation with the requirement of the Convention in this regard.

Article 13. Family reunification. The Committee notes that the Government indicates that “to the extent its resources so permit”, it supports the reunification of immediate family members, without references to the legislation applicable to such reunification. The Committee requests the Government to provide information on the conditions applicable to migrant workers’ family reunification and to provide a copy of the corresponding legislation and policies.