Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - Sierra Leone (Ratification: 2021)

Articles 2 and 3 of the Convention. Adequate and free service to migrant workers. Measures against misleading propaganda. The Committee notes the Government’s first report. It notes that, pursuant to section 14(h) of the Overseas Employment and Migrant Workers Act 2023, the licensee (the private employment agency) who recruits a migrant workers should be responsible to ensure that the migrant worker is informed about the migration process, the employment contract, the terms of conditions of the work overseas, and the law of the country of destination before departure. It also notes that one of the objectives contemplated in the National Labour Migration Policy of 2018 was the establishment of Migration Resource Centres (MRCs) in Sierra Leone to provide tailored information and orientation to potential emigrants, returned migrants and immigrants on migration channels, safe migration and recruitment processes, and to combat human trafficking and xenophobia. The Committee requests the Government to indicate: (i) how in practice it ensures that migrant workers receive adequate and free services, including through the supervision of licensees under the Overseas Employment and Migrant Workers Act 2023; and (ii) whether Migration Resource Centres were established in practice and, if so, on their activities.

Article 5. Medical services. The Committee notes the Government’s indication that: (1) based on the Ministry’s policies and the licenses signed with the employment agencies, medical services are mandatorily provided to migrant workers to assure they are fit to travel out of Sierra Leone; and (2) the Ministry also ensures that the migrant workers’ employment contracts provide for medical services to be made available to migrant workers and members of their families. The Committee also notes that pursuant to section 14(f) of the Overseas Employment and Migrant Workers Act 2023, the licensee (the private employment agency) is responsible to ensure that the migrant worker it recruited is medically fit before departure. The Committee requests the Government to provide information on the concrete and specific measures adopted to ensure that migrant workers (emigrants and immigrants to Sierra Leone) enjoy adequate medical attention and good hygienic conditions at the time of departure, during the journey, and on arrival in the territory of destination.

Article 6. Equality of treatment. The Committee notes that migrant workers in Sierra Leone are covered by the Employment Act 2023 (section 2), which provides for a general protection against discrimination in employment and occupation (section 17) and the possibility for all workers to form and join trade unions (section 12). The Committee requests the Government to provide information on: (i) the number of cases filed or detected on unequal treatment of foreign workers compared to the treatment of nationals regarding working conditions (Article 6(1)(a)), and the follow up given to these cases; (ii) the measures adopted to ensure equal protection to foreign workers regarding accommodation; and (iii) social security schemes applicable to migrant workers, their contributions towards such schemes and their liability towards payment of taxes.

Articles 7(1) and 10. Collaboration with other Members. Employment services. The Committee notes that pursuant to section 21(b) of the Overseas Employment and Migrant Workers Act 2023, the Minister may enter into agreement with another country for the purpose of increasing opportunities for overseas employment, and that the Government refers to the conclusion of memorandums of understandings (MOUs) with other Members in the Gulf region. The Committee requests the Government to provide information on the content of the MOUs and/or agreements signed with other Members regarding labour migration and on whether and how its services collaborate with the services of other Members on the issue of labour migration and the protection of migrant workers in practice.

Article 8. Maintenance of residence in case of incapacity for work. 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. In view of the above, the Committee requests the Government to clarify if a migrant worker admitted in the country on a permanent basis, who is not able to follow occupation due to illness or injury, could remain in the country; and to specify the relevant provisions in the legislation.

Annex 1, Article 6. Assistance provided to migrant workers. Interpretation services. The Committee notes that pursuant to section 14 of the Overseas Employment and Migrant Workers Act 2023, the licensee (the private employment agency) who recruits a migrant workers should be responsible for the protection of migrant workers but that the Act does not explicitly refers to the provision of interpretation services. The Committee notes the Government’s indication that Sierra Leone embassies abroad provide assistance to migrant workers. In this regard, it recalls that the National Labour Migration Policy of 2018 contemplated the possibility of assigning labour attaches to selected Sierra Leonean missions and establish operating standards to govern consular services and protection provided to Sierra Leonean emigrants in destination countries. The Committee requests the Government to provide information on the services rendered by recruitment agencies once migrant workers have left the country, and whether these services include the provision of interpretation services. The Committee also requests the Government to specify whether labour attaches have been established in practice, and to provide information on any other services provided to nationals who are migrant workers abroad.

Annex 1, Article 7. Collaboration with other Members. Regulating matters of common concerns. Supervision. The Committee notes that section 21(a) of the Overseas Employment and Migrant Workers Act 2023 provides for the possibility to conclude agreements with foreign countries for the purpose of permitting the inspection of facilities provided to migrant workers to ensure that conditions of work are compatible with international standards. It also notes that the National Labour Migration Policy of 2018 considered offering dispute resolution services either through embassies or trusted organizations in the host countries. The Committee requests the Government to provide information on the agreements concluded with other countries regarding the supervision of the conditions of work in the host countries and on whether it provides services to migrant workers abroad in relation to dispute resolution.

Annex 2. Government sponsored arrangements for group transfer. In the absence of information on this point, the Committee requests the Government to indicate whether it has engaged in government-sponsored arrangements with other Members regulating group transfers of migrant workers and, if so, to provide a copy of the corresponding agreements and information on their implementation in practice.

Annex 3. Importation of personal effects, tools and equipment. The Committee notes the indication by the Government that nationals returning to Sierra Leone are not subject to custom duties. The Committee requests the Government to indicate whether administrative arrangements are made to ensure the implementation of Annex 3, providing for an exemption from custom duties, regardingforeign migrant workers.