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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - 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 notes that the Government has provided a copy of the Employment Act but has only transmitted part of the IRTU Act. It requests the Government to provide a copy of the IRTU Act to enable the Committee to assess its conformity with the Convention.

The Committee notes the reply of the Government to the 2013 allegations of the International Trade Union Confederation (ITUC) concerning restrictions to collective bargaining in the mining sector. The Government indicates that several pieces of legislation have been adopted with a view to removing restrictions to collective bargaining in the mining sector, including the two laws mentioned above. The Government adds that new trade unions have been registered and granted bargaining certificates to operate in that sector. It also notes that, among the collective bargaining agreements as listed in the Government’s report, one covers the mining sector. The Committee takes note of this information.

Scope of application of the Convention. Fire force and correctional service personnel. The Committee notes with regret that section 3 of the Employment Act expressly excludes members of the fire forces and correctional services from its scope and covers only the support and desk workers of these services, and that section 2(1) of the IRTU Act seems to exclude from its scope all members of the correctional services. The Government indicates that the Constitution restricts certain public servants from exercising their rights to association and assembly, and that any relevant review of the laws to afford them these rights would first require an amendment of the Constitution, which is currently under review. The Committee is therefore bound to once again recall that, with the sole exceptions set out in Articles 5 and 6, the rights and safeguards set out in the Convention apply to all workers, including fire service personnel and prison staff (2012 General Survey on the fundamental Conventions, para. 209). The Committee requests the Government to take the necessary measures to review 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 any developments in this regard.

Other categories of workers. The Committee had previously requested the Government to review section 2(4) of the draft IRTU Bill, which allowed the Minister, after consulting the Joint Consultative Committee (section 13), to exempt any person, class of persons, or undertaking with special employment arrangements from the application of the law. The Committee observes that section 2(2) of the Employment Act replicates this provision. In this regard, the Committee also notes the Government’s indications that consideration will be given to review the IRTU Act to address the Committee’s previous request concerning this provision, which it understands now also forms part of the IRTU Act. The Committee therefore requests the Government to take the necessary measures, including through the revision of the Employment Act and the IRTU Act, to ensure that all workers, with the only possible exception of the armed forces, the police and the public servants engaged in the administration of the state, are effectively guaranteed their rights under the Convention. The Committee requests the Government to provide information on all steps taken or progress achieved in this regard.

Articles 1 to 2 of the Convention. The Committee notes with interest that sections 12 and 13 in Part III of the newly adopted Employment Act effectively afford protections against anti-union discrimination and interference, including relevant penalties, with recourse to the High Court provided for in section 14. The Committee requests the Government to provide information on the practical application of the above provisions, including the number and nature of acts of anti-union discrimination (such as dismissals, transfers, or other prejudicial measures) and interference filed, as well as the outcomes of these cases (for example, decisions on reinstatement and compensation awarded, or fines imposed).

Article 4. Promotion of collective bargaining. The Committee had previously requested the Government to provide information on the criteria and procedures for the determination of a union’s eligibility to hold a collective bargaining certificate under the draft IRTU Bill. While the Committee understands from the Government’s indications that sections 26 and 27 of the IRTU Act provide for relevant criteria and procedures, it is unable to assess the content of these provisions in the absence of a copy of that Act. Recalling that the criteria to be applied to determine the representative status of organizations for the purpose of bargaining must be objective, pre-established and precise so as to avoid any opportunity for partiality or abuse (2012 General Survey on the fundamental Conventions, para. 228), the Committee requests the Government to take the necessary measures to ensure that the established procedures and criteria meet these requirements in law and practice.

Collective bargaining in practice. The Committee notes the Government’s indications that there are currently 19 collective agreements in force in the country covering Teaching; Mining; Public Utilities; Building and Construction; Industries; Services; Civil Service; Transport (road, rail and sea); Fishing; Municipal and Local Government; Banking Trade Groụp Council; Printing; Oil (Marketing and Refining); Air Transport; Commercial, Insurance and Accounting; Shipping and Forwarding; Hotel, Catering and Entertainment; Agriculture; and Pensioners/Retirement. The Committee further notes the Government’s indication that there is currently a lack of data available on the workers covered, which will be remedied once the Labour Market Information System, that can generate and store data, becomes fully digital and operational. The Committee requests the Government to continue to provide information on the number of collective agreements in force, the sectors concerned, and the number of workers covered, in addition to any measures undertaken to promote the development of collective bargaining.

The Committee urges the Government to make every effort in consultation with the social partners, to ensure that the Employment Act, 2023 and the Industrial Relations and Trade Union Act, 2024 are brought into full conformity with the Convention. The Committee recalls that the Government may avail itself of the technical assistance of the Office with regard to the issues raised in this comment.