SIERRA LEONE WORST FORMS OF CHILD LABOR REPORT

UNCLAS SECTION 01 OF 03 FREETOWN 000033 SIPDIS DEPT FOR AF/W (JHUNTER),DRL/ILCSR (TDANG) DEPT OF LABOR FOR ILAB (TMCCARTER) E.O. 12958: N/A TAGS: ELAB EIND ETRD PHUM SL SUBJECT: SIERRA LEONE WORST FORMS OF CHILD LABOR REPORT REF: 08 STATE 127448 ¶1. Per reftel, Embassy Freetown provides the following updates to inform the 2008 TDA Report. ¶2. In 2007, Sierra Leone passed the Child Rights Act aimed at protecting children under 18 from early marriage, conscription into the armed forces, trafficking, domestic violence and exploitation. It also severely limits child labor, allowing light work only at age 13, and full-time work at age 15. The law prohibits children under 13 from being employed in any capacity. Despite its passage, the President has not yet officially signed the Child Rights Act, and it does not have an official commencement date. ¶3. In Sierra Leone, light work constitutes work which is not likely to be harmful to the health or development of the child and does not affect the child's attendance at school or the capacity of the child to benefit from school work. Though not specifically allowed under the law, work in the home and on family farms is generally considered a normal responsibility for children and is not considered work. ¶4. The minimum age for hazardous work is 18. In the Child Rights Act hazardous work includes going to sea, mining and quarrying, porterage of heavy loads, manufacturing industries where chemicals are produced or used, work in places where machines are used, and work in places such as bars, hotels and entertainment where a child may be exposed to immoral behavior. The law stipulates that the Ministry of Mineral Resources should refuse licenses to minors and revoke the licenses of those in the sector using under-age labor, though the latter provision has never been used. The 2004 Education Act established free and compulsory primary education for all citizens, but it was only rhetorically enacted. The country still lacks the facilities, teachers and other resources necessary to provide free education for all. ¶5. Most NGOs stated that no laws have been specifically promulgated on the worst forms of child labor; children currently are afforded the same protections under various laws as adults. Though prostitution is not illegal in Sierra Leone, commercial sexual exploitation of children is unlawful under the 2005 Anti-Human Trafficking Act. ¶6. The country has not yet created a list of the worst forms of child labor. However, an individual violating the age restrictions within the Child Rights Act could face up to 2 years imprisonment and/or a fine of up to 10 million Leones. An individual convicted of trafficking, whether the victim is an adult or a child, could face up to 10 years imprisonment and/or a fine of up to 30 million Leones. ¶7. Sierra Leone's minimum age for military recruitment is 18. ¶8. Sierra Leone has not ratified ILO Convention 182 or developed a list of the worst forms of child labor. ¶9. The Child Rights Act stipulates that district labor officers are responsible for initial investigations and enforcement of child labor provisions within the formal sector. Once sufficient evidence is gathered, cases are referred to the police for further investigation and possible charges. District Councils are responsible for enforcement in the informal sector. They refer cases to the police and/or Ministry of Social Welfare, Gender, and Children's Affairs Officers, as appropriate. Although the labor officers and district councils have limited punitive powers, many local community leaders and chiefs have enacted bye-laws to punish and deter violations at the local level with varying success. Fines are sometimes levied against the worst offenders. The Freetown City Council, for example, created a city-wide initiative to combat child labor. Police are mandated to find and stop children found working in the street during school hours and at night. Found children are taken to their guardian, who must pay a fine of Le 100,000 ($33.00). However, as most parents cannot afford to pay the fine, the police usually just issue a warning. ¶10. The government lacks monitors and the resources to effectively pursue investigations. There have been no known prosecutions for child labor violations; mediation is generally used instead at the time of the infraction. The government invests very few resources into investigating child labor cases. ¶11. There are no inspectors employed specifically to address child labor. However, the Ministry of Mineral Resources has 300-400 monitors in the field and the Ministry of Labor has 7 FREETOWN 00000033 002 OF 003 monitors. These monitors do sometimes mediate or intervene in child labor cases. The Ministry of Social Welfare, Gender, and Children's Affairs has social workers assigned to FSUs at the chiefdom level to also address the issue when it arises. Despite the lack of focus on child labor issues, most NGOs feel that, in the mining areas, government and local monitors have been effective in scaring the major mining operators into compliance. ¶12. Police and law enforcement do not have a mandate to investigate child labor. However, all Family Support Unit (FSU) officers will play a role once the Child Rights Act is officially implemented. ¶13. There were no official investigations into child labor violations, and therefore no resultant convictions. However, some local councils and/or civil society organizations have conducted investigations that resulted in fines. An accurate count of investigations is unavailable, as the process is highly informal. ¶14. The Government of Sierra Leone lacks the resources to provide effective training for officials charged with enforcing child labor laws. However, they have encouraged several NGOs to fill the void. The IRC, with support from USDOL, has provided training to FSU and other Sierra Leone Police officers, the newly created Child Welfare Committees, schools administrators, and children on identification and intervention strategies. ¶15. The government does not have the resources to financially support any initiatives, but they encouraged several NGOs to conduct scholarship programs and educational campaigns aimed at advocating the rights of children. The government also works to coordinate and organize efforts by NGOs. In partnership with UNICEF, the government funded a sensitization program using community radio stations and local languages. ¶16. The Child Rights Act Implementation Plan was finalized in 2008 and officially launched in November to coincide with the International Day of the Child. The plan will begin to be implemented next year, though government and NGO interlocutors are unsure if the Ministry of Social Welfare, Gender, and Children's Affairs will be allocated the appropriate budget to do so. The budget implications of the Act are unlikely to be built into the national budget until at least 2010. ¶17. According to UNICEF and several local NGOs, the government does not specify child labor as an issue to be addressed in poverty reduction, development or education policies and programs. The Ministry of Social Welfare, Gender, and Children's Affairs sees child labor as a symptom of poverty, and call for increased educational opportunities and poverty alleviation programs to lessen the root cause of child labor. However, the government does identify child labor as an issue to be addressed within the mining sector, where the law prohibits the issuance of mining licenses to minors and revokes the licenses from those found using child labor. NGOs have pushed for more awareness of the issue, but the government has shied away from labeling child labor as a major issue largely due to its pervasiveness and cultural acceptance of child work. ¶18. The Ministry of Mineral Resources, mandated to enforce regulatory prohibitions against the worst forms of child labor in the diamond mining areas, was minimally effective. Monitors did not have the resources to effectively enforce anti-child labor policies, but mediated and educated offenders when found. Enforcing the law was relatively easy in urban areas where registered mining occurred. Monitoring was more challenging in rural areas due to lack of transportation and a small number of monitors. Child labor is most pervasive in the artisanal mining sector or in illicit mining operations. ¶19. Most NGOs and government officials have noted a decline in child labor overall. The passing of the Child Rights Act and various awareness campaigns have increased the understanding of child protection issues, and many people are afraid of the repercussions they might face for offenses. However, awareness has not always resulted in behavior change, especially in the more rural areas of the country, and many still do not fully understand the concepts within the Child Rights Act. Child labor is deeply ingrained in the culture and mindset of most Sierra Leoneans, and is not likely to disappear quickly. Most child protection advocates agree that sensitization activities will only go so far; FREETOWN 00000033 003 OF 003 there needs to be an increased focus on economic development and income generating alternatives to make up for the lost wages that children bring home. ¶20. The law stipulates that public education is free and compulsory until the age of 15. However, most schools require students to pay various fees for uniforms, books and other supplies, discouraging attendance by those who cannot afford them. Due to the high level of poverty and the lack of monitors, compulsory education is not enforced. ¶21. Children are involved in mining, sand mining, agriculture, fishing, rock breaking, street trading, prostitution, and chores around the house. The incidence of these practices has not improved in the last year according to anecdotal reports, though rock breaking in the mining areas has increased due to an increase in the practice of blasting. Many children and women are now collecting and breaking down the large boulders which are unearthed by mining explosives. While boys are usually more involved in mining, rock breaking, fishing and agricultural activities, and while girls are more involved in prostitution and house chores, there is considerable overlap. Child labor in Sierra Leone cannot be characterized by gender, ethnic group, religion or age. Most children consider themselves willing workers to support themselves or their families. FEDZER