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National Labour Migration Policy

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National Labour Migration Policy

Uploaded by

bai
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

GOVERNMENT OF SIERRA LEONE

SIERRA LEONE LABOUR MIGRATION POLICY

MINISTRY OF LABOUR & SOCIAL SECURITY


&
STRATEGY & POLICY UNIT
Private Sector Advisory

1
TABLE OF CONTENT

Preface ………………………………………………………………………………… 1

Acknowledgement……………………………………………………………………... 2

Executive Summary……………………………………………………………………. 2

Acronyms………………………………………………………………………………. 4

1. INTRODUCTION………………………………………………………………………………………………… 6

1.1. THE GLOBAL CONTEXT……………………………………………………………………………………. 6


1.2. REGIONAL PERSPECTIVE…………………………………………………………………………………. 7
1.3. SIERRA LEONE CONTEXT…………………………………………………………………………………. 8
2 STRATEGIC POLICY OBJECTIVES……………………………………………………………………. 9
2.1 POLICY GOALS…………………………………………………………………………………………………. 9
2.2 STRATEGIC POLICY OBJECTIVES……………………………………………………………………….. 9
2.3 GUIDING PRINCIPLES……………………………………………………………………………………… 10
2.4 THE POLICY PROCESS……………………………………………………………………………………… 11
3 INTERVENTION AREAS IN THE FIELD OF LABOUR MIGRATION……………………… 11
3.1 GOVERNANCE OF LABOUR MIGRATION PROCESS………………………………………… 11
3.1.1 Legislative Framework……………………………………………………………………………….…... 12
3.1.1.1 Policy objective………………………………………………………………………………………….…... 13
3.1.1.2 Implementation Strategies……………………………………………………………………………… 13
3.1.2 Institutional Framework and Operational Capacity………………………………………. 14
3.1.2.1 Policy objectives………………………………………………………………………………………………. 15
3.1.2.2 Implementation Strategies………………………………………………………………………………. 15
3.1.3. Regulatory Framework…………………………………………………………………………………. 16
3.1.3.1. Policy Objectives…………………………………………………………………………….…...…...…... 17
3.1.3.2 Implementation Strategies………………………………………………………………………………. 17
3.1.4. International and Regional Collaboration……………………………………………………… 18
3.1.4.1 Policy Objectives………………………………………………………………………………………………. 18
3.1.4.2 Implementation Strategies………………………………………………………………………….…... 19
3.2. PROTECTION AND EMPOWERMENT OF MIGRANT WORKERS
AND THEIR FAMILIES……………………………………………………………………………………… 19
3.2.1 Protection of Immigrant Workers and their Families in Sierra Leone……………… 20
3.2.1.1 Policy objectives…………………………………………………………………………………….…...….... 20
3.2.1.2 Implementation Strategies………………………………………………………………………………… 21
3.2.2. Protection of Sierra Leonean Migrant Workers and their Families in
Countries of Employment………………………………………………………………………………. 22
3.2.2.1. Policy Objectives………………………………………………………………………………………………. 22
3.2.2.2. Implementation Strategies…………………………………………………………………….…...…... 23
3.2.3 Combating Trafficking in Persons, Child Labour and Smuggling of Migrants…... 24
3.2.3.1. Policy Objectives………………………………………………………………………………………….…... 25
3.2.3.2. Implementation Strategies………………………………………………………………………………… 25
3.2.4 Portability of Social Security Rights………………………………………………………………… 26
3.2.4.1 Policy Objectives ………………………………………………………………………………………………. 26
3.2.4.2 Implementation Strategies…………………………………………………………………………………. 27

2
3.3 LABOUR MIGRATION AND DEVELOPMENT…………………………………………………………… 27
3.3.1. Mainstreaming Labour Migration into the National
Development Planning Agenda………………………………………………………………………… 28
3.3.1.1 Policy Objectives…………………………………………………………………………………………….…... 28
3.3.1.2 Implementation Strategies…………………………………………………………………………………… 29
3.3.2. Mobilizing Remittances for Sustainable Development………………………………………. 29
3.3.2.1 Policy Objectives…………………………………………………………………………………………………… 30
3.3.2.2 Implementation Strategies……………………………………………………………………………………. 30
3.3.3. Migrants -Led Investments………………………………………………………………………………… 31
3.3.3.1 Policy Objectives…………………………………………………………………………………………………… 31
3.3.3.2 Implementation Strategies……………………………………………………………………………………. 31
3.3.4 Enhancing Skills Transfer into Sierra Leone………………………………………………………… 32
3.3.4.1. Talent Mobility Programmes and Skills Transfer
from Immigrants into Sierra Leone……………………………………………………………………. 33
3.3.4.1.1 Policy Objectives……………………………………………………………………………………………….
33
3.3.4.1.2 Implementation Strategies………………………………………………………………………………. 33
3.3.4.2. Skills Transfer from Sierra Leonean Diaspora……………………………………………………34
3.3.4.2.1 Policy Objectives……………………………………………………………………………………………….35
3.3.4.2.2 Implementation Strategies………………………………………………………………………….......35
3.4 LABOUR MARKET INFORMATION SYSTEM AND DATA COLLECTION…………………....36
3.4.1 Data Collection and Analysis…………………………………………………………………………….…....36
3.4.1.1 Policy Objectives……………………………………………………………………………………………………. 36
3.4.1.2 Implementation Strategies …………………………………………………………………………………….37
4. INSTITUTIONAL ARRANGEMENT AND IMPLEMENTATION FRAMEWORK……….…... 37
4.1 Coordination Mechanism……………………………………………………………………………………….…... 37
4.2 Working Committee……………………………………………………………………………………………………. 38
4.3 Government Agencies…………………………………………………………………………………………………. 38
4.4 Employers, Workers and Recruitment Agencies…………………………………………………………...39
4.5 Development Partners………………………………………………………………………………………………….40
4.6 Monitoring and Evaluation……………………………………………………………………………………………40
NATIONAL LABOUR MIGRATION POLICY IMPLEMENTATION ACTION PLAN………….41-57

3
PREFACE

Sierra Leone, as a country of origin, transit and destination for migrant workers, faces various
challenges in labour migration and its processes. Over the years, migration of Sierra Leonean
youths for employment opportunities overseas has generated problems and huge challenges.

Recalling its mandate of employment creation and regulation; and determined to fulfil
obligations stated in the Agenda for Prosperity - Pillars 5 and 6; Labour and Employment and
Social Protection respectively; the Ministry of Labour and Social Security places premium on
and emphasizes the need to address these problems. The MLSS collaborated with the
Strategy and Policy Unit and other stakeholders to identify the root causes of these problems
and took the lead to formulate and implement policies and strategies that will ensure
cooperation of stakeholders, regulate the Labour Migration process, empower migrants and
protect their rights and those of their families in Sierra Leone in the interest of reciprocity.

The formulation of the National Labour Migration Policy is topical and timely. There has
been an increase in the desire of Sierra Leoneans to migrate overseas with its associated
negative effects like brain drain, smuggling and trafficking of persons, unregulated
Recruitment Agencies, uncoordinated management of Labour migration, etc. These relate to
the impact of globalization trends on the economy, vulnerability, protection and welfare
issues, increase in women‟s participation, social implications and Sierra Leone‟s commitment
to fulfilling provisions of relevant international instruments, agreements pertaining to migrant
workers.

Fortunately, Sierra Leone has signed the International Convention on the Protection of the
Rights of all Migrant Workers and their Families. It has ratified all eight core conventions of
the ILO‟s Fundamental Principles and Rights at Work and also endorsed the ILO Multilateral
Framework on Labour Migration as a solid foundation for elaboration of the National Labour
Migration Policy.

The National Labour Migration Policy document was produced through extensive
consultations among all concerned stakeholders - relevant government Ministries,
Departments and Agencies, Employers' and Workers' Organizations, Migrant Associations,
Civil Society and concerned International Agencies. The Policy sets forth Government's
policy commitments and elaborates on challenges and policy responses identified by all
stakeholders in the consultative processes. The Policy further contains a detailed work plan to
address important policy challenges and issues that have emerged.

A Technical Working Committee (TWC) under the leadership of my Ministry contributed to


the formulation of the National Labour Migration Policy. The TWC identified three key focus
areas and one crosscutting issue for elaboration of the policy; Namely Governance of the
Migration Process, Protection and Empowerment of Migrant Workers and their Families and
Migration and Development; Labour Market and Migration Information System (LMMIS).

The Ministry of Labour and Social Security is delighted to implement the National Labour
Migration Policy. My Ministry recognizes the crucial roles and responsibilities of all key
stakeholders in the process, and counts on their full cooperation for ensuring migration is
managed in conditions of dignity, security and equity for all Sierra Leonean women and men
seeking employment opportunities overseas. The Ministry also commits itself to establishing
a multi-stakeholder structure to monitor and evaluate the implementation of the Policy.

Hon. Matthew M. Teambo (Dr.)


Honourable Minister of Labour and Social Security
4
ACKNOWLEDGEMENT

The Ministry of Labour and Social Security (MLSS) acknowledges and extend appreciation
and thanks to the Strategy and Policy Unit for their collaboration and support in the
formulation of the National Labour Migration Policy. Special recognition to Mr. Barbah
Fortune, the previous Permanent Secretary, MLSS and Mr. Dylan Sogie Thomas, Strategy
and Policy Unit (SPU) State House, Policy Adviser to MLSS for their immense contribution
in producing the first draft of the policy document.

We also appreciate the roles of all stakeholders especially members of the Technical Working
Committee (TWC) for their support, time and technical expertise; members of staff of the
Labour Migration Unit, Ministry of Labour and Social Security for their dedication to ensure
successful formulation of the Policy.

The Ministry of Labour and Social Security expresses appreciation and warm regards to the
European Union (EU) and the Economic Community of West African States (ECOWAS) for:
funds provided to the Demand Driven Facility (DDF) of the (FMM) (West Africa) Project,
their timely intervention and continued support to the development of the Policy; assessing
the Ministry‟s capacity to manage migration; training staff of the MLSS and relevant
stakeholders; providing equipment to the Labour Migration Unit and reviewing, finalizing
and validating the Draft Labour Migration Policy

We acknowledge the professionalism and patience exhibited by the DDF‟s Consultant, Dr.
Joseph Teye and all the other experts from the Consortium (ILO, IOM and ICMPD) whose
technical inputs proved invaluable during the processes of review, validation and finalization
of the Policy.

Moreover, we recognize the immeasurable contribution of Mr. Samuel Jamiru Briama,


Lecturer, Fourah Bay College, University of Sierra Leone and the National Consultant to
MLSS for formulation of the Policy.

Finally, we appreciate the efforts of the current Permanent Secretary of the MLSS, Mr.
Charles T. Kamanda, for ensuring continuity of the formulation processes up to validation,
approval and, implementation of the Policy.

Thanks to all those who in diverse ways contributed to realization of this policy. We
appreciate the various roles you played in making this work a success.

EXECUTIVE SUMMARY

Despite its importance for economic development, labour migration has not been adequately
mainstreamed into development policy in Sierra Leone. There is limited coherence in existing
migration-related laws, mainly due to the absence of coordination among the various
departments and agencies dealing with migration-related issues in Sierra Leone. In
recognition of the significant contributions of labour migration and the challenges associated
with its governance, the Sierra Leonean Ministry of Labour and Social Security, in
collaboration with other state agencies and social partners, formulated the National Labour
Migration Policy to articulate and guide the management of labour migration into and out of
Sierra Leone.

5
The overriding objective of the policy is to mainstream labour migration in the development
agenda by creating an enabling environment into which labour immigrants and emigrants can
make significant contribution to the development of the country. Specifically, the policy aims
to strengthen good governance of labour migration, promote the protection of migrants‟
rights and harness the contribution of Sierra Leone‟s emigrants and immigrants for national
development.

The intervention areas of the Labour Migration Policy are presented under three main
domains, namely good governance of labour migration; the protection of the rights of migrant
workers, and harnessing labour migration for development. In addition to these three
domains, labour migration data is discussed as a cross-cutting issue. Institutional
arrangements and an Action Plan for the implementation of the policy are also presented.

In terms of governance of labour migration process, the policy proposes strategies for
enhancing the legislative, institutional; regulatory; and international frameworks. With
reference to legislative framework, the policy proposes the development and implementation
of up-to-date and comprehensive legislative instruments that cover the mandate of state
institutions and societal actors responsible for the managing labour migration. Sierra Leone
should also take steps to ratify the international instruments on labour migration, especially
ILO Convention No. 97 on the Migration for Employment Convention (revised 1949) and
Convention No.143 on the Migrations in Abusive Conditions. The institutional framework
for labour migration governance can be strengthened through effective coordination and
enhancing the capacity of the various agencies responsible for labour migration management.
Sierra Leone will also need to adopt effective strategies for regulating the market for private
recruitment agencies, and protecting actual and potential migrant workers from abuses by
recruitment agencies and employers. The policy also proposes enhancement of international
cooperation though signing of bilateral agreements on labour migration and resolving
contradictions between domestic labour laws and international and regional protocols.
The labour migration policy also presents policy options for the protection and empowerment
of migrant workers and their families in Sierra Leone and host countries. . There is enough
evidence to suggest that some potential and actual migrant workers from Sierra Leone are
exploited and abused by recruitment agencies and employers in destination countries. In the
same way, some immigrant workers in Sierra Leone are also vulnerable to exploitation and
discrimination. A number of strategies were, therefore, suggested for protecting Sierra
Leonean emigrant and immigrant workers against abuses, malpractice and exploitation.
Strategies have also been proposed for combating trafficking in persons, child labour and
smuggling of migrants. In line with the rights-based approach to migration management, the
policy document also provides strategies for social security transferability for migrant
workers.
Additionally, the National Labour Migration Policy proposes strategies for leveraging labour
migration for development in Sierra. The state will design a framework and guidelines for
mainstreaming labour migration issues into the national policies and development plans. As a
way of mobilizing remittances for development, strategies have been proposed to reduce the
barriers to the transfer of remittances and promote remittances-led investments. Adopting
effective strategies for skills transfer from emigrants and immigrants will also go a long way
to enhance the developmental impacts of migration in Sierra Leone.

Given that lack of accurate and reliable data on migrants is a challenge to effective migration
management, the policy proposes strategies for setting up a comprehensive and functional
Labour Market and Migration Information System that will provide information on labour
migration trends. The information system will facilitate planning, support decision-making,
enable the monitoring and evaluation of national development planning and inform the
formulation of national policies and strategies in education, employment and migration.
6
ACRONYMS

ACP - Africa Caribbean Pacific

ADB - Africa Development Bank

AGMJ - Attorney General and Ministry of Justice

BDC - Bo District Council

BSL - Bank of Sierra Leone

CABSEC - Cabinet Secretariat

CBOs - Community Based Organisations

CSO - Civil Society Organisations

ECOWAS - Economic Community of West African States

EU - European Union

FCC - Freetown City Council

GIZ - German International Cooperation

HRDNTK - Human Rights Defenders Network

ICMPD - International Center for Migration Policy Development

ID - Immigration Department

ILO - International Labour Organization

IOM - International organization for Migration

KDC - Kenema District Council

MDC - Makeni District Council

MEST - Ministry of Education Science and Technology

MFAIC -Ministry of Foreign Affairs and International Cooperation

MIA - Ministry of Internal Affairs

MIC - Ministry of Information and Communication

MLGRD - Ministry of Local Government and Rural Development

MLSS - Ministry of Labour and Social Security

MoFED - Ministry of Finance and Economic Development

MOYA - Ministry of Youth Affairs

MPPA - Ministry of Political and Public Affairs

7
MSWGCA - Ministry of Social Welfare Gender and Children Affairs

MTI - Ministry of Trade and Industry

NAYCOM - National Youth Commissions

NaCSA - National Commission for Social Action

NSSN - National Social Safety Net

NASSIT - National Social Security Insurance Trust

NGOs - Non Governmental Organisations

ODA - Office of Diaspora Affairs

ONS - Office of National Security

PAD/US/E - Political Affairs Division US Embassy

PSC - Public Service Commission

PSRU - Public Sector Reform Unit

SLAA - Sierra Leone Airport Authority

SLCCA - Sierra Leone Chamber of Commerce and Agriculture

SLEF - Sierra Leone Employers‟ Federation

SLLC - Sierra Leone Labour Congress

SLMA - Sierra Leone Maritime Association

SLORA - Sierra Leone Overseas Recruitment Association

SLP - Sierra Leone Police

SLPPB - Sierra Leone Police Partnership Board

SLPS - Sierra Leone Postal Services

SPU - Strategy and Policy Unit

SSL - Statistics Sierra Leone

TOCU - Transnational Organised Crime Unit

TWC - Technical Working Committee

UNDP - United Nations Development Programme

UNODC - United Nation Office for Drugs and Crime

USL - University of Sierra Leone

WHI - World Hope International

8
1. INTRODUCTION

1.1. THE GLOBAL CONTEXT

In recent years, international migration flows have increased tremendously, as a result of


globalization, urbanization and geopolitical tensions. The global stock of international
migrants increased from 173 million in 2000 to 222 million in 2010 and then reached 244
million in 2015, representing 3.3 per cent of the world‟s population.1 A significant proportion
of international migrants are working in their host countries. According to the ILO, there
were 150.3 million migrant workers worldwide in 2013 out of 232 million migrants, with
55.7 per cent of them being males and 44.3 per cent being females. Thus, migrant workers
constitute about 1.5% of the world population. Globally, migrants have higher labour force
participation rate than non-migrants (72.7 per cent versus 63.9 per cent).2 The major
migrants‟ destination countries are the United States of America, Saudi Arabia, Germany, the
Russian Federation, the United Arab Emirates, United Kingdom, France, Canada, Spain, and
Australia. Although about 50 million Africans are living outside their home countries, intra-
Africa migration is far higher than migration between Africa and the rest of the world.

The developmental impact of international migration has been a source of debate in academic
and policy circles. While the negative impacts of migration, such as brain drain in migrant-
sending areas and pressure on social amenities in migrant-receiving areas, have historically
dominated the literature, recent scholarship has shown that labour migration can contribute to
socio-economic development in both migrant source regions and destinations. One positive
effect of migration is migrants‟ remittances which have promoted socio-economic
development and poverty reduction in developing countries. In 2015, global remittance flows
totaled about $601 billion, of which $441 billion went to developing countries. This amount
is about three times the amount of official development assistance.3 International migration
also benefits receiving countries through skills transfer, access to cheap labour, and exposure
to cultural diversity.

The large number of international migrants and their contribution to socio-economic


development demonstrate how crucial the management of international migration is,
especially in view of globalization, demographic shifts, income inequalities and climate
change that encourage movement of people across borders for employment and security. In
view of the potential for migration to promote socio-economic development, migration
management has now moved to the top of the global development agenda and this is
evidenced by its inclusion in the 2030 Development Agenda and the Sustainable
Development Goals (SDGS). Indeed, labour migration is one of the elements of international
migration governance, and the SDGs and the 2030 Development Agenda offer the first
international commitment with common monitoring tools and indicators on the different
migration-related dimensions. Migration governance is recognized as a key strategy to
achieve SDG goal 10 which is: “reduce inequality within and among countries”.
Migration governance has also been emphasised in the following targets of the SDG

1
United Nations, Department of Economic and Social Affairs, Population Division (2016).
International Migration Report 2015: Highlights (ST/ESA/SER.A/375).
2
ILO (2015). Global Estimates xv. Geneva: ILO
3
World Bank (2016). Migration and Remittances Factbook 2016, 3rd edtion. Washington, DC: World Bank

9
goal 10: (a) Target 10.7/SDG 10: “facilitate orderly, safe, regular and responsible migration
and mobility of people, including through the implementation of planned and well-managed
migration policies”; (b) Target 10.7.1/SDG 10: “recruitment cost borne by employee as a
proportion of yearly income earned in country of destination” and (c) target 10.7.2/SDG 10:
“number of countries that have implemented well-managed migration policies”

Governments at both ends of the migration spectrum are increasing their regulatory capacities
to manage labour migration for the mutual benefit of society, migrants and the state by
addressing the challenges that include governance, migrant workers‟ protection, migration
and development linkages and international cooperation. The development of labour
migration policy in Sierra Leone is therefore consistent with the global trend whereby many
governments are developing such policies to enhance the developmental outcomes of labour
migration.

1.2. REGIONAL PERSPECTIVE

Migration has, historically, been an integral part of life in many African countries, but the
volume of migrants has increased recently as a result of globalization, improved
transportation and urbanization. There are an estimated 31 million international migrants
originating from Africa, with 77 per cent of them moving intra-regionally. Migration in West
Africa follows this general pattern and is predominately intra-regional, with an estimated
90% of the region‟s 8.4 million migrants originating from within the Economic Community
of West African States (ECOWAS).4 While media discussions tend to create the impression
that there is a mass exodus from West Africa to the Global North, available data suggests that
84 per cent of migration movements in West Africa are directed towards another country in
the region, and this is about seven times greater than migration flows from West African
countries to other parts of the world.5 With the exception of Cape Verde, which mostly hosts
migrants from São Tomé and Principe, the migrants in many West African countries are
largely from other West African countries.6

A majority of these migrants are working in the informal sector of their host countries. In
view of the realization that intra-regional mobility of labour can go a long way to promote
development, the African Union (AU) and the Economic Community of West African States
(ECOWAS) have designed a number of policies and programmes to govern migration. At the

4
Abebe Shimeles (2010). Migration Patterns, Trends and Policy Issues in Africa. Working Paper No. 119.
African Development Bank Group.
https://www.afdb.org/fileadmin/uploads/afdb/Documents/Procurement/Project -related-
Procurement/WORKING%20119%20word%20document%20AA.PDF

5
Sahel and West African Club (SWAC) (2006), Organisation for Economic Co-operation and Development
(OECD), The Economic and Regional Context of West African Migrations,
http://www.oecd.org/migration/38481393.pdf, .
6
ICMPD/IOM (2014). A Survey on Migration Policies in West Africa,
https://www.icmpd.org/fileadmin/ICMPD-
Website/ICMPD_General/Publications/2015/A_Survey_on_Migration_Policies_in_West_Africa_EN_SOFT.pd
f

10
continental level, for instance, the AU Migration Policy Framework, designed in 2006,
provides guidelines to help governments in the formulation and implementation of national
policies on migration. The AU Declaration on Migration, made on 25 th June 2015, also
reaffirmed previous commitments aimed at accelerating mobility and integration on the
continent. The AU Declaration proposed a number of actions to facilitate mobility and
integration and this includes speeding up the implementation of continent-wide visa free
regimes; expediting the operationalization of the African Passport; establishing a harmonized
mechanism to facilitate the recognition of qualifications; and adopting strategies to combat
human trafficking and smuggling of migrants. Another initiative that sought to enhance the
developmental impacts of migration on the continent was the Joint Labour Migration
Programme (JLMP) which focused on supporting effective implementation of intra-regional
migration policies in order to promote development. Led by the African Union Commission
(AUC) and supported by the ILO, IOM and the UNECA, the programme developed strategies
to facilitate the accelerated implementation of the AU Migration Policy Framework.

At the sub-regional level, the Economic Community of West African States (ECOWAS) in
1979, adopted the Protocol on Free Movement of Persons, which entails „Free Entry, Right of
Residence and Establishment‟. The Free movement Protocol grants migrant workers the right
of residence in Member States “for the purpose of seeking and carrying out income earning
employment”, including the right to apply for jobs, to travel and reside in Member States to
take up employment, and to live in Member States after having been employed there.
ECOWAS migrant workers are also granted the right to equal treatment with nationals in
regard to employment security, re-employment in case of job loss, training and professional
education. Since the implementation of the ECOWAS protocol, a number of programmes and
policies have been adopted with the aim of facilitating intra-regional. For instance, the 2008
ECOWAS Common Approach on migration aims at facilitating intra-regional migration,
harmonizing migration-related policies, and protecting the most vulnerable migrants. Other
ECOWAS policies and programmes aimed at facilitating migration for work include the
ECOWAS General Convention on Social Security; ECOWAS Employment Policy; and
ECOWAS Convention on the Recognition and Equivalence of Degrees, Diplomas,
Certificates in Member States. The Sierra Leone Labour Migration policy is therefore partly
in response to the calls on ECOWAS countries to develop national level labour migration
policies that can facilitate intra-regional mobility of labour.

1.3. SIERRA LEONE CONTEXT

As in other West African countries, labour migration is an important livelihood strategy in


Sierra Leone. The migration of Sierra Leoneans abroad can be seen in three distinct waves.
The first wave, which occurred in the period preceding Sierra Leone‟s Independence in 1961,
entailed the international migration of a small number of Sierra Leoneans in search of better
education and training opportunities. The early emigrants ended up forming part of the
Diaspora constituents that struggled for independence. The Second wave occurred after
independence where young Sierra Leoneans migrated to Russia, United Kingdom, China, and
Libya, among others to acquire education in order to come back and fill up positions in the
government created by the new independent Nation. The Third wave, that constitutes
approximately 30% of the educated nationals, migrated for security and economic
opportunities as a result of falling living standards and the civil war (1991-2002).
11
To date, the number of Sierra Leoneans living abroad is estimated to be one (1) million and is
continuously on the rise. Although Sierra Leone is largely a migrant source country, it also
hosts many foreigners, who constitute about 1.81 percent of the population of the country,
97 percent of whom are of West African origin. The Sierra Leonean emigrants possess
immense human and capital resources that contribute to National Development. On the other
hand, immigrants in Sierra Leone also contribute to the socio-economic development of the
country. Despite the contributions of both Sierra Leonean emigrants and labour immigrants,
there are still many constraints which have inhibited the effective utilization of migrants‟
financial and human resource for the socio-economic development of Sierra Leone. These
constraints include lack of statutory provision for the establishment of institutional
frameworks for addressing labour migration and weak legislative and regulatory frameworks
for governing labour migration. Given the significant contributions of labour migration and
the challenges associated with its governance, the Sierra Leonean Ministry of Labour and
Social Security recognized the need to formulate a national labour migration policy to
articulate and guide the management of labour emigrants in other countries as well as labour
immigrants in Sierra Leone. The Ministry of Labour and Social Security is spearheading the
Sierra Leonean Labour Migration Policy to ensure that Migrant Workers play a key role in
the development of the country. While labour migration policies of some countries tend to
focus on emigrants, the Sierra Leonean policy focuses on both labour emigrants (i.e. Sierra
Leoneans living in other countries) and labour immigrants (other nationals living and
working in Sierra Leone.

2. STRATEGIC POLICY OBJECTIVES AND GUIDING PRINCIPLES

2.1 POLICY GOALS

1. To mainstream labour migration issues in National Development Policy.

2. To minimize the negative impacts and maximize the benefits of labour migration for
migrant workers and Sierra Leone as a whole.

3. To develop mechanisms for enhancing the protection of the human and labour rights
of migrant workers and their families.

2.2 STRATEGIC POLICY OBJECTIVES

The overriding objective of this Policy is to mainstream Labour Migration in the


development agenda by creating an enabling environment into which labour migrants can
make significant contribution to the development of the country. The policy therefore aims to
strengthen good governance of labour migration, promote the protection of migrants rights
and harness the contribution of Sierra Leone‟s emigrants and immigrants for national
development. Thus, this policy focuses on both emigration and immigration.

The strategic policy objectives are:

12
 To strengthen good governance and management of labour migration by reviewing
existing legislation and establishing the necessary institutional framework for the
effective coordination and administration of labour migration issues.

 To develop mechanisms for enhancing the protection and empowerment of migrant


workers and their families.

 To enhance mechanisms for harnessing and maximizing the developmental impacts


of labour migration.

2.3 GUIDING PRINCIPLES

The Labour Migration Policy of Sierra Leone is guided by many principles, which include
but are not limited to the following:

I. Acceding to, or, signing and ratifying international conventions and protocols for the
protection of migrant rights against abuse and exploitation that include: discrimination,
unfair treatment, mass expulsion and persecution. These rights are enshrined in various
conventions and protocols, which include: International conventions and protocols for
the protection of migrant rights, and on forced labour, social security. These include: ILO
Conventions that ensure protection of all workers and also promote their contribution to
development (Fundamental Principles and Rights at Work). Sierra Leone must ratify ILO
Conventions 97 (Migration for Employment Convention) and 143 (Migrant Workers
(Supplementary Provisions). Other international conventions and protocols that guided
the development of this policy include: the International Convention on the Protection of
the Rights of All Migrant Workers and members of their families; The 1951 Geneva
Convention and its additional protocol of 1967 on the status of refugees; International
Covenant on Civil and Political Rights; the International Covenant on Economic, Social
and Cultural Rights; the Convention on the Rights of the Child; the Convention on the
Elimination of All Forms of Discrimination Against Women; the Convention Against
Torture; and Convention against Transnational Organized Crime; United Nations
Protocol to Prevent, Suppress and Punish Trafficking in Persons, and the Protocol Against
the Smuggling of Migrants by Land, Sea and Air.

II. The United Nations General Assembly Resolution A/RES/70/1 of 25 September 2015 on
the adoption of the 2030 Agenda for Sustainable Development. This resolution provides a
mainstreamed link between migration and sustainable development;

III. Regional and sub-regional protocols and conventions on migration and development
which include: the principles of the 2006 African Union Migration Policy Framework for
Africa; The political dialogue between EU and ACP countries as set out in Articles 8 and
13 of the Cotonou Agreement of June 2000; The Rabat Action Plan and Declaration of
July 2006; AU 2015 Declaration on Migration; The ECOWAS general Convention on
Social Security; The ECOWAS Free Movement Protocol; the 2008 Common Approach
on Migration of the Economic Community of West African States (ECOWAS), the 2015
Valletta Plan of Action.

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2.4. THE POLICY PROCESS

In order to achieve policy coherence and ownership, the development of the National Labour
Migration Policy involved a systematic collaborative and consultative process beginning with a
comprehensive situational analysis of labour migration management in Sierra Leone in 2012.

Based on the report of the validated report of the situational analysis, the Ministry of Labour
and Social Security in collaboration with other stakeholders (ministries, departments,
agencies, social partners and civil society) produced a first draft of the National Labour
Migration Policy for Sierra Leone. In 2016, the first draft of the policy was reviewed by a
labour migration expert who suggested further revisions in certain areas of the draft policy.

Based on the assessment report which was validated by stakeholders at a workshop, the
Ministry of Labour and Social Security worked with other stakeholders (i.e. ministries,
departments, agencies, social partners and civil society) to produce subsequent drafts of the
Labour Migration Policy. The final draft benefited from discussions during national level
consultative meetings and comments given by migration experts of the ILO, IOM,
ECOWAS, ICMPD and CMS. A technical validation workshop was organized to validate the
final draft policy after which it was submitted to the cabinet for consideration for approval.

3 INTERVENTION AREAS IN THE FIELD OF LABOUR MIGRATION

This section presents the policy objectives and strategies for handling specific labour
migration concerns in Sierra Leone. Largely based on the ILO Multilateral Framework, the
policy objectives and strategies of the Labour Migration Policy of Sierra Leone are presented
under three main domains, namely governance of labour migration; the protection of the
rights of migrant workers, and migration and development. In addition to these three
domains, labour migration data is discussed as a cross-cutting labour migration issue. The
strategies proposed here cover labour migration in the context of both inward and outward
mobility. Each intervention area has specific policy goals and implementation strategies
(which represent the policy proposals).

3.1 GOVERNANCE OF THE LABOUR MIGRATION PROCESS

Good governance is very important in process of regulating the labour migration. Governance
entails effective institutions, transparent regulations, protection of human rights, and
promoting wider participation in the formulation and implementation of policies. Good
Governance of labour migration encompasses transparent regulations, consultative and
participatory policy processes, effective institutions, and rules that serve the aspirations of
potential and actual migrant workers in line with international standards. An effective labour
migration governance system is expected to promote safe and orderly migration by ensuring
efficient, transparent, cheap, and timely emigration and immigration procedures. A good
labour migration governance system is also expected to promote effective institutional
frameworks, policy coherence, availability of migration data and the protection of migrants‟
rights. Effective labour migration governance involves interaction among state institutions,
the social partners (i.e. workers‟ organizations, employers‟ organizations), non-governmental
organizations and international actors. Good governance of labour migration also involves
ratification of international instruments, inter-state collaboration or agreements and
involvement in multi-lateral processes. Collaboration between both destination and origin
countries is an integral part of labour migration governance. Destination and origin countries
can opt to establish bilateral agreements on labour migration setting forth, inter alia,
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conditions for mobility and labour circulation for migrants and their families, recruitment,
vocational and professional training, protection of migrant workers and transfer of benefits
and capital. Destination countries should are expected to develop policies and mechanisms to
attract relevant migrant workforce. Conversely, origin countries are expected to put in place
mechanisms to minimize negative effects of emigration while maximizing the developmental
impacts of the process. In policy circles, the labour migration governance system is often
divided into four broad areas namely legislative, institutional, regulatory and international
frameworks.

An assessment of the existing labour migration governance system of Sierra Leone shows
that there are challenges in all these areas or domains of labour migration governance. In the
sections that follow, therefore, the challenges associated with the governance of labour
migration and the proposed strategies for dealing with such challenges are discussed under
these four broad themes, namely; legislative framework; institutional framework and
operational capacity; regulatory framework; and regional and international framework.

3.1.1. Legislative Framework

It is generally acknowledged that an effective legislative framework is needed for effective


labour migration governance. The Country has ratified thirty-five ILO Conventions,
including those that make up the ILO‟s Fundamental Principles and Rights at Work. Sierra
Leone has not ratified other human rights instruments of relevance to the protection of
migrant workers, such as the Migration for Employment Convention, 1949 (Revised) (No.
97), the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) and
Private Employment Agencies Convention, 1997 (No. 181) as well as their accompanying
Recommendations. Ratification and implementation of these conventions will be very
important in the governance of labour migration.

Apart from ratification of international conventions, the formulation and implementation of


national level migration policy is key to migration governance. However, Sierra Leone has
never had any comprehensive national labour migration policy to govern labour migration
from and into the country. As a result, a few legislative instruments are relied upon to
regulate immigration and other related issues.

Entry, stay and residence of migrant workers in Sierra are regulated by the Non‐Citizens
(Registration, Immigration and Expulsion) Act of 1965 and the General Law (Business Start‐
up) Amendment Act of 2007. The Sierra Leonean Citizenship Act of 1973 as amended in
2006 is also relied upon to regulate citizenship and nationality issues. While the Refugees
Protection Act (2007) provides a framework for the protection of refugees, the Anti-Human
Trafficking Act (2005) facilitates the prosecution of traffickers, protection of victims and
prevention of trafficking.

A major challenge in the application of these laws to regulate labour migration is the fact that
these legislative instruments do not cover some labour migration issues. Recent assessments‟
carried out by IOM and ICMPD/IOM showed that there are several gaps in the current
legislation instruments for regulating labour migration in Sierra Leone. For instance, the
Non-Citizens Act of 1965, which is the main legislative instrument on labour migration, only
regulates entry, stay and residence of foreign nationals in Sierra Leone. This legislative
instrument merely makes provisions related to border control, public order and security. It
does not make any provision to govern the processing of residence permit and family

15
reunification. The General Law (Business Start‐up) Amendment Act of 2007 contains most
regulations that are applied to regulate labour migration. This is relied upon to grant
residence and work permits. However, the 2007 Act does not provide detailed information on
the conditions for granting residence permit. It also does not provide clear regulations for
exemptions, annulment and revocation of work permit. Additionally, the current procedures
for the acquisition of residential permits and work permits are quite complex as the applicants
need to provide several documents including hospital record and police report which some
immigrants find difficult to provide. There are also no clear guidelines to ensure that
applications for work permits are processed on time. Such delays and complex work permit
application procedures affect the inflow of highly skilled labour. There is therefore the need
to make residential and work permit acquisitions much easier. Operating standards governing
consular services provided to Sierra Leonean emigrants in destination countries are also not
well streamlined. There is also no comprehensive legislation to regulate the activities of
private labour recruitment agencies. Additionally, there are lacunae of legal and regulatory
frameworks, in terms of articulating the state‟s actual policy on labour migration. This makes
it difficult to effectively protect the rights of migrant workers and their families. Against this
background, the government of Sierra Leone recognizes the need for an efficient legal
framework for regulating both labour emigration and immigration.

3. 1.1.1 Policy Objectives

The specific objectives are:

 To enhance the legislative framework for governing inward and outward labour
migration.

 To facilitate the inflow of skilled migrants by making visa, residential permit and
work permit application processes easier.

 To ensure that legislative instruments on labour migration are comprehensive and


cover the mandates of various state institutions and societal actors responsible for the
managing labour migration.

 To ensure that legislative instruments for governing labour migration are updated
regularly.

3.1.1.2 Implementation Strategies

 Ratify the international instruments on labour migration, especially ILO Convention


No. 97 on the Migration for Employment Convention (revised 1949) and Convention
No.143 on the Migrations in Abusive Conditions and the promotion of Equality of
Opportunity and Treatment of Migrant Workers Convention 1975.

 Amend existing national legislative instruments on inward and outward labour


migration in line with international Standards.

 Establish and streamline operating standards to govern consular services provided to


Sierra Leonean emigrants in destination countries and immigrants in Sierra Leone.

16
 Simplify the requirements for the acquisition of entry visa, residence permit and work
permit by foreigners in Sierra Leone.

 Regularly review and update legislative instruments and policies on labour migration
in Sierra Leone.

 Develop legal instruments to regulate the functioning of private recruitment agencies.

 Involve all stakeholders (i.e both state and societal actors) in the formulation of
legislative instruments and policies on labour migration governance.

3.1. 2. Institutional Framework and Operational Capacity

The outcomes of Labour Migration Policy depend on the institutional framework and
capacity of the organisations in charge of policy implementation. On the other hand, the
institutional framework is subject to changes in the legislation. In Sierra Leone, various
aspects of labour migration management (i.e governance, protection of migrants‟ rights and
enhancing the development outcomes of migration) are jointly performed by different
departments within the Ministry of Labour and Social Security (MLSS) and other state
departments/agencies as well as social partners. For instance, the Ministry of Foreign Affairs,
the Immigration Department, the Ministry of the Interior, Ministry of Labour and Social
Security, and recruitment agencies are required to work together in managing labour
migration flows from and into the country. Similarly, the management of migration and
development is a joint responsibility of the Office of the Diaspora, Foreign Affairs, Ministry
of Finance and Economic Development and the Sierra Leonean diplomatic missions. While
the principles of good governance prescribe effective collaboration among all these
stakeholders, there is a lack of policy and institutional coherence between, among and within
the various state and non-state agencies dealing with labour migration management.

A recent assessment commissioned by ICMPD shows that the processes for coordination and
information sharing between and among departments and units of MLSS are not adequately
formalized. The assessment also shows that collaborative networks between the MLSS and
other key state agencies are still evolving and not consolidated. The weak collaboration is
attributed to resource constraints. Another challenge to effective collaboration is the fact that
there is some level of mistrust between officials of different ministries. Given the high level
of resource scarcity in the Sierra Leonean public sector, each ministry/agency wants to be in
charge of policy issues in its domain. Experience from other countries shows that labour
migration programmes are more effective where inter-ministerial working groups meet
regularly to share ideas and work together. However, until recently when representatives of
different ministries have been brought together to work on the labour migration and national
migration policies, various ministries perform their functions without comprehensive
collaboration.

Some key migration-related functions are fragmented across several ministries. For instance,
the immigration department of MLSS and Ministry of Interior perform related functions as
far as registration of immigrants is concerned (e.g. issuance of travel documents and permits).
This situation causes delays in the acquisition of work permits by immigrants. The sharing of

17
responsibilities across various departments/units has also partly contributed to overlapping
roles. In addition to the weak collaboration, there is a general lack of resources to enforce the
existing institutional, legislative, and regulatory frameworks. Financial resource scarcity is a
major challenge to effective labour migration governance by the MLSS. The central
government‟s budgetary support to the MLSS is always woefully inadequate. Many of the
programmes in the area of migration governance are quite poorly implemented because of
lack of funds. Inadequate resources particularly affect border management and causes delays
in the processing of migrants across its key borders. A recent ICMPD commissioned
assessment shows that a majority of the staff of the MLSS lacks appropriate skills to perform
the tasks assigned to them because the organisation does not have a functional staff
development and training programme. Similarly, Sierra Leonean missions abroad also lack
resources to effectively provide services to Sierra Leonean emigrants.

3.1.2. 1. Policy Objectives

The specific objectives are:

 To enhance the institutional framework for regulating labour migration and ensure
that roles performed by different agencies and organizations are clear and not
overlapping.

 To enhance the financial and technical capacity of state departments, agencies and
institutions regulating labour migration in order to ensure that labour migration takes
place in conditions of dignity and security.

 To promote policy and institutional coherence in the field of labour migration


management in Sierra Leone.

 To ensure effective collaboration among state and societal actors involved in labour
migration governance and the protection of migrants‟ rights.

3.1.2.2. Implementation Strategies

 Prioritize labour migration issues in national development policy-making and


budgetary allocations.

 Clearly define the roles of all the state departments and agencies responsible for
labour migration management in Sierra Leone.

 Provideregular training in Labour Migration governance to staff of state


agencies/institutions and social partners involved in labour migration management.

 Provide more equipment and other logistical support to state organizations responsible
for labour migration management

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 Formalize the processes for coordination and information sharing between and among
departments and units of MLSS and organize consultative discussions on labour
migration management more regularly.

 Ensure that existing labour migration management platforms for inter-ministerial


dialogue are working efficiently by allocating funds for organizing consultative
meetings.

 Establish a one-stop-office that deals with key migration-related functions that are
fragmented across several ministries and to provide streamlined services to migrant
workers in Sierra Leone (e.g. registration and work permit issues).

 Enhance institutional and operational capacity of Sierra Leonean missions to support


and protect the rights of emigrants by clearly defining the mandates of these
missions, assigning them labour attaches, training staff, and providing sufficient
budget for such functions.

3.1.3. Regulatory Framework

While it is generally acknowledged that comprehensive regulations are necessary for the
governance of the labour migration processes as well as the protection and reintegration of
migrant workers, the current regulatory framework for governing both inward and outward
labour migration in Sierra Leone is quite weak. Frameworks for regulating the immigration
of skilled labour into specific sectors of the economy are not effective. There are no
comprehensive labour market surveys and market analysis to ascertain the demand for skilled
workers as a basis for a framework to change the profile of immigrant workers. On the other
hand, there is no effective framework for enhancing the skills of potential migrants and
facilitating their migration to countries that require their services. Most of the potential and
actual migrant workers lack information about job opportunities in other countries,
particularly when they leave Sierra Leone for the first time in search for employment abroad.

A number of registered private recruitment agencies have emerged quite recently and they are
recruiting young people for work abroad. Apart from these legally operating businesses,
there is a parallel world of semi-legal or outright criminal recruiters, often linked to
smuggling or trafficking networks. Indeed, there are several unregulated agencies involved in
the recruitment of Sierra Leoneans for work in Asia, in particular. As a result of the existence
of unlicensed and or unregulated recruitment agencies, there have been reports of Sierra
Leoneans stranded in some areas in the Middle East and Libya. The risks and dangers
associated with the recruitment through private agencies and informal networks include
paying of exorbitant fees, debt bondage, producing of fake visas, seizing of travel documents,
dishonesty with regard to the nature and conditions of employment, unsecure contracts and
trafficking in person. These forms of exploitation are a result of the inability of the state to
regulate private recruitment agencies and place Sierra Leonean migrants, particularly the low-
skilled, in a considerably vulnerable situation
Research has shown that where channels for legal migration are limited, migrant workers
tend to depend on illegitimate recruiters or their own social networks. The Sierra Leonean
government is therefore committed to promoting legal migration, regulating the market for
private recruitment agencies, and protecting actual and potential migrant workers from abuses
by recruitment agencies. The Sierra Leonean government shall work with other stakeholders
to develop comprehensive regulations to govern the labour migration process. The State shall
also strengthen tripartism and involve social partners in preparing the regulatory framework
relating to labour migration.

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3.1.3.1. Policy Objectives

The specific objectives are:

 To enhance the regulatory framework for governing labour migration from and into
Sierra Leone in line with international standards.

 To promote overseas employment opportunities for Sierra Leoneans while


safeguarding the rights of migrant workers.

 To promote regular migration and minimize migrants smuggling and trafficking in


persons from Sierra Leone.

 To regulate the recruitment industry, promote transparent recruitment and ensure that
private employment agencies do not exploit and abuse potential and actual migrant
workers.

 To standardize procedures and documents required from potential migrants who want
to use the services of private employment agencies.

3.1.3.2 Implementation Strategies

 Ratify Private Employment Agencies Convention, 1997 (No. 181)

 Collaborate with tripartite constituencies, CSOs and private recruitment agencies to


draft comprehensive regulations covering the mandates of organizations responsible
for the administration of labour migration, recruitment placement, protection and
reintegration of migrant workers.

 Set up of Migrant Resource Centres (MRCs) in Sierra Leone to provide tailored


information and orientation to potential emigrants, returned migrants and immigrants
on migration channels, safe migration, recruitment processes, pre-departure issues (
e.g the rights of migrants, terms of employment contract, and general living
conditions in the destination country), alternatives to unfeasible migratory projects,
filling of job vacancies abroad or for job vacancies in Sierra Leone (for immigrants),
consequences of migration, requirements for re-engagement (for return migrants),
responsibilities of recruitment agencies and penalties, human trafficking and
xenophobia, among others.

 Regulate the Sierra Leonean recruitment industry through administrative procedures,


licensing schemes, codes of conduct, monitoring and penal provisions to address
offences by recruitment agencies, including withdrawal of recruitment and placement
licenses in cases of violations, and requirements for insurance bonds to be used to
offer monetary compensation to migrant workers when a private recruitment agency
fails to meet its obligations.

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 Develop detailed guidelines for recruitment agencies on their responsibilities,
penalties for violation of the rights of migrants, recruitment procedures,
documentation and fees to be requested from potential migrant workers.

 Ensure that diplomatic/consular missions have standards that allow for the critical
review and assessment of partnering recruitment agents and commercial employers
hiring Sierra Leonean nationals.

 Issue regulation prohibiting retention of documents belonging to migrant workers.

3.1.4. International and Regional Collaboration

Given that no single country has all the resources needed to govern migration flows, a key
component of labour migration governance is international cooperation through the
ratification of international and regional instruments, treaties and laws, and signing of
bilateral agreements on labour migration (IOM/The Economist Intelligent Unit, 2016). Sierra
Leone has ratified a number of human rights treaties including: The International Covenant
on Civil and Political Rights (ICCPR); the International Covenant on Economic, Social and
Cultural Rights (ICESCR); the Convention on the Elimination of All Forms of
Discrimination Against Women; the Convention on the Rights of the Child; the United
Nations Convention Against Transnational Organized Crime (2000) and two of its Protocols
on Trafficking in Persons and Smuggling of Migrants. Apart from these global conventions,
Sierra Leone is bound by the ECOWAS Treaty (1975) and subsequent protocols regarding
free movement of persons, residence and establishment. In many cases, however, the country
has not been able to effectively implement all these conventions. In a few cases, there are
contradictions between international protocols and national laws. For instance, while the
ECOWAS free movement protocol prescribes equal treatment for all ECOWAS citizens,
Sierra Leone‟s work permit regulations suggest that work permits should only be given to
foreigner in situations where no national possesses the skills required to fill that position.

Sierra Leone has also signed but not ratified the Convention on the Protection of the Rights of
all Migrant Workers and Members of Their Families (1990). Bilateral agreements on labour
migration are important for protecting migrants, it is only recently that Sierra Leone has
initiated the development of bilateral agreements with very few destination countries in Asia.

3.1.4.1 Policy Objectives

The specific objectives are:

 To enhance regional and international cooperation on labour migration management.


 To promote effective implementation and compliance with international and regional
conventions ratified by Sierra Leone especially conventions on the which are relevant
to the protection of the rights of migrant workers and their families.

 To improve bilateral relations on specific labour migration issues, such as the


protection of migrants rights and social security.

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3.1.4.2 Implementation Strategies

 Strengthen state agencies responsible for implementing ratified international


conventions on labour migration and set measureable achievement targets for them.

 Ensure that contradictions between domestic labour laws and ratified international and
regional protocols are resolved.

 Continue to participate in regional and international fora on labour migration.

 Relying on regional and international instruments on labour migration , enter into bi-
lateral labour agreements with the major labour sending and receiving countries
within West Africa, Africa and other countries.

3.2. PROTECTION AND EMPOWERMENT OF MIGRANT WORKERS AND


THEIR FAMILIES

The protection of the human rights of migrant workers is a key aspect of labour migration
management. Consequently, a number of international instruments have been formulated to
protect these rights. Indeed, the protection of the human rights of migrant workers is
stipulated in the Preamble to the Constitution of the International Labour Organization (ILO)
of 1919, and in the Declaration of Philadelphia of 1944. Special attention is also devoted to
migrant workers‟ rights in the ILO Declaration on Fundamental Principles. The UN system
also has a large number of international instruments which provide guidelines for the
regulation of international migration and standards for human and labour rights. If effectively
implemented, these instruments can protect all human beings regardless of their nationality
and migration status. Therefore, migrant workers are generally entitled to the same human
rights as citizens. The protection of migrant workers‟ rights is not only a matter of
fundamental principles. All international labour standards in areas of social security,
maternity protection, employment policy, private and public employment agencies,
occupational safety and health, conditions of work, protection of wages and labour
inspection, as well as those covering sectors employing a large number of migrant workers
are equally important to the promotion of decent work for all migrant workers.

Despite the existence of these international conventions, there is enough evidence to suggest
that some potential and actual migrant workers from Sierra Leone are exploited and abused
by recruitment agencies and employers. Similarly, some immigrant workers in Sierra Leone
are also vulnerable to exploitation and discrimination. Migrants also need protection against
trafficking in person and smuggling. This policy document therefore prescribes strategies for
protecting both potential and actual migrant workers in destination countries and Sierra
Leone. In line with the rights-based approach to migration management, the policy document
also provides strategies for social security transferability for migrant workers.

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3.2.1 Protection of Immigrant Workers and their Families in Sierra Leone

While Sierra Leone is largely a migrant source country, it also hosts several migrant workers,
of which 97 percent are from the West African sub-region. Most of these migrants are low-
skilled and work in the informal sector, while a few work for multinational companies and
the government. The government of Sierra Leone recognizes the vulnerability of the low-
skilled immigrant workers and their families to exploitation, abuse and discrimination. Such
exploitation and abuse of immigrants is particularly pervasive among migrants working in the
informal sector, which is poorly regulated. West African immigrants working in the mining
sector in rural areas of Sierra Leone are also vulnerable to exploitation and abuse as some of
them do not have the required permit. The labour admission policy of the country may also
not be favourable to certain categories of migrants. Additionally, access to basic services
such as healthcare may not be available to low-skilled immigrants who live in the slums.
Low-skilled migrant workers are also more likely to be harassed by security agencies when
crossing the country‟s borders. Highly skilled migrants can also be attacked by local people
due to xenophobia. Based on the provisions of the ratified International Convention on the
Protection of the Rights of All Migrant Workers and their Families, the state is committed to
adopting mechanisms to prevent abusive practices against migrant workers and to ensure that
they work in conditions of freedom, security and human dignity.

The state will also ensure that migrant workers and their families receive effective protection
against human and labour rights violations, violence, threats, intimidation, xenophobia and
discrimination. The state will also enhance migrants‟ access to the courts (including labour
courts or tribunals) so that they can seek redress for abuses in the country of employment.
The Government of Sierra Leone will also extend its social protection benefits to cover
vulnerable migrants in the country. Such measures will include cash and in-kind transfers,
social insurance schemes and public work programmes.

3.2.1.1 Policy objectives

The specific objectives are:

 To offer protection to migrant workers and their families in Sierra Leone against
exploitation, discrimination, xenophobia and abuse by employers and citizens.

 To ensure peaceful coexistence of host communities and migrant workers.

 To promote socio-economic, cultural and political integration of migrants in Sierra


Leone

 To promote the well-being of migrant workers in Sierra Leone and encourage the
payment of decent wages.

 To develop an enhanced and credible labour admissions policy that will contribute to
skills transfer to Sierra Leone.

 To provide social support and care services to vulnerable migrant workers and their
families.

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3.2.1.2 Implementation Strategies

 Review and revise national legislation regarding the rights of migrant workers in
order to ensure its conformity with international standards and implement policies that
will ensure equity and non-discrimination of migrants.

 Establish working relationships with the business and industry sector to promote
greater understanding of their human rights obligations, including their responsibility
to respect the rights of migrant workers and the need to consider issues of gender,
vulnerability and the specific challenges that may be faced by migrant workers and
their families.

 Strengthen the role and the number of labour inspectors and conduct regular labour
inspections in sectors and workplaces where migrants are employed and ensure that
they are being treated in line with international standards.

 Establish mechanisms to prevent exploitation of migrant workers in the workplace


and reduce racial discrimination and xenophobia by educating the public about the
negative effects of Xenophobic violence and using the legal system to deal with
citizens that engage in Xenophobic violence.

 Ensure affordable access to health care and other basic services by vulnerable
migrants.

 Organize training programmes for state officials (i.e. border management officia ls;
police etc) on rights of migrants and how to protect these rights.
.
 Organize programmes that will help educate newly arrived immigrants on the cultures
of Sierra Leone and public behaviour that are considered alien to the society and
create specific migrant integration services within the public administration.

.
 Enforce policy on minimum wages for all categories of migrant workers.

 Establish and implement a Complaints Mechanism to address the short comings,


abuses and rights violations within the labour migration process, and empower
relevant institutions to resolve complaints by issuing legally enforceable orders to the
parties involved, through mediation or by seeking redress on behalf of complaints
through courts.

 Offer adequate protection to migrants in detention centers by undertaking visits to


places of detention and investigating complaints of torture, ill-treatment or human
rights violations in prisons.

24
 Foster cordial relationship between migrant workers and local people by organizing
campaigns to highlight the positive contribution of migrant workers and to change the
unfavorable image of migrant workers.

3.2.2. Protection of Sierra Leonean Migrant Workers and their Families in Countries
of Employment

There is enough evidence to suggest that the rights of some Sierra Leonean emigrants and
potential emigrants are increasingly abused by their recruiters and employers. Migrant
workers from Sierra Leone face different challenges at different stages of migration, namely
pre-departure (from decision-making to preparation for migration); in-service (workers in
employment at the destination) and return and reintegration. As a result of the lack of
reliable information about migrating for employment, some low-skilled migrants tend to take
the decision to migrate without considering its adverse implications for personal and family
interests. Migrants and potential migrants are also exploited and abused during the
recruitment process which usually takes places through private recruitment agencies and
informal networks.

In the countries of Employment in Europe, North America and Asia, Sierra Leonean
emigrants who lack appropriate travel documents and work permits take up menial jobs that
are associated with absence of written contracts, low wages, long working hours, and lack
social protection. In the event of deportation, these irregular migrants generally do not have
access to accrued savings and their personal belongings...

Recognizing the various challenges faced by potential and actual migrants, the Sierra
Leonean government is committed to protecting and empowering migrant workers and their
families in all three stages of the migration process namely pre-departure, in-service and
return and reintegration. The government shall work with the governments of host countries
to prevent exploitation and promote decent and productive work for migrants in conditions of
freedom, security and human dignity. The government also recognizes the need to empower
Sierra Leonean missions to offer effective protection to emigrants. Until recently, the role of
consular authorities regarding services to emigrants and protection of Sierra Leonean citizens
used to be mostly limited to ensuring the availability of travel and identification documents –
and to providing assistance in the event of their detention or deportation. The state will
enhance the capacity of the missions abroad to offer effective protection to Sierra Leonean
emigrants against abuse and exploitation.

3.2.2.1. Policy Objectives

The specific objectives are:

 To promote decent and productive work for Sierra Leonean emigrants in conditions of
freedom, security and human dignity.

 To equip departing migrants with reliable and accurate information regarding their
employment and life abroad, return and reintegration.

 To offer protection to Sierra Leonean potential and actual migrant workers and their
families abroad against exploitation and abuse by employers and recruitment
agencies.

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 To provide social support and care services to vulnerable Sierra Leonean emigrant
workers and their families.

 To provide counseling and support services to migrants who return to prepare them
for adjustment and reintegration.

3.2.2.2. Implementation Strategies

 Use effective mass communication channels and strategies (e.g. radio programmes,
TV documentaries, printed materials, posters, billboards) to educate potential
migrants on the rights of migrants in host countries, consequences of irregular
migration, activities of illegal recruitment agencies, employment and life abroad,
return and reintegration.

 Work with Sierra Leonean missions to design social protection programmes for
vulnerable Sierra Leonean emigrants and their families.

 Empower migrant workers through the formation of migrants associations and


diaspora groups to enable their voices to be clearly heard and taken account of in
policy development.

 Ensure that bilateral labour migration agreements between Sierra Leone and labour
receiving countries focus on decent working conditions, social security, mechanisms
for lodging complaints about violation of migrants‟ rights

 Establish returnee counselling services to address the peculiar needs of return


migrants to facilitate their smooth readmission and reintegration back home;

 Enhance the resource and technical capacity of Sierra Leonean embassies and their
personnel to play a key role in the protection of migrant workers, as well as in the
promotion of their welfare.

 Establish mechanisms for the safe repatriation for all workers in need, especially
under emergency situations due to serious health issues and grave safety and security
issues.

 Put measures in place to ensure that the return and reintegration of migrants‟ workers
and their family take place with full protection of rights and freedoms, upholding of
human dignity with access to resource and opportunities.

 Increase visibility and awareness of services provided by missions and consulates for
migrant workers.

 Consider offering dispute resolution services, either through the Embassies or trusted
organizations in the host countries.

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 Ensure that missions conduct regular visits to the detention centres to monitor the
status of nationals who have been detained.

 Provide adequate accommodation for migrant workers who leave their worksites due
to abuse and assist them to seek redress.

 Assign 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

3.2.3 Combating Trafficking in Persons, Child Labour and Smuggling of Migrants

As in many other African countries, trafficking in persons (TIP) and migrant smuggling
(SOM) are prevalent in Sierra Leone. Indeed, Sierra Leone has been recognized as country of
origin, transit, and destination of human trafficking for the purposes of sexual exploitation,
and forced labour. There is also growing concern over child trafficking and child labour in
the country. Child labour is work performed by a person below the age of 18 years, which
deprives him/her of basic rights, interferes in the education of the child, is abusive,
hazardous, exploitative and is harmful to the health, safety, morals and total development of
the child. Children are usually trafficked from the rural areas of Sierra Leone to urban areas
and from both rural and urban to mining sites in provincial areas. Trafficked children are also
more likely to engage in child labour in fishing and mining communities as well as urban
informal sectors. In other to deal with trafficking in persons and child labour, Sierra Leone
has ratified in 2014 a number of international protocols, including the United Nations
Convention against Transnational Organized Crime and its supplementing Protocols; namely
the Protocol to Prevent, Suppress and Punish Trafficking in Persons; and Protocol against the
Smuggling of Migrants by Land, Sea and Air. The Sierra Leonean Labour law also made
provisions against child labour/trafficking. Sierra Leone also enacted the Anti- Human
Trafficking Act, 2005 while other useful provisions on trafficking are founded in the Childs
Right Act, 2007 and Sexual Offences Act of 2012. The Ministry of Labour and Social
Security is a member of the inter-ministerial committee responsible for coordinating and
implementing relevant legislations on combating trafficking. There is a National Task Force
on Human Trafficking operating as one of the structures coordinating anti-trafficking efforts
based on the 2005 Anti-Human Trafficking Act. The task force encompasses relevant
ministerial department and social partners. The secretariat of the Taskforce is ensured by
Ministry of Social Welfare Gender and Children‟s Affairs Despite the adoption of these
legislative instruments, trafficking in persons is still pervasive in Sierra Leone.

Migrant smuggling is also another form of irregular migration that is pervasive in Sierra
Leone. In contrast with trafficking in persons, smuggled persons usually voluntarily request
assistance from smugglers to enter illegally into another country where they have no right of
residence. In reality, there is a very thin line between trafficking in persons and smuggling of
migrants as smugglers sometimes present opportunities to individuals willing to be smuggled
and end up exploiting them. This means that some trafficking cases often start as just
Smuggling contract but the reverse is often the case at both transit and destination countries.
A number of young persons from Sierra Leone have been smuggled through the Sahara desert
to Europe. Most of these smuggled migrants often find themselves in situations of extreme
vulnerability. This National Labour Migration Policy seeks to support the elimination of
trafficking in persons and smuggling of migrants through public awareness creation and
enhancing the capacity of law enforcement agencies.
27
3.2.3.1. Policy Objectives

The specific objectives are:

 To eliminate human trafficking in persons, child labour, and smuggling of


migrants through public education and enhancing the capacity of relevant state
institutions and social partners responsible for combating trafficking in persons
and smuggling of migrants.

 To protect vulnerable groups, especially children and women against trafficking


and smuggling.

 To rescue, rehabilitate and reintegrate victims of trafficking in persons.

 To prosecute perpetrators of trafficking in persons and smuggling of migrants.

3.2.3.2. Implementation Strategies

 Enhance the technical and financial capacity of relevant law-enforcement


agencies, Ministries and Departments to prevent, curtail and prosecute migrant
smugglers and traffickers.

 Establish and enhance systems for data collection regarding trafficking in persons,
child labour and smuggling of migrants.

 Develop legislation on migrant smuggling to complement the 2005 Anti-Human


Trafficking Act through joint Action of the National Task Force on Human
Trafficking.

 Collaborate with countries of origin, transit and destination to combat migrant


smuggling and trafficking in persons.

 Prosecute perpetrators of human trafficking and dismantle trafficking syndicates.

 Review legislation to ensure sanctions against TIP and SOM, such as confiscation
of profits and assets.

 Establish scheme to ensure victims‟ access to existing compensation and demand


for compensation and damages from perpetrators, including unpaid wages.

 Conduct more researches and collect more data on human trafficking to establish a
national human trafficking database.

28
 Increase knowledge and information sharing on TIP and SOM to reduce the
vulnerability of citizens to TIP and SOM
 Enhance the technical capacity of institutions and actors responsible for the
enforcement of national legislation and implementation of National Action Plan.

3.2.4. Portability of Social Security Rights

Social security contributions are very important for the survival of all workers and their
families upon retirement. Migrant workers tend to contribute to the various social security
schemes in their employment countries, but some of them who return to their countries of
origin before their retirement face particular challenges in accessing their social security
benefits. This is particularly so in countries which do not export benefits to other countries
unless there are bilateral agreements.

At the moment, many Sierra Leoneans who return home before retirement face challenges in
receiving social security benefits because of lack of bilateral agreements between Sierra
Leone and the host countries that would facilitate the transfer of their social security savings
to Sierra Leone. In most cases, low skilled return migrants are not able to go back to their
former host countries to request for their social security benefits because of strict visa
regimes. Portability of Social security rights refers to the migrant worker‟s ability to
“preserve, maintain and transfer acquired social security rights independent of nationality and
country of residence. The administrative procedures associated with portability mainly refer
to the totalization of periods of insurance in the host and the home country to determine the
migrant worker‟s pension benefits in both countries, the export of benefits, and in some cases
the transfers between public health care authorities in both countries to guarantee continued
health coverage for migrants.

Some countries have bilateral arrangement for social security portability, thus, it is a good
practice for the Government of Sierra Leone to negotiate social security portability
agreements with major destination countries so that Sierra Leoneans working in those
countries would be able to access their social security benefits even if they return to Sierra
Leone before attaining their retirement age. The programme will also encourage Sierra
Leonean professionals living abroad to return home willingly to contribute their quota to
socio-economic development, as potential loss of social security benefits is one reason why
some highly-skilled migrants are reluctant to return home. There is also the need for the
development of social security programmes that will allow Sierra Leoneans living in other
countries to be able to register for social security schemes in Sierra Leone. This will
particularly be useful for Sierra Leoneans working in the informal sector of African countries,
as most of these people are not covered by any social security scheme in those countries.

3.2.4.1 Policy Objectives

The specific objectives are:

 To develop mechanisms to achieve portability of social security rights of Sierra


Leoneans in the diaspora;

 To provide opportunities for Sierra Leonean emigrants to voluntarily join social


security schemes in Sierra Leone;
29
 To provide opportunity for the Sierra Leonean emigrants who contributed to the social
security scheme in Sierra Leone before leaving to continue to be with the scheme
while away and be able to access their benefits when due irrespective of their
residential status or spatial location.

3.2.4.2 Implementation Strategies

 Enact new laws to facilitate the implementation of ILO standards provided in its
Conventions and Recommendations relevant to migrant workers and their social
protection.

 Sign bilateral and multilateral social security agreements and establish mechanisms
through which the social security systems of the local and host countries can work
together to ensure that migrant workers have protection that is as complete as
continuous as possible.

 Develop a framework for engaging major host countries of Sierra Leonean emigrants
on social security portability.

 Develop voluntary insurance schemes for Sierra Leonean living abroad.

 Promote the inclusion of social security provisions in temporary labour migration


programmes or bilateral labour agreements using the Annex of the ILO Migration for
Employment Recommendation, 1949, (No. 86) as a model agreement.
 Implement ECOWAS general convention on social security.

3.3 LABOUR MIGRATION AND DEVELOPMENT

While migration from African countries has, historically, been portrayed as a developmental
challenge, recent scholarship has shown that labour migration can positively contribute to
socio-economic development and poverty reduction in countries of origin through
remittances and investments in the local market by migrant workers. The government of
Sierra Leone recognizes the fact that emigrants and return migrants contribute to investments,
skills transfer and promotion of tourism and business links. While acknowledging this
significant contribution of Sierra Leonean emigrants and working towards enhancing such
benefits, the government of Sierra Leone also recognizes the fact that promoting emigration
and employment in other countries is not a major strategy for achieving long-term national
development, since emigration can cause brain drain. In an attempt to maximize the
developmental impacts of migration, the following policy challenges have been identified.
First, Sierra Leone has not been able to mainstream labour migration issues into national
development policies and plans. Second, the country has not developed mechanisms to fully
deal with brain drain and turn it into brain gain. Other policy challenges include how to
effectively promote remittances-led investment and enhance skills transfer from emigrants
and immigrants. This section of the policy document therefore prescribes strategies for

30
dealing with these challenges and maximizing the developmental impacts of labour
migration.

3.3.1. Mainstreaming Labour Migration into the National Development Planning


Agenda

Although it is widely acknowledged that there is a relationship between labour migration and
development, there have been little efforts to incorporate migration into development
planning and poverty reduction strategies of developing countries. According to the Global
Migration Group7 , mainstreaming migration into development planning is the process of
assessing the wider implications of migration on any development strategy. The process
entails an integration of migration and development issues at all stages of development
planning, including design, implementation, and monitoring and evaluation. Given that the
interaction between migration and development can produce both positive and negative
results, it is important for policymakers to design programmes to shape the context and
ensure that labour migration contributes to development. Mainstreaming migration and
development concerns into country level planning frameworks is seen as the most systematic
approach to reducing the negative effects and maximizing the benefits of labour migration.
Mainstreaming ensures that migration is adequately embedded in the broader development
strategy, fostering a coherent approach rather than piecemeal, uncoordinated actions.

While the potential of labour migration to contribute to economic transformation of Sierra


Leone has been recognized, labour migration issues have still not been adequately
incorporated into national development planning. As in many other developing countries,
policy measures linking migration with development tend to focus on law enforcement
activities (e.g. border control and combating trafficking in persons) rather than harnessing the
wider socio-economic benefits of migration. In a few cases where benefits of migration are
recognized, the focus tends to be on remittances and skills flow into Sierra Leone. There is
little focus on the relationship between migration and the social and cultural dimensions of
development. The challenges of mainstreaming migration into development planning in
Sierra Leone include lack of expertise and financial resources to understand and address the
complex linkages between migration and development. There is also lack of comprehensive
mechanisms for integrating migration and development issues. The government of Sierra
Leone is committed to developing mechanisms that will lead to an incorporation of labour
migration issues into development planning by including migration-related issues and
priorities highlighted in the 2030 Development Agenda into national development plans and
poverty-reduction strategy programmes.

3.3.1.1 Policy Objectives

The specific objectives are:

 To mainstream labour migration into national development agenda and planning.

7
Global Migration Group (2010). Mainstreaming Migration into
Development Planning: A handbook for Policy-Makers and Practitioners . United Nations: Denmark.

31
 To maximize the positive effects and minimize the negative effects of labour
migration on socio-economic development.

 To develop mechanisms for incorporating migration into the development planning .

3.3.1.2 Implementation Strategies

 Design a framework and guidelines for mainstreaming labour migration issues into
the national policies and development plans.

 Set out the country‟s roadmap for mainstreaming migration into development
planning, and ensure that the roadmap adequately describes issues to be addressed,
strategic goals and priorities, responsibilities of stakeholders, and intervention areas.

 Train public officials of relevant state agencies and social partners on how to
incorporate labour migration issues into the national development plans.

 Organise public awareness campaigns on the relationship between migration and


development and solicit assistance of different stakeholders, including migrants.

 Promote broad-based participation in the develop planning process based on clearly


defined roles and responsibilities of the different actors, and ensure that civil society
and the private sector groups are actively involved in the formulation of the Plan of
Action on migration and development.

 Create an inter-ministerial coordination agency in charge of promoting the link


between labour migration and development through regular consultation between the
relevant branches of government, civil society, social partners and, international
organizations.

 Design and implement plans to disseminate information on migration and


development to the general public in a user friendly format ( e.g. in local languages
and through radio and television)

 Develop monitoring and evaluation plans and frameworks to assess mainstreaming


processes are in line with goals.

3.3.2. Mobilizing Remittances for Sustainable Development

Sierra Leonean Migrant Workers continue to play an important role in the development of the
country through remittances. A recent UNDP report estimated that about 86% of Sierra
Leoneans working in other countries have been sending money home regularly. The total
annual remittance transferred to Sierra Leone is around $ 168 million which represents about
12% of GDP. The true size of remittances, including unrecorded flows through formal and
informal channels to Sierra Leone, is therefore considerable. There are, however, a number of
challenges associated with mobilizing remittances for development in Sierra Leone. For
32
instance, a large proportion of migrants‟ remittances are transferred through less reliable
informal channels, such as friends and self-carry when visiting home and hiding money in
letters being posted. Anecdotal evidence suggest that high cost of transferring money through
financial institutions, lack of bank accounts by many people, and strict adherence to personal
identification procedures render the banking system a less desirable remittance-receiving
channel for many families. Additionally, a significant proportion of remittances sent to
families are consumed rather than being invested. Another challenge associated with
mobilizing remittances for development is the fact that there is lack of administrative
strategies and mechanisms for Government to fairly tap (leverage) directly into these foreign
inflows from the Diaspora as an asset for investment and national development. Recognizing
these challenges, the State shall provide a sound macro-economic environment to facilitate
the efficient flow of remittances. In line with SDG goal 10c which proposes that by 2030, the
cost of sending remittances should be reduced to less than 3 per cent of the amount remitted,
the State shall work with financial institutions to reduce the cost of sending remittances to
Sierra Leone. The State shall also adopt programmes to enhance the knowledge of migrant
workers and their families regarding the management of remittances.

3.3.2.1 Policy Objectives

The specific objectives are:

 To increase the flow of international migrants‟ remittances to Sierra Leone

 To reduce the barriers to the transfer of remittances and develop mechanisms to


reduce the transaction cost associated with remitting
 To enhance the developmental impacts of remittances.

 Provide reliable data on remittances flow for the purpose of planning

3.3.2.2 Implementation Strategies


 Engage the diaspora through diplomatic missions abroad to help increase remittances
flow and promote investment.

 Work with Ministry of Foreign Affairs, Bank of Sierra Leone and other financial
Institutions to facilitate remittances transfer and reduce the cost of transferring money
to Sierra Leone.

 Adopt policies and institutional structures to formalize the operations of informal


agencies transferring remittances and linked them to the Central Bank of Sierra Leone
for effective monitoring.

 Encourage Sierra Leonean migrant workers to direct remittances towards investment


in productive ventures.

 Enhance awareness raising campaigns for migrants who send remittances and
recipients of remittance on investment opportunities.

33
 Strengthen the capacity of the Sierra Leone Statistical Department and banks to
collect and produce reliable data on remittances

3.3.3. Migrants -Led Investments

Diaspora members and immigrants can contribute to national development through


mobilization of capital for investments which are required to generate jobs. Globally, most
governments make conscious efforts to incorporate diaspora groups as development agents
and to mobilize cash and in-kind resources towards their national development agenda.
Diaspora investment is not just through individual migrants‟ remittances to
families/communities for investment into businesses but it can also take the form of diaspora
investors or groups sending or mobilizing money for investments in the country. People in
the diaspora can also be relied upon to lobby international investors into Sierra Leone. While
the government has been encouraging Sierra Leonean successful emigrants to come back to
invest in the country, these appeals have not achieved desirable results because the
investment environment is not conducive as a result of lack of basic infrastructure and
appropriate mechanisms. Additionally, many Sierra Leonean emigrants are not aware of the
investment opportunities in the country. Also there are limited investment products available
for emigrants. The State is therefore committed to creating the necessary environment to
promote diaspora-led investments. The State will also rely on prominent Sierra Leoneans in
the diaspora to lobby entrepreneurs of other countries to come and invest in Sierra Loene.
Apart from investments by Sierra Leoneans in the diaspora, the promotion of investments by
immigrants can also go a long way to create jobs in Sierra Leone. Yet effort to promote
migrants led investments is hampered by lack of basic services and bureaucratic procedures.
The State will therefore create the necessary environment and adopt mechanisms to promote
investments by immigrants from other countries. This will go a long way to create more job
opportunities for Sierra Leoneans.

3.3.3.1 Policy Objectives

The specific policy objectives are:

 To promote foreign direct investment options in Sierra Leone among the Sierra
Leonean Diaspora and migrant entrepreneurs from other countries;

 Promote diaspora and immigrant- led investment for development;

 Maximize investments from diaspora transnational business networks and


immigrants;

3.3.3.2 Implementation Strategies

 Promote diaspora-led human and social development projects with business and
investment components (namely in origin regions or communities) – socially

34
responsible investment that can represent an added-value to diaspora investors and
members of origin communities;

 Organise diaspora business fora to encourage Sierra Leoneans abroad to invest their
resources in relevant sectors in the country.

 Provide information to Diaspora and immigrants on local investment opportunities,


made available through mapping of sectors that can benefit from migrant/diaspora-led
interventions;

 Simplify the requirements and procedures for registering in Sierra Leone.

 Develop business partnerships using Sierra Leonean diaspora members as an interface


between the destination state, the market and investors.

 Design attractive financial packages to enhance diaspora and immigrant investment


for development.

 Reduce administrative cost of doing business in Sierra Leone and ensure that
investment environment encourages investment in Sierra Leone.

 Organize regular investment promotion campaigns in other countries.

 Create investment opportunities ( e.g shares, bonds ) and market them to the
diaspora.

3.3.4 Enhancing Skills Transfer into Sierra Leone

Like many other countries in the developing world, Sierra Leone faces the challenge of skills
gaps. Some employers face difficulties in filling vacant positions owing to the unavailability
of adequately trained staff. There is a serious mismatch between demand and supply of
labour . This is because youth unemployment is very high but yet there are job vacancies that
job seekers cannot fill. Thus many job seekers do not have the skills employers are looking
for. These skills gaps represent a major constraint on development. The public education
system is often unable to provide a sufficient number of qualified people and to equip
graduates with the skills required by employers. The main challenge is effective investment
in skills development and putting these skills into productive use.

To attract skilled labour, the country will rely on Talent Mobility programme of West Africa
to encourage highly skilled labour to enter and work in Sierra Leone. The State will also
design policies to enhance skills transfers from Sierra Leoneans living in other countries.

35
3.3.4.1. Talent Mobility Programmes and Skills Transfer from Immigrants into Sierra
Leone

Human capital is an indispensable driver of economies and a foundation of innovations


critical for post-crisis recovery and sustainable growth. One of the effective mechanisms for
addressing skills gaps is reliance on highly skilled immigrants. Sierra Leone has already
benefited from talent mobility from some West African countries, especially Ghana and
Nigeria, in its reconstruction and development efforts. Recognizing the benefits of talent
mobility programmes, Sierra Leone is part of the Intra-African Talent Mobility Partnership
(TMP) which seeks to establish “Schengen” and or related type mechanisms on talent
mobility and skills development to accelerate economic integration, open borders, and
common policies in Africa. The West African initiative is spearheaded by Côte d‟Ivoire and
the participating countries in West Africa include Benin, Côte d‟Ivoire, Ghana and Sierra
Leone (these four countries are referred to as TMP countries). A recent Memorandum of
Understanding aims at addressing regulatory barriers associated with the granting of work
and residence permits; the development of a robust Labour Market Information System
(LMIS); and the establishment of Mutual Recognition Agreement framework to provide a
common standard for the evaluation of credentials for entry into a particular practice or
profession. The government of Sierra Leone is committed to relying on the Intra-African
Talent Mobility Partnership (TMP) to deal with skill gaps in the country. In line with the
strategies proposed by Talent Mobility Partnership, the government of Sierra Leone will
identify skills gaps and develop mechanisms to attract highly skilled migrants from other
ECOWAS countries into Sierra Leone. Given that there are no structured programmes for
skills transfer from immigrants, in general, the State will also design frameworks for
facilitating and promoting skills transfer from highly skilled immigrants from non-African
countries outside to Sierra Leone.

3.3.4.1.1 Policy Objectives

The specific objectives are:

 To improve quality and quantity of employable skills in Sierra Leone.

 To facilitate the immigration of highly skilled labour from the West African sub-
region into economic sectors where there is a shortage of highly skilled labour in
Sierra Leone.

 To ease migration, facilitate mobility within organizations and move jobs to people to
reduce constraints on mobility.

 To promote the transfer of skills from highly skilled immigrants to Sierra Leoneans.

3.3.4.1.2 Implementation Strategies

 Conduct research to identify sectors where there are skills gaps in Sierra Leone and
also countries where identified skilled labour can be found.

 Collaborate with the private sector to ensure that real employment demands are fully
identified and sufficiently addressed by emphasizing vocational training.

36
 Work closely with the private sector to design frameworks for promoting skills
transfer from highly skilled immigrants to Sierra Leoneans.

 Develop a talent mobility blueprint that identifies the skills needed for comparative
economic advantage, assess the availability of those skills and determine the level
needed to meet future labour market needs.

 Develop mechanisms to encourage highly skilled migrants from other West African
countries to migrate to Sierra Leone.

 Simplify work permit application processes for highly skilled migrants from the
ECOWAS region.

 Collaborate with popular migrants source regions outside West Africa to establish
Mutual Recognition Agreement framework to provide a common standard for the
evaluation of credentials for entry into a particular practice or profession.

 Use fact-based arguments and examples to counteract public and political hostility to
perceived employment threats from immigration.

3.3.4.2. Skills Transfer from Sierra Leonean Diaspora

Brain drain is an acute problem in Sierra Leone. The civil war led to massive departures of
educated nationals. In the post conflict era, the poor state of the country‟s infrastructure, the
lack of economic development opportunities, low wages and working environment further
served as a push factor for highly-skilled individuals to migrate. According to the IOM
Labour Migration Assessment report for Sierra Leone, 52.5% of tertiary educated nationals
were residing abroad8 . The high level of emigration of skilled labour has posed major
challenges for national development of the country, particularly in the health sector.
Empirical evidence suggests that the massive emigration of health professionals from the
country has had a negative impact on the health system in Sierra Leone and on the wellbeing
of Sierra Leoneans. OECD data shows that an estimated 58.4 per cent of doctors and 56.3 per
cent of nurses trained in Sierra Leone are now working abroad, illustrating the high rate of
skill flight from this sector. However, this trend has slowed during the last decade, with the
introduction of restrictive immigration policies in countries of destination. Similarly, the
education sector reports high rates of emigration among its highly trained teachers and
professors. Evidence from other countries shows that brain drain can gradually be
transformed into brain gain, if the state adopts appropriate mechanisms that encourage some
highly skilled migrants to return temporary or permanently. Although Diaspora members
possess the necessary skills, experience and networks to contribute to the development and
establishment of basic public services, a majority of them are not willing to permanently
return to Sierra Leone for a number of reasons. The local environment as well as weak
administrative agencies and infrastructure hamper migrants‟ attempts to transfer to the
country the skills, expertise and resources they have acquired abroad. Indeed, attracting
members of the Diaspora is proving particularly difficult because of unfavourable working
conditions, especially inadequate technologies and low salary levels, in addition to potentially
tense relations with domestic workers. While the state will adopt strategies to entice highly
skilled migrants to return home and contribute to development, it will also establish
transparent and fair recruitment procedures as well as employment practices that apply to

8
Laursen, S ( 2012): Labour Migration Assessment: Sierra Leone. IOM
37
Diaspora members and local workers alike, in order to strengthen the capacities while curbing
resentment among domestic workers.

While there is a need for Diaspora members to return on a permanent and long-term basis to
take up key jobs in certain sectors, consideration will also be giving to appointing them to
short-term or temporary positions to accomplish specific missions within tight deadlines.
Short-term missions may appeal to people who wish to support the country but are unwilling
to return home permanently. Furthermore, integration, which is often complicated for
returning migrants, and even more so in fragile and post-conflict countries like Sierra Leone,
is often much easier in cases of temporary return. In addition, when return migration is not an
option, other solutions such as contributing to knowledge networks will be explored.

3.3.4.2.1 Policy Objectives

The specific objectives are:

 To create a skills bank of all Sierra Leoneans abroad.

 To facilitate the circulation of competencies and expertise from the Sierra Leonean
Diaspora.

 To tap the professional skills of expatriate Sierra Leoneans through short-term


consultancies in Sierra Leone.

 To design pathways for return of Sierra Leoneans abroad who wish to do so.

3.3.4.2.2 Implementation Strategies

 Promote mapping and matching of existing needs in development-relevant sectors


(according to national development planning) in Sierra Leone and existing skills in the
Sierra Leonean diaspora;

 Conduct skills gap test for Sierra Leone to identify appropriate responses for retaining
talents.

 Create specific programs and opportunities for engagement with highly skilled emigrants,
such as online platforms and diplomatic missions.

 Facilitate exchanges of information between institutions in Sierra Leone and destination


countries regarding labour needs and the recognition of qualifications and skills..

 Collaborate with inter-governmental and international and inter-governmental


organizations to fund short-term knowledge exchanges and consultancies.

 Provide return and reintegration packages for highly skilled workers in Sierra Leone to
reduce the incidence of permanent emigration and ensure skills circulation and brain gain.

38
 Give preferential consideration to competent diaspora experts in cases of recruitment of
international consultants for work in Sierra Leone.

 Work with Sierra Leonean missions to provide information on employment opportunities


home to highly skilled migrants in destination countries.

 Encourage the exchange of information between highly skilled professionals in Sierra


Leone and their counterparts in destination countries.

 Identify and eliminate obstacles for return migration, and promote return and re-
integration programmes at different spatial (national, regional and community) levels in
Sierra Leone.

 Bolster support for development-oriented initiatives of migrants‟ associations, especially


at the local level, and encourage the vitality of migrants‟ social networks, especially
professional ones

3.4 LABOUR MARKET INFORMATION SYSTEM AND DATA COLLECTION

There is lack of accurate and reliable data on demographic profiles (population, location,
income levels, education, training and work experience) of Sierra Leoneans intending to
migrate and on those that have migrated. Without access to timely, simplified, reliable and
relevant data, both the Government and migrant workers will lose the mutual benefit of the
same. In addition, the lack of a database or proper documentation of Sierra Leonean migrants
makes it difficult to attract qualified and skilled human resource from the Diaspora
community.

3.4.1 Data Collection and Analysis

Reliable and regular information on labor markets and migration in a sustainable data
generation system which is integrated and functional are essential. Data will also facilitate
planning, support decision-making, enable the monitoring and evaluation of national
development planning and inform the formulation of national policies and strategies in
education, employment and migration adapted to national needs and realities. However, the
policy challenge is how to set up a comprehensive and functional Labour Market and
Migration information system that will provide information on labour migration trends for
policy-making.

3.4.1.1 Policy Objectives

The specific objectives are:

 To build a database for good policy and effective administration of labour migration

 To link employment and labour migration issues in policy and practice

 To enhance the Labour Market and migration information system.

39
3.4.1.2 Implementation Strategies

 Develop a comprehensive Labour Market and Migration Information System


(LMMIS) that provides clear categorization of migrants and describes their profiles
by gender, age, wages and salaries, working conditions, experiences and
competencies as well as residency status, share of labour migrants in total work force,
causes of labour migration to/from Sierra Leone and/or other relevant migration-
related indicators.

 Enhance the human resource and infrastructure capacity of the Statistical department
so that it can collect high quality data for policy planning.

 Develop a database of Sierra Leoneans available for deployment at home and abroad.

 Assess existing Sierra Leone training institutions and curriculum vis-à-vis current and
emerging labour market needs at home and abroad.

4. INSTITUTIONAL ARRANGEMENT AND IMPLEMENTATION


FRAMEWORK

The Government of Sierra Leone is committed to the implementation of strategies outlined in


this Policy, which will mainstream labour migration issues in the development agenda. To
achieve these outcomes, it is important to develop inter-institutional coherence between
existing and future activities and to have an effective implementation, monitoring and
evaluation framework.

The Government further recognizes that successful implementation will require involvement
and active participation of Workers‟ organizations, Employers‟ Associations, Private Sector,
Non-Governmental Organizations (NGOs), Community Based Organizations (CBOs), and
various Civil Society Organizations (CSOs). This framework therefore provides the roles
and responsibilities of institutions and agencies entrusted with the implementation of the
Policy and programmes. It also enables reporting and regular feedback.

4.1 COORDINATION MECHANISM

Effective co-ordination is critical in the formulation and implementation of this Policy, and
currently, migration functions are scattered in various Government Ministries and
Departments with no clear co-ordination and linkage mechanism among the implementing
agencies to enhance policy harmonization and streamlining. This has resulted in disjointed
policy actions, duplication of efforts and wastage of scarce resources. Consequently, a
coordination mechanism will be put in place to ensure effective collaboration among the
various agencies.

40
4.2 WORKING COMMITTEE

In terms of the Labour Migration Policy, the competence and comparative advantage of every
relevant organization is to be recognized in formulation, implementation and monitoring.
Contributions by all stakeholders will be validated in order to achieve coherent labour
migration governance in the country. A Technical Working Committee (TWC) will be
constituted to provide a forum for consultation and coordination on labour migration matters
across government departments. It is proposed that the TWC shall be comprised of
representatives of Ministries, Departments and Agencies of Government that have primary
responsibility for management of any aspect of a comprehensive approach to Migration and
other non-state actors and social partners.

The Committee shall hold regular meetings to deliberate on labour migration issues, with a
view to arriving at a common approach within the framework of the policy and extant
national laws.

Some functions of the Committee are:


a) Assessing and recommending programmes and projects for implementation;
b) Advising government on Labour Migration Policy measures appropriate to adopt;
c) Harmonising labour migration programmes and projects nationwide;
d) Coordinating labour migration activities of all member agencies;
e) Developing and reviewing coherent strategies for achieving the national goals and
objectives of labour migration governance.

4.3 GOVERNMENT AGENCIES


The following Government institutions will play significant roles in the implementation of
this Policy and its programmes:

I. Ministry of Labour and Social Security;

The Ministry will chair the TWC and will include issues of labour migration in
developing policies and programmes on human resource planning and utilization.

The Ministry will establish and continue to update the Integrated Human Resource
Database, including an inventory of the available skills, locally and abroad. Further,
the Ministry will put in place measures to ensure that migrant workers are accorded
favorable terms and conditions of employment and that they are not exploited.

In collaboration with the Office of Diaspora Affairs, the Ministry will also reach out
to Diaspora and create awareness on employment opportunities within the country. It
will also put in place structures and programmes to ensure effective utilization of the
Diaspora skills for the socio-economic development of the country. The Ministry will
also be responsible for collating the reports on the implementation of the Labour
Migration policy.

II. Ministry of Foreign Affairs and International Cooperation;


The Ministry will enhance and provide consular services to all Sierra Leoneans living
abroad. It will also provide policy framework for Missions/Consulates to address
41
labour migration related issues. It will work closely with the Sierra Leonean
Communities Abroad to provide the necessary advice on issuance of travel
documents, visa and work permit requirements.
It will also initiate dialogue with destination countries to enter into bilateral
agreements to ensure protection of Sierra Leoneans. The Ministry will also establish
and continuously update the database on Sierra Leone Migrant Workers as and when
they register at the Embassies.

III. Ministry of Finance and Economic Development;


The MoFED will ensure that issues to do with labour migration are mainstreamed
into the national development agenda.

IV. Ministry of Internal Affairs;


The Ministry will provide policy framework on labour migration and emigration.
It will also facilitate processing of travel documents for Sierra Leoneans seeking
to travel abroad. The Ministry will closely work with the Ministry of Foreign
Affairs and International Cooperation to assist Sierra Leonean migrant workers to
regularize their migration status.

V. Ministry of Youth Affairs;


MOYA will ensure that Youth labour migration issues are integrated as part of
their programme and assist them to process their documents, acquire the necessary
training for the jobs.

VI Ministry of Public and Political Affairs


The MPPA will oversee the activities of the Office of the Diaspora and will meet
migrant workers to deliberate and receive feedback from them on labour issues. It
will also be charged with the responsibility of organizing Annual Diaspora Home-
Coming events and any other Diaspora activities, within and outside the country.

VII. Strategy and Policy Unit

SPU should help to develop a coordination and implementation plan that will
ensure that every stakeholder fulfills their mandate in the implementation,
monitoring and evaluation of this Policy.

4.4 EMPLOYERS, WORKERS AND RECRUITMENT AGENCIES

I. Sierra Leone Employers Federation (SLEF)


SLEF will provide leadership for all employment/recruiting agencies to comply
with the policy and ensure their collaboration with other stakeholders including
providing feedback to Government through the MLSS.

II. Sierra Leone Labour Congress (SLLC)


SLLC will provide a platform to ensure that the rights and interests of all migrant
workers are protected within the frame work of this Policy.

42
4.5 DEVELOPMENT PARTNERS
The Government recognizes the significance of a collaborative and partnership approach in
mobilizing, allocating and utilizing resources for mainstreaming Labour Migration issues in
national development goals. In this respect, development partners, UN Agencies, Donors,
Embassies, International organizations, International Employers and Workers organizations
will support and supplement the Government, the private sector, social partners and the civil
society, in their respective roles in terms of financial and technical support within the
framework of this Policy.

4.6 MONITORING AND EVALUATION


Lack of a clear and comprehensive Monitoring and Evaluation system has been one of the
factors which have led to poor implementation of previous Government policies and
programmes and evaluation of their impacts. To achieve the targets and objectives set out in
this Policy, it will be necessary to have an effective coordination, implementation, monitoring
and evaluation framework to facilitate identification of deviation from set targets and take
corrective measures. The framework will provide for regular consultation and feedback
between agencies entrusted with the implementation of this Policy. To promote effective
monitoring and evaluation, the MLSS will establish a monitoring and evaluation unit to take
the leading role in monitoring and evaluating the implementation of the policy. The
monitoring and evaluating unit of MLSS will work with other key stakeholders, especially
the Ministry of Finance and Economic Development.

43
NATIONAL LABOUR MIGRATION POLICY IMPLEMENTATION ACTION
PLAN

ACTION AREA 1: GOVERNANCE OF THE LABOUR MIGRATION PROCESS

Strategic Objective: To strengthen good governance and management of labour


migration by reviewing existing legislation and establishing the necessary institutional
framework for the effective coordination and administration of labour migration issues

Strategic/Policy Activities Expected Outcome Implementing


Area Partners

Legislative  Take steps to ratify all relevant  Enhanced up-to- MLSS,


Framework international instruments on labour date legislative ID
migration, especially ILO Convention framework for
regulating inward MFAIC,
No. 97 on the Migration for
and outward MoFED,
Employment Convention (revised labour migration MSWGCA,
1949) and Convention No. 143 on the in line with MIA, MYA,
Migrations in Abusive Conditions and international MPPA, ODA,
the Promotion of Equality of standards MTI, MHS,
Opportunity and Treatment of Migrant AGMJ, MIC,
Workers Convention (1975).  Roles of various MLGRD,
state institutions MEST, PCLSS,
 Amend existing national legislative and societal , SSL, SPU,
actors managing ONS, SLEF,
instruments and draft new legislation
labour migration SLLC
to regulate both inward and outward
become clear
labour migration and address the gaps
identified in the 2012 IOM assessment
report on Labour Migration
management in Sierra Leone and 2014
ICMPD/IOM Survey on Migration
Policies in West Africa.

 Establish and streamline operating


standards to govern consular services
provided to Sierra Leonean emigrants
in destination countries and
immigrants in Sierra Leone.

 Simplify the requirements for the


acquisition of entry visa, residence
permit and work permit by foreigners
in Sierra Leone.

 Regularly review and update


legislative instruments and policies on
labour migration in Sierra Leone.

 Develop legal instruments to regulate

44
the functioning of private recruitment
agencies.

 Involve all stakeholders (i.e both state


and societal actors) in the formulation
of legislative instruments and policies
on labour migration governance.

Institutional  Prioritize labour migration issues in  Enhanced SPU


Framework and national development policy-making Institutional MoFED
Operation and budgetary allocations. framework for
Capacity regulating labour MLSS, MFAIC,
migration. MSWGCA,
 Clearly define the roles of all the state MIA, MYA,
departments and agencies responsible  Roles of all MPPA, ODA,
for labour migration management in stakeholders MTI, MHS,
Sierra Leone. responsible for AGMJ, MIC,
labour migration MLGRD,
management MEST, PCLSS,
 Continue providing regular training in
clearly defined ID, SSL, SPU,
Labour Migration Governance to staff ONS, SLEF,
of state agencies/institutions and  Enhanced policy SLLC, ,
social partners involved in labour and institutional UNODC, WHI,
migration management. coherence in the TOCU, CSM,
field of labour US Embassy
(SL)- PAD,
 Provide more equipment and other migration
management Development
logistical support to state partners
organizations responsible for labour  Effective
migration management collaboration
among state and
 Formalize the processes for societal actors
coordination and information sharing involved in labour
between and among departments and migration
units of MLSS and organize governance.
consultative discussions on labour
migration management more
regularly.

 Ensure that existing labour migration


management platforms for inter-
ministerial dialogue are working
efficiently by allocating funds for
organising consultative meetings.

 Establish a one-stop-office that deals


with key migration-related functions
that are fragmented across several
ministries and to provide streamlined
services to migrant workers in Sierra
Leone (e.g. registration and work
45
permit issues).

 Enhance institutional and operational


capacity of Sierra Leonean missions to
support and protect the rights of
emigrants by clearly defining the
mandates of these missions, assigning
them labour attaches, training staff,
and providing sufficient budget for
such functions.

Regulatory  Ratify Private Employment Agencies  Improved MLSS,


Framework Convention, 1997 (No. 181) regulatory MFAIC,
framework for
 Collaborate with tripartite governing labour MSWGCA,
constituencies, CSOs and private migration MIA, MYA,
standards. MPPA, ODA,
recruitment agencies to draft
MTI, MHS,
comprehensive regulations covering
 Enhanced AGMJ, MIC,
the mandates of organizations regulation of the MLGRD,
responsible for the administration of migration MEST, PCLSS,
labour migration, recruitment industry and ID, SSL, SPU,
placement, protection and private ONS, SLEF,
reintegration of migrant workers. recruitment SLLC, WHI,
agencies TOCU,
 Set up of Migrant Resource Centres CSM,
EMBASSIES
(MRCs) in Sierra Leone to provide  Procedures
tailored information and orientation to required for Development
potential emigrants, returned migrants recruitment of Partners (e.g.
sierra Leoneans IOM, UNDP,
and immigrants on migration
for job placement ILO, GIZ,
channels, safe migration, recruitment abroad World Bank
processes, pre-departure issues, standardized. (WB), ,
alternatives to unfeasible migratory
projects, filling of job vacancies
abroad or for job vacancies in Sierra
46
Leone (for immigrants), consequences
of migration, requirements for re-
engagement (for return migrants),
responsibilities of recruitment
agencies and penalties, human
trafficking and xenophobia, among
others.

 Regulate the Sierra Leonean


recruitment industry through
administrative procedures, licensing
schemes, codes of conduct,
monitoring and penal provisions to
address offences by recruitment
agencies, including withdrawal of
recruitment and placement licenses in
cases of violations, and requirements
for insurance bonds to be used to offer
monetary compensation to migrant
workers when a private recruitment
agency fails to meet its obligations.

 Develop detailed guidelines for


recruitment agencies on their
responsibilities, penalties for violation
of the rights of migrants, recruitment
procedures, documentation and fees to
be requested from potential migrant
workers.

 Ensure that diplomatic/consular


missions have standards that allow for
the critical review and assessment of
partnering recruitment agents and
commercial employers hiring Sierra
Leonean nationals.

 Issue regulation prohibiting retention


of documents belonging to migrant
workers.

International  Strengthen state agencies responsible  Enhanced MLSS


and Regional for implementing ratified international regional and MFAIC,
Collaboration conventions on labour migration and international MoFED, SPU,
set measureable achievement targets cooperation on SLMA,
for them. labour migration Development
management. Partners ( e.g.
 Ensure that contradictions between IOM, ILO,
domestic labour laws and ratified  Improved ICMPD),
implementation
international and regional protocols
and compliance
are resolved. with international
and regional
47
 Continue to participate in regional and conventions
international fora on labour migration. ratified by Sierra
Leone.

 Relying on regional and international  Bilateral relations


instruments on labour migration, enter on specific labour
into bi-lateral labour agreements with migration issues
the major labour sending countries improved.

ACTION AREA 2: PROTECTION OF RIGHTS AND EMPOWERMENT OF


MIGRANT WORKERS

Strategic Objective: To develop mechanisms for enhancing the protection and empowerment
of migrant workers and their families.
Strategic/Policy Activities Expected Outcome Implementing
Area Partners

Protection of  Review and revise national legislation  Improved MLSS,


Immigrant regarding the rights of migrant workers protection of MSWGCA, TIP
Workers and in order to ensure its conformity with migrant workers Task Force,
their Families in and their families TOCU, MIA, ID
international standards and implement
Sierra Leone in Sierra Leone
policies that will ensure equity and against MFAIC, ONS,
non-discrimination of migrants. exploitation, SLP,
discrimination, WHI, SLEF,
 Establish working relationships with xenophobia and SLLC
the business and industry sector to abuse by
employers and
promote greater understanding of their
citizens.
human rights obligations

 Strengthen the role and the number of


labour inspectors and conduct regular  Improved
labour inspections in sectors and provision of social
workplaces where migrants are support and care
services to
employed and ensure that they are
vulnerable migrant
being treated in line with international workers and their
standards. families.

 Establish mechanisms to prevent


exploitation and discrimination of  Reduction in the
migrant workers in the workplace by number of cases of
educating the public about the negative migrants rights
effects of Xenophobic violence. abuse in Sierra
Leone
 Ensure affordable access to health care
48
and other basic services by vulnerable  Peaceful
migrants. coexistence of host
communities and
 Organize training programmes for state migrant workers
officials on rights of migrants and how and their families
to protect these rights. in Sierra Leone
.
 Organize programmes that will help
educate newly arrived immigrants on .
the cultures of Sierra Leone and public
behaviour that are considered alien to
the society and create specific migrant
integration services within the public
administration.

.
 Enforce policy on minimum wages for
all categories of migrant workers.

 Establish and implement a Complaints


Mechanism to address the short
comings, abuses and rights violations
within the labour migration process and
empower relevant institutions to
resolve complaints by issuing legally
enforceable orders to the parties
involved, through mediation or by
seeking redress on behalf of complaints
through courts.

 Offer adequate protection to migrants


in detention centers by undertaking
visits to places of detention and
investigating complaints of torture, ill-
treatment or human rights violations in
prisons.

 Foster cordial relationship between


migrant workers and local people by
organizing campaigns to highlight the
positive contribution of migrant
workers and to change the unfavorable
image of migrant workers.
Protection of  Use effective mass communication  Promotion of MFAIC
Sierra Leonean channels and strategies to educate decent and
Migrant potential migrants on the rights of productive work AGMJ, MLSS,
Workers and migrants in host countries, for Sierra Leonean MFAIC,
their Families in consequences of irregular migration, emigrants in MSWGCA, MIA,
Countries of activities of illegal recruitment conditions of ID, ODA,
Employment agencies, employment and life abroad, freedom, security MoFED, SLLC,
return and reintegration. and human NASSIT
dignity.
49
 Work with Sierra Leonean missions to  Potential and
design social protection programmes departing migrants
for vulnerable Sierra Leonean are equipped with
emigrants and their families. reliable and
accurate
information
 Empower migrant workers through the regarding their
formation of migrants associations and employment and
diaspora groups to enable their voices life abroad.
to be clearly heard and taken account
of in policy development.  Enhanced
protection of
Sierra Leonean
 Ensure that bilateral labour migration potential and
agreements between Sierra Leone and actual migrant
labour receiving countries focus on workers and their
decent working conditions, social families abroad
security, mechanisms for lodging against
complaints about violation of exploitation and
migrants‟ rights abuse by
employers and
 Establish returnee counseling services recruitment
to address the peculiar needs of return agencies.
migrants to facilitate their smooth
readmission and reintegration back
home.  Enhanced social
protection to
vulnerable Sierra
 Enhance the resource and technical Leonean emigrant
capacity of Sierra Leonean embassies workers and their
and their personnel to play a key role families.
in the protection of migrant workers,
as well as in the promotion of their  Improved support
welfare. services and
counseling to
 Establish mechanisms for the safe migrants who
repatriation for all workers in need, return
especially under emergency situations
due to serious health issues and grave
safety and security issues.

 Put measures in place to ensure that


the return and reintegration of
migrants‟ workers and their family
take place with full protection of
rights and freedoms, upholding of
human dignity with access to resource
and opportunities.

 Increase visibility and awareness of


services provided by missions and
consulates for migrant workers.

50
 Consider offering dispute resolution
services, either through the Embassies
or trusted organizations in the host
countries.

 Ensure that missions conduct regular


visits to the detention centres to
monitor the status of nationals who
have been detained.

 Provide adequate accommodation for


migrant workers who leave their
worksites due to abuse and assist them
to seek redress.

 Assign 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
Combating  Enhance the technical and financial  Reduction or MSWGCA,
Trafficking in capacity of relevant law-enforcement elimination of TIP, MIA,
Persons, Child agencies, Ministries and Departments human trafficking, TOCU
Labour and child labour and
to prevent, curtail and prosecute
Smuggling of smuggling of AGMJ, ID,
Migrants migrant smugglers and traffickers. migrants MLSS, MFAIC,
ODA, SLLC,
 Establish and enhance systems for  Better protection NASSIT, AGMJ,
data collection regarding trafficking of vulnerable SLEF, SLP, ONS,
in persons, child labour and groups, especially CSO, WHI,
children and MLGRD, MIC
smuggling of migrants.
women against
trafficking and
 Develop legislation on migrant smuggling.
smuggling to complement the 2005
 Effective rescuing
Anti-Human Trafficking Act through and rehabilitation
joint Action of the National Task and reintegration
Force on Human Trafficking. of victims of
human trafficking.

 Collaborate with countries of origin,


transit and destination to combat
migrant smuggling and trafficking in  Swift prosecution
of perpetrators of
persons.
human trafficking
and smuggling.
 Prosecute perpetrators of human
 Improved data on
trafficking and dismantle trafficking trafficking in
syndicates. persons, child
labour and
51
smuggling of
migrants
 Review legislation to ensure
sanctions against TIP and SOM, such
as confiscation of profits and assets.

 Establish scheme to ensure victims‟


access to existing compensation and
demand for compensation and
damages from perpetrators, including
unpaid wages.

 Conduct more researches and collect


more data on human trafficking to
establish a national human trafficking
database.

 Increase knowledge and information


sharing on TIP and SOM to reduce
the vulnerability of citizens to TIP
and SOM

 Enhance the technical capacity of


institutions and actors responsible for
the enforcement of national
legislation and implementation of
National Action Plan.
Social Security  Enact new laws to facilitate the  Mechanisms for NASSIT, MLSS,
Portability implementation of ILO standards achieving
provided in its Conventions and portability of MFAIC, ID,
social security of ODA, MoFED,
Recommendations relevant to
Sierra Leoneans in Banking
migrant workers and their social the diaspora institutions
protection. developed.

 Sign bilateral and multilateral  Sierra Leonean


social security agreements and emigrants
establish mechanisms through voluntarily joined
social security
which the social security systems of
schemes in Sierra
the local and host countries can Leone
work together to ensure that
migrant workers have protection  Sierra Leonean
that is as complete as continuous as emigrants who
possible. contributed to the
social security
scheme in Sierra
 Develop a framework for engaging Leone before
52
major host countries of Sierra leaving continued
Leonean emigrants on social to be with the
security portability. scheme while
away and or have
access their
 Develop voluntary insurance benefits when due
schemes for Sierra Leonean living irrespective of
abroad; their residential
status

 Promote the inclusion of social


security provisions in temporary
labour migration programmes or
bilateral labour agreements using
the Annex of the ILO Migration for
Employment Recommendation,
1949, (No. 86) as a model
agreement.

ACTION AREA 3: LABOUR MIGRATION AND DEVELOPMENT


Strategic Objective: To enhance mechanisms for harnessing and maximizing the
developmental impacts of labour migration

Strategic/Policy Activities Expected Outcome Implementing


Area Partners

Mainstreaming  Design a framework and  Labour migration


Migration in the guidelines for mainstreaming issues are effectively
National labour migration issues into the incorporated into MoFED,
Development national policies and national development MLSS
development plans. planning. MEST, SPU
Agenda
 Set out the country‟s roadmap MFAIC, BSL,
for mainstreaming migration  Promotion of broad- GTB, FIB,
into development planning, and based participation in Banks
ensure that the roadmap the develop planning
adequately describes issues to process
be addressed, strategic goals
and priorities, responsibilities of
stakeholders, and intervention  Improved information
areas. dissemination on the
connection between
migration and
 Train public officials of development
relevant state agencies and
social partners on how to
incorporate labour migration  Developmental impacts
issues into the national of labour migration

53
development plans. enhanced

 Organise public awareness  Robust frameworks for


campaigns on the relationship evaluating the
between migration and relationship between
development and solicit migration and
assistance of different development developed
stakeholders, including
migrants.

 Promote broad-based
participation in the develop
planning process based on
clearly defined roles and
responsibilities of the different
actors, and ensure that civil
society and the private sector
groups are actively involved in
the formulation of the Plan of
Action on migration and
development.

 Create an inter-ministerial
coordination agency in charge
of promoting the link between
labour migration and
development through regular
consultation between the
relevant branches of
government, civil society,
social partners and,
international organizations.

 Design and implement plans to


disseminate information on
migration and development to
the general public in a user
friendly format ( e.g. in local
languages and through radio
and television)

 Develop monitoring and


evaluation plans and
frameworks to assess
mainstreaming processes are in
line with goals.

Mobilizing  Engage the diaspora through  Increased flow of MoFED,


Remittances for diplomatic missions abroad to international MLSS
Sustainable help increase remittances flow remittances to Sierra SLCCA, MTI,
and promote investment. Leone SLIEPA, FIU,

54
Development  Work with Ministry of Foreign  Reduced cost of MFAIC, BSL,
Affairs, Bank of Sierra Leone transferring money to GTB, FIB,
and other financial Institutions Sierra Leone. Banks, ODA, ,
to facilitate remittances transfer SLORA,
and reduce the cost of
transferring money to Sierra  Enhanced
Leone.
developmental impacts
 Adopt policies and institutional of remittances.
structures to formalize the
operations of informal agencies
transferring remittances and  More reliable data on
linked them to the Central Bank remittances
of Sierra Leone for effective
monitoring.

 Encourage Sierra Leonean


migrant workers to direct
remittances towards investment
in productive ventures.

 Enhance awareness raising


campaigns for migrants who
send remittances and recipients
of remittance on investment
opportunities.

 Strengthen the capacity of the


Sierra Leone Statistical
Department and banks to
collect and produce reliable
data on remittances

Migrants -Led  Promote diaspora-led human  Enhanced level of MoFED


Investments and social development projects knowledge about SLCCA, MTI,
with business and investment investment SLIEPA, FIU,
opportunities among
components (namely in origin
immigrants and MFAIC, BSL,
regions or communities) – GTB, FIB,
diasporas
socially responsible investment Another FI,
that can represent an added-  Investment procedures MTI
value to diaspora investors and and requirements
members of origin simplified
communities;
 Reduced administrative
 Organise diaspora business fora cost of doing business
to encourage Sierra Leoneans in Sierra Leone
abroad to invest their resources
in relevant sectors in the
55
country.  More investment
opportunities created in
 Provide information to Sierra Leone
Diaspora and immigrants on
 Increased investments
local investment opportunities,
in Sierra Leone by
made available through immigrants and
mapping of sectors that can diaspora
benefit from migrant/diaspora-
led interventions;

 Simplify the requirements and


procedures for registering in
Sierra Leone.

 Develop business partnerships


using Sierra Leonean diaspora
members as an interface
between the destination state,
the market and investors.

 Design attractive financial


packages to enhance diaspora
and immigrant investment for
development.

 Reduce administrative cost of


doing business in Sierra Leone
and ensure that investment
environment encourages
investment in Sierra Leone.

 Organize regular investment


promotion campaigns in other
countries.

 Create investment opportunities


( e.g shares, bonds ) and market
them to the diaspora.

Talent Mobility  Conduct research to identify  Improved quality and MFAIC,


Programmes and sectors where there are skills quantity of employable MEST,
Skills Transfer gaps in Sierra Leone and also skills in Sierra Leone
from Immigrants countries where identified BSL, GTB,
into Sierra Leone skilled labour can be found.  More highly skilled FIB,
professionals migrated
 Collaborate with the private from the West African
sector to ensure that real sub-region into Sierra
56
employment demands are fully Leone to work in
identified and sufficiently sectors that requires
addressed by emphasizing more skilled labour
vocational training.

 Work closely with the private  Increased skills


sector to design frameworks for transfers by immigrants
promoting skills transfer from in Sierra Leone
highly skilled immigrants to
Sierra Leoneans.

 Develop a talent mobility


blueprint that identifies the
skills needed for comparative
economic advantage, assess the
availability of those skills and
determine the level needed to
meet future labour market
needs.

 Develop mechanisms to
encourage highly skilled
migrants from other West
African countries to migrate to
Sierra Leone.

 Simplify work permit


application processes for highly
skilled migrants from the
ECOWAS region.

 Collaborate with popular


migrants source regions outside
West Africa to establish Mutual
Recognition Agreement
framework to provide a
common standard for the
evaluation of credentials for
entry into a particular practice
or profession.

 Use fact-based arguments and


examples to counteract public
and political hostility to
perceived employment threats
from immigration.

57
Skills Transfer  Promote mapping and matching  Skills bank of all Sierra MFAIC,
from Sierra of existing needs in Leoneans abroad MEST,
Leonean Diaspora development-relevant sectors created.
(according to national BSL, GTB,
development planning) in Sierra FIB,
Leone and existing skills in the  Increased skills and And other FI,
Sierra Leonean diaspora; technology transfers by MTI
Sierra Leonean
 Conduct skills gap test for Diaspora.
Sierra Leone to identify
appropriate responses for
retaining talents.  Enhanced exchange of
information between
highly skilled
 Create specific programs and professionals in Sierra
opportunities for engagement Leone and their
with highly skilled emigrants, counterparts in
such as online platforms and destination countries.
diplomatic missions.

 Facilitate exchanges of  Brain drain reduced


information between and brain gain
institutions in Sierra Leone and enhanced.
destination countries regarding
labour needs and the
recognition of qualifications
and skills..

 Collaborate with inter-


governmental and international
and inter-governmental
organizations such as IOM,
ICMPD,GIZ and UNDP to fund
short-term knowledge
exchanges and consultancies.

 Provide return and reintegration


packages for highly skilled
workers in Sierra Leone to
reduce the incidence of
permanent emigration and
ensure skills circulation and
brain gain.

 Give preferential consideration


to competent diaspora experts
in cases of recruitment of
international consultants for
work in Sierra Leone.

58
 Work with Sierra Leonean
missions to provide information
on employment opportunities
home to highly skilled migrants
in destination countries.

 Encourage the exchange of


information between highly
skilled professionals in Sierra
Leone and their counterparts in
destination countries.

 Identify and eliminate obstacles


for return migration, and
promote return and re-
integration programmes at
different spatial (national,
regional and community) levels
in Sierra Leone.

 Bolster support for


development-oriented initiatives
of migrants‟ associations,
especially at the local level, and
encourage the vitality of
migrants‟ social networks,
especially professional ones

ACTION AREA 4: LABOUR MARKET INFORMATION SYSTEM AND DATA


COLLECTION

Strategic Objective: To enhance labour market and migration information systems and data
collection for better migration management

Strategic/Policy Activities Expected Outcome Implementing


Area Partners

Labour Market  Develop a  Improved and reliable


Information comprehensive Labour migration database for MLSS, SSL
System and Data Market and Migration good policy and
Collection effective administration MTI, MFAIC, USL,
Information System
of labour migration TVET, MEST, SPU,
(LMMIS) that provides BSL, ECOWAS,
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clear categorization of  Enhanced and SLEF, SLLC,
migrants and describes effective Labour Development partners
their profiles by gender, Market and Migration (e.g. ILO, , GIZ
age, wages and salaries, information system.
working conditions,
 Capacity of Statistical
experiences and Department improved
competencies as well as
residency status, share
of labour migrants in
total work force, causes
of labour migration
to/from Sierra Leone
and/or other relevant
migration-related
indicators.

 Enhance the human


resource and
infrastructure capacity
of the Statistical
department so that it can
collect high quality data
for policy planning.

 Develop a database of
Sierra Leoneans
available for
deployment at home and
abroad.

 Assess existing Sierra


Leone training
institutions and
curriculum vis-à-vis
current and emerging
labour market needs at
home and abroad.

Note: Lead organizations are underlined

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