National Labour Migration Policy
National Labour Migration Policy
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TABLE OF CONTENT
Preface ………………………………………………………………………………… 1
Acknowledgement……………………………………………………………………... 2
Executive Summary……………………………………………………………………. 2
Acronyms………………………………………………………………………………. 4
1. INTRODUCTION………………………………………………………………………………………………… 6
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
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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.
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.
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.
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.
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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.
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ACRONYMS
EU - European Union
ID - Immigration Department
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MSWGCA - Ministry of Social Welfare Gender and Children Affairs
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1. INTRODUCTION
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.
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
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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.
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
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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
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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.
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.
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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.
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.
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).
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.
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
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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.
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 for governing labour migration are updated
regularly.
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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.
Involve all stakeholders (i.e both state and societal actors) in the formulation of
legislative instruments and policies on labour migration governance.
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
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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.
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 ensure effective collaboration among state and societal actors involved in labour
migration governance and the protection of migrants‟ rights.
Clearly define the roles of all the state departments and agencies responsible for
labour migration management in Sierra Leone.
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.
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).
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.
19
3.1.3.1. Policy Objectives
To enhance the regulatory framework for governing labour migration from and into
Sierra Leone in line with international standards.
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.
20
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.
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.
21
3.1.4.2 Implementation Strategies
Ensure that contradictions between domestic labour laws and ratified international and
regional protocols are resolved.
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.
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.
22
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.
To offer protection to migrant workers and their families in Sierra Leone against
exploitation, discrimination, xenophobia and abuse by employers and citizens.
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.
23
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.
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.
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.
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.
25
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.
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.
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
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.
26
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
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
Establish and enhance systems for data collection regarding trafficking in persons,
child labour and smuggling of migrants.
Review legislation to ensure sanctions against TIP and SOM, such as confiscation
of profits and assets.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
To promote foreign direct investment options in Sierra Leone among the Sierra
Leonean Diaspora and migrant entrepreneurs from other countries;
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.
Reduce administrative cost of doing business in Sierra Leone and ensure that
investment environment encourages investment in Sierra Leone.
Create investment opportunities ( e.g shares, bonds ) and market them to the
diaspora.
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
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.
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.
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.
To facilitate the circulation of competencies and expertise from the Sierra Leonean
Diaspora.
To design pathways for return of Sierra Leoneans abroad who wish to do so.
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.
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.
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.
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.
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.
To build a database for good policy and effective administration of labour migration
39
3.4.1.2 Implementation Strategies
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.
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.
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.
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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.
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.
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.
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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.
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NATIONAL LABOUR MIGRATION POLICY IMPLEMENTATION ACTION
PLAN
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the functioning of private recruitment
agencies.
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
.
Enforce policy on minimum wages for
all categories of migrant workers.
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Consider offering dispute resolution
services, either through the Embassies
or trusted organizations in the host
countries.
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development plans. enhanced
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.
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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.
Develop mechanisms to
encourage highly skilled
migrants from other West
African countries to migrate to
Sierra Leone.
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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.
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Work with Sierra Leonean
missions to provide information
on employment opportunities
home to highly skilled migrants
in destination countries.
Strategic Objective: To enhance labour market and migration information systems and data
collection for better migration management
Develop a database of
Sierra Leoneans
available for
deployment at home and
abroad.
60