Recommendations to Strengthen Implementation and Enforcement
Strengthen regulations on fair and ethical recruitment to ensure conditions that provide decent work.
After lifting the ban in April 2021, the Sierra Leonean Government made efforts to address human trafficking. The Labour Ministry started a vetting process for all recruitment agencies that recruit Sierra Leoneans who want to work abroad. Later in 2021, Labour Officials started to work with SOS Global Investment in Ghana, a job placement company, to take full charge of the departure of Sierra Leonean migrant workers. Following these efforts we recommend further strengthening regulations on fair and ethical recruitment ensuring conditions that provide decent work by:
- Strengthening the implementation and enforcement of the Labour Migration Policy;
- Developing a comprehensive approach to achieve fair recruitment, using the ILO General Principles and Operational Guidelines on Fair Recruitment (ILO GPOG) and the Montreal Recommendations on Recruitment: A Road Map towards Better Regulation to regulate the recruitment sector;
- Ensuring that recruitment agencies, whether SOS Global Investment or any other recruitment agency, are regulated, monitored and hold accountable for wrongdoings;
- Ensuring that, as per Convention 189, recruitment agencies provide all workers who will take domestic work overseas with a written job offer or contract of employment (Oman domestic workers contract), where all terms and conditions are stated, before the worker decides to take the employment offer and sign the contract. Special provisions must also be put in place to make sure that those who cannot read are still aware of the contracts’ terms and conditions;
- Prohibiting recruitment agencies and / or contracted agencies from charging any recruitment fees, including processing fees or training fees.
Strengthen the implementation of a safe, independent, and accessible national grievance mechanism to report human trafficking, including unlicensed or unethical recruitment agencies and/or irregular brokers.
Currently, the Human Rights Commission of Sierra Leone has a grievance mechanism in place where individuals can submit complaints online, by telephone (including WhatsApp) or by going directly to their offices. We recommend ensuring that this, or any other form of grievance mechanism follows best practices that include:
- Safe. It must be ensured that all Sierra Leoneans can raise a grievance without the fear of retaliation from anyone including Law Enforcement Officers. If a WhatsApp number is available, it should represent the entity by having a relevant profile and timely response.
- Accessible. The grievance mechanisms must be accessible in practice, including for those that are in remote locations, marginalised or excluded, including those who can not read or write. It should eliminate complex administrative procedures and it must be accessible through different mediums. The grievance mechanism should be available seven days a week 24 hours a day including holidays. It should also be inclusive and accessible to all in line with President Julius Maada Bio’s vision for an inclusive nation.
- Transparent. All steps that follow the submission of a grievance must be clear and set out for all to understand. It should also include approximate timelines. This information should be directly on the website in a language that is easy to understand and without having to download or read through the Complaint Rules and Procedures to obtain this information, as is currently the case. This helps to create transparency and trust in the system.
- Responsive. All grievances should be responded to promptly and without delay. If no one is available via phone or WhatsApp, ensure that there is an automatic answer responding accordingly. All questions should be addressed and answered.
- Independent. The entity responsible for receiving complaints must be independent of all other entities.
- Fair. Investigations and remedies must be fair and lead to outcomes that are consistent with national policies and efforts. All investigations must be impartial.
Continue to strengthen efforts for victims of human trafficking to access justice, and investigate, prosecute and convict traffickers, including those that facilitate it.
Access to justice and investigations, prosecutions and convictions of traffickers, including those that facilitate it, is a crucial step to combat human trafficking in the country. We recommend:
- Addressing corruption, bribery and extortion in all relevant departments, especially with the Sierra Leone Police Force, to ensure victims of human trafficking can access justice freely and safely;
- Investigating promptly and holding firmly accountable those who facilitate or were part of any form of corruption within the judicial system or police;
- Avoiding procedural delays, thus increasing efficiency and trust in the judicial system;
- Investigating, prosecuting and convicting recruiting agency owners, recruiters, brokers and/or any entity or individual engaging in unethical, or illegal recruitment such as charging recruitment fees, practising deception, threats or any other kind of abuse for the purpose of recruitment;
- Increasing the penalties for convicted traffickers, so justice is appropriate, meaningful, and guarantees non-repetition;
- Investigating, prosecuting and convicting hospitals, medical facilities and/or clinics for the manipulation of health tests for the purpose of migration;
- Ensuring effective victim protection during investigations and prosecution;
- Continuing to provide victims who need it, with transportation to make sure they do not miss their appointments.
Strengthen remedy efforts to address human trafficking.
Remedy is a key element for supporting a victims’ recovery, reinstating their rights and preventing re-victimisation. Sierra Leone, as a signatory to the Palermo Protocol, should ‘ensure its domestic legal system contains measures that offer victims of trafficking in persons the possibility of obtaining compensation for damage suffered.’ These remedies taken from the ‘Draft Basic Principles on the right to an effective remedy for victims of trafficking in persons’ developed by the Special Rapporteur should include:
- Restitution. To restore the victim to their original situation before trafficking or exploitation occurred as best as possible. For those trafficked outside of Sierra Leone, this should include reintegration support and addressing root causes of trafficking to ensure that upon victims return to the pre-existing situation will not put her at risk of being trafficked.
- Rehabilitation and recovery. This should include medical and psychological care, as well as providing an accessible shelter and access to medical services. It should also include information about their legal rights and how to access justice. This support should consider a non-conditional recovery period.
- Compensation. Financial support can help a victim to rebuild their life. This includes, for example, access to compensation from the State for injuries and damages and mechanisms created for victims of human trafficking to recoup any fees paid to recruiters/brokers/traffickers.
Increase awareness to prevent human trafficking.
Increasing awareness on human trafficking is the first step for an effective anti-trafficking strategy. We recommend:
- Creating a public awareness campaign to improve awareness of safe migration practices in line with Convention 189 and the Dhaka Principles. The campaign should include information on:
- What is ethical recruitment and what is not
- The prohibition of recruitment fees
- How to identify red flags for deception/human trafficking
- How to access a hotline and report any issues
- The campaign should ensure it targets vulnerable populations, especially women who are:
- Between the ages of 22 and 40 years old (see Demographics, reasons for migrating and migration routes)
- Breadwinners, especially those who lack family support (e.g. single mothers, orphans, parents with disabilities, etc.) (see Reasons for migrating)
- Living in poverty
- In the rural areas (see Who is the recruiter?)
- Requiring an educational session for migrating Sierra Leoneans to prepare them with reliable and accurate information on employment and life in the Gulf Countries. This should include an explanation of proper recruitment practices, signs of potential human trafficking, labour and sexual exploitation, and information on available grievance mechanisms in relevant countries in case when and if support is needed.
Continue strengthening collaboration with Guinea to prevent smuggling and human trafficking between countries.
Guinea being identified as the main country from which Sierra Leoneans travelled to Oman, it is important to strengthen enforcement and monitoring mechanisms to prevent smuggling and human trafficking between countries. We recommend:
- Continuing to strengthen monitoring of porous border points, and develop relevant processes to prevent Sierra Leoneans being smuggled through these points, including by addressing corruption and bribery;
- Continuing to increase border control at relevant entry points;
- Addressing gaps in policies, implementation and enforcement, to disrupt smuggling and trafficking networks.
Ensure clear regulations are in place that prohibit employers from confiscating or withholding any personal documents to address the widespread practice of confiscating domestic workers’ passports
It has been observed that different reports and articles mention a circular that prohibits the confiscation and withholding of workers’ passports, including those of domestic workers. However, this circular is not publicly available and thus it is not clear whether it is actually prohibited. Nevertheless, it is important to monitor and enforce the prohibition of confiscating and withholding workers’ passports as it is a common practice. We recommend:
- Prohibiting and criminalising the confiscation and withholding of a domestic worker’s documents. A regulation must be in place to prohibit the confiscation and/or withholding of domestic workers. This regulation should also state the penalties when and if an employer or recruitment office is found to have confiscated and/or is withholding a domestic worker’s documents. This regulation must be monitored and strictly enforced.
It is important to make sure that this prohibition is clear and communicated to recruitment offices and society through awareness raising campaigns. In addition, continuous monitoring must be in place, holding accountable those responsible for confiscating domestic workers’ passports and contributing (knowingly or otherwise) to human trafficking and forced labour.
Criminalise all forms of violence in the workplace, including the domestic work sector, to address all forms of violence and harassment
In Oman there are no laws that specifically protect domestic workers from workplace violence or harassment. We recommend:
Developing legislation to criminalise all forms of workplace violence and harassment that include the domestic work sector and that applies to both recruiting offices and homes, the place of employment.