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Comments adopted by the CEACR: Liberia

Adopted by the CEACR in 2022

C144 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the information provided by the Government in response to its previous comments initially made in 2015. The Government reports that the National Tripartite Council (NTC) was reconstituted in 2018 to include nine members, divided equally among the tripartite partners. The NTC is presided over by the Minister of Labour. The Government indicates that tripartite consultation has embraced diverse matters that include implementation of the Decent Work Act, harmonization of the national labour laws and pandemic safety measures for the workplace. It adds that NTC meetings are convened when issues arise, but are held at least twice per year. The Committee notes the Government’s indication that one of the key achievements of the NTC was the determination of a salary payment of 50 per cent for non-essential or other staff who were required to remain home during the COVID-19 pandemic. Noting the Government’s response concerning the frequency of consultations since 2018, the Committee once again requests the Government to provide detailed information on the content and outcome of the tripartite consultations held on each of the matters relating to international labour standards covered by Article 5(1)(a) through (e) of the Convention, including information as to the nature of any reports or recommendations made as a result of the consultations held.
Article 5(1)(b). Submission to the National Legislature. The Government reports that, while the NTC has begun discussions on the various Conventions referenced by the Committee in its previous comments, the pandemic has adversely affected the space on the legislative agenda for many matters. Noting that the Government’s report provides no information with respect to tripartite consultations held on proposals to be made to the National Legislature in connection with the submission of 21 instruments adopted by the International Labour Conference, the Committee reiterates its request that the Government provide information on the effective tripartite consultations held with regard to the submission to the National Legislature of the 17 Conventions and Recommendations adopted by the Conference between 2000 and 2014, as well as the Protocols adopted in 1990, 1995, 2002 and 2014. In addition, the Committee requests the Government to provide information regarding the tripartite consultations held in relation to the four Conventions and Recommendations adopted by the Conference between 2015 and 2019.

Adopted by the CEACR in 2021

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comments, the Committee requested the Government to indicate whether measures had been taken or were envisaged to relieve labour inspectors of conciliation duties and to entrust this function to another body. The Committee notes that the Government indicates in its report that, as from 2019, labour inspectors are dedicated full time to the performance of inspection duties and have been relieved of conciliation duties, these functions being performed by the Legal Section of the Ministry of Labour. The Committee notes, however, that the Government also indicates that the inspection of work permits of foreigners was added to the duties of labour inspectors. In this respect, it notes that section 8.2(d) of the Decent Work Act of 2015 provides that labour inspectors are to perform such additional functions as may be prescribed. The Committee recalls that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the objective of labour inspection. The Committee therefore requests the Government to take the necessary measures to ensure, in accordance with Article 3(2) of the Convention, that additional duties which are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers are assigned to labour inspectors only insofar as they do not interfere with their main objective, to secure the enforcement of legal provisions relating to conditions of work and the protection of workers, as required under Article 3(1) of the Convention. Furthermore, the Committee requests the Government to indicate if any other additional function is entrusted to labour inspectors under section 8.2(d), of the Decent Work Act, and to indicate the time and resources allocated by labour inspectors to each of their duties, as compared to those allocated to their primary functions.
Articles 4, 10 and 11. Organization and effective functioning of the labour inspection services, including the allocation of adequate human resources and material means. With reference to its previous comments, the Committee notes that under section 8.1(a) of the Decent Work Act, the Minister shall appoint as many labour inspectors as are necessary to carry out adequately the functions of the inspection system. In this regard, it notes the information provided by the Government according to which the number of inspectors has increased to 54 (25 inspectors more than in 2015) distributed as follows: 28 inspectors are assigned to the 14 rural counties of Liberia and 24 are assigned to the central office, in addition to the Inspector General and his Deputy. The Committee notes that the Government refers to the limited material resources, such as computers, printers and photocopy machines, available to the labour inspectorate. It also notes that the Government indicates that the inspection services are funded within the constraints of the general state budget, and that a budget allocation has been requested to make the regional offices of the labour inspectors functional and effective. Taking due note of the increase in the number of labour inspectors, the Committee requests the Government to intensify its efforts to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the inspection functions, taking into account the criteria set out in Article 10(a) to (c). It also requests the Government to adopt the necessary measures to ensure that labour inspectors have the necessary material means to carry out their functions effectively, including local offices, suitably equipped and accessible to all persons concerned and adequate means of transport, in accordance with Article 11 of the Convention.
Article 6. Status and conditions of service of the inspection staff. The Committee notes the information provided by the Government, in response to its previous request in this respect, that inspection staff are civil servants governed by the Civil Service Act and that their compensation is in accordance with the Annual Budget Law, the Social Security Law, the Civil Service Act,. In this respect, the Committee notes that the Standing Orders for the Civil Service of 2012 provide for the maintenance of official Civil Service Classification and Pay Plans through regular reviews and periodical comparative salary studies (section 1.2.4). The Committee requests the Government to provide detailed information on the conditions of service of labour inspectors, including illustrative figures on their remuneration and career prospects, also in relation to the remuneration and career prospects of other officials specifically identified as exercising similar functions.
Article 7. Initial and subsequent training of labour inspectors. Further to its previous comments, the Committee notes that the Government indicates that intensive and regular training sessions are provided to labour inspectors by the central authority and regional offices throughout the country in order for inspectors to keep abreast of national and international labour standards, the roles, powers and duties of labour inspectors, policy issues and action planning. The Committee requests the Government to continue to provide specific information on the initial and subsequent training given to labour inspectors, including details on the number of participants, subjects covered, and frequency of the trainings.
Article 12(1)(a). Extent of the right of free entrance of labour inspectors to workplaces liable to inspection. In its previous comments, the Committee requested the Government to provide information on any progress made to bring the national legislation into conformity with the requirements of Article 12(1)(a). The Committee notes the Government's reference to section 8.3(a) of the Decent Work Act, which provides that labour inspectors can enter freely and without previous notice at any hour of the day into a workplace liable to inspection. The Committee observes that the Decent Work Act does not contain a provision allowing inspectors to enter a workplace subject to inspection at any time during the night. The Committee once again requests the Government to take the necessary measures to ensure, in accordance with Article 12(1)(a) of the Convention, that labour inspectors are legally authorized to enter and inspect workplaces subject to inspection not only during the day, but also at any hour of the night, and to provide information on the measures taken in this respect.
Article 13(2) and 17(1). Measures to be ordered with immediate executory force. Prompt legal proceedings without previous warning. With reference to its previous comments, the Committee indicates that under section 8.4 of the Decent Work Act, labour inspectors are empowered to issue a compliance notice if they reasonably believe that a person is violating or has violated a provision of the Act or the regulations. It also indicates that under section 8.4(b)(iii), compliance notices could have time limits of up to 28 days to remedy a contravention. The Government adds that if a person fails or refuses to comply with a notice issued by the labour inspector, the inspector may bring a verified complaint in writing to the Ministry to enforce compliance through administrative hearings. The Committee further notes that pursuant to section 28.2 of the Decent Work Act, labour inspectors are empowered to issue prohibition notices in case of imminent risk to the safety of health of workers. The Committee requests the Government to provide information on the number of verified complaints and prohibition notices issued by labour inspectors per year and to indicate the causes of such notices and their outcomes, including any court proceedings and sanctions imposed. The Committee also requests the Government to provide information on the provisions of national legislation establishing that persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, except in cases in which previous notice to carry out remedial or preventive measures is to be given, as prescribed by Article 17(1) of the Convention.
Article 15(b) and (c). Extent of the obligation of secrecy aimed at protecting employers’ rights. Confidentiality of the source of a complaint. Further to its previous comments, the Committee notes the Government's reference to section 8.9(a) of the Decent Work Act, which provides that labour inspectors are prohibited, even after termination of their employment with the Ministry, from disclosing, except as required by their duties, any information coming to their knowledge in the course of their employment. It also notes that according to section 8.9(d) of the Decent Work Act, a labour inspector who violates this section shall be removed from Office. In addition, the Government indicates that the inspectorate has limited documentation capacity, which means that, in some cases, inspection documentation is printed out in other divisions of the Ministry, posing a risk to confidentiality. The Committee notes that under section 8.8 of the Decent Work Act, the identity of a person who makes a complaint may be disclosed if the persons consents, or if the disclosure is to a person interested, on reasonable grounds necessary to the administration of the Act or any other law. The Committee recalls that compliance with the confidentiality of the source of any complaint is a prerequisite for the effectiveness of labour inspection. The Committee requests the Government to take the necessary measures, including improved documentation capacity, to ensure that labour inspectors treat as absolutely confidential the source of any complaint bringing to their attention a defect or non-compliance with the legal provisions and to provide information on the measures taken in this respect.
Articles 20 and 21. Annual reports on the activities of the labour inspection services. The committee notes with regret that once again no annual report has been received which would enable the Committee to evaluate the application of the Convention in practice. It also notes that while the Government indicates that the inspectorate provides regular updates and contributes to the Ministry's annual report, no information has been provided on the number of inspection visits carried out and the number of employees covered by such visits. The Committee requests the Government to take the necessary measures to ensure that an annual report on the activities of the labour inspection services is prepared, published and transmitted to the ILO within the time limit laid down in Article 20(3) and containing the information required under Article 21(a) to (g) of the Convention.

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Article 4 of the Convention. Organization and operation of the labour administration system and coordination of responsibilities. The Committee notes that in reply to its previous comment, the Government provides an organizational chart of the Ministry of Labour. In this respect, the Committee notes that the composition of the Ministry includes the Division of Regional Labour Affairs, the Division of Tripartite Affairs, the Division of Trade Union and Social Dialogue, the National Bureau of Employment and the National Commission on Child Labour. The Committee notes, however, that the Government did not provide information on the activities of the Ministry of Labour. The Committee therefore requests the Government to provide information on the activities of public administration bodies responsible for and/or engaged in labour administration, whether they are ministerial divisions or departments, including parastatal and regional or local agencies. It also requests the Government to provide information on the existence of any institutional framework for the coordination of the activities of such bodies.
Article 5. Consultation, cooperation and negotiation bodies. With reference to its previous comments, the Committee notes that the Government indicates that the National Tripartite Council discussed the application of the Decent Work Act, the recommendations and outcomes of the National Labour Conference, and the effects of COVID-19 in workplaces. The Government also indicates that the process of harmonizing the provisions governing the workforce administered by the Ministry of Labour and the provisions governing civil servants administered by the Civil Service Agency was renewed in the framework of the 2018 National Labour Conference. The Government adds that the COVID-19 crisis has led to a delay in the implementation of the Conference's recommendations, which included further dialogue on the harmonization of labour laws. The Government further indicates that consultation between public authorities, employers and workers also takes place at the local level, and that the Minister is represented in each county by at least one commissioner. Furthermore, the Committee notes the Government's indications that the Minimum Wage Board has not yet been established due to financial constraints. Lastly, the Committee notes the information provided by the Government indicating that the National Child Labour Commission receives a budget allocation of $30,000 per year, largely earmarked for staff salaries, and that it receives office supplies and equipment as part of the Ministry's general administrative support. The Committee requests the Government to provide information on the process of harmonization of the provisions governing the private and public workforce and on the steps taken in order to establish the Minimum Wage Board. It also requests the Government to provide detailed information on the consultations held between public authorities and employers, workers and their representatives at the local level.
Article 6(2)(a) and (b). National employment policy. Study and review of the situation of persons in relation to employment. Further to its previous comments, the Committee notes that the Government indicates that the national employment policy established in 2009 needs to be revised, and that consultations on the assessment of its results and on the formulation of the new policy are at the initial stage. The Government also indicates that it issued a COVID-19 Workplace Guide and subsequently amended it to provide for the payment of 50 per cent of wages to workers who had been considered non-essential and requested not to work. The Government adds that during the pandemic public employees, who are largely governed by the Civil Service Standing Orders, obtained full earnings, whether they were considered as essential workers or not. The Committee requests the Government to provide information on the progress made in the establishment and implementation of a new national employment policy, including the results of the consultations held in this regard. It also requests the Government to provide information on the activities carried out by the National Bureau of Employment, in particular with regard to the study and review of the situation of employed, unemployed and underemployed persons.
Article 10. Training. Conditions of service. Human resources, material and financial means. With reference to its previous comments, the Committee notes that based on the organizational chart of the Minister of Labour provided by the Government, the Deputy Minister for Administration is composed of several departments, including the Division of Finance and Administration and the Division of Personnel. The Committee notes that the Government did not provide information on the training activities provided to the personnel of the Ministry of Labour during their employment and the resources available to them for the performance of their duties. Therefore, the Committee requests the Government to provide information on the training held and material and financial means assigned to the labour administration personnel for the performance of their duties, including information on the number of participants, subjects covered, and duration of training sessions.

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations made by the African Regional Organisation of the International Trade Union Confederation (ITUC-Africa), received on 31 August 2021, denouncing the dissolution of a trade union by a state-owned company; the use of police force to break up peaceful strikes; and the arrest of union leaders and wrongful dismissal of workers for their participation in strike actions. The Committee requests the Government to provide its comments in this regard.
The Committee had previously noted the observations made by the National Health Workers’ Union of Liberia (NAHWUL), received on 1 October 2020, alleging the Government’s failure to grant it legal recognition, which it considered even more detrimental in the context of the COVID-19 pandemic, as well as infringements of the right to strike. The Committee notes the Government’s reply that, since 2018, the Ministry of Health has given functional acceptance of NAHWUL as a body representing its members, pending the revision of appropriate national laws. The Government states that this has entailed the reinstatement to employment of the NAHWUL leadership, their integration into decision making and privileges such as study opportunities, and their involvement in the monitoring of the conditions of health workers around the country, with provision of logistical and other support. The Committee requests the Government to provide additional information as to other pending allegations raised in NAHWUL’s observations and, recalling the recommendations of the Committee on Freedom of Association concerning case No. 3202 [see Report No 384, paragraph 387], to inform on the specific steps taken to ensure that this organization can be granted full legal recognition without further delay.
Scope of application. In its previous comments, the Committee had noted that section 1.5(c)(i) and (ii) of the Decent Work Act of 2015 (the Act) excluded from its scope of application work falling within the scope of the Civil Service Agency Act. The Committee had previously noted the Government’s indication in 2012 that the legislation guaranteeing the right of public employees to establish trade unions (the Public Service Ordinance) was being revised with the technical assistance of the Office and had requested it to report on any developments in this regard. The Committee notes the Government’s indication that the employees of state enterprise are already being represented by unions of their choosing, and that other public servants, including public defenders and prosecutors, have their collective bodies that seek their wellbeing and articulate their interests without seeking to be described as unions. The Committee further notes the Government’s acknowledgement that the Act does not cover workers in the mainstream public sector and indicates that a national labour conference was convened in 2018 to create a framework for the harmonization of the Act and the Civil Service Standing orders. Recalling that all workers, with the sole possible exception of the police and the armed forces, are covered by the Convention, the Committee requests the Government to provide specific information on developments in this regard and to detail what legal provisions ensure that public sector workers enjoy the rights and guarantees set out in the Convention, including provisions drafted or envisaged for enactment and the time frame expected for such enactment.
The Committee had noted that section 1.5(c)(i) and (ii) of the Act also exclude from its scope of application, officers, members of the crew and any other persons employed or in training on vessels. The Committee had therefore requested the Government to indicate how the rights enshrined in the Convention are ensured to maritime workers, including trainees, and to indicate any laws or regulations adopted or envisaged covering this category of workers. The Committee notes the Government’s indication that Liberia’s Maritime Regulations 10-318.3, addressed to accommodation and recreational facilities, incorporate by reference the terms of the Maritime Labour Convention (MLC) as inherent parts of the conditions of work on flagged vessels and that a further review of how these provisions are applied in practice is planned in line with the report on the MLC, which is due in 2022. Noting that the Government has not provided the specific information requested regarding how the particular rights enshrined in the Convention are ensured to maritime workers, the Committee once again requests that the Government provide detailed information as to how, both in law and in practice, these particular rights are ensured to maritime workers, including trainees.
Article 1 of the Convention. Right of workers, without distinction whatsoever, to establish organizations. The Committee had noted that section 2.6 of the Act provided that all employers and workers, without distinction whatsoever, may establish and join organizations of their own choosing without prior authorization, and subject only to the rules of the organization concerned, and that section 45.6 of the Act recognized the right of foreign workers to join organizations. The Committee had requested the Government to indicate whether, in addition to the right to join organizations, foreign workers are entitled to establish organizations of their own choosing. The Committee notes the Government’s indication that the right to establish organizations exists for foreign workers, that there is no prohibition to the establishment of bodies solely composed of foreign workers or foreign employers and it refers in this respect to existing bodies like the World Lebanese Cultural Union and the Indian Community, although adding that these consist of both employers and employees and give attention to issues affecting the wellbeing of people of their nationality in general. Having duly noted this information, the Committee requests the Government to take any necessary measures, including through the amendment of section 45.6 of the Act, to ensure that the right to establish organizations to defend their occupational interests is fully recognized to foreign workers both in law and in practice, as well as to provide information on any developments in this regard.
Article 3. Determination of essential services. The Committee had noted that the National Tripartite Council (established under section 4.1 of the Act) has the function to identify and recommend to the Minister services that are to be considered essential, which are those that in the opinion of the National Tripartite Council, if interrupted, would endanger the life, personal safety or health of the whole or any part of the population (section 41.4(a) of the Act). The Committee had further noted that upon considering the recommendations of the National Tripartite Council, the President decides whether or not to designate any part of a service as an essential service and publishes a notice of the designation of that essential service in the Official Gazette (section 41.4(c) of the Act), and in making this decision, the President is neither bound by nor obliged to follow the recommendations of the National Tripartite Council (section 41.4(d) of the Act). The Committee had therefore requested the Government to indicate whether, in determining which services are considered essential, the President is bound by the definition of the notion of essential services set out in section 41.4(a) of the Act, and had also requested the Government to provide information on how the designation of essential services (section 41.4 of Act) has operated in practice. The Committee notes the Government’s indication that since the Act took full effect in 2018, the nation has been gradually setting up its required structures and instituting its full provisions, and that the formal designation of essential services is one of those tasks that is subject to the recommendation of the National Tripartite Council, which is yet to occur. The Committee notes that the Government emphasizes that placement of industries or workers in different categories as a method of epidemic response or control should not be perceived as a designation of essential services within the context of section 41.1 of the Act. The Committee requests the Government to continue to provide information on any developments with regard to the designation of essential services by the National Tripartite Council and how such designation operates in practice, as well as to clarify whether the President is also bound by the definition of the notion of essential services set out in section 41.4(a) of the Act (services the interruption of which would endanger the life, personal safety or health of the whole or any part of the population of Liberia), and to provide information on any presidential decisions concerning the designation of essential services and how such designation operates in practice.

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations made by the African Regional Organisation of the International Trade Union Confederation (ITUC-Africa), received on 31 August 2021, alleging acts of anti-union discrimination and interference in trade union internal affairs by a state-owned company and its refusal to bargain collectively.  The Committee requests the Government to provide its comments in this regard.
Scope of the Convention. In its previous comments, the Committee had noted that section 1.5(c)(i) and (ii) of the Decent Work Act of 2015 (the Act) excluded from its scope of application work covered by the Civil Service Agency Act. Furthermore, the Committee had noted the Government’s indication in 2012 that the legislation guaranteeing the right of collective bargaining of public servants and employees in state enterprises (Ordinance on the public service) was under revision with the technical assistance of the Office, and had requested it to provide information on any developments in this regard. The Committee notes that the Government acknowledges that the Act does not cover workers in the mainstream public sector and indicates that a national labour conference was convened in 2018 to create a framework for the harmonization of the Act and the Civil Service Standing Orders. Recalling that all workers, except the armed forces and the police, as well as public servants engaged in the administration of the State, are covered by the Convention, the Committee expresses the firm hope that the legislation will soon be brought into conformity with the Convention and requests the Government to provide information on developments in this regard.
The Committee had also noted that section 1.5(c)(i) and (ii) of the Act also excludes from its scope of application, officers, members of the crew and any other persons employed or in training on vessels. The Committee had therefore requested the Government to indicate how the rights enshrined in the Convention apply to these workers, including any laws or regulations, adopted or envisaged, covering them. The Committee notes the Government’s indication that Liberia’s Maritime Regulations 10-318.3 incorporate by reference the terms of the Maritime Labour Convention (MLC) as inherent parts of the conditions of work on flagged vessels and that a further review of how these provisions are applied in practice is planned in line with the report on the MLC, which is due in 2022. Noting that Liberia’s Maritime Regulations 10-318.3 refers to shipboard living conditions and recreational facilities, the Committee requests the Government again to detail how, both in law and in practice, the rights enshrined in the Convention are ensured to maritime workers.
Article 1 of the Convention. Adequate protection against anti-union discrimination. In its previous comment, the Committee had noted the various provisions of the Act that guarantee the protection against acts of anti-union discrimination. The Committee had requested the Government further information on the sanctions applied in cases of acts of anti-union discrimination and to provide statistics on the number of cases of discrimination examined, the duration of the procedures and the type of penalties and compensations ordered. The Committee notes the Government’s indication that the Ministry ruled in favour of the workers in the three cases of anti-union discrimination brought up during the period under review and ordered the reinstatement of the workers. While noting that section 14.10 of the Act provides for dissuasive sanctions in the event of termination of employment due to violations of the worker’s or the employer’s rights under the Act, including the possibility for Ministry or court to order the reinstatement of the worker, the Committee recalls that adequate protection against acts of anti-union discrimination should not be confined to penalizing dismissal on anti-union grounds, but should cover all acts of anti-union discrimination (demotions, transfers and other prejudicial acts) at all stages of the employment relationship, regardless of the employment period, including at the recruitment stage.  The Committee requests the Government to take, after consultation with the representative organizations of workers and employers, necessary legislative and regulatory measures to guarantee the application of sufficiently dissuasive penalties against all acts of anti-union discrimination. It also requests the Government to continue to provide detailed statistics on the number of complaints of anti-union discrimination received by the relevant authorities, the average duration of the proceedings and their outcome, and the types of remedies and sanctions imposed in those cases.
Article 2. Adequate protection against acts of interference. The Committee recalls that for many years it has been requesting the Government to take measures to introduce in the legislation provisions guaranteeing adequate protection for workers’ organizations against acts of interference by employers and their organizations, including sufficiently effective and dissuasive sanctions. The Committee notes the Government’s indication that the Ministry of Labour has issued directives against interference with the activities of workers’ organizations and that it desires to ensure that the workers and employers’ interests coexist harmoniously. The Committee requests the Government to provide a copy of the Ministry of Labour’s directives against interference in trade union’s activities. Furthermore, noting the observations made by the ITUC alleging acts of interference, and recalling the importance of the effective prohibition by the national legislation of all of the acts of interference covered by Article 2, the Committee once again requests the Government to take the necessary measures to include in the relevant legislation provisions explicitly prohibiting acts of interference and providing for sufficiently dissuasive sanctions and rapid and effective procedures against such acts.
Article 4. Promotion of collective bargaining. The Committee had noted that, under the Act, trade unions that represent the majority of the employees in an appropriate bargaining unit are able to seek recognition as exclusive bargaining agents for that bargaining unit (section 37.1(a)), and that if the trade union no longer represents this majority, it must acquire a majority within three months, otherwise, the employer shall withdraw recognition from this trade union (section 37.1(k)). The Committee recalled that while it is acceptable that the union which represents the majority or a high percentage of workers in a bargaining unit should enjoy preferential or exclusive bargaining rights, it considers that, if no union reaches the required majority to be designated as a bargaining unit, minority unions should be given the possibility to bargain collectively, jointly or separately, at least on behalf of their own members. The Committee therefore requested the Government to indicate whether, if no union represents this majority the minority unions in the same unit enjoy collective bargaining rights, at least on behalf of their members. In the absence of information from the Government in this respect, the Committee reiterates its request.
Settlement of disputes affecting national interest. The Committee had noted that section 42.1 of the Act underlined prerogatives of the President, Minister and National Tripartite Council with regard to disputes affecting the national interest. The Committee had requested the Government to provide additional information regarding those prerogatives, and to indicate the extent to which section 42.1 of the Act provides the parties with complete freedom of collective bargaining and does not alter the principle of voluntary arbitration. The Committee notes the Government’s information that while the Ministry has not formally classified any dispute addressed since the advent of the Act as a dispute affecting the national interest, the process of voluntary arbitration is being protected in all disputes. In the absence of a response with regard to the exercise of the prerogatives granted to the public authorities by section 42.1 of the Act, the Committee reiterates its request.
Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements signed and in force in the country and to indicate the sectors and levels concerned as well as the number of workers covered.

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention. Scope of application. Legislation. In its previous comments, the Committee noted that section 356 of the Maritime Law provides narrower protection against discrimination than required by the Convention and asked the Government to take steps to review this section to cover all the stages of employment, including recruitment and termination of employment as well as to include at least all the grounds enumerated in the Convention (sex, religion, political opinion, national extraction, and social origin). In its report, the Government indicates that a review on the application in practice of section 356 of the Maritime Law is planned and that details in this regard will be provided in the report on the application of the Maritime Labour Convention, 2006 due in 2021. While taking note of this information, the Committee recalls that the Convention applies to all workers and repeats its request to the Government to take steps to align the legislation on the protection of seafarers against discrimination in employment and occupation with the requirements of the Convention.
Article 1(1)(a). Discrimination on the ground of sex. Sexual harassment. The Committee had asked the Government to provide information on the concrete steps taken to inform civil servants of their right to be protected from sexual harassment and the procedures in place to report and address this form of discrimination. It also asked the Government to continue to take active steps to raise awareness at all levels and in all sectors of the economy among workers, employers and their organizations and among enforcement officials, of the legal and practical measures available to prevent and eliminate sexual harassment in employment and occupation. The Government indicates that information on sexual harassment is being provided in the context of events like the celebration of International Women’s Day at Ministries, Agencies and Commissions. The Government further indicates that a Gender Unit has been recently established within the Ministry of Labour to promote gender equality in employment and this includes work on the issue of sexual harassment. In addition, human resources officers are charged with taking due notice of concerns raised regarding sexual harassment. Noting that the Government does not provide information on the specific measures in place to report and address sexual harassment, the Committee recalls that the range of practical measures to address the issue can include helplines, legal assistance or support units to assist victims, structures mandated to institute labour-related proceedings regarding cases of sexual harassment, and training for the social partners and labour inspectors (2012 General Survey on the fundamental Conventions, paragraph 794). The Committee asks the Government to provide detailed information on the specific measures adopted to report and address sexual harassment, in both the public and the private sectors. For the public sector, the Committee asks the Government to provide information in particular on the complaints procedures in place, the training of civil servants on this specific form of discrimination, and the number of cases of sexual harassment dealt with and their outcome. For the private sector, the Committee asks the Government to provide information on all the measures adopted to raise awareness at all levels and in all sectors of the economy among workers, employers and their organizations and among enforcement officials, on the legal and practical measures available to prevent and eliminate sexual harassment.
Article 1(1)(b). Additional grounds of discrimination. Discrimination on the basis of real or perceived HIV status. In its last comment, the Committee encouraged the Government to step up its efforts to address discrimination and stigmatization against persons living with HIV in employment and occupation. The Government indicates that the Ministry of Labour has partnered with the National AIDS Commission (NAC) to ensure the implementation in practice of section 2.10 of the Decent Work Act, 2015 that prohibits HIV testing as a condition for employment. In 2019, one compliance notice was issued for non-compliance with the law in this regard. The Ministry of Labour is also collaborating with the NAC and other partners to revise the National HIV/AIDS Workplace Policy. The Committee recalls that the small number of notices issued for non-compliance may be an indicator of a lack of awareness of the national policy on discrimination based on HIV status, as well as a sign of the inadequacy of the complaints mechanisms and means of redress, or fear of reprisals. The Committee therefore asks the Government to provide detailed information on the activities conducted to raise awareness among workers, employers and their respective organizations, as well as among enforcement officials, on the issue of discrimination on the basis of HIV status in employment and occupation and the remedies available. It also asks the Government to provide information on the number of cases of discrimination in employment and occupation on the basis of real or perceived HIV status detected by, or brought to the attention of, the authorities (labour inspection, courts, or other relevant enforcement officials), as well as on the outcome of these cases. Further, the Committee asks that the Government provide updated information on the possible revision of the National HIV/AIDS Workplace Policy.
Article 2. National equality policy. The Committee asked the Government to take steps to develop, in consultation with workers’ and employers’ organizations, a comprehensive and multifaceted policy to promote equality and address discrimination covering all categories of workers and all sectors of the economy. The Government indicates that the National Employment Policy, 2009 (NEP) addresses the issue of discrimination and that discussions for the revision of the policy are ongoing. Furthermore, the Ministry of Labour conducts regular roundtables with human resources officers to promote equitable workplaces. On the adoption of positive measures, the Government refers to the work of the Ministry of Gender, Children and Social Protection directed at fostering the inclusion of women at all levels of society. The Ministry of Labour is also addressing issues that negatively affect gender equality and inclusion in the context of the Mothers at Work campaign. While taking note of this information, the Committee notes that the National Employment Policy was adopted in 2009 and recalls that regular monitoring of the implementation of plans and policies in terms of results and effectiveness is essential. Noting that the Government refers primarily to its policies addressing discrimination based on sex, the Committee also recalls that even though the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds in implementing the national policy (2012 General Survey, paragraphs 849 and 858). The Committee therefore asks the Government to take steps to review the effectiveness of the equality policies in place in the country and to adopt an updated national equality policy that covers all the grounds protected under the Convention, and all categories of workers and sectors of the economy. It asks the Government to provide specific information on the steps taken towards the development of this policy and to include details on the involvement of workers’ and employers’ organizations in this process.
Equality of opportunity and treatment between men and women. The Committee asked the Government to provide information on any activities carried out by the National Bureau of Employment (NBE) to promote specifically gender equality in employment, and on the results obtained in this regard. It also asked the Government to identify the steps taken to effectively implement the Small Business Empowerment Act of 2014, according to which at least 5 per cent of all public procurement contracts should be allocated to, and provided to, businesses owned by Liberian women, and their results (data on the number of public procurement contracts concluded with businesses owned by Liberian women).
The Committee notes that the Government does not report on the activities of the NBE, or on the results of the NEP towards achieving gender equality in employment and occupation. The Government refers to the recent creation of the Gender Unit within the Ministry of Labour. It also indicates that the Small Business Administration (SBA) at the Ministry of Commerce and Industry collaborates with the Public Procurement Concession Commission (PPCC) to implement the Small Business Empowerment Act of 2014. In 2016, 13 per cent of the procurement budget approved under the Small Business Empowerment scheme was received by women. Advocacy and public awareness-raising campaigns have been conducted through jingles, radio talk shows, brochures and flyers to encourage women to establish their own businesses and benefit from the advantages of the Act. The Committee further notes that according to the information reported in its 2019 report under the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), the Government has adopted a National Gender Policy 2018-2022 that provides for a number of measures to address the obstacles that hinder women’s effective participation in economic activities. The Government is also engaging women and girls through empowerment programs such as the Economic Empowerment of Adolescent Girls and young women (EPAG) which aims to increase self-development and wage employment and earnings. According to the same report, women are 24.1 per cent more likely than men to be employed in the informal sector. This could be ascribed to the traditional and cultural beliefs on the role of women. In the national review, the Government also reported that there is no specific policy on the recruitment or promotion of women within the civil service (Beijing+25 national report, pages 8 and 51). The Committee asks the Government to provide detailed information on the monitoring and impact of the National Gender Policy 2018-2022, the SBA scheme and the other programmes, plans and policies adopted to achieve equal opportunity and treatment of men and women in employment and occupation (such as statistical data information disaggregated by sex on the trends in access to employment, by sectors and occupations, and information on the wage levels). The Committee also asks the Government to provide information on the activities of the Gender Unit of the Ministry of Labour. Lastly, the Committee asks the Government to provide specific information on the measures adopted to promote women’s access to the formal labour market and civil service.
Women’s access to land and other productive resources. The Committee repeatedly asked the Government to provide information on the steps taken to promote and ensure women’s, including indigenous women’s, access to secure land tenure, and the impact of the new Land Rights Act of 2018 in this respect. The Committee also asked for information on any measures taken to promote women’s access to credit and material goods. The Government indicates that the Liberia Land Authority (LAA) has developed a Gender Integrated Strategy and conducted a nationwide awareness campaign on women land’s rights. LAA staff, local government authorities, community leaders, and youth group representatives received training on this matter. The Ministry of Commerce and Industry (MoCI) is collaborating with the Ministry of Agriculture for the implementation of the Smallholder Agricultural Transformation and Agribusiness Revitalisation Project (STAR-P) that includes a focus on promoting women’s role in agribusiness. The Government is also promoting a number of other programs designed along with the United Nations Development Programme and under which women are to receive in-kind and cash grants to develop their businesses. The Committee further observes that the Government reported in its Beijing +25 national report that 7,233 women have benefited directly from the new provisions of the Land Rights Act, 2018. However, the Government also indicated that studies have found that land inheritance by widows is often contingent on their willingness to marry a surviving male relative of their deceased husband despite the explicit ban of the practice. When daughters inherit land, their rights are often restricted to housing and ‘use rights’ to farm short-term crops. The Government further reported its commitment to provide robust support to increase the number of women entrepreneurs through micro finance loans and access to credit from financial institutions (Beijing+25 national report, pages 28, 29, and 49). The Committee asks the Government to continue its efforts to promote women’s access to secure land tenure, credit and material goods. It asks the Government to provide detailed information on the impact of the measures adopted in this regard. It also asks the Government to take steps to ensure that the measures adopted cover and address the specific needs of indigenous women.
National policy on equality with respect to grounds other than sex. Equality of opportunity of indigenous peoples. The Committee asked the Government to provide information on the situation of indigenous peoples in employment and occupation, including in traditional occupations, and to provide any statistics available, disaggregated by sex if possible. The Committee also asked the Government to provide information on the impact of the Land Rights Act of 2018 on the indigenous communities and their capacity to engage in and exercise their traditional activities. Lastly, the Committee asked the Government to provide information on any measures taken to ensure that access to credit, marketing facilities, agricultural extension and skills training facilities is provided to members of indigenous communities on an equal footing with other sectors of the population. The Government reports that the COVID-19 crisis has prevented the review of the impact of the Land Rights Act but indicates that the programme STAR-P, by focusing primarily on rural areas, will largely be of benefit to indigenous workers. While noting that the review of the impact of the Act has not taken place because of the COVID-19 pandemic, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and to make any necessary adjustments (2012 General Survey, paragraph 871). The Committee therefore asks the Government to provide data on the situation of indigenous workers in employment and occupation, disaggregated by sex. The Committee repeats its request for information on the impact of the Land Rights Act of 2018 to improve the employment situation of indigenous workers, and on any other measures to improve their access to credit and material goods.
Equality of opportunity of persons with disabilities. The Committee asked the Government to provide information on the situation of persons with disabilities in employment and occupation and to provide any statistics available, disaggregated by sex if possible. It also asked the Government to identify whether any affirmative action measures in the private and the public sectors have been adopted or are envisaged, pursuant to the adoption of the Decent Work Act, 2015, and to promote the access of disabled persons to employment, in particular public employment, and to different occupations. The Government reports on the launch in 2018 of the five-year National Action Plan for the Inclusion of Persons with Disabilities. While recent data on the employment of workers with disabilities are currently missing, such information will be collected in the context of the national census in the coming year. The Government has informed the Committee that, jointly with the social partners, it launched a Guide for the employment and protection of workers with disabilities in 2019. Lastly, the Government indicates that, in 2021, the National Commission on Disabilities reported that 27 workers with disabilities had been employed in the public sector and called for that figure to be increased. The Committee asks the Government to provide the information collected, in the context of the national census or otherwise, on the situation of workers with disabilities ,and to provide information on the implementation of the National Actional Plan for the Inclusion of Persons with Disabilities and its impact on the employment and working conditions of workers with disabilities.
Enforcement. The Committee asked the Government once again to provide information on the measures taken or envisaged to ensure the effective enforcement of the Decent Work Act, 2015, with respect to discrimination, through labour inspections and through complaints lodged with the courts. The Government reports that none of the complaints raised and issues brought or discovered during the inspections related to discrimination. The Committee recalls again that the absence of complaints does not necessary indicate that discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of the issue of discrimination among government officials, workers and employers, as well as the lack of access to or the inadequacy of complaints mechanisms. It also recalls that the supervision of the provisions against discrimination in employment and occupation often rests in the first instance with the labour inspection services. The Committee therefore asks again the Government to provide detailed information on the measures adopted to raise awareness on the complaint mechanisms available in cases of discrimination in employment and occupation, among workers, employers, and their respective organizations, as well as information on any training undergone by labour inspectors, court officials or other authorities to identify and address such situations. The Committee also asks the Government to provide detailed information, if possible disaggregated by sex, on the number of cases of discrimination in employment and occupation brought to, or identified by, the competent authorities and their outcome (including information on the sanctions imposed and the remedies granted).

C112 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s reports on the application of Conventions Nos 112, 113, and 114 on the fishing sector. In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on fishing, the Committee considers it appropriate to examine them together.
The Committee requested the Government to clarify whether the Liberian Maritime Law, RLM 107 and the Liberian Maritime Regulations, RLM-108 were applicable to fishers. The Committee notes with regret that the Government has not provided the clarification requested in this regard. Therefore, recalling that for numerous years the Government has been requested to provide information on the applicability of existing legislation to fishers, the Committee once again requests the Government to indicate the measures adopted to give full effect to the provisions of the Conventions, taking into account the points raised in previous observations.
Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of fishers’ rights as laid out in the Conventions. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on fishers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on fishers’ rights.
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