Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Liberia (Ratification: 1962)

The Committee notes the observations made by the African Regional Organization of the International Trade Union Confederation (ITUC-Africa), received on 11 September 2025, deploring the Government’s refusal to register the National Health Workers’ Union of Liberia (NAHWUL) and which are considered under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

At the outset, the Committee notes with regret that the Government’s report provides insufficient response to its previous comments, which were of a serious nature, concerning the recognition of the rights provided for in the Convention to large categories of workers, as well as the protection to be provided in cases of anti-union discrimination and interference. The Committee urges the Government to be more cooperative in future and to endeavour to provide detailed information on the measures taken to address the Committee’s requests. The Committee refers to its comments on the application of Convention No. 87 whereby it notes the conclusions and recommendations of a direct contacts mission which took place in July 2024 as well as a road map agreed by the Government and the social partners in 2025 to address the issues identified. It also notes the Government’s stated determination to align national legislation with international obligations. The Committee trusts that the labour law review in which the Government is engaged will further enable it to give effect fully to certain provisions of the Convention. Therefore, the Committee reiterates below its previous requests and urges the Government to provide detailed information on the measures taken.

Scope of application. Civil servants not engaged in the administration of the State. The Committee recalls its previous comments noting that the Decent Work Act of 2015 excludes from its scope workers covered by the Civil Service Agency Act. It also recalls the Government’s earlier indication that the legislation governing collective bargaining for public servants and state enterprise employees was under revision. The Committee recalled that all workers – except the armed forces, police and public servants engaged in the administration of the State – fall under the Convention. The Committee notes the conclusion of the direct contacts mission that the Civil Service Standing Orders do not grant civil servants the right to unionize or bargain collectively on salaries and working conditions. Civil servants are instead represented by the Civil Service Association, which lacks the full rights afforded to private sector trade unions. The Committee further notes the Government’s stated intention to undertake a holistic legal review – in particular the harmonization of the Decent Work Act and the Standing Orders of the Civil Service – to recognize trade union rights for civil servants, although registration of civil service unions is not foreseen pending such reforms, while public sector workers in state-owned enterprises and public utilities remain covered by the Decent Work Act and enjoy the same rights as private sector workers. The Committee expresses the firm hope that the labour law review will be expedited so to bring it into conformity with the Convention by granting civil servants, other than those engaged in the administration of the State, the rights enshrined in the Convention and requests the Government to provide information on progress made in this respect.

Maritime workers. Noting that section 1.5(c)(i) and (ii) also excludes officers, crew members and other persons employed or in training on vessels, the Committee had previously requested the Government to provide detailed information on how the rights enshrined in the Convention are ensured for maritime workers, both in law and in practice. The Committee notes, from the information provided under Convention No. 87, the Government’s indication that the maritime law of Liberia will be aligned with the Convention during the labour law harmonization process, including amending sections 1.5(c)(i) and (ii) of the Decent Work Act, which currently exclude maritime workers and trainees. The Committee expresses the firm hope that the labour law review will be expedited so to bring it into conformity with the Convention by granting maritime workers, including trainees, the rights enshrined in the Convention and requests the Government to provide information on progress made in this respect.

Article 1 of the Convention. Adequate protection against anti-union discrimination. In its previous comments, the Committee had recalled that adequate protection under Article 1 of the Convention must extend beyond dismissal to all forms of anti-union discrimination throughout the entire employment relationship, including recruitment. The Committee expects the Government to include this issue in the current labour law review and to engage in consultation with the representative organizations of workers and employers to determine necessary legislative and regulatory measures to guarantee the application of sufficiently dissuasive penalties against all acts of anti-union discrimination. The Committee requests the Government 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. In its previous comments, the Committee called for legislative provisions guaranteeing adequate protection for workers’ organizations against acts of interference by employers and their organizations, including sufficiently effective and dissuasive sanctions. The Committee expects the Government to include this issue in the current labour law review and 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. In its previous comments, the Committee had noted that, under the Decent Work 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)). Recalling its view 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 requested the Government to indicate whether if no union represents the majority of workers 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 recalls its previous request for clarification regarding the prerogatives granted to the President, the Minister and the National Tripartite Council under section 42.1 of the Decent Work Act in relation to disputes affecting the national interest, and on whether these powers fully safeguard the parties’ right to collective bargaining and the voluntary nature of arbitration. The Government merely indicates that this concern is acknowledged. The Committee encourages the Government to review section 42.1 of the Decent Work Act within the ongoing labour law review to determine whether this provision is consistent with the promotion of voluntary negotiation and provides the parties with complete freedom of collective bargaining and does not alter the principle of voluntary arbitration. The Committee request the Government to provide information on any development in this regard.

Collective bargaining in practice. Noting the mere indication that over 30 collective agreements exist,the Committee requests the Government to provide further 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. The Committee further requests the Government to provide information on the measures taken to promote collective bargaining in all the sectors covered by the Convention.