Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forced Labour Convention, 1930 (No. 29) - Liberia (Ratification: 1931)

Other comments on C029

Observation

Direct Request

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Articles 1(1) and 2(1) of the Convention. Forced labour and captivity practices as a consequence of the armed conflict. Over a number of years, the Committee has been drawing the Government’s attention to the situation of forced labour and captivity practices which took place in the south-eastern part of the country in connection with armed conflict, where persons were allegedly held hostage and used as a source of forced and captive labour. It requested the Government to provide information on the specific action taken to investigate the situation in the south-east as regards the alleged practices of forced labour, as well as on the measures taken to eliminate such practices.

The Committee notes the Government’s indication that a tripartite delegation was dispatched to the south-eastern counties of Sinoe, Maryland, River Gee and Grand Gedeh to conduct investigations on alleged forced labour and captivity practices. The interviews conducted had confirmed that during the civil war, several warring factions were engaged in the practice of forced labour and sexual violence. Since law and order have been restored, no incidence of forced labour was observed. Furthermore, an international non-governmental organization (Save the Children) has done substantial work in reuniting families since the cessation of hostilities.

Regarding the Liberian Truth and Reconciliation Commission (TRC), the Government indicates that the latter has completed its work recommending, among others, the prosecution of persons accused of gross human rights violations. An Independent National Human Rights Commission has also been established, in this respect. The Committee takes note of the TRC report released in 2009, which provides in-depth information on cases of violations and abuses of human rights collected from the victims of the armed conflicts. It notes that according to the TRC “the armed fighters in Liberia relied to a great extent on those who had been abducted to perform slave labour at the total mercy of their captors. This type of labour was used for both military and civilian tasks and included carrying heavy loads, arms, ammunition and foraging for food, fetching water, doing laundry, cooking and whatever else was needed. While statistics in the report show that men were the larger category of victims for this violation, women, who were abducted for forced labour were compelled to perform work for the fighters of all factions.”

The Committee requests the Government to provide, in its next report, full and detailed information on the measures taken to implement the recommendations of the TRC, in particular with regard to the number of prosecutions of the most serious offenders. In this regard, the Committee asks the Government to provide detailed information on the activities of the recently established Independent National Human Rights Commission.

Article 25. Application of really adequate and strictly enforced penal sanctions for the exaction of forced labour. The Committee notes the Government’s reference to the National Palaver Hut programme (or peace forums), as form of justice and accountability mechanism, aimed at promoting reconciliation between the communities and seeking the rehabilitation of, and reparation to, victims of the civil war. The Committee notes also that the TRC report recommends a reparations programme of US$500 million over a period of 30 years and that all direct victim support programmes must be implemented including memorials, victim support, and the process of prosecution.

While taking due note of these measures and encouraging this process, as a first step towards the rehabilitation of the victims, the Committee recalls that, under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation of the State to ensure that the penalties imposed are really adequate and are strictly enforced. The Committee therefore hopes that the necessary action to give effect to this Article will be taken in the near future, by imposing penal sanctions on persons convicted of having exacted forced labour, and that the Government will provide, in its next report, information on any legal proceedings which have been instituted for that purpose and on any penalties imposed.

The Committee is raising other points in a request addressed directly to the Government.