Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Liberia (Ratification: 1962)

Other comments on C087

Observation

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The Committee takes note of the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, referring to issues addressed by the Committee below.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 110th Session, May–June 2022)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards (the Conference Committee) in June 2022 concerning the application of the Convention. The Committee notes that the Conference Committee urged the Government to: (i) ensure that all workers are able to exercise their labour rights under the Convention in an environment of respect for civil liberties, including freedom of association, freedom of expression, peaceful assembly and protest without interference and fear for their personal safety and bodily integrity; (ii) ensure that trade union leaders and members are not jailed for engaging in trade union activities and that threats against trade union leaders for their activities are fully investigated and the perpetrators duly punished; (iii) enact measures, including dissuasive sanctions, to ensure that trade unions can only be dissolved by a judicial authority, only as a last resort for serious violations of law; (iv) resolve the registration of the National Health Workers’ Union of Liberia (NAHWUL) as a trade union organization without further delay and provide additional information on any pending allegations; (v) review the Decent Work Act and any other related legislation to ensure that all workers, including foreign workers, are able to exercise the right to form or join a trade union of their choice; and (vi) ensure that public sector workers enjoy the protection of the freedom of association rights under the Convention. The Conference Committee invited the Government to avail itself of technical assistance from the Office.

The Committee had previously requested the Government to provide its comments on the observations made by the African Regional Organization of the International Trade Union Confederation (ITUC – Africa) 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 notes the Government’s indication that it cannot validate those observations, as the Ministry of Labour has not received a complaint from any individual or institution. The Government indicates it will provide its comments once institutional or individual complaints reach the Ministry. The Committee recalls that it is the responsibility of the Government to ensure the application of the Convention which it has ratified and in this respect, emphasizes the importance for the Government to investigate the allegations of violations of trade unions rights, including those brought by international organizations of workers to the Committee, with the view to providing the Committee with a full and accurate reply. The Committee urges the Government to conduct an independent investigation into the ITUC allegations without further delay and to provide information on the outcome.

The Committee had also previously requested the Government to provide information on the allegations raised by the NAHWUL concerning the Government’s failure to grant it legal recognition, as well as infringements of the right to strike. The Committee notes the Government’s indication that it is currently working with the relevant stakeholders to harmonize the Decent Work Act and the Civil Servant Standing orders to ensure full legal recognition of the NAHWUL. The Government indicates it does not have any additional information to provide with regard to the other allegations raised by the NAHWUL. The Committee notes that according to the ITUC’s most recent observations, while the Government has given functional acceptance to the NAHWUL, it continues to deny legal recognition. The Committee further notes the ITUC allegation of the Government’s increasing intolerance of workers exercising their civil liberties and rights under the Convention. The ITUC reports, in particular, that the General Secretary of the NAHWUL alleged state surveillance of his activities and threats against his life. TheCommittee urges the Government to take all necessary measures to grant the NAHWUL full legal recognition through the harmonization of the Decent Work Act and Civil Servant Standing orders and requests the Government to provide information on all developments in this respect. The Committee further requests the Government to provide its comments on the allegations of the ITUC pertaining to the exercise of civil liberties and labour rights. In this respect, withreference to the conclusions of the Conference Committee, this Committee urges the Government to provide information on all measures taken in consultation with the social partners to ensure that: (i) all workers are able to exercise their labour rights under the Convention in an environment of respect for civil liberties, including freedom of association, freedom of expression, peaceful assembly and protest without interference and fear for their personal safety and bodily integrity; and (ii) trade union leaders and members are not jailed for engaging in trade union activities and that threats against trade union leaders for their activities are fully investigated and the perpetrators duly punished.

Scope of application. In its previous comment, the Committee had requested the Government to provide specific information on developments regarding the creation of a framework for the harmonization of the Decent Work Act and the Civil Service Standing orders, and to detail what legal provisions ensure that public sector workers enjoy the rights set out in the Convention. The Committee notes the ITUC’s allegations that a recent court ruling has decided that associations of public servants are not subject to the Decent Work Act. The Committee requests the Government to provide further information on all developments with regard to the creation of a framework to harmonize the Decent Work Act and the Civil Service Standing orders, and to ensure that public sector workers enjoy the rights set out in the Convention.

The Committee had previously noted that section 1.5(c)(i) and (ii) of the Decent Work Act 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 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 with deep regret the lack of information in this respect. The Committee reiterates its request and expects that the Government’s next report will contain information in this regard.

Article 1 of the Convention. Right of workers, without distinction whatsoever, to establish organizations. The Committee had previously requested the Government to take any necessary measures, including through the amendment of section 45.6 of the Decent Work 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. The Committee notes the Government’s indication that the Ministry of Labour has opened discussion with the existing foreign workers’ bodies to distinguish or form a separate body for employers and employees so that their respective organizations can have the sole rights to defend their occupational interests. The Committee requests the Government to provide information on all developments and outcomes of the engagement with foreign workers bodies’ and the Ministry of Labour.

Article 3. Determination of essential services. The Committee had previously requested 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 Decent Work 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. Noting with regret that no information has been provided by the Government in this respect, the Committee reiterates its previous request.