Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Repetition

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expression political views. In its earlier comments, the Committee observed that prison sentences (involving an obligation to work by virtue of Chapter 34, section 34-14, paragraph 1, of the Criminal Procedure Law) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law, punishing certain forms of criticism of the Government.

The Committee notes the enactment of the Decent Work Act, which came into force on 1 March 2016 and contains provisions on the freedom from forced or compulsory labour. However, the Committee notes that the Government does not refer to section 52(1)(b) of the Penal Law in its reply, but to other provisions, indicating that section 12, Chapter 3, of the Liberian Constitution prohibits forced labour, and that section 216 of the Elections Laws (punishing participation in activities that seek to continue or revive certain political parties) has been repealed. While noting the above indication, the Committee again requests the Government to indicate whether section 52(1)(b) of the Penal Law is still in force and, if so, to indicate the measures taken with a view to repealing this provision and ensuring observance of the Convention.

Article 1(c). Disciplinary measures applicable to seafarers. In its earlier comments, the Committee noted that, under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country.

The Committee recalled that measures to ensure the due performance by a worker of his or her service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention (paragraph 171 of the 2007 General Survey on the eradication of forced labour).

The Committee notes the Government’s indication in its report that the Liberia Maritime Authority is engaged in an ongoing process of implementing the Maritime Labour Convention, 2006 (MLC, 2006), which will lead to amending the Liberia Maritime Law and regulations. Noting this indication, the Committee hopes that the necessary measures will soon be taken with a view to amending section 347(1) and (2) of the Maritime Law. It requests the Government to communicate a copy of the amended text with its next report.

The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty and assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee referred to paragraph 179 of its 2007 General Survey on the eradication of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline, such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention. Observing the absence of information on this point, the Committee hopes that in the context of implementing the MLC, 2006, as mentioned above by the Government, it will make every effort to amend section 348 of the Maritime Law so that only acts endangering the safety of the vessel or the life or health of persons on board are punishable by sentences of imprisonment, thereby ensuring compliance with the Convention on this point.