ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Country comments > Texts of comments: Liberia

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.

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to continue providing information on any legal proceedings, instituted as a consequence of the application of the Trafficking Act, including, in particular, statistics on the investigations carried out, the prosecutions, the convictions and the penalties imposed.
The Committee notes the Government’s indication in its report that it has worked through its anti-trafficking in persons secretariat in the fight against human trafficking. It reported two cases of trafficking in persons where the accused were both found guilty and respectively sentenced to six years’ prison and to a hung verdict. The Committee further notes that, in its concluding observations of 24 November 2015, the Committee on the Elimination of All Forms of Discrimination against Women expressed its concern considering the adverse impact that the Ebola outbreak has had on trafficking in women, due to their vulnerability and poverty (CEDAW/C/LBR/CO/7-8). The Committee requests the Government to continue providing information on the measures taken to ensure that all persons who engage in trafficking are subject to investigations and prosecutions, as well as on the penalties imposed in this regard. The Committee also requests the Government to provide specific data on the trafficking in women in the post-Ebola period, including the number of women victims, the prosecutions, penalties imposed, as well as the measures taken with regard to victims’ protection, assistance and rehabilitation.
Resignation from service by state officials and career military personnel. Noting the absence of information on this point, the Committee once again requests the Government to indicate the provisions governing the resignation from service by state officials and career military personnel, and communicate copies of the legislation on the public service, as well as the Defence Act.
Articles 1(1), 2(1) and 25. Forced labour practices during the armed conflict and adequate penalties. In its previous comments, the Committee requested the Government to indicate the measures taken to ensure the prosecution, conviction and imposition of penal sanctions on the perpetrators of forced labour, as recommended by the Truth and Reconciliation Commission (TRC).
The Commission notes the Government’s statement that, to date, there has been no known case of forced labour practices and that the recommendations of the TRC are currently being implemented by the Government. However, recalling that it had asked the Government to provide information on forced labour practices during the armed conflict, the Committee once again requests the Government to indicate the measures taken to ensure the prosecution, conviction and imposition of penal sanctions on the perpetrators of forced labour during the armed conflict. Please also provide information on the progress achieved with regard to the implementation of the TRC recommendations.
Article 2(2)(d) and (e). Legislation concerning emergencies and minor communal services. The Committee previously requested the Government to supply copies of any legislation governing work or service exacted in cases of emergencies. It also requested the Government to provide information on any legal provisions applicable to local public works, self-help projects and minor communal services and to indicate the actual practice in the matter.
The Committee takes note of the enactment of the Decent Work Act 2015, section 2(2)(a)(iv) of which governs work or services exacted in cases of emergencies. It also takes due note of the following paragraph which states:
“no person in Liberia shall be subjected to forced or compulsory labour, provided however that this does not prohibit work or service: which is in the nature of minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent upon the members of the community, provided that the members of the community or their representatives shall have the right to be consulted in regard to the need of such services”.
The Committee requests the Government to provide information on the execution of minor communal services in practice, including the type of work accomplished, the number of persons concerned and how consultations of the members of the community concerning the need for such services are carried out.

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
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.

C113 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
The Committee notes that in its reports sent on the application of a number of fishing Conventions the Government indicates that the Liberian Maritime Law, RLM 107 (hereinafter the “Maritime Law”) and the Liberian Maritime Regulations, RLM-108 (hereinafter the “Regulations”) were amended in 2013 addressing the Committee’s previous comments on the application of the Conventions, without providing any further information. Recalling that for more than 20 years the Government has been requested to provide information on the applicability of existing legislation to fishers and noting that it is not clear from the Government’s response whether there are adequate provisions in the amended texts to cover fishers, the Committee requests the Government once again to clarify this issue.
In order to provide a comprehensive view of the issues to be addressed in relation to the application of the fishing Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.
Minimum Age (Fishermen) Convention, 1959 (No. 112)
Article 1 of the Convention. Scope of application. Minimum age. The Committee notes that section 326(2) of the Maritime Law states that “persons under the age of 16 shall not be employed or work on Liberian vessels registered under this Title, except on vessels upon which only members of the same family are employed, school ships or training ships”. The Committee recalls that according to Article 2 of the Convention, children under the age of 15 years shall not be employed or work on fishing vessels. The Committee also recalls that the exclusion of vessels upon which only members of the same family are employed is not provided for under the Convention. The Committee further notes that according to section 290 of the Maritime Law, its Chapter 10 – which deals with merchant seamen and minimum age – only applies to persons engaged on board vessels of at least 75 net tons. Moreover, section 326 of the same chapter, fixing the minimum age at sea, only applies to vessels registered under the Maritime Law. In this connection, section 51 limits the registration procedure to specific vessels, namely: (a) vessels of at least 20 net tons, owned by a citizen or national of Liberia and engaged solely in coastwise trade between ports of the country or between those of Liberia and other West African countries; and (b) seagoing vessels of more than 500 net tons engaged in foreign trade, owned by a citizen or national of Liberia. The Committee recalls that pursuant to Article 1 of the Convention, the term “fishing vessel” includes all ships and boats, of any nature whatsoever, whether publicly or privately owned, which are engaged in maritime fishing in salt waters, with the only exception of fishing in ports and harbours or in estuaries of rivers, or to individuals fishing for sport or recreation. The Committee requests the Government to clarify whether Chapter 10 of the Maritime Law applies to fishers. If that is the case, recalling that the Convention applies to all fishing vessels irrespective of tonnage or of the fact that only members of the same family are employed, the Committee requests the Government to adopt the necessary measures without delay in order to give full effect to the Convention. If that is not the case, the Committee requests the Government to indicate the national provisions giving effect to the requirements of the Convention.
Medical Examination (Fishermen) Convention, 1959 (No. 113)
Application of the Convention. The Committee had previously requested the Government to provide clarifications on the applicable legislation to fishers with regard to medical certification. The Committee had noted the information provided by the Government that existing legislation only applied to fishing vessels of 500 tons or more. Recalling that the Convention applies to all fishing vessels irrespective of tonnage, the Committee had requested the Government to adopt the necessary measures to ensure that fishers employed on board fishing vessels of less than 500 tons are subject to the same medical certification requirements in accordance with the provision of the Convention. The Committee regrets to note that the Government has not provided a reply to its previous observation. The Committee therefore once again requests the Government to adopt without delay the necessary measures to give full effect to the provisions of the Convention.
Fishermen’s Articles of Agreement Convention, 1959 (No. 114)
Application of the Convention. In its previous comments, the Committee had requested the Government to explain how effect is given to the provisions of the Convention and to provide clarifications on the application of the existing legislation to fishing vessels. The Committee regrets to note that the Government provides no information in this regard. The Committee therefore once again requests the Government to adopt the necessary measures without delay to give full effect to the provisions of the Convention.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

MLC, 2006 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Liberia on 18 January 2017 and 8 January 2019 respectively. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.
Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers' Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 October 2020 and 26 October 2020 respectively, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 on this issue.
Article II, paragraphs 1(f), 2, 3 and 7 of the Convention. Definitions and scope of application. Seafarers. National determination. In its previous comment, the Committee noted that, pursuant to Marine Notice MLC-001, the Government, following consultations, had decided that several categories of persons are not to be regarded as seafarers for the purpose of the Convention. Noting in particular that guest entertainers have been included in this list, without any reference to the duration of their stay on board, the Committee requested the Government to provide further information in this regard. The Committee notes the Government’s indication that the guest entertainers not to be regarded as seafarers are those who make special (guest) appearances on board a ship for the purpose of entertaining passengers and whose principal place of work is ashore. These guest entertainers normally stay on board for a single voyage and return to their normal place of work after the voyage is over. The Committee welcomes the Government’s indication that the reference to guest entertainers would be amended as follows: “Guest entertainers for special appearances during a single voyage, whose principal place of work is ashore”. The Committee requests the Government to indicate if such an amendment or any other measure has been adopted to ensure that guest entertainers who regularly work on board are not excluded from the definition of seafarers.
The Committee noted in its previous comment that section 320 of the Liberian Maritime Law, RLM-107 (Title 21 of the Liberian Code of Laws of 1956) (hereafter RLM-107), provides that “Before the master of any Liberian vessel of 75 tons or more shall sail from any port, there shall be in force shipping articles with every seaman on board his vessel except with persons who are apprenticed to, or servants of himself or the vessel’s owner, who are not deemed to be seafarers”. The Committee notes the Government’s indication that, at the next revision of the RLM-107, it is proposed that section 320 be amended in order to ensure conformity with the provisions of the Convention. The Committee requests the Government to adopt the necessary measures to ensure that any person who is employed or engaged or works in any capacity on board a ship is covered by the Convention and to provide a copy of the relevant texts once adopted.
Cadets. In its previous comment, the Committee noted that, under Marine Notice MLC-001, cadets, trainees and operations assistants enrolled in a maritime university and sent on board to complete the sea time required for graduation, may upon application and satisfactory review of their contractual or similar arrangements, be exempted from Regulations 1.4 (Recruitment and placement); 2.1 (Seafarers’ employment agreements); 2.2 (Wages); 4.2 (Shipowners’ liability); 4.5 (Social security); and Standards A2.4 (Entitlement to leave); and A2.5.1, paragraph 2(b) (Repatriation) of the Convention. The Committee requested the Government to explain how it ensures that the protection afforded by the Convention is applied to cadets whose work falls within the definition in Article II, paragraph 1(f), of the Convention. The Committee notes the Government’s indication that: 1) cadets, trainees and operations assistants enrolled in a maritime university and sent on board to complete the sea time required for graduation are provided with labour and social conditions comparable to the protection that is provided for by the MLC, 2006 under Standards A4.2.1 and A4.5; 2) these persons are not paid a wage as provided for in Regulation 2.2 of the MLC, 2006 but may be provided with a stipend to enable them to continue with their training programme and thereby graduate; 3) cadets are however covered by the provisions of the Convention with respect to minimum age, medical certificate, training and qualifications, hours of work and hours of rest, repatriation, accommodation and recreation facilities, food and catering, medical care on board ship and ashore, health and safety protection and accident prevention. Cadets are also normally covered under the shipowners’ P&I insurance for occupational accidents, injuries and illnesses occurring while on board, including maintenance, cure and repatriation; shipowners’ financial security obligations under Regulation 2.5 for repatriation and Regulation 4.2 for shipowners liability. The Committee recalls that, in accordance with Article II, paragraph 1(f) of the Convention, the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. The Committee considers that obtaining on-board training for the purpose of becoming a seafarer by definition implies working on board and, as a result, no question of doubt can arise concerning the fact that cadets are to be regarded as seafarers for the purpose of the Convention. The Committee underlines that the protection afforded by the Convention is particularly important for the more vulnerable categories of persons, such as cadets, trainees and operations assistants.  The Committee therefore requests the Government to adopt the necessary measures in order to ensure that cadets, trainees and operations assistants are regarded as seafarers and that they enjoy the protection provided for by the Convention.  The Committee is certainly aware of the reported and anticipated shortage of qualified officers to effectively man and operate ships engaged in international trade and the difficulties encountered to ensure that cadets fulfil the minimum mandatory seagoing service which forms part of the requirements prescribed in the STCW Convention for certification. In these circumstances, the Committee recalls that, as foreseen in Article VI, paragraph 3, of the Convention, Governments, in consultation with social partners, could agree on substantial equivalent measures applicable to cadets, trainees and operations assistants where needed, in accordance with the Convention. If the intention of the Government is to adopt substantial equivalent measures for cadets, trainees and operations assistants, then the relevant provisions of the MLC, 2006 should be strictly followed (Article VI, paragraphs 3 and 4). The Committee requests the Government to clarify whether it has decided to adopt measures which are substantially equivalent regarding cadets, trainees and operations assistants enrolled in a maritime university and sent on board to complete the sea time required for graduation trainees, and, if this is the case, to provide detailed information on how the measures adopted conduce to the full achievement of the general object and purpose of the provisions of Part A of the Code concerned and how they give effect to the provisions of Regulations 1.4; 2.1; 2.2; 4.2; 4.5; Standards A2.4 and A2.5.1, paragraph 2(b) of the Convention.
Article II, paragraphs 1(i), 4, 5 and 7. Definitions and scope of application. Ships. National determination. The Committee noted the Government’s decision that Mobile Offshore Drilling Units (MODU) whose primary service is drilling operations for the exploration, exploitation, production of resources beneath the sea-bed that are not normally engaged in navigation or international voyages, as well as Floating Production, Storage and Offloading facilities (FPSOs), Floating Storage Units (FSUs), and Self-Elevating Liftboats, whose primary service is neither underway nor engaged in an international voyage, were not to be considered ships as defined by the MLC, 2006 and therefore do not require to comply with its provisions. The Committee observed in its previous comment that Marine Notice MLC-001 provides that “However, if FPSO, FSU or Self-Elevating Liftboat owners/operators wish to apply MLC on a voluntary basis, they should contact the Administration. Application of MLC to Mobile Offshore Accommodation Units and other similar mobile offshore units, such as non-self-propelled barges, will be considered on a case by case basis”. The Committee therefore requested the Government to explain the basis on which these case by case determinations may be made, and if they require consultation with the shipowners’ and seafarers’ organizations concerned. The Committee notes the Government’s indication that a national determination for non-application of MLC, 2006 to Mobile Offshore Accommodation Units and other similar mobile offshore units, such as non-self-propelled barges, was made after consultation with the shipowners’ and seafarers’ organizations concerned, as provided for under document MLC National determination and exemption request – Tripartite Review. Noting this information, the Committee requests the Government to provide detailed statistics on the numbers and types of the above-mentioned units which are excluded from the field of application of the MLC, 2006.
Article VI, paragraphs 3 and 4. Substantial equivalence. In its previous comment, noting that the Government had adopted substantial equivalent provisions regarding Standard A2.1, paragraph 1(a), according to which Seafarers’ Employment Agreements (SEA) shall be signed by both the seafarer and the shipowner or a representative of the shipowner, and Standard A2.1, paragraph 4(b), under which the SEA should contain the shipowner’s name and address, the Committee considered that a general statement by the shipowner included in the DMLC Part I, which had not signed the SEA, agreeing to “ensure that it will comply with all the terms and conditions in the SEAs” is not substantially equivalent to the requirements of Standards A2.1, paragraph 1(a) and A2.1, paragraph 4(b). The Committee requested the Government to adopt the necessary measures to ensure that any substantial equivalence applied in this regard is conducive to the full achievement of the general objective and purpose of Standards A2.1, paragraphs 1(a) and 4(b), and gives effect to those provisions as required by Article VI, paragraph 4, of the Convention. The Committee notes the Government’s indication that where the shipowner is unable to implement any of the provisions above, in accordance with Article VI, paragraph 3, the Administration has provided measures in the DMLC Part I, which are substantially equivalent to these provisions, while ensuring that the shipowner implements these measures in the DMLC Part II. The Government further indicates that the substantial equivalent provision in the DMLC Part I requires that: (1) The Shipowner under Article II, paragraph 1(j) engages the services of the Employer, who may also be the owner of the ship under a signed agreement; (2) The Shipowner under Article II, paragraph 1(j) attests in the DMLC Part II that it has agreed to ensure that it will comply with all the terms and conditions in the SEA upon engagement of the seafarer; and (3) The SEA contains an Addendum that includes the ships particulars; the name and address of the shipowner under Article II, paragraph 1(j) of the Convention; and the details of the seafarer concerned. The Addendum is required to be signed by the seafarer and the shipowner or the representative of the shipowner. The Committee notes the Government’s indication that the Administration considers that the Addendum to the SEA, the engagement of services of the Employer, along with the substantial equivalence in DMLC Part I and the shipowners’ attestation in the DMLC Part II provides the seafarer sufficient information regarding the name and address of the shipowner who has agreed to comply with all the terms and conditions in the SEA. The DMLC Parts I and II are posted on board for the seafarer to review. The Addendum to the SEA is verified by the Inspector during MLC, 2006 inspections. However, the Committee notes that section 3.1.2 of Marine Notice MLC-003 establishes the requirement for every seafarer to have a SEA signed by both the seafarer and the shipowner or a representative of the shipowner. The Committee also recalls that Article VI, paragraph 3 of the Convention provides that a Member which is not in a position to implement the rights and principles in the manner set out in Part A of the Code may, unless expressly provided otherwise in this Convention, implement Part A through provisions in its laws and regulations or other measures which are substantially equivalent to the provisions of Part A. Noting the Government’s indication that the substantial equivalent provision in the DMLC Part I requires the shipowner or its representative to sign the addendum to the SEA, the Committee requests the Government to explain why the shipowner or its representative is unable to directly sign the SEA, as required under Standard A2.1, paragraph 1(a). The Committee also requests the Government to indicate the laws or regulations requiring the addendum to the SEA as well as the signatures of both the seafarers and the shipowner or his/her representative. The Committee further requests the Government to provide a copy of an example of the addendum.
The Committee also noted in its previous comment that section 3.1.2 of Marine Notice MLC-004 stipulates that the Administration may, for ships under 500 gross tonnage, permit the location of sleeping rooms below the load line after taking into account substantially equivalent provisions. The Committee requested the Government to explain how the possibility to use substantial equivalence regarding seafarers’ accommodation facilities comply with the requirements of Article VI, paragraphs 3 and 4, of the Convention. The Committee notes in this regard the Government’s indication that the substantial equivalence relates to: (1) non-SOLAS ships built for servicing the off-shore industry and not engaged on international voyages; (2) the seafarers on these ships spend short periods up to 30 days on board and 30 days away; (3) the sleeping rooms are fitted with water detection systems and high capacity pumping arrangements; (4) escape arrangements provide direct access to open deck; and (5) adequate arrangements for lighting and ventilation are provided. The Committee recalls that in accordance with paragraphs 3 and 4 of Article VI of the Convention, in order to adopt substantial equivalent measures, a Member must first make sure that it is not in a position to implement the rights and principles in the manner set out in Part A of the Code. Any substantial equivalences that have been adopted must be stated in Part I of the DMLC. The Committee requests the Government: (i) to explain why it is not in a position to implement the relevant provisions of the MLC, 2006; and (ii) to indicate the laws or regulations containing the requirements and conditions specified in the Government’s reply listed above.
The Committee also notes that revised Marine Notice MLC-004 (Rev.2/17) provides for a new substantial equivalent provision to the minimum floor area requirement for sleeping rooms. Section 3.4, paragraph 2 provides that the Administration may “accept private or semi-private sanitary facilities which do not add effectively to the space available for free movement as a substantially equivalent provision to reduced floor area in the sleeping room. The substantial equivalence will be included into the DMLC Part I.” The Committee recalls that explanations are required on the reason why the Member was satisfied that the substantial equivalence met the criteria set out in paragraph 4 of Article VI. The Committee requests the Government to provide detailed information, as explained above, with respect to the substantial equivalence included in Marine Notice MLC-004, section 3.4.
Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. In its previous comment, the Committee noted that sections 326(2) and 326(4) of RLM-107 allow for possible exceptions to the prohibition of the employment, engagement or work on board a ship of any person under the age of 16 and requested the Government to take steps to amend its legislation to give full effect to this provision of the Convention. Noting the Government’s indication that sections 326(2) and 326(4) of RLM-107 will be amended, the Committee requests it to adopt the necessary measures to ensure that full effect is given to Standard A1.1, paragraph 1 and to provide a copy of these measures once adopted.
Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. In its previous comment, the Committee noted that section 1.1.2 of Marine Notice MLC-002 allows for exceptions to the strict compliance with the night work restriction and requested the Government to provide detailed information about such exceptions in light of Standard A1.1, paragraph 3(b). The Committee notes the Government’s indication that currently there are no seafarers under the age of 18 engaged on Liberian registered ships. The Committee notes that paragraph 1.1.2(b) of Marine Notice MLC-002 was amended to better reflect the requirements of the MLC, 2006 to ensure that shipowners’ and seafarers’ organizations are consulted by the Administration in determining that the work performed will not be detrimental to the health and well-being of persons under the age of 16. The Committee notes with interest this information.
Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. In its previous comment, the Committee noted that section 3.3.4 of Marine Notice MLC-005 gives the shipowner the responsibility to determine the types of work which are potentially hazardous and likely to jeopardize the health and safety of young seafarers under the age of 18 years and recalled that the types of such work shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned, in accordance with relevant international standards. The Committee requested the Government to indicate the measures adopted to give full effect to Standard A1.1, paragraph 4 of the Convention. The Committee notes that the Administration has determined, after consultation with the shipowners’ and seafarers’ organizations, a list of activities that are potentially hazardous and likely to jeopardize the health and safety of young seafarers under the age of 18 years. However, the amendment renumbered 3.3.5 adopted in revised Marine Notice MLC-005 (Rev.07/20) sets out exceptions to the prohibition of hazardous work and states that when assigning potentially hazardous work to young seafarers under the age of 18 years, the shipowner should consider, in particular, work involving the list of activities determined with the shipowners’ and seafarers’ organizations concerned. The document entitled MLC National Determination and Exemption request – Tripartite review further states that “shipowners shall adopt, effectively implement and promote an occupational health and safety programme to ensure that potentially hazardous work for young seafarers under the age of 18 years is undertaken only under appropriate supervision and instruction”. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for young seafarers of the types of work considered hazardous but allows, under Guideline B4.3.10, the determination of types of work which young seafarers cannot undertake without adequate supervision and instruction. The Committee accordingly requests the Government to indicate how it gives effect to Standard A1.1, paragraph 4, clearly distinguishing between types of work that are prohibited and those that can only be undertaken under adequate supervision.
Regulation 1.2 and the Code. Medical certificate. Noting in its previous comment that the Government had provided no information on consultations regarding the requirements of the medical examination and certificates prescribed under Marine Notice MLC-002, the Committee requested the Government to indicate whether these requirements were adopted following consultations with the shipowners’ and seafarers’ organizations concerned, as required by Standard A1.2, paragraph 2, of the Convention. The Committee notes that Marine Notice MLC-002 will be amended and will include a section 1.2.3, providing that “The Administration has determined, after consultation with the shipowners’ and seafarers’ organizations, that the medical examination shall be conducted and certificate issued in accordance with the current joint ILO/IMO Guidelines on the medical examination of seafarers. Current paragraph 1.2.3 would be re-numbered as 1.2.4 stating that “the Medical certificates issued in accordance with the requirements of STCW 1978, as amended will be accepted”. The Committee requests the Government to adopt the necessary measures to ensure that full effect is given to Standard A1.2, paragraph 2, and to provide a copy of these measures once adopted.
Regulation 1.4 and Standard A1.4, paragraph 7. Recruitment and placement. Investigation of complaints. In its previous comment, the Committee noted the legislative provisions concerning private seafarers’ recruitment and placement services and requested the Government to specify how it ensures that adequate machinery and procedures for the investigation of complaints concerning the activities of seafarer recruitment and placement services are put in place. The Committee notes the Government’s indication that the private seafarer recruitment and placement service has not commenced any recruitment yet and that most of the mechanisms and procedures for regulating private recruitment and placement organizations are still being developed. The Committee notes the Government’s indication that if there is a complaint about alleged breach of seafarers’ rights, the commissioner will set up an MLC, 2006 investigation team which will include representatives from the seafarers Union, the shipowner and a lead investigator from the Administration. Noting the Government’s indication that at present the private seafarer recruitment and placement service has not commenced any recruitment, the Committee requests the Government to provide: (i) information on how seafarers are currently recruited on ships flying Liberia’s flag; (ii) information on any progress made towards the implementation of the established system for the operation of the private seafarer recruitment or placement service in its territory; and (iii) information on the measures, once adopted, to ensure adequate machinery and procedures for the investigation of complaints concerning the activities of seafarer recruitment and placement services, required under Standard A1.4, paragraph 7.
Regulation 2.1 and Standard A2.1, paragraph 1. Seafarers’ employment agreements. Requirements. In its previous comment, the Committee noted that while section 3.1.2 of Marine Notice MLC-003 establishes the requirement for every seafarer to have a SEA signed by both the seafarer and the shipowner or a representative of the shipowner, Regulation 10.320(2) of RLM-108 stipulates that “every seafarer, other than the master, joining a vessel to commence employment on board shall sign the shipping articles prior to the vessel’s departure …”. The Committee requested the Government to clarify the legal status of the SEA and the shipping articles and to explain the relationship between the two documents. It also requested the Government to indicate how it ensures that masters have a SEA in conformity with Standard A2.1, paragraph 1. The Committee notes the Government’s indication that the “Shipping articles” referred to in section 10.320(2) of RLM-108 correspond to the articles of agreement defined in Article II, paragraph 1(g) and provides the minimum conditions of employment for seafarers engaged on Liberian registered ships. The Government further indicates that the Liberian Administration also accepts a shipowners “Conditions of Employment” as part of the SEA, provided the conditions are not inferior to those prescribed in the Liberian “Shipping Articles”. The Committee observes that section 10.318(2)(b) of RLM-108 provides that “The conditions for employment and shipboard living arrangements on board every Liberian vessel are embodied in a valid labour contract concluded between a shipowner or shipowner's organization and a seafarers’ organization constituted in accordance with the substantive provisions of the applicable International Conventions”. The Committee understands that, under the abovementioned provisions, the master is considered as a representative of the shipowner for the purpose of signing the articles of agreement. Finally, the Committee notes the Government’s indication that, in accordance with the DMLC Part I, paragraph 4(a), the Master is also required to sign the Articles of Agreement without however indicating the legislative or regulatory provisions that require masters to have a SEA. It recalls that under Standard A2.1, paragraph 1(a), of the Convention, each Member shall adopt laws or regulations requiring that all seafarers, including masters, working on ships that fly its flag covered by the Convention have a SEA signed by both the seafarer and the shipowner or a representative of the shipowner. The Committee requests the Government: (i) to indicate the legislative or regulatory measures taken or envisaged to ensure that masters have a SEA in conformity with Standard A2.1, paragraph 1; and (ii) to indicate the relevant national provisions authorizing the master to act as a representative of the shipowner when signing the shipping articles.
The Committee also notes that the national provisions with respect to the Shipping Articles set out different requirements of tonnage of ships under which a seafarer is required to have a SEA. Section 320 of RLM-107 provides that “Before the master of any Liberian vessel of 75 tons or more shall sail from any port, there shall be in force shipping articles with every seaman on board his vessel except with persons who are apprenticed to, or servants of himself or the vessel’s owner, who are not deemed to be seafarers”. Section 10.320(2) of RLM-108 does not set a limit for ships under a certain gross tonnage for seafarers to sign shipping articles. The Committee observes that the DMLC, Part I, paragraph 4(a) reproduces the requirement of section 320 of RLM-107 and states that shipping articles are required on Liberian vessels of 75GT or more. The Committee draws the attention of the Government to the need to avoid any inconsistencies in the applicable provisions so as to ensure full conformity with the Convention and recalls that the requirement for seafarers working on ships that fly its flag to have a SEA applies to all ships covered by the Convention, including those below a certain tonnage. Recalling that the Convention does not contain a general or overall exclusion of ships below a certain gross tonnage, the Committee requests the Government to indicate the measures taken or envisaged in order to ensure that the protection afforded by the Convention is guaranteed to all seafarers working on board ships within the meaning of the Convention.
Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes that section 10.325(2)(a) of RLM-108 regulates the requirements related to the record of employment of seafarers. The Committee however notes that Regulation 10.325(2)(a) only applies to “Each person employed on board a Liberian vessel, other than those persons such as certain hotel staff personnel on passenger vessels who are not assigned or required to perform ship safety or pollution related shipboard duties”. Referring to its comments under Article II, paragraph 1(f) of the Convention, the Committee recalls that the MLC, 2006, does not allow for the partial application of the national law implementing its provisions if the workers concerned are seafarers covered by the Convention. The Committee therefore requests the Government to indicate the measures taken to ensure that the protection afforded by the Convention is guaranteed to all seafarers within the meaning of the Convention and that all seafarers, regardless of the tasks performed on board, are given a document containing a record of their employment, as required under Standard A2.1, paragraphs 1(e) and (3).
Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. In its previous comment, the Committee noted the existence of both minimum hours of rest and maximum hours of work regimes and accordingly requested the Government to explain how it ensures that the maximum hours of work or minimum hours of rest are fixed in accordance with Standard A2.3 of the Convention and not subject to selective application by shipowners or masters. The Committee notes that Marine Notice MLC-003 was revised and the amended paragraph 3.3.1 provides the application of the minimum hours of rest standard on Liberian registered ships. Noting the Government’s indication that section 10-341(1) of RLM-108 also needs to be amended, the Committee requests it to provide information on any measures adopted in this regard.
Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. In its previous comment, the Committee noted that section 3.5.4 of Marine Notice MLC-003 stipulates that any agreement which provides that seafarers agree in advance to forgo annual leave in return for pay shall be prohibited, except in cases provided by the Administration. The Committee noted the Government’s indication that the Administration takes into account the following elements when permitting a seafarer to forgo minimum annual leave: (a) evidence that the seafarer requested the shipowner to forgo the minimum annual leave with pay (such as a request to continue working on board for a period exceeding 11 months); (b) evidence that the shipowner agreed to the request; (c) the reason for forgoing minimum annual leave with pay; and (d) a proper risk assessment carried out by the shipowner taking into account the ship’s trading pattern, the seafarer’s record of rest hours, fatigue and other identified hazards. The Committee requested the Government to provide the legal basis for the above mentioned criteria and to communicate statistical information on the number of such authorizations issued by the Administration. The Committee notes that, in reply to its previous comments, the Government indicates that the Administration only permits forgoing minimum annual leave with pay in urgent cases, due to weather related delays; or inability to obtain visas to join the ship; or unavailability of seafarers’ replacement; or to obtain the necessary sea-service for graduation. The Committee notes the Government’s indication that the length period during which annual leave was authorized to be forgone generally did not exceed 1 month. The Government further indicates that the Administration has authorized seafarers on 22 occasions to forgo annual leave with pay. The Committee takes note of this information.
Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2 (a). Repatriation. Circumstances. In its previous comments, the Committee noted the Government’s indication that a seafarer shall forfeit his right to repatriation in case of: (1) desertion; (2) entering into a new agreement with the same owner after his discharge; (3) entering into a new agreement with another owner within one week after his discharge; (4) criminal offenses under sections 346, 348, and 349 of the RLM-107; and (5) “unjustifiable repudiation of the shipping articles”, as it is mentioned under section 343 of RLM-107. The Committee requested the Government to adopt the necessary measures to ensure that any provision in the national legislation depriving seafarers of this right is limited to the circumstances allowed under the Convention. The Committee notes the Government’s reference to section 330 of RLM-107, which is not relevant. The Committee notes that, while section 3.6.7 of Marine Notice MLC-003 indicates that the cost of repatriation may be recovered from the seafarers’ wages in the circumstances where the seafarer has been discharged in accordance with section 343 of RLM-107, section 343 clearly defines the situations according to which a seafarer loses his right to repatriation altogether and not those in which it is allowed the recovery of repatriation costs from her/his wages. The Committee recalls that the Convention does not provide for cases of forfeiture of the entitlement to repatriation when the circumstances foreseen in Standard A2.5.1, paragraph 1, are met. The only case where this entitlement may lapse is where the seafarers concerned do not claim it within a reasonable period of time, in accordance with Guideline B2.5.1, paragraph 8. Recalling the fundamental importance of the right to repatriation, the Committee requests the Government to ensure that any provision in the national legislation depriving seafarers of this right is limited to the circumstances allowed under the Convention. It therefore requests the Government to review section 343 of RLM-107 to ensure conformity with Standard A2.5.1, paragraphs 1 and 2 (a), of the Convention.
Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes that, in reply to its previous comment requesting the Government to indicate how it gives consideration to Guideline B2.5, paragraph 7 (seafarers’ right to choose from among the prescribed destinations the place to which they are to be repatriated), the Government intends to revise section 3.6.1of Marine Notice MLC-003, in order to reproduce Guideline B2.5, paragraph 7. The Government further indicates that sections 342 and 342B of the RLM-107 would also be revised accordingly. The Committee welcomes this information and requests the Government to provide a copy of the amended text once adopted. In its previous comment, the Committee requested the Government to explain how it implements Standard A2.5.1, paragraph 2(c) and to indicate what are the precise entitlements to be accorded by shipowners for repatriation. The Committee welcomes in this regard the Government’s indication that Marine Notice MLC-003 (Rev.2/17) was revised and provides new sections - 3.6.5.6 and 3.6.5.7 – which stipulate that the assistance provided by the financial security maintained by the shipowner shall be sufficient to notably cover all expenses reasonably incurred by the seafarer, the essential needs of the seafarer and repatriation by appropriate and expeditious means, normally by air. The Committee takes note of this information.
Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee noted that section 3.6.7 of Marine Notice MLC-003 provides that a shipowner could recover the costs of repatriation where a seafarers’ employment agreement has been terminated in the cases listed in section 343 of RLM-107, where seafarers are found to be in serious default of the seafarer’s employment obligations. The Committee requested the Government to provide information on how it ensures that shipowners pay for the repatriation of seafarers in all cases when the latter are entitled to this right, as well as on provisions in national laws or regulations or other measures or applicable collective agreements setting out the procedure to be followed and the standard of proof to be applied before a seafarer can be found to be in “serious default of the seafarer’s employment obligations” so that the shipowner could recover the cost of the repatriation from the seafarer. The Committee notes the Government’s indication that it suggests amending section 3.6.7 of Marine Notice MLC-003 in order to request that a copy of the log book entry in accordance with section 350 of RLM-107 shall be provided to the Administration for review and determination, if the shipowner may recover costs of repatriation in the cases listed under section 343 of RLM-107. The Committee notes that section 350 of RLM-107 provides for the entry of offenses in the official log book of a vessel on which an offense was committed, and provides the offender a copy of such entry and have it read over distinctly and audibly to him, to allow him/her to make a reply if wanted which will be entered in the log Book. The Committee however notes that the situations listed under section 343 are not explicitly qualified as situations where the seafarer has been found to be in serious default of the seafarer’s employment obligations but are referred to as cases where the seafarer’s right to repatriation shall be forfeited (see point above). The Committee requests the Government to take the necessary measures to ensure that what is considered to be “serious default of the seafarers’ employment obligations” is explicitly determined by the relevant legislation or applicable collective bargaining agreements as situations where the shipowner may recover the costs of repatriation and not forfeit the seafarer’s right to repatriation.
Regulation 2.5 and Standard A2.5.1, paragraph 7. Repatriation. Foreign ships and crew change. With respect to its previous request that the Government explains how it facilitates the repatriation of seafarers serving on ships which call at its ports or pass through its territorial or internal waters, as well as their replacement on board, as provided for under Standard A2.5.1, paragraph 7, the Committee notes that the Government has not provided any information. The Committee requests, once again, the Government to indicate how it gives effect to this provision of the Convention.
Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. It notes that Marine Notice MLC-003 was revised in order to give effect to the requirements of Standard A2.5.2. The Committee requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).
Regulation 2.6 and the Code. Seafarer compensation for the ship’s loss or foundering. Noting that section 3.7.1 of Marine Notice MLC-003 limits the total indemnity payable to any one seafarer in case of ship’s loss or foundering to 15 days basic wage, the Committee requested the Government to indicate how it has given due consideration to Guideline B2.6, paragraph 1, under which the indemnity against unemployment resulting from a ship’s foundering or loss should be paid for the days during which the seafarer remains effectively unemployed at the same rate as the wages payable under the employment agreement, but the total indemnity payable to any one seafarer may be limited to two months’ wages. The Committee welcomes the Government’s indication that it intends to revise the RLM-107, section 324 and paragraph 3.7.1 of Marine Notice MLC-003 accordingly in order to fully comply with the requirements of the Convention. The Committee requests the Government to adopt the necessary measures in order to ensure that full effect is given to the Convention and to provide copy of the revised texts once adopted.
Regulation 2.7 and Standard A2.7, paragraph 3. Manning Levels. Food and catering. In its previous comment, while noting the Government’s indication that all ships with a prescribed manning of ten or more seafarers are required to carry a ship’s cook, the Committee observed that neither the regulations nor the sample minimum manning documents appear to contain provisions concerning the catering staff or the ship’s cook. The Committee accordingly requested the Government to explain how, when determining manning levels, the competent authority takes into account all the requirements within Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee notes the Government’s indication that, while it agrees that the manning levels shall take into account the requirement to have a ship’s cook for ships with a prescribed manning of ten or more seafarers, the Administration considers that the minimum safe manning document is issued under the provision of Regulation 14 of SOLAS Chapter V taking into account Resolution A.1047(27) and the STCW Convention. Therefore, the Administration does not consider it necessary to revise the minimum safe manning document to include the ship’s cook, and the requirement to ensure that each ship with a prescribed manning of ten or more seafarers that flies its Flag is provided with a ship’s cook is verified during onboard annual safety inspections. The Committee recalls that the requirement of Standard A2.7, paragraph 3 is additional to those set out under Regulation 14 of SOLAS Chapter V, taking into account Resolution A.1047(27) and the STCW Convention. Observing that the requirements on manning composition, set under the Liberian Maritime Law and the regulations, as well as the sample minimum manning documents, do not take into account the ship’s cook or catering staff as required under Standard A2.7, paragraph 3, the Committee requests the Government to adopt the necessary measures to implement this provision of the Convention.
Regulation 3.1 and Standard A3.1, paragraph 21. Accommodation and recreational facilities. Exemptions. In its previous comment, noting that Marine Notice MLC-004 on the Standards of accommodation, recreational facilities, food, water and catering under the Maritime Labour Convention (MLC, 2006) allows for a number of exceptions in the application of its provisions for ships of less than 3,000 gross tonnage and that under section 3.16 of the Notice, the Administration is authorized to grant exceptions to ships of less than 200 gross tonnage, the Committee requested the Government to specify whether it has held consultations with respect to the adoption of variations or exemptions to the accommodation requirements under Marine Notice MLC-004. The Committee notes the Government’s indication that it is proposed to revise the chapeau of section 3.16 of Marine notice MLC-004 as well as paragraph two of section 3.17 adding that these variations or exemptions may be granted after consultation with the shipowners’ and seafarers’ organizations. The Committee requests the Government to adopt the necessary measures to ensure that full effect is given to the Convention and to provide copy of the revised texts once adopted.
Regulation 4.2 and Standards A4.2.1, paragraphs 8 to 14, and A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. In this regard, the Committee notes that revised Marine Notice MLC-005 (Rev. 2/17) was adopted in order to give effect to the 2014 amendments concerning shipowners’ liability. The Committee requests the Government to provide a sample of an existing certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).
Regulation 4.3 and the Code. Health and safety protection and accident prevention. In its previous comment, in the absence of any legislation or information, the Committee requested the Government to explain how it ensures that its provisions will be regularly reviewed in consultation with the representatives of the shipowners’ and seafarers’ organizations. The Committee notes with interest that Marine Notice MLC-005 was revised and adds three new paragraphs (3.3.11-3.3.13) to include reference to: (i) the reporting of occupational accidents, injuries and diseases by the shipowner; (ii) the conducting of risk evaluation in relation to management of occupational safety and health; and (iii) the regular review by the Administration in consultation with the representatives of the shipowners’ and seafarers’ organizations of standards for occupational safety and health protection and accident prevention on Liberian registered ships. The Committee takes note of this information.
Regulation 4.4 and the Code. Access to shore-based welfare facilities. In its previous comment, the Committee requested the Government to explain how it ensures that welfare facilities in its territory are available for the use of all seafarers, as required under Standard A4.4, paragraph 1. Furthermore, welcoming the Government’s indication that it is working with the welfare board to extend seafarer welfare facilities to its four ports, the Committee requested it to provide updated information on this initiative. The Committee notes the Government’s detailed information on welfare facilities and how they are operated by welfare organizations, approved by the Liberia Maritime Authority. The Committee notes the Government’s indication that: 1) one of the requirements for the approval process is for organizations to demonstrate that they have culture awareness training and are familiar with MLC, 2006 and have a policy statement in their management policy that reflects that their services and facilities are available for the use of all seafarers, irrespective of nationality, race, colour, sex, religion, political opinion or social origin, and irrespective of the flag State of the ship on which they are employed or engaged or work; 2) there are currently two welfare organizations in Liberia that are providing both mobile welfare services in the four ports and a shore-based facility in Monrovia; 3) a project has been initiated to relocate the seafarer welfare facility in the port area of Monrovia to ensure seafarers have fast and easy access to shore-based facility considering the fast turnaround time of vessels and the challenges posed to easily access the existing one; 4) due to less traffic in the other ports, the organizations currently provide mobile services where seafarers are taken onshore by personnel of the welfare organizations to public recreational facilities or other social and religious functions at the request of the seafarers; and 5) plans are underway to establish shore-based recreational facilities in those ports once the traffic improves and the welfare board has requested to charge port levy for the maintenance and improvement of current facilities and the establishment of new facilities in the other three ports. The Committee takes note of this information.
Regulation 4.5 and the Code. Social security. In its previous comment, the Committee requested the Government to explain the manner in which it provides protection in the branches of social security specified at the time of ratification (old-age benefit, employment injury benefit and invalidity benefit) to all seafarers ordinarily resident in its territory, as required under Standard A4.5, paragraph 3. It further requested the Government to explain whether it has given consideration to the various ways in which comparable benefits will be provided to non-resident seafarers working on ships that fly its flag in the absence of adequate coverage in those branches in conformity with Standard A4.5, paragraph 6. The Committee notes the Government’s indication that the seafarers’ employment agreement or applicable CBA should identify how, as a minimum, the three branches of social security declared will be provided to these seafarers as well as any other relevant information at the disposal of the shipowner, such as statutory deductions from the seafarers' wages and shipowners’ contributions which may be made in accordance with the requirements of the national insurance company of Liberia or a private insurance company. The Government further indicates that a seafarers’ union or a manning or recruitment agency could seek group social security protection for resident seafarers registered with them under the national social security schemes or national insurance company of Liberia. With regard to non-resident seafarers working on ships that fly its flag, the Committee notes the Government’s indication that while the relevant collective bargaining agreement may be silent as to social security protection, the Administration also reviews the general terms and conditions of employment provided by the shipowner to ensure at least three of the nine branches of social security or its equivalent are provided by the shipowner to seafarers during the period of employment with the shipowner. While noting this information, the Committee observes that the Government has not provided detailed information on the benefits provided under the three branches, by either the National Social Security and Welfare Corporation (NASSCORP) or a private insurance company. In this regard, the Committee notes that persons employed on board ships do not seem to be covered by the employment injury scheme (EIS) and National Pension Scheme (NPS). The Committee therefore requests the Government to provide details on the social security benefits enjoyed by seafarers ordinarily resident in Liberia as well as on the social security schemes applicable. It further requests the Government to indicate how it provides, in accordance with national law and practice, comparable benefits to non-resident seafarers working on ships that fly its flag in the absence of adequate coverage under the three branches.
Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes with interest that, in reply to its previous comment, the Government issued in 2018 a document dealing with onshore complaint-handling procedure to enable that seafarers on ships calling at Liberian ports are able to report a complaint of a breach of the requirements of the Convention. The Committee takes note of this information.
Regulation 5.3 and the Code. Labour-supplying responsibilities. In its previous comment, the Committee noted the absence of information with respect to the obligation under Regulation 5.3 to ensure the implementation of the Convention’s requirements regarding the recruitment and placement of seafarers as well as the social security protection of seafarers that are its nationals or are resident or are otherwise domiciled in its territory. The Committee notes the Government’s indication that RLM-107, section 327A and RLM-108, section 10.327, provide for seafarers to have access to an efficient and appropriately regulated seafarer recruitment and placement system. Any violation of this Regulation or of an official notice given pursuant thereto may result in revocation of any Liberian license, certificate or document issued by the Administration, in addition to any penalty otherwise prescribed by law. The Committee further notes the Government’s indication that the system for the inspection, monitoring and enforcement of its labour-supplying responsibilities entails certification and regulation of seafarers’ recruitment and placement services. Prior to certificating, any recruitment and placement service is audited on an annual basis to verify if it is operating in accordance with the MLC, 2006. The Committee takes note of this information.
© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer