Caso individual (CAS) - Discusión: 2022, Publicación: 110ª reunión CIT (2022)

Discussion by the Committee

Government representative – I bring you greetings from the Government of Liberia and extend our gratitude for the level of support accorded us to be present at this hearing. The Government of Liberia considers this representation to be of high importance as it involves Convention No. 87, a fundamental Convention ratified by Liberia. The Government is pleased to respond to the Committee on the following cases brought before this Committee that relate to the Convention.

Case No. 3202: The Government of Liberia would like to inform the Committee that the workers allegedly dismissed for anti-union discrimination were fully reinstated without loss of benefits. This was done through social dialogue; therefore anti-union discrimination could not be established. The Government also requested that the National Health Workers’ Association of Liberia resubmit its constitution as recommended by the Committee, which they did. However, the revision of their constitution shows that the association’s membership was not restricted to the private sector but included workers subject to the Civil Service Standing Orders. Now we are sending in the request to ensure that the rights of national health workers are protected. The Government, through the Ministry of Labour with assistance from the ILO regional office, organized a three-day conference in November 2018 with social partners to harmonize a decent work plan to cover all workers. The deliberations on the conference recommendations were interrupted by the onset of the COVID-19 pandemic, which shifted the attention of the Ministry of Labour and social partners to preserving existing jobs, particularly in the worst-affected sectors.

Case No. 3081: The Government of Liberia would like to inform the Committee that the investigation into the case of the two workers alleging anti-union discrimination was reopened. The workers were invited to the investigation but neglected to appear after several calls inviting them to the investigation. Now the Government would like to avail itself of the technical assistance from the Office to address the Committee’s recommendations to bring Case No. 3081 to a logical conclusion.

Employer members – Just in terms of the background, we are looking at a fundamental Convention, Convention No. 87, an up-to-date Convention ratified by Liberia in May 1962. Observations have been issued in the past in this case in 2017, 2018, 2019, 2020 and 2021, so a fairly consistent series in the last few years.

In terms of the main issues that the Committee of Experts has commented on, the main ones are: the absence of full recognition of the National Health Workers’ Union of Liberia; information requested on the legal provisions ensuring that public sector workers enjoy the rights and guarantees set out in the Convention; a similar request concerning maritime workers; and the need to amend section 45.6 of the Decent Work Act of 2015 to ensure the right to establish organizations to defend their occupational interests is fully recognized for foreign workers both in law and practice.

With regard to the designation of essential services by the National Tripartite Council, the Committee requested information on how such designation operates in practice and asked the Government 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.

Liberia has ratified 25 Conventions including 6 of the 8 fundamental Conventions, 2 governance Conventions and 17 technical Conventions. Liberia ratified Convention No. 87 in 1962.

We note that the Government of Liberia did not provide any additional written information on this case prior to this hearing. Turning to the Committee of Experts’ observations, we note that there are issues concerning the right to strike and related issues which are outside the scope of the Convention. Accordingly, the Employers will not comment on these issues raised by the Committee of Experts and these issues will not be addressed in the conclusions, as is normal practice with that particular issue.

The Committee of Experts noted allegations made by the African Regional Organisation of the International Trade Union Confederation (ITUC-Africa) on the dissolution of a trade union by a state-owned company and the arrests of union leaders. The Employer members note that dissolution of employers’ and workers’ organizations should be either regulated in the statutes of the organization or be decided by a court. An automatic dissolution by law is not in compliance with Article 4 of the Convention, which provides that workers’ and employers’ organizations shall not be liable to be dissolved or suspended by administrative authority. Furthermore, in line with Article 3 of the Convention, it is for employers’ and workers’ organizations to determine in their statutes the rules and procedures for dissolution when initiated by their members. This must be regulated by law.

Regarding the arrests of trade union leaders, we express concern and support the Committee of Experts’ request for the Government to provide full information in this regard by 1 September 2022.

With regard to allegations concerning the failure to grant legal recognition to the National Health Workers’ Union, the Government has replied that, since 2018, the Ministry of Health has given functional acceptance of that union as a body representing its members, pending the revision of appropriate national laws. The Employer members request the Government to provide additional information as to other pending allegations raised by this union and to inform on specific steps taken to ensure that this organization can be granted full legal recognition without delay.

With regard to the scope of application of the Convention, the Committee of Experts noted that section 1.5(c)(i) and (ii) of the Decent Work Act of 2015 excluded from its scope of application work falling within the scope of the Civil Service Agency Act. The Government has acknowledged that the Act does not cover workers in the mainstream public sector and indicated that a national labour conference was held in 2018 to create a framework for the harmonization of the Act and the Civil Service Standing Orders. The Employer members invite the Government to provide 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.

Furthermore, the Committee of Experts noted that section 1.5(c)(i) and (ii) of the Act also excludes from the scope of its application officers and members of the crew and any other persons employed or in training on vessels. In response, the Government indicated that there is a review on the application of the provisions in Liberia’s Maritime Regulations 10-318.2 in line with Liberia’s 2022 report on the maritime labour Convention. The Employer members invite the Government to provide detailed information as to how the rights enshrined in the Convention are applied to maritime workers in law and practice.

The Committee of Experts noted that section 2.6 of the Decent Work Act provided that all employers and workers, without distinction whatsoever, may establish and join organizations of their own choosing, and section 45.6 of the Act recognized the right of foreign workers to join organizations. The Government indicated that the right to establish organizations exists for foreign workers and foreign employers, and that there is no prohibition to the establishment of bodies solely composed of foreign workers or employers. On this issue, the Employer members invite the Government to provide information on how section 45.6 of the Decent Work Act ensures the right to establish organizations and to defend their occupational interests is fully recognized for foreign workers both in law and practice.

With respect to the determination of essential services, the Employer members will not comment on this issue, as before.

Worker members – First, we would like to reiterate our position on the right to strike in the scope of the Convention, which diverges from that of the Employer members.

Liberia ratified the Convention in 1962. The last time our Committee discussed this Convention in respect of Liberia was in 1990. The space for trade unions to freely operate in Liberia is closing. The Government is increasingly interfering in trade union activities and failing to comply with its obligations under the Convention in law and practice. We will share with this Committee some examples that raise major concern in this regard.

In November 2019, workers peacefully protested over the Government’s failure to pay their allowances and salaries since March 2019. The joint security forces of the Liberian Government, including the Police Support Unit and the Liberia Immigration Service were deployed to break up the protests. Our colleagues reported injuries caused by the disproportionate use of police force to break up the strike.

Between December 2020 and January 2021, some 298 leaders and members of the National Beverages and Industrial Workers’ Union of Liberia (NBIWUL) were dismissed by their management, a state-owned enterprise. The local union rightly protested these mass dismissals. In response, the management of the state-owned enterprise announced that it had dissolved the local union for acts incompatible with decency and gross insubordination on the job, indicating that the existence of workers’ union leadership is a privilege and not a right.

In June 2021, six workers of the union were arrested and detained at the headquarters of the Liberian national police for four days for carrying out a peaceful protest. In May this year, the General Secretary of the National Health Workers’ Union of Liberia (NAHWUL) reported state surveillance of his activities and threats against his life. We are deeply concerned that the Government is increasingly intolerant when workers are exercising their civil liberties and labour rights under the Convention and deplore the use of police brutality to prevent workers from peacefully protesting and engaging in strikes to pursue legitimate trade union activities.

More broadly, we note with concern the numerous acts of anti-union discrimination, the lack of effective remedies made available to workers and the overall unwillingness of the Government to address this situation.

The Government must refrain from undermining the exercise of rights under the Convention. We urge the Government to provide full information to the Committee of Experts regarding the dissolution of the local union by a state-owned enterprise, the use of force by police to break up peaceful strikes and the arrest of union leaders and wrongful dismissal of workers for their participation in strike action.

The next area of concern is the exclusion of some categories of workers from forming or joining a trade union. Firstly, the Government continues to deny NAHWUL legal recognition. The Government has explained 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. We recall that in 2016 NAHWUL filed a complaint with the Committee on Freedom of Association on these same matters. We regret that, contrary to the Government’s information, there has been no progress with respect to the legal status and registration of NAHWUL. The Government must take immediate steps to register NAHWUL as a trade union organization. This cannot be delayed any further.

Secondly, the Decent Work Act of 2015 does not apply to workers covered by the Civil Service Agency Act. Section 1.5(c)(i) and (ii) of the Decent Work Act excludes from its scope of application work falling within the scope of the Civil Service Agency Act. The Government has acknowledged this and though it had indicated 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, nothing has been done to ensure that civil servants and public servants can exercise their right to form or join a trade union, a right protected under the Convention. In a recent court ruling, the court decided that associations of public servants are not subject to the Decent Work Act. As such, they cannot be members of the Liberia Labour Congress, the umbrella organization of labour unions in Liberia. The court, therefore, declared that the conference of the Liberia Labour Congress, which was held on 30 March 2022, and in which the Civil Servant Association of Liberia participated, was therefore null and void. This is a major setback for the union movement in Liberia and an interference in the independence of the Liberia Labour Congress. There is no doubt, as has been articulated by the Committee of Experts, that all workers, with the sole possible exception of the police and the armed forces, are covered by the Convention. We again urge the Government to take immediate steps to register the Civil Servant Association of Liberia and to redress any harm caused to the Liberia Labour Congress in this regard.

Thirdly, section 1.5(c)(i) and (ii) of the Decent Work Act also excludes from its scope of application officers, members of the crew, and any other persons employed or in training on vessels. We note that the Committee of Experts 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. Regrettably, the Government has not provided the specific information requested by the Committee of Experts in this regard. The Government must provide detailed information as to how, both in law and practice, these particular rights are ensured to maritime workers, including trainees. In line with the comments of the Committee of Experts, we urge the Government to take any necessary measures, including through the amendment of section 45.6 of the Decent Work Act, recognizing the right of foreign workers to join organizations in order to ensure that the right to establish organizations to defend the occupational interests of foreign workers is fully recognized both in law and practice.

Finally, with respect to the determination of essential services, we note that section 4.1 of the Decent Work Act tasks the National Tripartite Council with identifying and recommending to the Minister services to be considered as essential services for consideration and determination. Though section 41.4(a) of the Act defines “essential services” as 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, the President of the Republic decides whether to designate any service as an essential service and can apparently do so without recourse to the recommendation of the National Tripartite Committee. So the question here is whether the President is bound by the definition of “essential services” in section 41.4(a). We must reiterate that respect for the rule of law and civil liberties is essential for the exercise of freedom of association and we urge the Government to ensure that the powers of the President to designate any service as an essential service is in line with the Convention.

Government member, France – I am speaking on behalf of the European Union (EU) and its Member States. The candidate countries Montenegro and Albania, and the European Free Trade Association country Norway, Member of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights, such as the right to organize and freedom of association.

We actively promote the universal ratification and implementation of all fundamental international labour standards, including Convention No. 87 on freedom of association. We support the ILO in its indispensable role to develop, promote and supervise the application of ratified international labour standards and of the fundamental Conventions in particular.

The EU and its Member States are long-term partners of Liberia. This partnership is further reinforced in the framework of our cooperation with the African Union (AU) and Economic Community of West African States (ECOWAS), as well as in including Liberia among beneficiaries of the EU’s “Everything but Arms” scheme for least developed countries.

We note with concern the observations of trade union organizations with regard to allegations of violations of freedom of association and the right to organize, including the right to strike, and in particular the use of police force to break up peaceful strikes, the arrest of trade union leaders and the wrongful dismissal of workers for their participation in strike action. We support the Committee’s call to the Government to provide its response to these allegations.

With regard to the scope of the application of the Convention, we recall that all workers without distinction whatsoever, including public sector workers, are covered by the Convention. The extent to which the Convention applies to the armed forces and the police is to be determined by national laws or regulations.

We echo the Committee’s request to the Government to provide specific information on developments in this regard, in particular in relation to public sector workers and maritime workers, including trainees, that cannot be considered to be part of the armed forces or the police. We also ask the Government to provide additional information on the process of designation of essential services by the National Tripartite Council and the President.

We welcome the information already provided by the Government on the Decent Work Act of 2015, but we would also like to underline the Government’s obligation to ensure that the right to establish organizations to defend their occupational interests should also be fully granted to foreign workers, both in law and practice.

The EU and its Member States will continue to monitor and analyse the situation and remain committed to our close cooperation and partnership with Liberia. This cooperation could also include specific technical assistance in the event that Liberia decides to move towards ratification of the two remaining fundamental Conventions not yet ratified, the Equal Remuneration Convention, 1951 (No. 100), and the Minimum Age Convention, 1973 (No. 138).

Worker member, Canada – Liberia’s Decent Work Act of 2015 clearly states that it applies to all work performed within the jurisdiction of the Republic. But there is a notwithstanding clause under section 1.5 that excludes work falling within the scope of the Civil Service Agency Act.

Issues affecting all civil servants are addressed through Standing Orders that the Liberia Labour Congress and the Civil Servant Association of Liberia argue are in conflict with article 17 of the Constitution of Liberia, which affords the right to associate in trade unions.

Challenges to the application of the Convention include the refusal to grant legal recognition to the National Health Workers’ Union of Liberia, and the court decision that the Civil Servant Association of Liberia is not subject to the Decent Work Act, and thus not able to join the Liberian Labour Council. In these cases, limited judicial interpretations of the Decent Work Act, which focus on the notwithstanding clause exemptions, severely restrict the ability of Liberian workers to exercise their rights to freedom of association.

The Liberian Government, while looking to make public service workers essential services workers, must be aware that classification as an essential service worker does not eclipse the right to freedom of association. Classifying and compiling essential services’ lists is a thorough tripartite process that is not to be used as a means to undermine workers’ rights and imperil industrial relations.

Further, Liberia is signatory to the International Covenant on Economic, Social and Cultural Rights, of which Articles 6 and 7 protect the right to work and Article 8 protects the rights of workers to form trade unions and to join the trade union of their choice. It is also signatory to the African Charter on Human and Peoples’ Rights of which Article 10 guarantees every individual the right to free association.

We call on the Government of Liberia to uphold its obligations under the Convention and universal human rights instruments to ensure workers their right to freedom of association.

Employer member, Democratic Republic of the Congo – On behalf of the employers’ group of the Democratic Republic of the Congo, it is incumbent upon us to consider the individual case of a sister country, Liberia, a case that relates to the Convention. We welcome not only the fact that the Decent Work Act of 2015 of this sister country, unless I am mistaken, is the only one in the world that refers directly in its title to the ILO’s Decent Work Agenda, but also the fact that, in June 2006, Liberia was the first country in the world to ratify the ILO Maritime Labour Convention.

In considering this individual case, it is appropriate to address the issue of the lack of legal recognition of the National Health Workers’ Union of Liberia by the Government, as alleged by the union. There is a development regarding the full legal recognition of this union. At this point, it is incumbent upon the Government to provide the Committee of Experts with additional specific and concrete information on measures taken to grant full legal recognition.

Also, article 1.5(c) of the Decent Work Act of 2015 excludes from its scope a category of maritime workers and trainees. But, contrary to the Government’s allegation that the above-mentioned category of workers enjoys the rights set out in the Convention, we fully concur with the position of the Committee of Experts, noting that the Government has not provided additional specific and concrete information sufficiently demonstrating how the prerogatives set out in the Convention are guaranteed to these maritime workers. Accordingly, we urge the Government to do so, in law and practice.

Article 45.6 of the Act does not comply with Article 2 of the Convention and, therefore, needs to be repealed, if not amended.

Finally, it is incumbent upon us to point out that the right to strike is not provided for under the Convention. The Convention was not drafted in this sense by the tripartite constituents at the time of its elaboration and adoption. The legislative history of the Convention is unquestionably clear. The 1948 ILO preparatory report states that the Convention in question concerns freedom of association and not the right to strike. Moreover, during the discussions on the Convention at the 1947 and 1948 sessions of the International Labour Conference, no amendments concerning the right to strike were adopted or even submitted.

Worker member, South Africa – I want to note that the matter before the Committee concerns violations of the Convention by the Government of Liberia. I also note from the Committee of Experts’ report that public service employees and maritime workers and others listed in the Decent Work Act of 2015 do not enjoy the right to freedom of association.

I also note that Liberia ratified the Convention on 25 May 1962. From 1962 to 2022, it is about 60 years without public service workers enjoying their rights to freedom of association. Year after year, the Government is here at the International Labour Conference. I just wonder what they think about their own country’s compliance.

I also note that in 2015 the Government enacted the Decent Work Act. However, I am surprised to find that there are indecent provisions in the Act, in particular section 1.5(c), which excludes public service and maritime workers in the scope of coverage. What decent work is the Government talking about when certain groups of workers are not allowed to unionize or join federations, and bargain collectively.

We all understand that one of the pillars of the Decent Work Agenda is the promotion and protection of workers’ rights. As explained by the workers of Liberia and pronounced by their courts, their rights are being trampled upon. Six days before the commencement of this Conference, on 20 May 2022, a court in Liberia in Montserrado County ruled that public service workers have no rights under the Decent Work Act. So, the Government must tell us where those rights are enshrined.

Let me share some of the best practices from my country, South Africa. We only ratified this Convention in 1996, some 34 years after Liberia’s ratification. This was soon after the dismantling of the apartheid regime and its policies in 1994. Both our Constitution and labour laws recognize the right to freedom of association of all workers including public service workers; they all enjoy the right of freedom of association. They have their own trade unions which are affiliated to federations in the country. Our Government went further to accord these rights to soldiers, police and correctional service workers. They also have trade unions that represent them and bargain for their members. These unions are affiliated to federations.

I would therefore like to invite the Government of Liberia and its social partners to visit my country to see for themselves. My call is only for compliance.

Worker member, Ghana – I am speaking on behalf of the Organization of Trade Unions of West Africa (OTUWA). Workers in West Africa are appalled that Liberia remains the only ECOWAS and AU Member State that refuses to recognize the right of public sector workers to freely join or form trade unions of their choosing. To date, the Government cannot advance any genuine justification for taking this action. The instruments of the AU and ECOWAS, as well as those of the ILO, are not expected to be observed in the breach as the Government has continued to do with impunity.

The application of the provisions of the Convention have manifestly demonstrated that the protection and respect of the right to organize and to collective bargaining serve the cause of the national labour market and contribute to labour harmony. It is inconceivable that the Government and its officials, past and present, continue to assume and treat organized workers as threats. These same officials are organized as politicians under political parties’ platforms.

This Convention accords governments the task of ensuring the just and effective application of their provisions. It neither arrogates nor accords the Government the power or privilege to whimsically administer the human and labour rights of workers to freely join trade unions. In specific terms, Article 1 of the Convention is emphatic that workers without distinction shall enjoy the rights to freely organize and to use the benefits of association to advance their rights in the world of work. It is immoral, reckless and unacceptable for the Liberian supervisory ministry to accord itself the right to discriminately administer the provisions of this Convention.

At the recently held convention of the Liberia Labour Congress (LLC), some invited guests witnessed with shock the threats issued on the floor of the event by Liberia’s Minister of Labour. In an imperial manner, the Minister announced that public sector workers could not take part in the LLC’s convention and be elected as officers of the national labour centre. To follow up this naked threat and intimidation, the Ministry failed to nominate the elected LLC leadership as the genuine workers’ representatives to this conference. It took the protest of the ITUC-Africa and ITUC to the conference’s Credentials Committee to get the Ministry to reverse its decision.

Trade unions are the legitimate representative organizations of working people, reflecting their aspirations and translating their concrete material needs into collective action for change. They are agents for transformative change. We are confident that if the Government changes its attitude towards public sector workers the country will be the better for it. We urge this Committee to call on the Government to take well-measured and timely steps to ensure the genuine application of the provisions of the Convention.

Worker member, France – Serious violations of the Convention are taking place in Liberia in complete contradiction to the commitments made in 2015. Indeed, in June 2015, the President of Liberia signed into law the Decent Work Act, the first labour legislation in the country since the 1950s. This Act marked the second time that this African country had taken the lead in promoting ILO standards. In June 2006, Liberia was the first country in the world to ratify the Maritime Labour Convention, 2006, (MLC, 2006). In 2015, it passed the first labour legislation in the world to explicitly reference the Decent Work Agenda in its title. What is more, Liberia’s commitment to the Agenda went far beyond the title of a new law. The law clearly stated its objectives, the first of which was to promote decent work in Liberia. Among other things, this should correspond to an enabling environment for the creation of quality jobs and was supposed to enable workers to exercise their rights at work.

Chapter II, section 2.6, of the pending law explicitly promoted fundamental labour rights, including freedom of association and the right to collective bargaining, specifying that everyone was free to join the organization of his or her choice without prior authorization and that everyone could engage in a strike or lockout in accordance with Chapter 41.

But a closer reading of Chapter 41 of the Decent Work Act of 2015 reveals that significant restrictions on the right to strike were already in place, and the title of that chapter, at 41.2 “Prohibitions on Certain Strikes and Lockouts” is quite explicit.

In addition, the Montserrado Civil Court ruling, issued in March 2020 and reinforced in May 2022, reiterates that the Civil Servant Association of Liberia is not entitled to the rights granted under the Decent Work Act on the grounds that public sector employees in Liberia are not allowed to unionize and their organizations are not allowed to join the Liberia Labour Congress.

With so many restrictions on the Convention, the violations are proven, and the court’s judgments confirm this. The Government must therefore comply with the Convention, which it ratified in 1962, and not claim to have made any progress in the area of decent work, given that the observations of ITUC-Africa, received on 31 August 2021, denounce the dissolution of a union by a state-owned enterprise; the use of force by police to break up peaceful strikes; the arrest of union leaders; and the unjustified dismissal of workers because of their participation in strike action.

Worker member, Republic of Korea – I am speaking on behalf of the Workers of the Republic of Korea and the United States of America. First, I want to associate myself with the concerns articulated by my trade union colleagues that the Decent Work Act of 2015 continues to exclude civil servants, employees of state-owned enterprises and maritime workers. Article 2 of the Convention applies to all workers, with narrow exceptions for the armed forces and police.

As noted in the Committee of Experts’ report, the Government has so far failed to articulate that existing laws, including the Civil Service Agency Act, to adequately protect the rights of public workers to organize trade unions. The consequences of this legal uncertainty are clear as the National Health Workers’ Union of Liberia (NAHWUL) has still not been granted full legal recognition to bargain with the Ministry of Health. This unwarranted delay is particularly shameful given the essential and heroic role health workers played in combating the COVID-19 pandemic.

In the private sector, there are concerning reports that a large multinational tyre and rubber company has been converting employees to “independent contractors”, undermining the existing trade union through employee misclassification. We call on the Government to grant full legal recognition to NAHWUL, fully investigate allegations of employment misclassification on its rubber plantations and revise its labour laws in line with the Committee of Experts’ recommendations.

Observer, International Trade Union Confederation (ITUC) – I am Edwin B. Cisco representing the Liberia Labour Congress. I am unable to join you at the International Labour Conference because the Government, through the Ministry of Labour, has refused to acknowledge and accept the public sector workers of Liberia as being part of the Liberia Labour Congress so therefore we are denied access to participate in the Conference.

We present compliments and thank you for this opportunity to speak on behalf of the workers of Liberia.

Our country has been based on a foundation of discrimination, in all its political bodies and governance structure. The labour movement is no exception and does bear the brunt of these discriminatory laws preventing public service and maritime workers from organizing or forming unions. This is done under the guise of protecting the State at the expense of the national Constitution, the workers and people of Liberia. Our country, as the oldest African ILO Member State, has clear and explicit constitutional guarantees for workers without distinction to freedom of association. The Convention under discussion today is under serious attack by our Government. I totally agree with the statement of our spokesperson in the findings of the Committee of Experts in its 2022 report. In support of such findings, let me inform this Committee that public sector workers in Liberia who comprise the National Teachers’ Union of Liberia, the Civil Servant Association of Liberia and the National Health Workers’ Union are denied the right to organize, form unions and affiliate to the Liberia Labour Congress. The Government does this using a discriminatory law called the Civil Service Agency Act. In 2015, the Government passed the Decent Work Act, which provides in its section 1.5(c) that: “(i) except where expressly provided, this Act shall not apply to work falling within the scope of the Civil Service Agency Act as contained in Chapter 66 of the Executive Law or such other law as may be enacted in its place; and (ii) this Act shall not apply to officers, members of the crew, seamen, mariners, greasers, firemen, stevedores, launch drivers, stewards, cooks, laundrymen, and any other persons employed or in training on vessels registered under the provisions of Chapter 2 of the Maritime Law or their employers”.

In this respect, public service associations and other categories of workers mentioned in the Act are not allowed to belong to the Liberia Labour Congress. On 27 March 2020 and on 20 May 2022, a court nullified the election of the Liberia Labour Congress on the grounds that the Civil Servant Association of Liberia and the National Teachers’ Union of Liberia are not recognized trade unions in terms of the Decent Work Act and so are not eligible to be members of the federation. The court also stated that the election of Mr Moibah Johnson as president of the Liberia Labour Congress is declared null and void and that the Government of Liberia should, through the Ministry of Labour, conduct an election for the workers of Liberia.

As a result of this infringement of our rights, we sought to attend this year’s International Labour Conference as delegates. Our case is pending before the Credentials Committee and the Government is empowered to constitute a body to reconduct our elections. This is unacceptable.

The Committee on Freedom of Association has pronounced, similarly, that employers’ organizations did not have the status of trade union organizations in the eyes of the national legislation.

I appeal to this Committee to make a conclusion that the Government is violating this Convention. It must amend the Decent Work Act to include public service workers and maritime employees in its scope. The Government must recognize the elected leadership of the Liberia Labour Congress and report to the Committee of Experts on 1 September 2022.

Finally, I implore your Committee to place the Government of Liberia in a special paragraph.

Observer, International Transport Workers’ Federation (ITF) – As a proud maritime nation, Liberia plays a critical role in the global shipping industry. The Liberian shipping registry is the world’s second largest and is comprised of over 5,000 vessels aggregating over 200 million gross tons. This represents almost 15 per cent of the world’s ocean-going fleet.

Therefore, it is particularly important that all national and foreign seafarers, including cadets and trainees, working on Liberian vessels, both domestically and internationally, enjoy full trade union rights under the Convention. As the Committee of Experts and many speakers have noted, section 1.5(c)(i) and (ii) of the Decent Work Act of 2015 explicitly excludes from its scope of application officers, members of the crew and any other persons employed or in training on vessels. There is no justification under the Convention for the exclusion from coverage of this particularly vulnerable occupational category.

In practice, we have observed that over 60 per cent of Liberian-flagged vessels are covered by an ITF-approved collective bargaining agreement and we certainly hope to see even higher coverage in the future. Nevertheless, it is imperative that national law explicitly grants full trade union rights to seafarers.

Under the Maritime Labour Convention, 2006 (MLC, 2006), which Liberia ratified in 2006, the Government must satisfy itself that the provisions of its laws and regulations respect, in the context of the Convention, the fundamental rights to freedom of association and collective bargaining. It is also therefore in this regard that we encourage the Government of Liberia to act swiftly on this matter so as to bring its laws and regulations into conformity with both the Convention and the MLC, 2006.

The ITF would be happy to work with and assist the Government, the shipping registry and the national social partners to rapidly bring about this necessary labour law reform.

Observer, Public Services International (PSI) – I speak on behalf of PSI and its affiliate in Liberia, the National Health Workers’ Union of Liberia (NAHWUL).

Despite the Committee on Freedom of Association’s recommendations on Case No. 3202, of March 2018, the Government has still not recognized and certificated NAHWUL. Yet, in September 2019, the Government signed a Memorandum of Understanding with NAHWUL, the union they do not recognize. The Memorandum stated that the Ministry of Health would facilitate the granting of legal status to the union and that the union would be considered as a stakeholder when decisions were made affecting health workers. However, none of the items of the Memorandum have ever been respected by the Government.

For instance, during the COVID-19 pandemic, NAHWUL was left out of all planning, as was the case during the Ebola crisis. As a direct result, there was no personal protective equipment, training, medication or properly functioning laboratory, all of which exposed most of our colleagues and patients to health hazards that could have been avoided and prevented.

NAHWUL complained in this regard, which led the Government to issue serious threats against trade union members and the leadership. After finishing a study trip to Germany, in September 2020, NAHWUL’s General Secretary, Mr George Poe Williams, facing imminent detention, was not able to go back to the country and has lived in exile ever since. As a result, among the many other obstacles and pains of his life in exile, Mr Williams has not seen his wife and four children since the autumn of 2019 – almost three years and during the pandemic.

I would like to bring the following facts to the attention of this Committee.

By 16 December 2021, a bill to amend the Decent Work Act of 2015 was introduced on the floor of the lower house of the Liberian Parliament, once again ignoring unionization in the public sector. Meanwhile, on 28 February 2022 when the Decent Work Act was being discussed in the Senate, the Senate Judiciary Committee Chairperson, who is also a member of the Committee on Labour denied public sector workers who were invited to the hearing the opportunity to speak, instructing them to go to the court to obtain amendments.

Yet, on 20 May 2022, two weeks ago, Judge Dunbar of the Sixth Judicial Circuit, Civil Law Court B, passed a ruling making it illegal for public sector workers to form unions, citing the Decent Work Act of 2015. We regret that the Government has not made any comments about this development as if it is trying to hide the facts from this discussion.

In addition, the Government is currently in “social dialogue”; this is an irony, with a small group of health workers negotiating under the name of South-Eastern Health Workers’ Network. They have requested and subsequently agreed on a salary adjustment. A thing that NAHWUL has called for, for many, many years without obtaining any results.

We deplore these practices; we demand the Government to state before this Committee that it will refrain from harassing and threatening trade unionists, or interfering with trade union affairs, and that it will allow the safe return of Mr Williams to the country. And that it will take the necessary steps in law and practice for the recognition certification of NAHWUL and public sector unions in general.

Government representative – The Government would like to thank the Employer and Worker representatives and all who made comments. The Government takes note and is committed to ensure that all workers within Liberia are covered under the Convention. The Government acknowledges that it is a long journey that would involve the judiciary and the legislature. It has taken a step in getting that done.

The Government would like to note that all workers within the private sector are fully covered by the Decent Work Act of 2015 and have the right to unionize. The Government cannot validate cases mentioned by the Worker representative as it has just been brought to our attention. The Government acknowledged that the Decent Work Act of 2015 excluded maritime workers and public workers but is making efforts to ensure that the law is harmonized.

It is a known fact that Liberia has suffered 15 years of civil conflict and the Decent Work Act of 2015 is a recognition of the ILO Decent Work Agenda. Under post-war economic status, coupled with the pandemic, the Government is making progress in harmonizing the labour law.

Aside from the Decent Work Act of 2015, the Constitution of Liberia has given everyone the right to form associations. Currently, the Liberia Labour Congress has a leadership crisis that has caused the delegation to arrive late at this Conference. The Government has to await a court ruling to complete the delegation. The Government remains independent to attend a conference of the Liberia Labour Congress and is willing to work with any of the parties.

Employer members – We have listened very carefully to the positions of the groups and participants, and we share the views on the gravity of the situation expressed by the majority in this room. In this light, the Employers’ group urge Liberia to uphold its obligations under the Convention and in particular it should provide full information on the dissolution of trade unions or a trade union and the arrest of trade union leaders.

It should provide additional information as to other pending allegations raised by NAHWUL and inform on specific steps taken to ensure that this organization can be granted full legal recognition without delay.

It should also provide information on how section 45.6 of the Decent Work Act ensures the right to establish organizations to defend their occupational interests is fully recognized to foreign workers both in law and practice.

It should provide information on legal provisions that 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 an enactment.

Finally, it should provide detailed information as to how the rights enshrined in the Convention will ensure maritime workers are protected in law and practice.

Worker members – We note the comments of the Government and thank all those who took the floor to throw more light on the situation in Liberia with respect to the application of the Convention. We deplore the absence of the Workers’ delegates from Liberia to the International Labour Conference.

In light of the comments made by some Employers’ delegates during the discussion, the Worker members are bound to recall particularly the long-standing and consistent case law of the Committee on Freedom of Association and the comments of the Committee of Experts which confirm that the right to strike is an essential component of the right to freedom of association.

We have raised the serious violations with respect to the Government’s application of the Convention in law and practice. The Government must take urgent steps, in full consultation with the social partners, to bring its law and practice into line with the Convention. In particular, we call on the Government to:

- ensure that all workers are able to exercise their labour rights under the Convention in an environment of respect for civil liberties, including freedom of association, freedom of expression, peaceful assembly and protest without interference and fear for their personal safety and physical integrity;

- ensure that trade union leaders and members are not jailed for engaging in trade union activities and that threats against trade union leaders are fully investigated and the perpetrators duly punished;

- put in place measures including dissuasive sanctions to ensure that employers will not be able to dissolve trade unions and that trade unions can only be dissolved by a judicial authority and only as a last resort for serious violations of law;

- register the National Health Workers’ Union of Liberia (NAHWUL) as a trade union organization without further delay and provide additional information to the Committee of Experts on any pending allegations as well as information to the Committee on Freedom of Association concerning Case No. 3202;

- review the Decent Work Act and any other related legislation to ensure that all workers, with the sole possible exception of the police and the armed forces, are able to exercise the right to form or join a trade union of their choice; in particular, ensure that public sector workers and civil servants enjoy the rights and guarantees set out in the Convention;

- provide information to the Committee of Experts on provisions drafted or envisaged for enactment and the time frame expected for such an enactment;

- review the law to ensure that officers, members of the crew and any other person employed or in training on vessels are able to exercise their rights under the Convention, and provide information to the Committee of Experts on how the rights are ensured to maritime workers, including trainees;

- review section 45.6 of the Decent Work Act to ensure that the right to establish organizations to defend their occupational interests is fully recognized for foreign workers, both in law and practice;

- review the Decent Work Act to ensure that a designation of essential services is done in line with the Convention;

- provide information to the Committee of Experts on measures taken and results achieved to provide adequate remedies to workers who are victims of anti-union discrimination, especially measures for reinstatement.

The Government must provide information to the Committee of Experts by 1 September 2022 on all the measures being taken to comply with its obligations under the Convention, and any developments in this regard.

We call on the Government of Liberia to avail itself of an ILO advisory mission to ensure that it brings its law and practice into compliance with the Convention.

Conclusions of the Committee

The Committee took note of the oral information provided by the Government representative and the discussion that followed. The Committee regretted that the Government did not provide any written information.

Taking into account the discussion, the Committee urges the Government, in consultation with the social partners, to:

- ensure that all workers are able to exercise their labour rights under the Convention in an environment of respect for civil liberties, including freedom of association, freedom of expression, peaceful assembly and protest without interference and fear for their personal safety and bodily integrity;

- ensure that trade union leaders and members are not jailed for engaging in trade union activities and that threats against trade union leaders for their activities are fully investigated and the perpetrators duly punished;

- enact measures, including dissuasive sanctions, to ensure that trade unions can only be dissolved by a judicial authority, only as a last resort for serious violations of law;

- resolve the registration of the National Health Workers’ Union of Liberia (NAHWUL) as a trade union organization without further delay and provide additional information on any pending allegations;

- review the Decent Work Act and any other related legislation to ensure that all workers, including foreign workers, are able to exercise the right to form or join a trade union of their choice; and

- ensure that public sector workers enjoy the protection of the freedom of association rights under the Convention.

The Committee invites the Government to avail itself of technical assistance from the Office.

The Committee requests the Government to submit a report to the Committee of Experts by 1 September 2022 providing information on the application of the Convention in law and practice, in consultation with the social partners.

Government representative – The Government of Liberia takes note of the Committee’s conclusions and would like to assure the Committee that its report will be submitted to the Committee of Experts as scheduled.

The Government would also like to assure the Committee that it will continue to ensure that no trade union or association leaders and members are jailed for engaging in union or association activities. If there is any case of such that has not been brought to our attention, we ask that it be done for speedy investigation.

The Government acknowledges that there is a typical issue of conflict of law between the Convention, the Civil Service Act, and the Decent Work Act of 2015. These three instruments carry equal strength of statute. In all jurisdictions where a conflict of law continues, either the court of law or the legislature can resolve it. In the case of Liberia, no party submitted this issue before a court of competent jurisdiction through a petition for judiciary judgment. Also, neither has any party petitioned the national legislature for an amendment to any of the reference laws. However, what is regularly noted is an internal fight for leadership within the Liberia Labour Congress. What is alarming and unacceptable is that conflicting factions always try to align with the Government of Liberia in or with outside influence as taking sides in the leadership struggle.

The rule of law is the only mechanism through which this issue should and can be resolved. Therefore, the Committee resolution to register the National Health Workers’ Union of Liberia (NAHWUL) as a trade union organization ignoring judicial proceedings is prejudicial to the working of the National Tripartite Council. Now, the Government of Liberia requests ILO assistance to play a further role in the governance for national management in social cohesion of the Liberia Labour Congress.

As a Government, we will support these reforms but not directly as to avoid being seen as compromising the independence of the Liberia Labour Congress. Gratitude is extended to the Committee for its continual understanding and support.