Observación (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Liberia (Ratificación : 1962)

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Observación

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The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2023, which reiterate the comments made at the discussion held in the Committee on the Application of Standards of the Conference (hereinafter the Conference Committee) in June 2023 on the application of the Convention by Liberia. It further notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2023 and referring to the issues addressed by the Committee below. While noting the Government’s indication that there has been progress in the resolution of the frictions in the trade union movement in Liberia and, in particular, that with the election of a new leadership of the Liberia Labour Congress (LLC), supported by a majority of its member organizations, the labour dispute caused by the elections was being resolved, the Committee notes the ITUC’s allegation of the Government’s interference in the election process. The Committee requests the Government to reply to this serious allegation of violation of trade union rights.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 111th Session, June 2023)

The Committee notes the discussion that took place in the Conference Committee in June 2023 concerning the application of the Convention. The Conference Committee, noting the long-standing nature and the prior discussion of the case, most recently in 2022, expressed its regret that the Government had not implemented its previous recommendations and requested it to take urgent steps, in full consultation with the social partners, to bring its law and practice into line with the Convention and in particular to: (i) ensure that all workers are able to exercise their labour rights under the Convention in an environment of respect for civil liberties, including the right to freedom of association, freedom of expression, peaceful assembly and protest without interference and fear for their personal safety and physical integrity; (ii) ensure that trade union leaders and members are not jailed for engaging in trade union activities and that threats against trade union leaders for their trade union activities are fully investigated and the perpetrators duly punished; (iii) put in place measures, including effective and sufficiently dissuasive sanctions, to ensure that trade unions can only be dissolved following due process and by a judicial authority only as a last resort; (iv) 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; (v) review the Decent Work Act and any other related legislation to ensure that all workers are able to exercise the right to form or join a trade union of their choice and in particular, ensure that public sector workers and civil servants enjoy the rights and guarantees set out in the Convention; (vi) ensure that the rights enshrined in the Convention are afforded to maritime workers, including trainees, and that any laws or regulations adopted or envisaged cover this category of workers; and (vii) ensure that foreign workers are entitled to form and join unions of their own choosing in line with the Convention. The Conference Committee urged the Government to provide information to the Committee by 1 September 2023 on all the measures taken to implement these recommendations and to comply with its obligations under the Convention and on any developments in this regard. The Conference Committee also called on the Government to continue to avail itself of technical assistance from the Office and to accept a direct contacts mission.

The Committee recalls that it previously urged the Government to conduct an independent investigation into the allegations by the African Regional Organization of the ITUC (ITUC – Africa) denouncing the dissolution of a trade union by a state-owned company; the use of police force to break up peaceful strikes; and the arrest of union leaders and wrongful dismissal of workers for their participation in strike actions and that it requested the Government to provide information on the outcome. The Committee further requested the Government to provide its comments on the ITUC’s recurring allegations pertaining to the increasing intolerance towards workers exercising their civil liberties and rights under the Convention. The Committee notes the Government’s indication that no trade union leaders are currently in the custody of the national security forces and that preventive measures have been taken. The Committee regrets that the Government does not indicate whether an independent investigation has been conducted into the above-mentioned allegations with a view to punishing the perpetrators, as requested by the Conference Committee. Noting with concern the ITUC’s most recent observations denouncing the continuously shrinking space for the exercise of trade union rights,the Committee urges the Government to investigate all of the above-mentioned allegations and to provide detailed information on the outcome. The Committee requests the Government to provide detailed information on the nature and scope of the preventive measures it referred to in its report.

Scope of application. The Committee previously requested the Government to grant full recognition to NAHWUL through the harmonization of the Decent Work Act 2015 and the Civil Servant Standing orders. In this respect, it requested the Government to provide specific information on developments regarding the creation of a framework for the harmonization of the Decent Work Act and the Civil Service Standing orders for the enjoyment by public sector workers of the rights enshrined in the Convention. The Committee notes the Government’s indication that there was a sequence of meetings scheduled with legislators, beginning 31 August 2023, to facilitate the creation of exemptions through amendments of the Decent Work Act that would grant both NAHWUL and the National Teachers Association in Liberia recognition. The Committee notes the ITUC’s allegation that there has been no progress with the harmonization of the law to ensure the right of civil servants and public servants to form or join a trade union. Recalling that all workers, with the sole possible exception of the police and the armed forces, are covered by the Convention, the Committee reiterates its previous request and expects that necessary measures will be taken to that end without further delay. The Committee therefore once again urges the Government to harmonize the Decent Work Act and the Civil Servant Standing orders in order to enable NAHWUL to register as a trade union organization and grant it full statutory recognitionin law and in practice without further delay, in accordance with the Committee’s previous request and the most recent call to this effect by the Conference Committee, and expects the Government to provide detailed information on the developments, including any legal measures adopted or envisaged in this respect.

Article 1 of the Convention. Right of workers, without distinction whatsoever, to establish organizations. The Committee previously noted that section 1.5(c)(i) and (ii) of the Decent Work Act excludes from its scope of application, maritime workers, including trainees, and requested the Government to provide information on the application of the rights enshrined in the Convention for such workers and on any laws or regulations adopted or envisaged covering this category of workers. The Committee reiterates its deep regret at the lack of information in this respect and firmly expects that the Government’s next report will contain the relevant information.

The Committee recalls that it previously requested the Government to amend section 45.6 of the Decent Work Act to guarantee foreign workers their right to work, and that, having taken note of the Government’s indication that discussions had been opened with existing foreign workers’ bodies with regards to their rights to organize and defend their occupational interest, the Committee requested the Government to provide information on the outcome of the discussions. The Committee notes the Government’s indications that there were no requests received in connection with trade unions for foreign workers or any complaints made to the Government regarding the refusal of existing unions to admit such workers. Noting with regret that the Government provides no information pertaining to the discussions which it previously indicated it had commenced or regarding any legislative measures taken to guarantee foreign workers the right to organize, the Committee expects the Government to take the necessary measures, in the near future, including through the amendment of section 45.6 of the Decent Work Act, to fully guarantee, in law and in practice, foreign workers their right to organize. The Committee requests the Government to inform it of developments in this regard.

Article 3. Determination of essential services. The Committee previously requested the Government to provide information on how the designation of essential services by the National Tripartite Council operates in practice, to clarify whether the President is also bound by the definition of the notion of essential services set out in section 41.4(a) of the Decent Work Act (services the interruption of which would endanger the life, personal safety or health of the whole or any part of the population of Liberia), and to provide information on any presidential decisions concerning the designation of essential services and how such designation operates in practice. The Committee notes the ITUC’s indication that, although according to section 4.1 of the Act, recommendations by the National Tripartite Committee inform the designation of certain services as essential, the final decision on such designation is taken by the President who is not bound by the recommendations of the National Tripartite Committee. Noting with regret that the Government provides no information in this regard, the Committee reiterates its previous request and expects the Government to provide the relevant information.

Noting the Government’s indication that it avails itself of the offer of ILO technical assistance, the Committee expects that all of the above-mentioned issues will be addressed without further delay so as to bring the national law and practice into full conformity with the Convention. Like the Conference Committee, the Committee calls on the Government to accept a direct contacts mission.