Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Repetition

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee noted the adoption of the Act to ban trafficking in persons 2005 (Trafficking Act) which prohibits all forms of trafficking (section 2), as well as conspiring to, assisting in, or attempting to engage in trafficking of persons (section 5). It requested the Government to provide information on the application in practice of the provisions of the Trafficking Act.

The Committee notes the Government’s indication that a total of 47 persons were trafficked to Liberia from 2010 to 2013. Thirty seven of the victims were from Bangladesh and were repatriated to their country. The perpetrator however has escaped from the country. In 2013, eight females were trafficked to Liberia from Morocco. The victims are currently staying in a temporary shelter while the prosecution of the case is pending. The first conviction under the Trafficking Act was obtained in January 2013. The perpetrator was convicted and sentenced to one year of imprisonment. The Committee requests the Government to continue providing, in its next report, 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.

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. The Committee previously noted the Government’s indication that regarding the situation of forced labour and captivity practices which took place in the south-eastern part of the country in connection with armed conflict, a tripartite delegation was dispatched to this part of the country to conduct investigations in this respect. The interviews conducted had confirmed that during the civil war, several warring factions were engaged in the practice of forced labour and sexual violence, but since law and order had been restored, no incidence of forced labour was observed.

The Committee took note of the Truth and Reconciliation Commission (TRC) report, which provides in-depth information on cases of forced labour practices, recommending the prosecution of the perpetrators. An Independent National Human Rights Commission had also been established, in this respect. The Committee also noted that the TRC report recommends a reparations programme of US$500 million over a period of 30 years and that all direct victim support programmes must be implemented including memorials, victim support, and the process of prosecution.

The Committee notes the Government’s indication that it has not prosecuted any of the perpetrators as recommended by the TRC. Some of those listed in the TRC report challenged the legality and the constitutionality of the report by filing an action with the Supreme Court. The Supreme Court held that the imposition of the ban on some Liberians from holding public office, as recommended by the TRC, is in violation of the Constitution. The Government also indicates that the National Human Rights Commission has completed its workplan and submitted it to the Executive Branch and the National Legislature. Although forced labour was prevalent during the Liberian civil conflict, the illegal exaction of forced labour is punishable, and the decentralization of civil administration has eradicated such practices.

The Committee recalls that under Article 25 of the Convention the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation of the State to ensure that the penalties imposed are really adequate and are strictly enforced. The Committee therefore requests 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. It also requests the Government to provide information on any legal proceedings which have been instituted for that purpose and the penalties imposed on the perpetrators of forced labour.

Article 2(2)(d) and (e). Legislation concerning emergencies and minor communal services. Once again, the Committee requests the Government to supply copies of any legislation governing work or service exacted in cases of emergencies. It also requests the Government to provide information on any legal provisions applicable to local public works, self-help projects and minor communal services and indicate the actual practice in the matter.