Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Libéria (Ratification: 1959)

Autre commentaire sur C111

Observation

Demande directe

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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).