Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Liberia (Ratification: 1962)

Other comments on C087

Observation

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Comments from workers’ and employers’ organizations

The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee.

The Committee further notes the comments submitted by the International Trade Union Confederation (ITUC) dated 31 July 2012 concerning the application of the Convention. The Committee requests the Government to provide its observations in this respect, as well as on the ITUC’s comments of 2008 and 2010 concerning serious acts of violence against strikers and the closure of a trade union radio station.

Legal issues. The Committee recalls that, for many years, it has been commenting on the need to amend or repeal the following provisions of the Labour Practices Law, which are inconsistent with the provisions of the Convention:

-section 4506 prohibiting workers in state enterprises and the public service from establishing trade unions;
-section 4601-A prohibiting agricultural workers from joining industrial workers’ organizations; and
-section 4102, subsections 10 and 11, providing for the supervision of trade unions elections by the Labour Practices Review Board.

The Committee recalls that, in its previous comments, it had noted the Government’s statement to the effect that a new Labour Code – entitled “Decent Work Bill” (2009) – had been drafted. The Committee notes that, in its report, the Government mentions that: (1) the Decent Work Bill takes account of all the matters raised by the Committee and the reform process is almost complete; (2) measures are under way to submit the Bill to the 53rd National Legislature; (3) a seminar with members of committees entrusted with the work of the Parliament and Senate was foreseen for May 2012; and (4) the legislation guaranteeing civil servants the right to establish trade union organizations (Ordinance on the public service) is being revised. The Committee hopes that the Decent Work Bill will be adopted in the near future and that it takes account of the comments the Committee has been making for many years. It reminds the Government that it might, if it wishes, avail itself of the Office’s technical assistance. The Committee requests the Government to provide information in its next report on any developments in the legislative process, as well as a copy of the text once adopted.

Finally, the Committee requests the Government to provide a copy in its next report of the text repealing Decree No. 12 of 30 June 1980 banning strikes.