Individual Case (CAS) - Discussion: 2023, Publication: 111st ILC session (2023)

Written information provided by the Government

The Government of Liberia has requested and has been offered technical assistance by the ILO that would offer a road map for the resolution of the issues most recently raised by the Committee on the Application of Standards. The ongoing work of technical assistance (which began towards the end of May) includes a review of existing decisions by the Ministry with the goal of advising as to what actions in line with the Committee’s recommendations can be done now, without violation of the current law, and proposing amendments to fully effect unrealized rights.

One possibility that would not require amendment is to modify the procedure of crafting the Standing Orders for the Civil Service such that public sector employees experience a process more closely resembling that of collective bargaining as enshrined in the Decent Work Act. The Government remains engaged in preventing workers from being arrested in pursuit of their rights and no custody of a labour leader is currently known. Existing national law does not allow the dissolution of a trade union by an employer or employers’ organization. This is only permitted upon application by the union itself, its members or the Minister to a court of competent jurisdiction (section 35.3(a) of the Decent Work Act). Any decision is also subject to appeal. No Minister has either entertained or instituted any process for the dissolution of a union. The Government is aware though that a voluntary shift of workers in a bargaining unit, consistent with their rights, from one union to another has been described by the union losing members as “dissolving” the union at that plant, although the term is not being used in its correct legal sense.

To properly protect workers, the State Party remains committed to robustly intervening in any case where an employer’s action is intended to undermine organization in the workplace. The Government continues to be protective of the safety of the leadership of the National Health Workers’ Union of Liberia (NAHWUL), although it has not been able to receive information from its leadership that will enable investigation of the alleged threat. The Government indicates that amendment of laws is an exercise outside the remit of the executive branch of Government, where the Ministry is situated, and NAHWUL’s continued claim of the desire to strike as the key reason why it should be formally considered a union by the Ministry of Labour means that no lawmaker is interested in casting a vote that could lead to deaths in their district, even their family or themselves. That part of NAHWUL’s claims would have to be omitted and further forgotten if it would like the debate of its status to gain traction in the national legislature.

Existing labour organizations in Liberia remain open to foreign workers and the Ministry is yet to receive a single complaint by a foreign national of being refused membership by a national union operating in the plant. The rules for the formation of representative organizations are the same for all workers covered by the Decent Work Act. The Ministry makes available the services of its staff in the event that some foreign workers prefer to organize unions exclusively for themselves. The Government notes, moreover, that, unlike in other countries, where foreign workers are in domestic or artisanal work, foreign salary-earners in Liberia tend to be overwhelmingly at managerial grades, leading to them being more represented in the employers’ organization, where the first vice-chairperson and a member of the three-person arbitration panel are non-Liberian. Additionally, national groups, like the World Lebanese Cultural Union and the Indian Business Union, articulate the interests of their members, who may not be currently employed.

The Government notes that a rift between two factions of the Liberia Labour Congress (LLC), which went as far as the nation’s highest court, left it with no counterpart with whom to discuss this matter. At the request of the court, it has set up a committee headed by a former Chief Justice, joined by a former Deputy Labour Minister and having a former Senator as adviser, that is working with the factions in the LLC to resolve the workers’ movement’s ongoing leadership crisis.

The Government denies these allegations and is confused as to how reinstating an employee who had been summarily dismissed for several years, favouring the employee with opportunities and the assignment to a more prestigious role could be seen as a threat on the employee’s life. The Government’s confusion is even more pronounced by the absence of any particular evidence or trail by the distinguished General Secretary on the alleged threats. The Ministry notes that efforts to harmonize the Decent Work Act and the Standing Orders are still at the embryonic stage due to the fact that civil servants have some advantages over workers covered by the Decent Work Act that the ministries and the civil service are unwilling to see their workers lose. These include: (1) shorter working hours; (2) the right to more consecutive absences from work before the loss of employment is enforced (14 compared to 10); (3) the permanence of jobs (redundancy almost never occurs); and (4) opportunities for advancement, the right to leave their post to run for political office and return to the job if the electoral run is unsuccessful. Additionally, the legislature is yet to see any particular interest in the general body of civil servants sacrificing these rights in the hope of obtaining bargaining rights that would essentially be null, as the International Monetary Fund has already capped public sector wages in Liberia.

Much of the advocacy for inclusion in the Decent Work Act is being pursued by a small group of leaders who are willing to endanger the benefits of their colleagues in order to obtain leadership in the Labour Congress, something that is likely to happen as the civil service is not just the largest employer, but is ten times larger than the next one (Firestone), which makes the leaders almost automatic winners at any Convention. Meanwhile, discussion with the lawmakers who were involved in the passage of the Decent Work Act reveals a strong concern at the possibility of the unwarranted promotion of the interests of any government in Labour Congress activities, when persons serving in the government chain of command can become leaders of the Labour Congress. Article 81 of the Liberian Constitution prohibits labour unions from canvassing for political parties, although their members can freely affiliate and contest as individuals.

Discussion by the Committee

Chairperson – We will proceed to the first case on our agenda which is Liberia on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). I wish to inform the Committee members, that the actual list of speakers in total has exceeded 17 and reduced speaking time limits will apply. I would like to invite the Government representative of Liberia, the Minister of Labour, to take the floor.

Government representative (Minister of Labour) – The delegation of Liberia states that a written response was submitted prior to this sitting. The Government of Liberia has requested and has been offered technical assistance by the ILO that would offer a road map for the resolution of the issues most recently raised by the Committee on the Application of Standards. The ongoing work of technical assistance, which began towards the end of May, includes a review of existing decisions by the Ministry of Labour with the goal of advising as to what actions in line with the Committee’s recommendation can be done now without violation of the current Law and proposing amendment to fully effect on realized rights.

One possibility that would not require amendment is to modify the procedure of drafting the Standing Orders for the Civil Service, which is the public sector. We will note that in Liberia we have two sectors of law: one is for the public sector and one is for the private sector. What we have not achieved is to harmonize the two laws so that all workers, regardless of whether public, private or informal, can have a right to unionize. We were in discussion with the legislature to ensure that this is achieved and at one point there was friction within the LLC, so it became factional and as such it resulted into court. There was a lengthy court procedure which culminated in the Supreme Court of Liberia notifying the elected officials of the LLC and requesting the Ministry of Labour to nominate eminent Liberians to convene a new election. The chair for that committee is the former Chief Justice, former Minister of Justice, former chair of the National Elections Commission. They have had three meetings with the LLC and its members and their respective trade unions and they have now developed the guidelines to proceed with a new election. What we do not favour as a Government is that while that process is ongoing, either faction opts to represent the LLC, because the rule of law through the Supreme Court has determined that there should be a new election and that election should have taken place just before this meeting. However, the Elections Commission thought that there was a need for alternative dispute resolution, to first go to a hearing before going to election, because the divide among them is deep, and that process has been ongoing.

We were successful in talking with both factions in the dispute with regard to attending the May Day Programme. It was very interesting. It was like one Labour Congress, they all were present, everybody spoke and it was very delightful. We feel that the social approach is good, we have had talks with the chairpersons of both houses of the legislature on reviewing the Decent Work Act and the Civil Service Agency Act, to see how they can be harmonized. With the challenges that they are all going through in the current election season, we have to have a programme where we would take them out of Monrovia, maybe for one week, to a county outside the capital, where they will all sit and do the harmonization. We are talking about 14 from the Lower House and 7 from the Upper House. We have experienced that when you approach an amendment in such a way it is easier when it goes to plenary because it will have the support of the sponsored committees. We look forward to getting support from the ILO to achieve that. We want to state categorically that the Government of Liberia has never been involved with interference in workers’ rights. We have been supportive to see how this harmonization can be done. We feel that we see a light at the end of the tunnel, and we ask for assistance from the ILO to ensure that a fresh election is held, consistent with the decision of the court, so that we can have first and foremost a unified, functioning Labour Congress in Liberia. Then we can go for the harmonization of the two laws to achieve one law for both public sector workers and private sector workers.

Employer members – The Employer members would like to thank the Minister from the Government of Liberia for the oral and written information presented on this case. We are discussing the Government of Liberia’s application in law and in practice of Convention No. 87, which is a fundamental Convention. Liberia ratified the Convention in 1962 and the Committee of Experts provided observations on this case in 2017, 2018, 2019, 2020, 2021 and 2022. The last time this case was discussed by this Committee was as recently as 2022.

This Committee’s conclusions in 2022 urged the Government 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 freedom of association, freedom of expression, peaceful assembly and protest without interference and fear for their personal safety and bodily 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 activities are fully investigated and the perpetrators duly punished; (iii) 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; (iv) 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; (v) 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 (vi) ensure that public sector workers enjoy the protection of the freedom of association rights under the Convention.

The Government acknowledges that it is receiving ongoing technical assistance from the ILO. Following the conclusions of this Committee in 2022, the Committee of Experts repeated some of the issues of concern, including:

- ITUC-Africa’s complaint about dissolution of a trade union by a state-owned company, as well as the harassment and arrest of trade union leaders: The Government denies that any trade union has been dissolved, which, it says, would not be in line with national legislation. The Government also states that the Ministry of Labour did not receive any allegations of harassment of trade union leaders. The Committee of Experts called on the Government to institute an independent investigation into the allegations without delay and to provide information on the outcome. The Employer members align with the Committee of Experts in this regard.

- Lack of legal recognition for NAHWUL, harassment of its General Secretary, as well as the Government’s increasing intolerance of workers exercising their civil liberties and rights under the Convention: The Government indicates that, pending legislative amendments to harmonize the Standing Orders for the Civil Service and the Decent Work Act, it is considering non-statutory means to afford employees a process that resembles collective bargaining. However, the Committee of Experts urged the Government to grant the union full recognition through harmonization of the Decent Work Act and the Standing Orders for the Civil Service. The Employer members support the Committee of Experts in this regard. With respect to the allegations of harassment of the General Secretary of NAHWUL, the Government stated that it does not have the necessary information to commence an investigation. The Employer members would like to urge the Government to conduct an independent investigation of the allegation and provide information on its outcome.

- Scope of application to civil servants: Noting the ITUC’s allegation that a recent court decision excluded associations of public servants from the Decent Work Act, the Committee of Experts urged the Government to provide information on the developments around its efforts to harmonize the Decent Work Act and the Standing Orders for the Civil Service, in order to ensure that public servants enjoy the rights enshrined in the Convention. In this regard, we note the information submitted by the Government that harmonization may not be a priority, given the articulated differences in conditions of service and benefits under the two regimes. Nevertheless, the Employer members call on the Government to harmonize the laws to the extent necessary to ensure that public servants can access their rights under the Convention.

- Exclusion of certain categories of maritime workers: With regard to the exclusion of certain categories of maritime workers from the Decent Work Act (section 1.5(1)(c) and (e)), the Committee of Experts had called on the Government to indicate how these workers were protected or enabled to enjoy the rights enshrined in the Convention. However, the Government did not provide any information in this regard. Therefore, the Employer members align with the Committee of Experts in urging the Government to provide information in this regard.

- Foreign workers: The Committee of Experts had previously recommended the amendment of section 45.6 of the Decent Work Act to enable foreign workers to form their own organizations to defend their occupational interests. In this regard the Government indicated that it was engaging with existing foreign workers’ bodies to form a separate body for this purpose. The Government is accordingly urged to submit information on developments on this issue.

- Essential services: As regards the Committee of Experts’ request to the Government to provide information on any developments with regard to the designation of essential services by the National Tripartite Council, the Employer members do not support this. We would point out that the issue of essential services is related to the right to strike and therefore falls outside the scope of the Convention. We would like to recall that, as evidenced by the clear wording and the legislative history of ILO standard-setting, neither Convention No. 87 nor any other ILO Convention contain rules on the right to strike.

This concludes our comments on this case. We look forward to hearing the views of other groups on this case.

Worker members – This is the second consecutive year that the Committee has been asked to examine the application of Convention No. 87 by the Government of Liberia.

Last year, the Worker members deplored the closing of the space for trade unions to freely operate in Liberia. In view of the deteriorating situation, this Committee has urged the Government to ensure that all workers are able to exercise their labour rights 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.

We regret to observe that no progress has been made on the ground since our last review. On the contrary, the Government continues to unduly interfere in trade union activities and persists in not complying with its obligations under the Convention in law and practice, in spite of what we hear regarding contact between the Government and the ILO in respect of technical assistance.

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 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 can no longer 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. Although in its report to the Committee of Experts the Government indicated that it was working to harmonize the Decent Work Act and the Standing Orders for the Civil Service, 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 by the Convention.

In 2022, the Civil Law Court decided that the association of public civil servants is not subject to the Decent Work Act. As such, they cannot be members of the LLC – an umbrella organization of labour unions in Liberia. The court therefore declared that the conference of the LLC which was held on 30 March 2022 and in which the association of public civil servants participated was null and void. This is a major setback for the union movement in Liberia and interference in the independence of the LLC.

In 2023, the Government continued to hinder the trade union activities of the LLC. In May, the LLC submitted its delegation list to the Ministry of Labour for the purposes of the Conference. The Government refused to nominate the delegates proposed because of their membership with the Civil Servant Association of Liberia. Instead it nominated unilaterally the workers’ delegation, in violation of the ILO Constitution.

There is no doubt, as has been articulated by the Committee of Experts, that all workers are covered by Convention No. 87 with possible limitations regarding the police and armed forces. We again want to urge the Government to take immediate steps to register the Civil Servant Association of Liberia and to address any harm caused to the LLC in this regard. Thirdly, section 1.5(c)(i) and (ii) of the Decent Work Act also excludes officers, crew members and any other persons employed or in training on vessels from its scope of application. The Government must provide detailed information as to how, both in law and in practice, these particular rights are ensured to maritime workers, including trainees.

Furthermore, 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, to ensure that the right to establish organizations to defend the occupational interests of foreign workers is fully recognized both in law and in practice.

Finally, with respect to the determination of essential services, we note that section 4.1 of the Decent Work Act gives the National Tripartite Council the function of 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 Council. We must reiterate that respect for the rule of law and civil liberties is essential for the exercise of freedom of association and urge the Government to ensure that the powers of the President to designate any service as an essential service is in line with Convention No. 87.

Employer member, Liberia – Liberia’s employers’ sector is facing challenges with regard to forming policy and having access to finance. This is creating a serious setback in the private sector. If you follow today in our country, most of the businesses are closing down. Since COVID-19 there has been no help given to the private sector. Therefore, if we must maintain what we are doing now with the employment system, we will see the private sector grow. In that case we will be able to maintain the workforce. So we ask that this meeting look at the issue of the private sector in Liberia. With regard to access to finance, the issue of rates is huge in the market. The employer is going to the bank to access a loan, the turnaround time of a loan is very short, because of liquidity needs in our country. These are challenges that we are faced with. The result is that most of the businesses are closing down and the workforce in our country is being reduced, so we need at least to seek in this Committee how to address the issue in our country.

Worker member, Liberia – Liberia is appearing before this Committee for the second consecutive time. The organized labour community in Liberia is appreciative of this listing because the right to freedom of association in our country is facing an existential threat. This threat is a well-coordinated but jaundiced attack organized by our Government, whose elected and appointed officials as politicians enjoy their rights to freedom of association under their various political parties. These attacks against the enjoyment of freedom of association against workers are perpetrated against the background that our Constitution expressly prescribes for the right to be enjoyed by all workers without distinction. This year, 2023, marks the 51 years since Liberia ratified Convention No. 87, in 1962. The LLC is the only trade union centre for workers within the public, private and informal sectors of Liberia, which continue to engage in every trade union campaign action to ensure the protection of trade union dignity and the protection of workers’ rights within the borders of Liberia.

Regrettably, Liberia remains the only African country that has refused to recognize the right of public sector workers to freely form and join trade unions of their choosing, despite being the oldest member of the ILO of the continent. Indeed, the country’s long stay in this Organization has not benefited freedom of association within the world of work. This is because public sector and maritime workers continue to have their rights to freedom of association undermined, denied and attacked. The legislative framework for labour relations and governance in Liberia can still benefit from urgent, genuine and critical reform. Aside from exclusion of public sector and maritime workers denied the enjoyment of this right, those from the informal economy and domestic workers are not covered by the Decent Work Act. We are not convinced that the Government will supervise well and include technical support to ensure the efficient application of the provisions of the Convention as stated in its letter. This is because the Government continues to interfere in trade union activity. The Convention provides that workers’ organizations, administration and activities should not be interfered with. Unfortunately, the current Government has continued to do this and has interfered to another low level. We ask this Committee to imagine the situation where we conducted our congress and elected a worker from the public sector as President, only for the Government to say that this leader cannot be recognized. The Government is in concert with some disgruntled workers to undermine our administration. Today, we have a ruling that agreed that the current wayward Decent Work Act is superior to the country’s Constitution.

The Constitution of the LLC, especially articles 7 and 27, speak of membership/affiliation, that workers’ organizations in the formal (public and private sectors) and those in the informal economy subscribe to the visions and mission of LLC after internal due diligence has been done, according to the provisions contained in the Convention. The following public sector workers were duly affected: the Civil Servant Association, the National Teachers Association and NAHWUL.

Liberia is a signatory to the African Charter on Human and Peoples’ Rights (the Banjul Charter), adopted on 28 June 1981 in The Gambia. Liberia was a major player in the development of this Charter. We recall this development because the Government has continued to disagree with the provisions of this very important instrument of Africa that safeguards and advances civil liberties. The Government continues to violate Article 10 (right to freedom of association), Article 11 (right to assembly) and Article 9 (right to receive information and free expression), which are some of the basic means to safeguard workplace rights and advance industrial relations in practice. Liberian workers wish to appeal to this Committee to take further steps to ensure that its conclusion on this matter is well implemented upon the presentation of the road map by the Government that the ILO should monitor and collect reports on. Of course, the implementation must be done with the full participation of the social partners, especially the LLC, without any hesitation whatsoever.

Government member, Sweden – I have the honour to speak on behalf of the European Union (EU) and its Member States. The candidate countries Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Republic of Moldova, and the EFTA 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, and respect and fulfilment of human rights, including labour rights. We actively promote the universal ratification and implementation of the fundamental international standards, including Convention No. 87. We support the ILO in its indispensable road to develop, promote, and supervise the effective implementation of ratified international standards and 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 and ECOWAS as well as including Liberia among the beneficiaries of the EU’s “Everything but Arms” scheme.

We note with deep concern that according to the ITUC’s most recent observations, while the Government has given functional acceptance to NAHWUL, it is yet to validate its legal recognition. We are greatly concerned about the observations made by ITUC-Africa denouncing the dissolution of a trade union by a state-owned company, individual cases of police force to break up peaceful strikes, and the arrest of union leaders and wrongful dismissal of workers for participation in strike actions.

We urge the Government, in line with the Committee of Experts’ request, to ensure that all workers, including those in the public sector, are able to exercise their labour rights under this Convention, in an environment of respect for civil liberties including freedom of association, freedom of expression, peaceful assembly and protests without inference or fear for their personal safety.

We fully echo the request of the Committee to enact measures to ensure that trade union leaders and members are fully protected, including against imprisonment for engaging in trade union activities. It is essential to establish regulations, including dissuasive sanctions, for dissolving trade unions, allowing it only as a last resort for severe legal violations.

We call the Government to ensure full legal recognition of NAHWUL through the harmonization of the Decent Work Act and Standing Orders for the Civil Service and to address any pending allegations of the Government’s increasing intolerance of workers exercising their civil liberties and rights under the Convention.

We encourage the Government to review the Decent Work Act and any other 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.

We stress the importance of guaranteeing the rights under the Convention. Also, with regards to maritime workers including trainees, we join the Committee’s call on the Government to provide information on laws and regulations covering this category of workers, since they are excluded from the Decent Work Act.

We recall that the Government has the responsibility to ensure the full application of the Convention, which it has voluntarily ratified. In this regard, we call on the Government to investigate the allegation of trade union rights violations and to provide a full reply to the Committee of Experts’ comments.

Keeping the link to the Decent Work Act, we would like to add that, while legislation is largely in place, child labour persists in the country. Based on UNICEF data for 2020, 32 per cent of children in the country are engaged in child labour. Of these, 30 per cent are working in dangerous conditions. We recognize that child labour is both a cause and a consequence of poverty, inequality, discrimination, social exclusion, and a lack of access to education. The EU continues to promote education and technical vocational training through support to the Government and state institutions in providing education and skills training for Liberian youth.

We take note of the written information supplied by the Government. We welcome that the Government has requested and been offered technical assistance by the ILO. We welcome that the Government ratified – last year, shortly after the Conference – two ILO fundamental Conventions, Nos 100 and 138. We also welcome the Government’s work towards developing a national action plan on business and human rights. The EU and its Member States will continue to follow and analyse the situation regarding Convention No. 87.

We remain committed to our close cooperation and partnership with Liberia. This cooperation could also include specific technical assistance for the effective implementation of these three fundamental Conventions.

Worker member, Belgium – Each year since 2018, the Committee of Experts has made observations concerning the non-observance of Convention No. 87 by Liberia. In June 2022, the Conference Committee examined the case and concluded its examination by making several key requests to the Government, namely to:

- ensure respect for civil liberties, including freedom of association, freedom of expression, peaceful assembly and protest;

- stop the arbitrary imprisonment of trade unionists, carry out full investigations and punish the perpetrators;

- ensure that trade unions can only be dissolved by the judicial authorities;

- recognize without delay the National Health Workers’ Union of Liberia (NAHWUL);

- ensure that all workers, including foreign workers, are entitled to form and join unions of their own choosing; and

- ensure protection of freedom of association for public sector workers.

The 2023 report of the Committee of Experts notes with regret the absence of adequate responses from Liberia to its pressing requests and the lack of information provided on the current situation. Today the Government refers to a written comment and a request for technical assistance made since May.

But today in Liberia the space in which the trade unions can operate freely continues to shrink drastically and the serious interference and violations indicated previously persist. NAHWUL is still being treated as a criminal organization simply because its members are asserting their rights to freedom of association.

Furthermore, the International Trade Union Confederation for the Africa region (ITUC–Africa) has indicated that trade union leaders, particularly those in the public sector, continue to be pursued and harassed, and that trade union activities are subject to violent crackdowns and disruption by the police. The Deputy General Secretary of the LLC was arrested and detained by the police just a few weeks after the closure of the activities of this Committee. He was also pursued by the police, who ambushed him while he was giving an interview to a radio station a few kilometres away from the capital city Monrovia.

Freedom of association and the right to collective bargaining are the cornerstones of decent work. They also enable workers to come together to defend civil liberties in addition to their economic interests. Respect for freedom of association and the right to collective bargaining can play a key role in balanced economic development, to which they contribute by promoting inclusive productivity and social peace.

Respect by Liberia for freedom of association in law and in practice would contribute to maintaining peace, respect for civil liberties, and stability after the many crises which have affected the country.

Worker member, Zimbabwe – This is the second time this Committee is discussing the case of Libera for violating the same Convention No. 87. We discussed it recently, just last year. We recall that some of the conclusions of this Committee were that the Government of Liberia should 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 make sure that the Government ensures that public sector workers enjoy the protection of the freedom of association rights under the Convention. The 2023 report of the Committee of Experts noted a lack of progress in the implementation of the above conclusions and the Government refused to submit a progress report.

The contentious section 1.5(c) that excludes public service workers and maritime workers and others from the scope of the Decent Work Act, has not been amended and continues to be interpreted and used as a tool for separating public service workers and private sector workers and, more particularly, to deny public sector workers the right to belong to the LLC. I condemn the court’s ruling that nullified the federation’s elections in 2020 and 2022, this ruling being contrary to article 17 of Liberia’s Constitution, which recognizes the right to freedom of assembly and association.

Instead of taking measures to amend the Decent Work Act as directed by this Committee, the Government engaged in this in its own way of setting up what it called an independent commission to conduct an alternative dispute resolution system between old executive members of the LLC and the new executive comprising elected members. The first meeting of that commission was held on 17 February 2023. This is another clear case of interference in the affairs of the LLC.

In paragraphs 1610–1612 of the Compilation of decisions of the Committee on Freedom of Association, that Committee has stressed that a matter involving a conflict within the trade union movement itself is the sole responsibility of the parties themselves, and conflicts within a trade union should not be resolved by the Government but by its own members.

The LLC conducted its elections in accordance with its constitution and the Government must refrain from bringing other leaders through the back door. Therefore I call upon the Government of Liberia to stop its interference in LLC issues.

Worker member, Norway – I speak on behalf of the trade unions of the Nordic countries. The right to organize is a key element of the ILO’s mandate and status within the framework of advancing social justice and shared prosperity. Most importantly, being organized in a trade union gives workers a sense of belonging, representation, and legitimacy. An organized workplace provides benefits for the employers, the economy and country in terms of trade unions’ involvement in the regulation of employment relations, advancing industrial harmony, productivity, and stability. Sadly, Liberia, under its labour law precludes several groups of workers from exercising their fundamental right to organize and to form or join a trade union of their choice.

We note with deep concern that the Decent Work Act does not cover the public sector unions nor the workers in the maritime sector. These workers are effectively denied their vital, fundamental rights to organize. In addition, the National Health Workers’ Union continues to face serious obstacles to registering itself as a legitimate union. It is unfortunate that the Government continues to evade its legal obligations.

All Nordic workers enjoy the right to form and join trade unions of their own choice and the right to bargain collectively. These rights belong to the workers in the public sector, such as healthcare workers, police, prison staff and even armed forces personnel, just as much as to those in the private sector. The right to affiliate to and join a national trade union organization is for everyone.

We are aware that there are countries on the African continent in which the public sector workers are unionized and can join national trade unions of their choice. We would like to encourage the Government to learn from the examples of these countries as well as share their experiences. Accordingly, we urge the Government to take the necessary measures to ensure the immediate registration of NAHWUL so that the healthcare workers can fully exercise their right to form organizations of their choice and defend their rights. We further urge the Government to review the Decent Work Act and any other related legislation to ensure that all workers are able to exercise their rights.

Worker member, South Africa – Given that the Government of Liberia continues to interfere in the affairs of trade unions and federations, the direct implication is that the Government of Liberia wants to dictate how trade unions must be run, especially with respect to public sector workers.

Last year, this Committee heard the case of Liberia, Africa’s first member of the ILO, concerning this Convention. Sitting in the hall, the impression from all the speakers without exception was that the Government was acting in the most alien manner on a fundamental Convention that is unambiguous. Interestingly, I could decipher from the suggestions of the various speakers, including those of the Employers, that the Government’s application of the provisions of this Convention would benefit from assistance. Strangely, the Government has continued to act as if nothing is amiss. Further, it has made itself the supervisor of trade unions’ internal administration while preventing public sector workers from freely joining trade unions of their choice.

Our counterpart in Liberia, the LLC, has informed us that the Liberian Government was the one which, to their dismay and disapproval, dictated the composition of the workers’ delegation. We protested, but the Government remains paternalistic and overbearing.

Further, this Committee needs to be reminded that Liberia’s Constitution affirms that workers, without discrimination, can join trade unions of their choosing. My research shows that the Liberian Constitution copied, in a way that we can be proud and appreciative of, the provisions of Convention No. 87, affirming that workers, without distinction, shall be allowed to form and join trade unions of their choice freely. This is why it is strange to us that a court of law can rule that the Constitution is inferior to other items of national legislation.

In South Africa, the Labour Relations Act, No. 66 of 1995, as amended, gives the right to trade unions both in the public and private sectors to organize and to belong to a trade union federation of their choice. Currently, in South Africa we have four trade union federations, with unions organized in different sectors of the economy. The Government respects the rights of unions to organize and form trade union federations to the extent that the Government does not interfere or dictate with regard to the management of trade unions, nor do they interfere in the election of their leaders.

We therefore urge the Government to desist from interfering in trade union activities and to do the needful by recognizing the organized trade unions, in particular in the public sector, without further delay.

Worker member, Kenya – I am making this intervention on behalf of the workers affiliated to the East African Trade Union Confederation and those of West Africa under the Organization of Trade Unions of West Africa (OTUWA). There are no essential services without workers, and every worker, whether in the private or public sector, deserves a fair working environment, which includes better wages, safe jobs, paid sick leave, and union representation. Workers’ classification as critical service workers or public sector employees should not be used as a symbol of outrage and denial of the freedom to organize and bargain for collective agreements.

The designation of vital services by the National Tripartite Council under section 41.4(a) of the Liberian Decent Work Act is essentially a move to deny workers’ a right to fair labour practices. It forbids them from participating in labour union activities. The concept of essential services is based on Article 3 of the Convention, which establishes the right of workers’ organizations to organize their activities and programmes without interference from public authorities. Furthermore, with the recognition of freedom of association, no Member State should limit the rights given by Article 3 of the Convention to groups of workers considered as essential service workers.

Joining and engaging in trade union activities does not necessarily mean strikes or industrial disharmony but gives a legal framework for engagement in arbitration and mediation over employment concerns, which helps to dignify workers.

To contextualize the importance of the right to organize of essential service workers, particularly in Liberia, we have vibrant nurses’ and doctors’ unions in many African countries, Kenya being one of them, which have been key anchors of healthcare provision. It is through such unions that public institutions and governments have been able to provide the much-needed healthcare services and the attentions of these particular health workers. I am a doctor and a trade union representative of organized medical doctors and health workers of Kenya. Liberian health workers were the heroes of the country’s fight against the Ebola virus disease and COVID-19 pandemic. These gallant workers risked all to ensure that the health regime of the country was preserved despite scores of them paying the supreme sacrifice. We understand that they were effective because their trade union organization – NAHWUL – effectively coordinated the workers. This is a typical example of how beneficial vibrant trade unions can be in strengthening healthcare systems. Therefore, the obvious and unnecessary brutality and discrimination visited upon public sector workers in Liberia disguised as essential services is a clear violation of workers’ right to organize and provide the much-needed strengthening of public service provision. This Committee must insist that the Government of Liberia do the needful.

Worker member, Botswana – I am the Secretary-General of the Botswana Sectors of Educators Trade Union. I speak on behalf of the workers of Botswana. Education International aligns itself with my statement. As an organization committed to promoting the rights and well-being of teachers and students, we believe it is our responsibility to remind the Government that all teachers, whether employed by public authorities or by private employers, should fully enjoy their rights to association and assembly.

All workers, including public servants, should be 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.

Teachers need a commitment from public authorities to respect, promote and realize their fundamental principles and rights at work.

Public employees, with the sole possible exception of the armed forces and the police, by virtue of Article 9 of the Convention, should, like workers in the private sector, be able to establish organizations of their own choosing to further and defend the interests of their members.

Adequately funded, quality public services are key for human-centred development. Decent status and working conditions for teachers are important. The quality of an education system cannot be greater than the quality of its teachers.

The status of teachers is multifaceted. Improving status must be about pay, employment conditions, union rights, media representation, funding, training, education policies, autonomy, continuous professional development and so on.

Observer, Public Services International (PSI) – I speak on behalf of PSI and its affiliate in Liberia, NAHWUL. Despite the discussion in this Committee last year, and the specific recommendations by the Committee of Experts, nothing has changed in Liberia. So I would quickly like to remind you of the following: the Committee on Freedom of Association already recommended the recognition of NAHWUL in 2018 (Case No. 3202); the Government signed a Memorandum of Understanding with NAHWUL in 2019, stating 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; Mr George Poe Williams, former General Secretary of NAWHUL, is still in self-exile because of lack of guarantees for his safety, though at least he was able to reunite with his family after more than three years.

I would like you to know that after our discussion last year I had a meeting with the Liberian Government delegation in this Committee. It was a very friendly exchange and my impression at the time was that there was room for improvement and further discussion and engagement with the Government. However, I am afraid that none of these have materialized. On the contrary, the Government has increased its discriminatory actions against NAHWUL; for instance, at the end of 2022, the Chair of the Senate Committee on the Executive invited some associations that are constituents of NAHWUL to his office to discuss the new public health law, leaving NAHWUL out. Early in 2023, Ministry of Health and Civil Service Agency officials had a discussion with some of NAHWUL’s auxiliary associations on salary increments without the union’s involvement. In the same period, NAHWUL wrote to the Minister of Health for an audience following a consistent salary deduction without explanation, but she did not respond. There have been other discriminatory actions. I would like to point out that among the three public sector workers’ groupings, namely NAHWUL, the Civil Servants Union of Liberia (CSUL) and the Civil Servant Association of Liberia (CSAL), NAHWUL is the only union that is not allowed to collect dues from its members through the checkout system. I would also like to point out that Moibah Johnson, the President-General of the LLC, was removed from the list of delegates for this session of the Conference on the grounds that he is a civil servant and that, by law, civil servants are not permitted to form a union, let alone join the LLC.

Given all these examples of clear violations of freedom of association, I would like again to state that we deplore these practices. We demand that the Government refrains from interfering with trade union affairs and we ask the Committee to adopt conclusions matching the gravity of these allegations.

Observer, International Transport Workers’ Federation (ITF) – The COVID-19 pandemic had a huge impact on the life of seafarers with hundreds of thousands of them stranded away from home for many months. Many were not paid. Many were refused medical treatment and the rates of abandonment climbed to never before seen levels. One hundred and eighteen cases of abandonment were reported in 2022, a nearly 25 per cent increase over 2021. These included Liberian-flagged vessels. While the pandemic may be over, there continues to be a number of threats to the safety of seafarers, including armed conflict and piracy.

Trade union rights are enabling rights, and all seafarers should enjoy this fundamental right. 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 comprises 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 board Liberian vessels both domestically and internationally, enjoy full trade union rights under the Convention. As the Committee of Experts has noted, section 1.5(c)(i) and (ii) of the Decent Work Act of 2015 explicitly excludes officers, crew members and any other persons employed or in training on vessels from its scope of application. There is no justification under the Convention for the exclusion of this particularly vulnerable occupational category from coverage. 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, as amended (MLC, 2006) , which Liberia ratified in 2006, the Government must satisfy itself that the provisions of its law and regulations respect, in the context of the Convention, the fundamental rights to freedom of association and the effective recognition of the right to collective bargaining. It is therefore also 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 Convention No. 87 and the MLC, 2006.

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 through a revision of Liberia’s maritime regulations or otherwise.

Government representative – We need to set the legal framework in perspective. Liberia is a sovereign State, governed by the rule of law, with three branches of Government, none interfering with the other, but coordinating. The legislator could not and cannot take steps to harmonize the Decent Work Act with the Civil Service Agency Act while trade unions remain fragmented. It was not the Government that took trade unions to court, it was trade unions which took trade unions to court, as a result of a disputed election for the LLC. The court informed that the Elections Commission of the LLC proceeded wrongly, it nullified the result of that election consistent with law and ordered a new election, and the Bill was taken from the Lower Court to the Supreme Court. I, as Minister of Labour, was interested in knowing the result of that complaint, but interestingly the appellant did not prosecute the case at the Supreme Court, it was abandoned. That was a brilliant opportunity to raise the issue of constitutionality, because in Liberia only the Supreme Court can rule on issues of the Constitution and I, as Minister of Labour, did urge them to file their petition and let the Supreme Court rule on this issue once and for all. They abandoned it and therefore the Supreme Court was left with no option but to confirm and reaffirm the decision of the Lower Court. As such, the court said: we do not make the law, we interpret the law. If you want to change the law, go to the legislature. The legislature is prepared to work with the unions to harmonize the law. But they are fragmented, and they have been fragmented since 2020. As I have said before, there is this entire volume of 1,200 court papers and petitions, there have been all kinds of delays, which they themselves have caused. We are now at the stage where they are all cooperating with the independent commission, which comprises the National Bar Association, the Elections Commission and the Press Union of Liberia, eminent entities in the country. As such they are proceeding to ensure that once an election is held or leadership emerges, then they can proceed with the harmonization of the law. If the legislature proceeds without a unified union, who are they going to speak to? They are already in conflict with each other, that is why we call on this body, instead of amplifying these issues beyond the contextual framework, to come and support the trade unions. There was a time when one trade union went to court to get another trade union out of the premises. Seeing that the case was still pending in court, no particular trade union should therefore operate the office. The LLC needs serious attention and the Government does not want to lead because it may be interpreted as interference. There are several issues that led to the fragmentation of the union. Those issues have to be resolved, elections held, or leadership determined. All of these complaints that you see coming to you are on the head of the LLC, there is no real issue with the LLC according to law, in Liberia there is the rule of law and the result was nullified. So we want a united trade union, it is stronger, you can bargain harder and what happens when a trade union is strong? The middle class in society grows faster, a weak trade union means that the middle class will remain stagnated. It is very important for the Government. Just a few days ago a mining company faced a strike and approached the Ministry of Labour to declare the strike illegal. We refused. They end up now providing additional salary increments to the workers and benefits. It happened also to LAC, a rubber plantation company, they too put the workers down. The Firestone rubber company denied the existence of an issue about rice. We found out that there were people in the management of the company who were getting kickbacks for rice that was supplied to the workers. We resolved that. Bea Mountain, a gold mining company, just last week had strikes. We went in there, we did not declare this strike illegal; we harmonized it, they got a 10 per cent salary increment. Those people that are writing back and forth are those who are eyeing for the leadership of the LLC when elections are upcoming. The rank and file of the trade unions that are managing or have oversight or use huge volumes of workers in these concession areas, are very appreciative of the role that the Ministry of Labour and the Government is playing to protect them. What we see here is that the ILO has a duty to provide technical and other assistance to ensure that we achieve this objective. We are inviting the ILO not to talk with factions but to send representatives to Liberia to be part of the Elections Commission that will conduct the LLC elections. It is very important for transparency. We invite the ILO and the EU and anyone who wants to come to Liberia – but there must be an elected leadership that is recognized by all the constituent trade unions. Once that is done, we see no problem with the legislature proceeding to harmonize the law. But the legislators too are waiting to talk with a legitimate leadership of the LLC.

Someone spoke about child labour. Consistent with the Decent Work Act, Liberia for the first time has established the light work list and the hazardous work list. We are involved with huge awareness, throughout the country, to ensure that every community leader will be able to detect when a child is engaged in light work or in hazardous work. We have our labour inspectors in all of the counties ensuring that these things are adhered to. Interestingly, Liberia is one of the few countries in Africa that has huge logistics in the labour sector relating to vehicles, motorbikes and communication devices. Huge investment was made in this sector by the Government. So all we need as a Government is collaboration. We are open to collaborating with partners to ensure that these things are done. We ask for your assistance to ensure that the LLC election goes smoothly and a legitimate relationship emerges because that is almost like a precondition to many other things that we can achieve.

We at the Ministry of Labour also want to note that, during the civil war period in Liberia, the United Nations (UN) had a peacekeeping force in Liberia. During that period, the Decent Work Act was introduced. Liberia was the first test case for it. The legislature hardly had time to look at it. It was passed at a time when the UN peacekeeping force in Liberia was basically running the country. Now we have a law that we need to review and amend. Let us do it together. Let us all stop pointing fingers and drawing blame. It is good that we have this Act but when I became Minister of Labour in 2020 I had my own concerns about tripartite issues – about declaring a certain sector essential or not essential – but that is the law. What we need to do is to get a unified trade union – not fragmented as it is now – with a legitimate leadership and we can work together. So all this is because we acted in good faith, but we want to know that they should also exercise endurance to ensure that the LLC has a legitimate leadership. There are so many trade unions right now because of the fragmentation and the Government is dealing with trade unions individually. We are not dealing with the LLC as a unit because the court ordered new elections – it has notified those who were elected. So the ILO is invited to come to Liberia so that a representative can be part of the commission that is responsible for supervising the elections for the LLC. Once we achieve that, every other thing would not be an issue.

Worker members – We thank the Government of Liberia for the information provided. We also thank all those who took the floor to throw more light on the situation in Liberia with respect to the application of the Convention. Indeed, we urge the Government to take the discussions of this Committee, as they have said, in good faith, and ensure that social partners have an opportunity to contribute.

We have raised serious violations with respect to Liberia’s application of the Convention in law and in practice under the guidance of the ILO. We are deeply concerned at the lack of progress since our last examination of the case in 2022. The Government of Liberia must demonstrate its commitment to the principles and rights enshrined in the Convention by fully implementing the recommendations and conclusions adopted by the supervisory bodies of the ILO and by this Committee and by bringing its law and practice in line with the Convention, in full consultation with the social partners.

We also want to welcome the Government’s indication that they are ready to address the matters raised by the Committee of Experts and urge the Government to be guided by the long-standing guidance of the supervisory bodies, including the Committee of Experts with respect to the full exercise of the rights protected in the Convention by workers in essential services in the strict sense of the term.

In particular, we call on the Government to do the following:

- Ensure that all workers are able to exercise their labour rights under the Convention in an environment of respect for civil liberties.

- Register 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 exception of the police and the armed forces, are able to exercise their 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, crew members and any other person employed or in training on vessels are able to exercise their rights under the Convention, and to 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 to foreign workers both in law and practice.

- Review the Decent Work Act to ensure that the designation of essential services is done in line with the Convention.

Lastly, the Government must provide information to the Committee of Experts, by 1 September 2023, 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 accept a direct contacts mission.

Employer members – The Employer members would once again like to thank all the speakers who took the floor and shared their interventions and in particular the Minister representing the Government of Liberia for both the written and the oral information provided today. We have taken note of all the submissions and we as Employers are confined to making conclusions and recommendations based on the specific observations of the Committee of Experts and, in this regard, the Employer members would then recommend to the Government of Liberia to:

- Firstly, institute without delay an independent investigation into the allegations made by ITUC- Africa about the dissolution of a trade union by a state-owned company and the harassment of trade union leaders and to provide information on the outcome;

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

- Resolve the registration of NAHWUL as a trade union organization without further delay;

- 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.

We are encouraged by the Government’s declared openness to accepting ILO technical assistance and in this regard would urge the Government to continue availing itself of this assistance to ensure full compliance with the Convention.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed.

The Committee noted the long-standing nature and the prior discussion of this case in the Committee, most recently in 2022.

The Committee regretted that the Government had not implemented its previous recommendations.

Taking into account the discussion of the case, the Committee requests the Government to take urgent steps, in full consultation with the social partners, to bring its law and practice in line with Convention No. 87 and in particular to:

- 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;

- 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;

- 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;

- 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;

- 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;

- 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

- ensure that foreign workers are entitled to form and join unions of their own choosing in line with the Convention.

The Committee urges the Government to provide information to the Committee of Experts, 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 Committee calls on the Government to continue to avail itself of ILO technical assistance and to accept a direct contacts mission.

Government representative – The Government of Liberia takes note of the Committee’s recommendations in relation to the Convention, and the Government is committed to implementing this Convention. We look forward to ILO technical support ensuring that Convention No. 87 is implemented and we also look forward to considering our laws ensuring that the health workers in all civil service departments are unionized. We also look forward to a good working relationship with this Committee.

Individual Case (CAS) - Discussion: 2022, Publication: 110th ILC session (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.

Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

See under Convention No. 55, as follows:

A Government representative asked the Committee to defer consideration of the cases concerning Conventions Nos. 55, 87 and 98 until 1991 because of the difficult and serious political situation prevailing in his country which had meant that the whole Liberian delegation to the International Labour Conference had not yet arrived and that many documents were not available, in particular those enabling a reply to be made to the observations of the Committee of Experts. He also informed the Committee that the Ministry of Labour had been busy preparing a Labour Code which had just been adopted by both Houses, approved by the President and was now before the Foreign Ministry for codification. A copy of the new Code had been sent to the ILO.

A Workers' member of Liberia noted with satisfaction that, after 20 years of discussions in the present Committee concerning the adoption of a new Labour Code which would bring an end to all violations of the ratified Conventions, the President of Liberia had just signed the new Labour Code. He himself had explained to the Senate the divergencies between earlier legislation and the Conventions. When the Committee of Experts received a copy of the new Labour Code, it would be able to see the positive result of its observations on all the ratified Conventions. Finally, he supported the wish expressed by the Government representative that consideration of the cases be deferred.

The Employers' members stated that they understood the difficult situation prevailing in the country, but noted that they would have wished the Government representative to provide more substantive information. As regarded Convention No. 55, they recalled that, in 1987, the present Committee had noted that the Government had for 22 years been repeating that a draft labour code would be drawn up to amend the legislation. No copy of the new Labour Code that had just been adopted had yet been received and it was thus not possible to determine whether it solved the problems concerning application of Conventions Nos. 55, 87 and 98. As for Articles 1 and 2 of Convention No. 98, the Committee of Experts had asked that provisions be included in the legislation providing for civil remedies and penal sanctions in cases of acts of discrimination and interference against trade unions by employers and their organisations. In 1987, however, in relation to the case of Morocco, the Committee of Experts had called for the adoption of civil remedies "or" penal sanctions and not civil remedies "and" penal sanctions, as in the present case of Liberia. Convention No. 98 provided that "Workers shall enjoy adequate protection against acts of anti-union discrimination" and that wording showed that it was left to member States to determine what constituted adequate protection. The Committee of Experts and the present Committee could assess, in the light of the legal provisions of each country, whether or not protection was adequate, but could not require the imposition of civil remedies and penal sanctions. The Employers' members therefore asked the Committee of Experts to reconsider its observations in the light of the Vienna Convention on the Law of Treaties.

Concerning Conventions Nos. 55, 87 and 98, the Committee noted the information provided by the Government representative, in particular the difficulties the Government had had in replying to the observations of the Committee of Experts within the time limit set. According the information provided, a new Labour Code had been adopted. It regretted not to have been able to discuss in detail the substance of the matter on account of the difficulties mentioned and noted the assurances of the Government representative that the new Code would be transmitted to the competent bodies of the ILO in the very near future. It hoped to be able to discuss the cases of Liberia at its next session.

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

A Government representative said that the draft Revised Labour Code (drafted with ILO assistance and revised by a tripartite committee) had taken into account all the comments of the Committee of Experts. With respect to the right of civil servants to organise there was no legal provisions in the Civil Service Act which prohibited them from exercising this right. Nevertheless, the Government had taken due note of the comments of the Committee of Experts and would do everything necessary to have the right to organise mentioned in the Amendment to the Civil Service Act. Regarding Decree No. 12 of 1982 (forbidding strikes) Article 4601-A of the Labour Practices Law (which prevented agricultural workers from joining industrial unions) and Section 4112 (10) and (11) of the same law (requiring the Labour Ministry to supervise union elections) the Government representative said that these provisions had all been repealed in the draft Revised Labour Code which would be adopted before the next ILO Conference. The speaker nevertheless stressed that in practice there did exist organisations of agricultural workers and public servants and others (he gave various examples) that strikes had taken place without persecutions, and that trade union elections were not supervised by the Ministry of Labour unless there was an invitation from the unions concerned.

The Worker member of Liberia stressed the importance of legal provisions to guarantee trade union rights and activities for agricultural workers, and workers in State enterprises and the public sector. There had been cases in practice where, for example, trade union activities had been prohibited in the agricultural sector through a writ obtained by a lawyer. There were public institutions in which the right to trade union organisation had been denied. Although it had been stated that Decree No. 12 concerning strikes had been nullified by the Constitution, this Decree could still be used. In conclusion, there was a need for laws on these two issues, and it must be hoped that the Government representative would transmit to his Government the concerns of the present committee.

The Workers' members recalled that the application of the Convention was a matter for concern and had been discussed for many years. Thanks to the statements that had just been made they could have a clearer idea of the development of the situation. The Office had the text of the new Constitution and a draft of the Revised Labour Act. One had to examine the extent to which these texts took into consideration the comments of the Committee of Experts on the provisions which were incompatible with the Convention, with reference to the right to organise of agricultural workers, workers in State undertakings in the public service, the right to strike and the right to hold free trade union elections. The Workers' members associated themselves with the concern expressed by the Worker member of Liberia on such matters as the trade union rights of agricultural and public service workers. They expressed the hope that the Government would send the necessary information to the Committee of Experts, and that in the following year they would be able to confirm progress with full conformity between the legislation and the Convention.

The Employers' members associated themselves with the statement of the Workers' members. It was a matter for the Committee of Experts to examine the new Constitution and the draft of the Revised Labour Code in order to assess the extent to which the Convention was applied. It must be hoped that the next report to the Committee of Experts would allow for a more precise understanding of the situation.

The Government representative of Liberia thanked the Workers' and Employers' members for their statements, and provided his assurances that the Government would do everything possible to see that the situation was rectified.

The Committee took note of the information provided by the Government representative and the discussion that had taken place. The Committee recalled that a number of important divergencies between the legislation and the Convention had for many years been noted by the Committee of Experts. The Committee urged the Government to take rapid action to adopt the necessary measures and in particular a new labour code in order to ensure full compliance with the Convention both in law and in practice, and to ensure that trade union rights would be fully assured to agricultural workers and public servants. The Committee expressed its hope that next year the Government would be able to report that real progress had been made in this connection.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in communications dated 29 August 2008 and 24 August 2010 concerning the application of the Convention and, more particularly, allegations of serious violence against strikers and the closure of a trade union radio station. Noting that in previous comments, the ITUC had already referred to threats, arrest and prosecution of strikers, the Committee recalls that all appropriate measures should be taken by the Government to guarantee that trade union rights can be exercised in safe and secure conditions and in a climate free of violence, pressure, fear and threats of any kind. The Committee requests the Government to provide its observations in reply to all the abovementioned allegations of the ITUC in its next report.

In its previous observation, the Committee had recalled that, for many years, it had been asking the Government to take the necessary steps to amend or repeal the following provisions, which were inconsistent with Articles 2, 3, 5 and 10 of the Convention:

–           Section 4601-A of the Labour Practices Law prohibiting agricultural workers from joining industrial workers’ organizations;

–           Section 4102, subsections 10 and 11, of the Labour Practices Law providing for the supervision of trade union elections by the Labour Practices Review Board; and

–           Section 4506 of the Labour Practices Law prohibiting workers in state enterprises and the public service from establishing trade unions.

The Committee had also noted that Decree No. 12 of 30 June 1980 prohibiting strikes had been repealed. The Committee notes that the Government indicates in its report that a new Labour Code – titled Decent Work Bill (2009) – has been drafted but still needs to be finalized and that a copy of it will be attached to the next report. More particularly, the Committee notes that the Government indicates that: (i) Chapter 9, Part Two of the Decent Work Bill attempts to fully address the issues surrounding strikes and lockouts; and (ii) issues arising under sections 4506 and 4601-A of the Labour Practices Law are addressed in Chapter 2 (section 6(a)) of the Decent Work Bill which provides that “all employers and workers, without distinction whatsoever, may establish and join organizations of their own choosing without prior authorization, and subject only to the rules of the organization concerned”. The Committee requests the Government to take the necessary measures to ensure that the Decent Work Bill will be enacted in the very near future and will repeal all the provisions of the legislation that had previously been identified as in violation of ILO Conventions, including section 4102 of the Labour Practices Law.

The Committee requests the Government to provide in its next report information on any development in this respect, as well as a copy of the Decent Work Bill once adopted and of the law which repealed Decree No. 12 of 30 June 1980 prohibiting strikes.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008, which are in the process of being translated. The points raised therein will be taken up by the Committee in its subsequent examination of the application of the Convention.

The Committee recalls that for many years it has been asking the Government to take the necessary steps to amend or repeal the following provisions, which are inconsistent with Articles 2, 3, 5 and 10 of the Convention:

–           Decree No. 12 of 30 June 1980 prohibiting strikes;

–           section 4601-A of the Labour Practices Law prohibiting agricultural workers from joining industrial workers’ organizations;

–           section 4102, subsections 10 and 11, of the Labour Practices Law providing for the supervision of trade union elections by the Labour Practices Review Board; and

–           section 4506 of the Labour Practices Law prohibiting workers in state enterprises and the public service from establishing trade unions.

In this regard, the Committee notes with satisfaction the Government’s statement that Decree No. 12 was repealed by an Act signed into law on 9 October; it requests the Government to provide a copy of the repealing legislation with its next report. The Committee further notes with interest the Government’s indication that it has initiated a labour law reform process that is being facilitated by the ILO. Under this reform process, consultations with stakeholders are being held until December 2008, and will be followed by a National Labour Conference in January 2009; the recommendations emanating from the consultations will be analysed and reviewed at the Conference, with a view to drafting a final revision of the laws. Noting that the foreseen revisions will take into account provisions of the legislation that had previously been identified as in violation of ILO Conventions, including sections 4601-A, 4102 and 4506 of the Labour Practices Law, the Committee expresses the firm hope that the labour law reform process will result in their repeal or amendment in the near future and requests the Government to indicate, in its next report, the progress made in this regard.

Finally, the Committee requests the Government to send its observations in respect of the 2006 ITUC comments concerning threats of arrest and prosecution of civil servants who took part in a strike in 2005.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee takes note of the comments of 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation) on the application of the Convention referring to matters already raised by the Committee and to threats of arrest and prosecution by the police to civil servants who took part in a strike in 2005. The Committee requests the Government to send its observations on these matters.

For many years the Committee has been asking the Government to take the necessary steps to amend or repeal the following provisions, which are inconsistent with Articles 2, 3, 5 and 10 of the Convention: 

–      Decree No. 12 of 30 June 1980 prohibiting strikes;

–      section 4601-A of the Labour Practices Law prohibiting agricultural workers from joining industrial workers’ organizations;

–      section 4102, subsections 10 and 11, of the Labour Practices Law providing for the supervision of trade union elections by the Labour Practices Review Board; and

–      section 4506 of the Labour Practices Law prohibiting workers in state enterprises and the public service from establishing trade unions.

The Committee notes a report of the judiciary and labour committees of the Senate on the passage of an act to repeal Decree No. 12 and requests the Government to furnish a copy of the repealing legislation with its next report.

Emphasizing the seriousness of these problems, the Committee expresses the firm hope that the Government will take all steps within its reach to repeal or amend these provisions of the Labour Practices Law in the near future in order to bring the legislation fully into conformity with the requirements of the Convention, and requests the Government to provide information in its next report on all measures adopted to this end.

The Committee reminds the Government that the technical assistance of the Office is available should it so desire.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has not been received. It takes note of the comments of 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention referring to matters already raised by the Committee and to threats of arrest and prosecution by the police to civil servants who took part in a strike in 2005. The Committee requests the Government to send its observations on these matters.

For many years the Committee has been asking the Government to take the necessary steps to amend or repeal the following provisions, which are inconsistent with Articles 2, 3, 5 and 10 of the Convention: 

–      Decree No. 12 of 30 June 1980 prohibiting strikes;

–      section 4601-A of the Labour Practices Law prohibiting agricultural workers from joining industrial workers’ organizations;

–      section 4102, subsections 10 and 11, of the Labour Practices Law providing for the supervision of trade union elections by the Labour Practices Review Board; and

–      section 4506 of the Labour Practices Law prohibiting workers in state enterprises and the public service from establishing trade unions.

The Committee takes note with interest of a report of the judiciary and labour committees of the Senate on the passage of an act to repeal Decree No. 12 and requests the Government to furnish a copy of the repealing legislation with its next report.

Emphasizing the seriousness of these problems, the Committee expresses the firm hope that the Government will take all steps within its reach to repeal or amend these provisions of the Labour Practices Law in the near future in order to bring the legislation fully into conformity with the requirements of the Convention, and requests the Government to provide information in its next report on all measures adopted to this end.

The Committee reminds the Government that the technical assistance of the Office is available should it so desire.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee recalls that its previous comments concerned the need to amend or repeal:

–      Decree No. 12 of 30 June 1980 prohibiting strikes;

–      section 4601-A of the Labour Practices Law prohibiting agricultural workers from joining industrial workers’ organizations;

–      section 4102, subsections 10 and 11, of the Labour Practices Law providing for the supervision of trade union elections by the Labour Practices Review Board; and

–      section 4506 prohibiting the workers of state enterprises and public service from organizing.

The Committee had recalled that these provisions were contrary to Articles 2, 3, 5 and 10 of the Convention.

The Committee had noted the indication in a Government’s previous report that it had submitted Decree No. 12 prohibiting strikes and all of the remaining provisions above to the national legislature for their repeal. The Committee requests the Government to indicate in its next report the progress made in this regard and to supply copies of any and all of the repealing Acts as soon as they have been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee recalls that its previous comments concerned the need to amend or repeal:

-  Decree No. 12 of 30 June 1980 prohibiting strikes;

-  section 4601-A of the Labour Practices Law prohibiting agricultural workers from joining industrial workers’ organizations;

-  section 4102, subsections 10 and 11, of the Labour Practices Law providing for the supervision of trade union elections by the Labour Practices Review Board; and

-  section 4506 prohibiting the workers of state enterprises and public service from organizing.

The Committee had recalled that these provisions were contrary to Articles 2, 3, 5 and 10 of the Convention.

The Committee had noted the indication in a Government’s previous report that it had submitted Decree No. 12 prohibiting strikes and all of the remaining provisions above to the national legislature for their repeal. It further noted that the Government had received assurances from the legislature that these repealing Acts would be passed at its then current session. The Committee requests the Government to indicate in its next report the progress made in this regard and to supply copies of any and all of the repealing Acts as soon as they have been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that its previous comments concerned the need to amend or repeal:

-  Decree No. 12 of 30 June 1980 prohibiting strikes;

-  section 4601-A of the Labour Practices Law prohibiting agricultural workers from joining industrial workers’ organizations;

-  section 4102, subsections 10 and 11, of the Labour Practices Law providing for the supervision of trade union elections by the Labour Practices Review Board; and

-  section 4506 prohibiting the workers of state enterprises and public service from organizing.

The Committee had recalled that these provisions were contrary to Articles 2, 3, 5 and 10 of the Convention.

The Committee had noted the indication in a Government’s previous report that it had submitted Decree No. 12 prohibiting strikes and all of the remaining provisions above to the national legislature for their repeal. It further noted that the Government had received assurances from the legislature that these repealing Acts would be passed at its then current session. The Committee requests the Government to indicate in its next report the progress made in this regard and to supply copies of any and all of the repealing Acts as soon as they have been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that its previous comments concerned the need to amend or repeal:

-  Decree No. 12 of 30 June 1980 prohibiting strikes;

-  section 4601-A of the Labour Practices Law prohibiting agricultural workers from joining industrial workers’ organizations;

-  section 4102, subsections 10 and 11, of the Labour Practices Law providing for the supervision of trade union elections by the Labour Practices Review Board; and

-  section 4506 prohibiting the workers of state enterprises and public service from organizing.

The Committee had recalled that these provisions were contrary to Articles 2, 3, 5 and 10 of the Convention.

The Committee had noted the indication in a Government’s previous report that it had submitted Decree No. 12 prohibiting strikes and all of the remaining provisions above to the national legislature for their repeal. It further noted that the Government had received assurances from the legislature that these repealing Acts would be passed at its then current session. The Committee requests the Government to indicate in its next report the progress made in this regard and to supply copies of any and all of the repealing Acts as soon as they have been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

        The Committee recalls that its previous comments concerned the need to amend or repeal:

-      Decree No. 12 of 30 June 1980 prohibiting strikes;

-      section 4601-A of the Labour Practices Law prohibiting agricultural workers from joining industrial workers’ organizations;

-      section 4102, subsections 10 and 11, of the Labour Practices Law providing for the supervision of trade union elections by the Labour Practices Review Board; and

-      section 4506 prohibiting the workers of state enterprises and public service from organizing.

        The Committee had recalled that these provisions were contrary to Articles 2, 3, 5 and 10 of the Convention.

        The Committee had noted the indication in a Government’s previous report that it had submitted Decree No. 12 prohibiting strikes and all of the remaining provisions above to the national legislature for their repeal. It further noted that the Government had received assurances from the legislature that these repealing Acts would be passed at its then current session. The Committee requests the Government to indicate in its next report the progress made in this regard and to supply copies of any and all of the repealing Acts as soon as they have been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received.

The Committee recalls that its previous comments concerned the need to amend or repeal:

-  Decree No. 12 of 30 June 1980 prohibiting strikes;

-  section 4601-A of the Labour Practices Law prohibiting agricultural workers from joining industrial workers’ organizations;

-  section 4102, subsections 10 and 11, of the Labour Practices Law providing for the supervision of trade union elections by the Labour Practices Review Board; and

-  section 4506 prohibiting the workers of state enterprises and public service from organizing.

The Committee had recalled that these provisions were contrary to Articles 2, 3, 5 and 10 of the Convention.

The Committee had noted the indication in a Government’s previous report that it had submitted Decree No. 12 prohibiting strikes and all of the remaining provisions above to the national legislature for their repeal. It further noted that the Government had received assurances from the legislature that these repealing Acts would be passed at its then current session. The Committee requests the Government to indicate in its next report the progress made in this regard and to supply copies of any and all of the repealing Acts as soon as they have been adopted.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee welcomes the information provided by the Government in its report.

The Committee recalls that its previous comments concerned the need to amend or repeal:

-- Decree No. 12 of 30 June 1980 prohibiting strikes;

-- section 4601-A of the Labour Practices Law prohibiting agricultural workers from joining industrial workers' organizations;

-- section 4102, subsections 10 and 11, of the Labour Practices Law providing for the supervision of trade union elections by the Labour Practices Review Board; and

-- section 4506 prohibiting the workers of state enterprises and public service from organizing.

The Committee had recalled that these provisions were contrary to Articles 2, 3, 5 and 10 of the Convention.

The Committee notes with interest the indication in the Government's report that it has submitted Decree No. 12 prohibiting strikes and all of the remaining provisions above to the national legislature for their repeal. It further notes that the Government adds that it has received assurances from the legislature that these repealing Acts would be passed in its current session. The Committee requests the Government to indicate in its next report the progress made in this regard and to supply copies of any and all of the repealing Acts as soon as they have been adopted.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that for the ninth year in succession the Government has been unable to reply to its previous comments. It must therefore repeat its previous observation which read as follows:

The Committee notes that there has been no change in the legislative situation, which has been the subject of its comments for many years. The Committee recalls the need to amend or repeal Decree No. 12 of 30 June 1980 which prohibits strikes, section 4601-A of the Labour Practices Law which prohibits agricultural workers from joining industrial workers' organizations, and section 4102, subsections 10 and 11, of the Labour Practices Law which provides for the supervision of trade union elections by the Labour Practices Review Board. The Committee observes that these provisions are still in force and that they are contrary to Articles 2, 3, 5 and 10 of the Convention. Furthermore, the Committee recalls that the right to associate of workers in state enterprises and the public service is still not recognized in the national legislation, despite the Government's assurances in previous reports that the Civil Service Act was to be amended in order to give statutory effect to the right of the workers in this sector to establish and join organizations of their own choosing, in accordance with Article 2 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that for the eighth year in succession the Government has been unable to reply to its previous comments. It must therefore repeat its previous observation which read as follows:

The Committee notes that there has been no change in the legislative situation, which has been the subject of its comments for many years. The Committee recalls the need to amend or repeal Decree No. 12 of 30 June 1980 which prohibits strikes, section 4601-A of the Labour Practices Law which prohibits agricultural workers from joining industrial workers' organizations, and section 4102, subsections 10 and 11, of the Labour Practices Law which provides for the supervision of trade union elections by the Labour Practices Review Board. The Committee observes that these provisions are still in force and that they are contrary to Articles 2, 3, 5 and 10 of the Convention. Furthermore, the Committee recalls that the right to associate of workers in state enterprises and the public service is still not recognized in the national legislation, despite the Government's assurances in previous reports that the Civil Service Act was to be amended in order to give statutory effect to the right of the workers in this sector to establish and join organizations of their own choosing, in accordance with Article 2 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that for the seventh year in succession the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that there has been no change in the legislative situation, which has been the subject of its comments for many years. The Committee recalls the need to amend or repeal Decree No. 12 of 30 June 1980 which prohibits strikes, section 4601-A of the Labour Practices Law which prohibits agricultural workers from joining industrial workers' organizations, and section 4102, subsections 10 and 11, of the Labour Practices Law which provides for the supervision of trade union elections by the Labour Practices Review Board. The Committee observes that these provisions are still in force and that they are contrary to Articles 2, 3, 5 and 10 of the Convention. Furthermore, the Committee recalls that the right to associate of workers in state enterprises and the public service is still not recognized in the national legislation, despite the Government's assurances in previous reports that the Civil Service Act was to be amended in order to give statutory effect to the right of the workers in this sector to establish and join organizations of their own choosing, in accordance with Article 2 of the Convention. However, in its previous observation, the Committee noted from the information furnished by the Government to the Conference Committee in 1987 that, in practice, there are organizations of public servants and of rural workers, that strikes have occurred without sanctions being applied and that trade union elections are only supervised by the Ministry of Labour at the invitation of the trade union organization in question.

Accordingly, the Committee again urges the Government to take the necessary measures in the very near future to amend its legislation in respect of the above matters which have repeatedly been the subject of its comments.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that for the sixth year in succession the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that there has been no change in the legislative situation, which has been the subject of its comments for many years. The Committee recalls the need to amend or repeal Decree No. 12 of 30 June 1980 which prohibits strikes, section 4601-A of the Labour Practices Law which prohibits agricultural workers from joining industrial workers' organizations, and section 4102, subsections 10 and 11, of the Labour Practices Law which provides for the supervision of trade union elections by the Labour Practices Review Board. The Committee observes that these provisions are still in force and that they are contrary to Articles 2, 3, 5 and 10 of the Convention. Furthermore, the Committee recalls that the right to associate of workers in state enterprises and the public service is still not recognized in the national legislation, despite the Government's assurances in previous reports that the Civil Service Act was to be amended in order to give statutory effect to the right of the workers in this sector to establish and join organizations of their own choosing, in accordance with Article 2 of the Convention. However, in its previous observation, the Committee noted from the information furnished by the Government to the Conference Committee in 1987 that, in practice, there are organizations of public servants and of rural workers, that strikes have occurred without sanctions being applied and that trade union elections are only supervised by the Ministry of Labour at the invitation of the trade union organization in question.

END OF REPETITION TEXT Accordingly, the Committee again urges the Government to take the necessary measures in the very near future to amend its legislation in respect of the above matters which have repeatedly been the subject of its comments.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that for the fifth year in succession the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that there has been no change in the legislative situation, which has been the subject of its comments for many years. The Committee recalls the need to amend or repeal Decree No. 12 of 30 June 1980 which prohibits strikes, section 4601-A of the Labour Practices Law which prohibits agricultural workers from joining industrial workers' organizations, and section 4102, subsections 10 and 11, of the Labour Practices Law which provides for the supervision of trade union elections by the Labour Practices Review Board. The Committee observes that these provisions are still in force and that they are contrary to Articles 2, 3, 5 and 10 of the Convention. Furthermore, the Committee recalls that the right to associate of workers in state enterprises and the public service is still not recognized in the national legislation, despite the Government's assurances in previous reports that the Civil Service Act was to be amended in order to give statutory effect to the right of the workers in this sector to establish and join organizations of their own choosing, in accordance with Article 2 of the Convention. However, in its previous observation, the Committee noted from the information furnished by the Government to the Conference Committee in 1987 that, in practice, there are organizations of public servants and of rural workers, that strikes have occurred without sanctions being applied and that trade union elections are only supervised by the Ministry of Labour at the invitation of the trade union organization in question.

END OF REPETITION TEXT Accordingly, the Committee again urges the Government to take the necessary measures in the very near future to amend its legislation in respect of the above matters which have repeatedly been the subject of its comments.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that for the fourth year in succession the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that there has been no change in the legislative situation, which has been the subject of its comments for many years. The Committee recalls the need to amend or repeal Decree No. 12 of 30 June 1980 which prohibits strikes, section 4601-A of the Labour Practices Law which prohibits agricultural workers from joining industrial workers' organizations, and section 4102, subsections 10 and 11, of the Labour Practices Law which provides for the supervision of trade union elections by the Labour Practices Review Board. The Committee observes that these provisions are still in force and that they are contrary to Articles 2, 3, 5 and 10 of the Convention. Furthermore, the Committee recalls that the right to associate of workers in state enterprises and the public service is still not recognized in the national legislation, despite the Government's assurances in previous reports that the Civil Service Act was to be amended in order to give statutory effect to the right of the workers in this sector to establish and join organizations of their own choosing, in accordance with Article 2 of the Convention. However, in its previous observation, the Committee noted from the information furnished by the Government to the Conference Committee in 1987 that, in practice, there are organizations of public servants and of rural workers, that strikes have occurred without sanctions being applied and that trade union elections are only supervised by the Ministry of Labour at the invitation of the trade union organization in question. Accordingly, the Committee again urges the Government to take the necessary measures to amend its legislation in respect of the above matters which have repeatedly been the subject of its comments.

END OF REPETITION

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that for the third year in succession the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes with regret that there has been no change in the legislative situation, which has been the subject of its comments for many years. The Committee recalls the need to amend or repeal Decree No. 12 of 30 June 1980 which prohibits strikes, section 4601-A of the Labour Practices Law which prohibits agricultural workers from joining industrial workers' organizations, and section 4102, subsections 10 and 11, of the Labour Practices Law which provides for the supervision of trade union elections by the Labour Practices Review Board. The Committee observes that these provisions are still in force and that they are contrary to Articles 2, 3, 5 and 10 of the Convention. Furthermore, the Committee recalls that the right to associate of workers in state enterprises and the public service is still not recognized in the national legislation, despite the Government's assurances in previous reports that the Civil Service Act was to be amended in order to give statutory effect to the right of the workers in this sector to establish and join organizations of their own choosing, in accordance with Article 2 of the Convention. However, in its previous observation, the Committee noted from the information furnished by the Government to the Conference Committee in 1987 that, in practice, there are organizations of public servants and of rural workers, that strikes have occurred without sanctions being applied and that trade union elections are only supervised by the Ministry of labour at the invitation of the trade union organization in question. Accordingly, the Committee again urges the Government to take the necessary measures to amend its legislation in respect of the above matters which have repeatedly been the subject of its comments.

[The Government is asked to provide full particulars at the 80th Session of the Conference.]

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation.

The Committee notes with regret that there has been no change in the legislative situation, which has been the subject of its comments for many years. The revised draft of the Labour Code which has already been referred to several times and which was to eliminate the discrepancies between the national legislation and the Convention has not yet been adopted despite the Government's assurances to the Conference Committee in 1987. The Committee once again recalls the need to amend or repeal Decree No. 12 of 30 June 1980 which prohibits strikes, section 4601-A of the Labour Practices Law which prohibits agricultural workers from joining industrial workers' organisations, and section 4102, subsections 10 and 11, of the Labour Practices Law which provides for the supervision of trade union elections by the Labour Practices Review Board. The Committee observes that these provisions are still in force and that they are contrary to Articles 2, 3, 5 and 10 of the Convention. Furthermore, the Committee recalls that the right to associate of workers in state enterprises and the public service is still not recognised in the national legislation, despite the Government's assurances in previous reports that the Civil Service Act was to be amended in order to give statutory effect to the right of the workers in this sector to establish and join organisations of their own choosing, in accordance with Article 2 of the Convention. However, in its previous observation, the Committee noted from the information furnished by the Government to the Conference Committee in 1987 that, in practice, there are organisations of public servants and of rural workers, that strikes have occurred without sanctions being applied and that trade union elections are only supervised by the Ministry of labour at the invitation of the trade union organisation in question. Accordingly, the Committee again urges the Government to take the necessary measures to amend its legislation in respect of the above matters which have repeatedly been the subject of its comments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes with regret that there has been no change in the legislative situation, which has been the subject of its comments for many years. The revised draft of the Labour Code which has already been referred to several times and which was to eliminate the discrepancies between the national legislation and the Convention has not yet been adopted despite the Government's assurances to the Conference Committee in 1987. The Committee once again recalls the need to amend or repeal Decree No. 12 of 30 June 1980 which prohibits strikes, section 4601-A of the Labour Practices Law which prohibits agricultural workers from joining industrial workers' organisations, and section 4102, subsections 10 and 11, of the Labour Practices Law which provides for the supervision of trade union elections by the Labour Practices Review Board. The Committee observes that these provisions are still in force and that they are contrary to Articles 2, 3, 5 and 10 of the Convention. Furthermore, the Committee recalls that the right to associate of workers in state enterprises and the public service is still not recognised in the national legislation, despite the Government's assurances in previous reports that the Civil Service Act was to be amended in order to give statutory effect to the right of the workers in this sector to establish and join organisations of their own choosing, in accordance with Article 2 of the Convention. However, in its previous observation, the Committee noted from the information furnished by the Government to the Conference Committee in 1987 that, in practice, there are organisations of public servants and of rural workers, that strikes have occurred without sanctions being applied and that trade union elections are only supervised by the Ministry of labour at the invitation of the trade union organisation in question. Accordingly, the Committee again urges the Government to take the necessary measures to amend its legislation in respect of the above matters which have repeatedly been the subject of its comments.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the Government's report and of the information communicated during the direct contacts mission which took place from 10 to 19 May 1989.

The Committee notes with regret from the above information that there has been no change in the legislative situation, which has been the subject of its comments for many years. The revised draft of the Labour Code which has already been referred to several times and which was to eliminate the discrepancies between the national legislation and the Convention has not yet been adopted despite the Government's assurances to the Conference Committee in 1987.

The Committee once again recalls the need to amend or repeal Decree No. 12 of 30 June 1980 which prohibits strikes, section 4601-A of the Labour Practices Law which prohibits agricultural workers from joining industrial workers' organisations, and section 4102, subsections 10 and 11, of the Labour Practices Law which provides for the supervision of trade union elections by the Labour Practices Review Board. The Committee observes that these provisions are still in force and that they are contrary to Articles 2, 3, 5 and 10 of the Convention.

Furthermore, the Committee recalls that the right to associate of workers in state enterprises and the public service is still not recognised in the national legislation, despite the Government's assurances in previous reports that the Civil Service Act was to be amended in order to give statutory effect to the right of the workers in this sector to establish and join organisations of their own choosing, in accordance with Article 2 of the Convention.

However, in its previous observation, the Committee noted from the information furnished by the Government to the Conference Committee in 1987 that, in practice, there are organisations of public servants and of rural workers, that strikes have occurred without sanctions being applied and that trade union elections are only supervised by the Ministry of labour at the invitation of the trade union organisation in question.

Accordingly, the Committee again urges the Government to take the necessary measures to amend its legislation in respect of the above matters which have repeatedly been the subject of its comments. [The Government is asked to supply full particulars to the Conference at its 77th Session.]