Report in which the committee requests to be kept informed of development - Report No 112, 1969

1. 89. This case was previously examined by the Committee at its sessions in May 1967, November 1967 and November 1968, when it submitted interim reports to the Governing Body, contained in paragraphs 47 to 101 of its 99th Report, paragraphs 407 to 452 of its 101st Report and paragraphs 208 to 230 of its 108th Report. All these reports were approved by the Governing Body.

A. A. The complainants' allegations

1. 90. After its last examination of the case, the Committee made the following recommendations to the Governing Body in paragraph 230 of its 108th Report:
   • Accordingly, with regard to the case as a whole, the Committee recommends the Governing Body:
2. (1) with regard to the allegations relating to the affiliation of trade unions with international trade union organisations:
   • (a) to note with interest that the Emergency Powers Act, 1967, section 1 (r) and (s) of which had been the subject of this aspect of the case, has expired and has not been re-enacted;
   • (b) to request the Government to be good enough to indicate to what extent the expiry of the Act has affected the questions referred to in paragraph 217 above and to indicate the present state of its law and practice in this respect;
3. (2) with regard to the allegations relating to the Act of 11 February 1966 to amend the Labour Practices Law:
   • (a).................................................................................................................................................
   • (i) to note the Government's statement in its communication of 13 August 1968 that, in its opinion, " industrial and agricultural workers should not be represented by the same labour union or the same federation ", and, in view of this statement, to express the opinion that the law in question, in forbidding the joint affiliation of industrial and agricultural trade unions with a national centre of workers' organisations, is incompatible with Article 5 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), ratified by Liberia, and to draw the attention of the Committee of Experts on the Application of Conventions and Recommendations to this conclusion;
   • (ii) to emphasise the importance which the Governing Body attaches to the right of workers' organisations to join federations, which is guaranteed by Article 5 of Convention No. 87;
   • (iii) to request the Government to be good enough to inform the Governing Body of the steps it proposes to take to bring its legislation into conformity with Article 5 of this Convention;
   • (b) to emphasise the importance which the Governing Body attaches to the right of workers without distinction whatsoever to establish and join organisations of their own choosing, which is guaranteed by Article 2 of Convention No. 87, and to the principle that the law of the land shall not be such as to impair, nor shall it be so applied as to impair, this right, as provided for in Article 8 (2) of this Convention;
4. (3) to take note of the present interim report, on the understanding that the Committee will report again when it is in possession of the additional information specified in subparagraphs 1 (b) and 2 (a) (iii).
5. 91. These conclusions were approved by the Governing Body at its 173rd Session (November 1968) and were brought to the attention of the Government, which replied in a letter dated 21 April 1969.
6. 92. In this letter the Government repeated, in connection with the matter raised at (1) (b) of the paragraph quoted above, that the Emergency Powers Act had fallen into abeyance and that none of its provisions had been brought into force again, either in whole or in part. Apart from the provision of the Labour Practices Law prescribing that no trade union or workers' organisation in industry shall exercise a privilege or function in the name of agricultural workers and that no trade union or workers' organisation in agriculture shall exercise a privilege or function in the name of industrial workers (section 4601-A)-apart from this provision, adds the Government, there is at present no text or practice invoking or applying any provision whatever of the Emergency Powers Act, which has now lapsed.
7. 93. The Government expresses the opinion that it has taken the observations of the Committee fully into account by allowing the above-mentioned Act to lapse without re-enacting it.
8. 94. With regard to the matters raised at (2) of the conclusions quoted in paragraph 90 above and in reply to the request made in accordance with (2) (a) (iii), which deal with the effects of section 4601-A of the Labour Practices Law, mentioned in paragraph 92 above, the Government states that it maintains its point of view that the prohibition against the affiliation of industrial workers' unions and agricultural workers' unions to the same national federation is not incompatible with Article 5 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which has been ratified by Liberia.
9. 95. In view, however, of the position adopted in this connection by the Committee, continues the Government, it has placed the matter before the competent authorities so that the necessary measures shall be taken to bring all provisions of the Labour Practices Law into full harmony with the provisions of Convention No. 87. The Government states that it will inform the Committee in the near future of any measures taken to this effect.