Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

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

Legislative developments. The Committee had previously noted that there was no legislation or national policy to implement the Convention. The Committee notes that the Government with ILO technical assistance, is in the process of drafting a Decent Work Bill, with the involvement of the social partners. The Committee also notes the Government’s indication in its report to the Committee on the Elimination of Discrimination against Women that consideration is being given to drafting an equality law (CEDAW/C/LBR/6, 13 October 2008, page 24). The Committee hopes that the Decent Work Bill will be adopted in the near future, and expresses the firm hope that it will promote and ensure equality of opportunity in employment and occupation. The Committee requests the Government to ensure that the Decent Work Bill includes provisions explicitly defining and prohibiting direct and indirect discrimination, on at least all the grounds enumerated in Article 1(1)(a) of the Convention (race, colour, sex, religion, political opinion, national extraction and social origin), with respect to all aspects of employment and occupation, and covering all workers, including domestic workers and agricultural workers. Please provide information on any developments in this regard. The Committee also asks the Government to provide information on the status of the preparation of an equality law.

Sexual harassment. Referring to its 2002 general observation, the Committee urges the Government to ensure that the Decent Work Bill clearly defines and prohibits sexual harassment, encompassing both quid pro quo and hostile environment harassment. The Committee also requests the Government to provide information on specific measures taken to prevent and address sexual harassment in the workplace.

Article 2 of the Convention. National policy. The Government indicates in its report that a draft National Employment Policy is being drafted. The Committee also notes from the Government’s report to CEDAW that women are the most discriminated against and deprived people in Liberian society, and that gender inequalities and women’s marginalization are entrenched in traditional and religious stereotyped perceptions of women, which among other things, limit girls’ participation in education and women’s access to leadership and decision-making positions (CEDAW/C/LBR/6, 13 October 2008, pages 8 and 32). The Committee notes from the same report that the Ministry of Gender and Development initiated the process of drafting a National Gender Policy. The Committee also notes that the Liberian Employment Action Program (LEAP) aimed at stimulating employment creation, resulted in the creation of over 83,000 jobs between 2006 and 2007, with only 900 women benefiting from these jobs (ibid., page 59). The Committee also notes that CEDAW in its concluding observations, raises concerns regarding the lack of resources and capacity of the Ministry of Gender and Development to effectively coordinate the mainstreaming strategy (CEDAW/C/LBR/CO/6, 7 August 2009, paragraph 16). The Committee requests the Government to provide information on the following:

(i)    the content and status of the National Employment Policy, in so far as it relates to equality and non-discrimination;

(ii)   the content and status of the National Gender Policy, and on any steps taken to increase the capacity of the Ministry of Gender and Development to coordinate the policy;

(iii)  the specific measures taken to address discriminatory social and cultural attitudes, and stereotyped perceptions of women’s role in society;

(iv)   the measures taken to ensure that a greater proportion of women benefit from the LEAP;

(v)    any steps taken to develop and implement a national equality policy on grounds other than sex.

Statistics and enforcement. The Committee notes from the concluding observations of CEDAW that efforts are being made to improve the collection of sex-disaggregated data, including the recent launch of the National Strategy for the Development of Statistics (ibid., paragraph 42). The Committee would welcome information on the progress in the collection of sex-disaggregated data on employment, including regarding sectors, occupations and wage levels, and hopes that such data will be made available in the near future. Noting from the Government’s report that the National Labour Court deals with issues of employment and occupation arising out of the Convention, the Committee requests the Government to provide information on any cases brought before the National Labour Court on discrimination, and any cases of discrimination addressed by the labour inspectorate.