Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Repetition

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to continue providing information on any legal proceedings, instituted as a consequence of the application of the Trafficking Act, including, in particular, statistics on the investigations carried out, the prosecutions, the convictions and the penalties imposed.

The Committee notes the Government’s indication in its report that it has worked through its anti-trafficking in persons secretariat in the fight against human trafficking. It reported two cases of trafficking in persons where the accused were both found guilty and respectively sentenced to six years’ prison and to a hung verdict. The Committee further notes that, in its concluding observations of 24 November 2015, the Committee on the Elimination of All Forms of Discrimination against Women expressed its concern considering the adverse impact that the Ebola outbreak has had on trafficking in women, due to their vulnerability and poverty (CEDAW/C/LBR/CO/7-8). The Committee requests the Government to continue providing information on the measures taken to ensure that all persons who engage in trafficking are subject to investigations and prosecutions, as well as on the penalties imposed in this regard. The Committee also requests the Government to provide specific data on the trafficking in women in the post-Ebola period, including the number of women victims, the prosecutions, penalties imposed, as well as the measures taken with regard to victims’ protection, assistance and rehabilitation.

Resignation from service by state officials and career military personnel. Noting the absence of information on this point, the Committee once again requests the Government to indicate the provisions governing the resignation from service by state officials and career military personnel, and communicate copies of the legislation on the public service, as well as the Defence Act.

Articles 1(1), 2(1) and 25. Forced labour practices during the armed conflict and adequate penalties. In its previous comments, the Committee requested the Government to indicate the measures taken to ensure the prosecution, conviction and imposition of penal sanctions on the perpetrators of forced labour, as recommended by the Truth and Reconciliation Commission (TRC).

The Commission notes the Government’s statement that, to date, there has been no known case of forced labour practices and that the recommendations of the TRC are currently being implemented by the Government. However, recalling that it had asked the Government to provide information on forced labour practices during the armed conflict, the Committee once again requests the Government to indicate the measures taken to ensure the prosecution, conviction and imposition of penal sanctions on the perpetrators of forced labour during the armed conflict. Please also provide information on the progress achieved with regard to the implementation of the TRC recommendations.

Article 2(2)(d) and (e). Legislation concerning emergencies and minor communal services. The Committee previously requested the Government to supply copies of any legislation governing work or service exacted in cases of emergencies. It also requested the Government to provide information on any legal provisions applicable to local public works, self-help projects and minor communal services and to indicate the actual practice in the matter.

The Committee takes note of the enactment of the Decent Work Act 2015, section 2(2)(a)(iv) of which governs work or services exacted in cases of emergencies. It also takes due note of the following paragraph which states:

“no person in Liberia shall be subjected to forced or compulsory labour, provided however that this does not prohibit work or service: which is in the nature of minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent upon the members of the community, provided that the members of the community or their representatives shall have the right to be consulted in regard to the need of such services”.

The Committee requests the Government to provide information on the execution of minor communal services in practice, including the type of work accomplished, the number of persons concerned and how consultations of the members of the community concerning the need for such services are carried out.