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Forced Labour Convention, 1930 (No. 29) - Liberia (RATIFICATION: 1931)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously requested the Government to provide information on the investigations and prosecutions undertaken in relation to cases of trafficking in persons and the penalties imposed pursuant to the 2005 Act to Ban Trafficking in Persons Within the Republic of Liberia, and to indicate the measures taken with regard to victims’ protection and assistance.

The Committee welcomes the Government’s indication in its report that it adopted in 2019 the Second National Action Plan on Trafficking in persons (NAP II), for the period 2019-2024, which outlines four areas of focus: (i) prevention, including through awareness campaigns; (ii) protection and assistance to victims; (iii) prosecution of perpetrators, through inter alia the training of professionals; and (iv) partnerships, both at national and international level. The NAP II is complemented by a national referral mechanism to coordinate the identification and the protection of victims of trafficking. The Government has also established an Anti-Human Trafficking National Taskforce, responsible for coordinating all activities in this area.

The Committee notes that according to the first-year report of the NAP II, the following activities were undertaken from July 2019 to July 2020: (i) over 1 000 persons, including social workers, civil society members and law enforcement officers were trained; (ii) 24 public awareness-raising activities were conducted; (iii) Liberian authorities identified 57 Sierra Leoneans victims of trafficking; and (iv) the authorities investigated 19 cases of trafficking and initiated prosecutions in 5 cases, resulting in a conviction, one acquittal, and three cases are ongoing. The report underlines that there are challenges in providing care for adult victims of trafficking. The Committee encourages the Government to pursue its efforts to ensure that investigations and prosecutions are carried out for cases of trafficking, and that adequate penalties are imposed on perpetrators, and requests the Government to continue to provide information on the application in practice of the 2005 Act to Ban Trafficking in Persons.It also requests the Government to provide information on the measures taken to facilitate access to protection and assistance for victims of trafficking, and to provide information on the services available in this regard. Finally, please provide information on the results achieved through the NAP II to prevent and combat trafficking in persons.

2. 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 and conviction of perpetrators of forced labour during the armed conflict, as recommended by the Truth and Reconciliation Commission (TRC) in 2009.

The Government indicates that the Truth and Reconciliation Commission’s recommendations do not include forced labour. The Committee notes however that, in its consolidated final report of 2009, the Truth and Reconciliation Commission referred to persons recommended for prosecution for gross human rights violations, including for the crime of forced labour (section 12.3, pages 349-352). According to the report 7 560 crimes of forced labour were recorded, representing 4.6 per cent of the violations committed (page 262). In addition, the Committee notes that, in its concluding observations of 28 August 2018, the United Nations Human Rights Committee was concerned that none of the alleged perpetrators of gross human rights violations and war crimes mentioned in the TRC’s report have been brought to justice and that some of those individuals are or have been holding official executive positions. It also noted with concern the absence of a comprehensive programme of reparations for victims. (CCPR/C/LBR/CO/1, paragraph 10). The Committee therefore expects the Government to take the necessary measures to implement the TRC’s recommendations, with a view to ensuring that perpetrators of forced labour during the armed conflict are brought to justice and punished. It requests the Government to provide information on the progress made in this regard as well as in relation to the compensation granted to victims.

Articles 1(1) and 2(1). Freedom of military personnel to leave their service. In reply to its previous comments, the Committee takes note of the legislation and information provided by the Government on the resignation of state officials. Regarding military personnel, the Committee takes note of the Defence Act of 2008, according to which military service in the armed forces of Liberia is voluntary and for a minimum period of five years (section 7.4). Section 7.7 of the Act sets out the grounds for the discharge of military personnel in the armed forces, one of which being voluntary retirement. Section 7.13 provides that the Chief of Staff of the armed forces shall devise and promulgate regulations for the discharge of armed forces personnel, both on a voluntary and involuntary basis. The Committee requests the Government to provide a copy of the regulations established for the discharge of armed forces personnel and to indicate whether requests to resign by military personnel may, in practice, be refused or deferred and, if so, to specify the reasons for such refusals or deferrals.

Article 2(2)(e). Minor communal services. In response to the Committee’s request for information on the execution of minor communal services in practice, the Government indicates that the mechanism for communal service is not yet fully developed. The Committee expresses the hope that the Government will adopt provisions regulating participation in communal services in the near future, with a view to ensuring that work exacted in this context is limited to “minor communal services” as defined in article 2(2)(e) of the Convention. The Committee requests the Government to provide information in this respect, as well as on the conditions under which such services are carried out in practice and on the type of work exacted.