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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Liberia (Ratification: 1962)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2015.

The Committee also notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

The Committee notes the observations made by the International Organisation of Employers (IOE) in a communication received on 1 September 2014. The Committee also recalls the 2012 observations of the International Trade Union Confederation (ITUC), concerning the application of the Convention. The Committee once again requests the Government to provide its comments thereon. With regard to the observations made by the ITUC in 2008 and 2010 concerning serious acts of violence against striking workers and the closure of a radio station belonging to a trade union, the Committee notes the Government’s comments concerning the need for the intervention of the forces of order and the temporary closure of the union’s radio station to restore calm. In this regard, the Committee recalls that the right to express opinions through the press and other media is one of the essential components of trade union rights. The authorities should only have recourse to the forces of law and order in the event of a strike in exceptional circumstances and situations in which public order is under serious threat, and that such interventions by the forces of law and order should be in proportion to the gravity of the situation. The Committee requests the Government to ensure full respect for these principles in future.

The Committee notes that the Bill on decent work, which has been under discussion for several years, has been adopted by the legislative authorities and that it will enter into force when it has been promulgated by the President of the Republic.

Articles 2 and 3 of the Convention. Right of workers to establish and join organizations of their own choosing. Right of workers’ organizations to elect their representatives in full freedom. The Committee recalls that for many years it has been commenting on the need to amend or repeal the following provisions of the Labour Act, which are not in conformity with the Convention:

• – section 4506, prohibiting workers in state enterprises and the public administration from establishing trade unions;
• – section 4601-A, prohibiting agricultural workers from joining industrial workers’ organizations; and
• – section 4102(10) and (11), providing for the supervision of trade union elections by the Labour Practices Review Board.

The Committee trusts that the Bill on decent work will enter into force in the very near future and that its content will take into account all the issues raised by the Committee, as indicated by the Government in its last report. The Committee requests the Government to report any developments in this regard. In its previous comment, the Committee noted the Government’s indication that the legislation guaranteeing the right of public employees to establish trade unions (the Public Service Ordinance) was being revised with the technical assistance of the Office. The Committee trusts that the current legislative process will give full effect to the Convention in relation to public employees and requests the Government to report any developments in this regard.

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