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

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

The Government has communicated the following information:

Following the elections in Liberia, a new Constitution has been adopted and is now in force. The Interim National Assembly has been replaced by the Legislature.

The Constitution includes a chapter dealing with fundamental rights (articles 11 to 26) and laying down the principles of equality before the law; freedom from slavery and forced labour; freedom of expression; the right to assemble and to associate in political parties, trade unions and other organisations; equal opportunity for work and employment regardless of sex, creed, religion, ethnic background, place of origin or political affiliation; equal pay for equal work; and due process of law, among other things.

As regards the Committee of Experts' comments on the Convention, it should be mentioned that the Ministry of Local Government has been split into the Ministry of Internal Affairs and the Ministry of Rural Development. Attemps have been made to obtain copies of recent reports of the Ministry of Local Government. The Civil Service Act and the Standing Orders of the Civil Service govern civil servants' conditions of employment. The Ministry of Defence was requested to provide information on relevant provisions for army personnel.

Moreover, the new Labour Code, when enacted, will deal with most of the problems arising under ratified Conventions.

In addition, a Government representative said that the Committee of Experts had observed that the Constitution of the Second Republic of Liberia did not contain any guarantee against forced labour. Article 12 of the new Constitution, which came into force on 6 January 1986, prohibited forced labour. A copy of the new Constitution had been submitted to the ILO. Concerning penal sanctions for illegal exaction of forced labour, the Committee of Experts had commented that there were no legal provisions for penal sanctions in the Labour Practices Law of Liberia. However, the draft Revised Labour Code, drafted with ILO assistance, provided penal sanctions for the use of forced labour.

The delay in the adoption of the Revised Labour Code had arisen through circumstances beyond their control. The National Legislature had listed the adoption of the draft Labour Code as a priority in 1986. It was debating this when the ILO Regional Adviser on Social Security, sent to Liberia under the ILO's technical assistance programme, recommended among other things that the Workmen's Compensation Act (a part of the Labour Practices Law of Liberia) should be removed and made a part of the Social Security and Welfare Act and placed under the National Social Security and Welfare Corporation. Based on these recommendations, the National Legislature had returned the draft Revised Labour Code to the Ministry of Labour and the Ministry of Justice for the necessary action. The draft Revised Labour Code had been corrected and resubmitted to the National Legislature, and a copy submitted to the ILO. The National Legislature had listed its passage into law as a priority, and it would be adopted before the next ILO Conference.

With regard to use of forced labour for local public works, the Committee of Experts had observed that this was being practised in Liberia because an annual report of the Ministry of Local Government, Rural Development and Urban Reconstruction had mentioned that 75 per cent of rural development projects were funded through self-help. Forced labour had never been practised in Liberia, and its use was a criminal offence. At present there was a new scheme whereby Liberians contributed 25 per cent of the money needed for any local project of their choice, and the United States Government contributed 75 per cent of the funds needed and supervision. It was expected that a report on self-help projects would be submitted to the Ministry of Rural Development and Urban Reconstruction, and a copy would be submitted to the ILO.

The Committee of Experts had observed that there were no measures to ensure adequate labour inspection to cover the entire agricultural sector because an annual report of the Ministry of Labour had mentioned that labour inspection was limited to industrial undertakings and commercial establishments in 1983. At present, the ILO was carrying out a family-planning programme in the entire agricultural sector, consisting of workers' education and training of labour inspectors. Moreover, the African Regional Labour Administration Centre had trained a number of inspectors in recent years, and there were now Labour Inspectorates in all the counties. Labour inspections were being carried out in the entire agricultural sector periodically. The National Legislature had passed an Act establishing labour courts in all the counties, and had dissolved the Board of General Appeal of the Ministry of Labour in order to reduce the number of forums handling labour disputes or violations before an appeal could be taken to the Supreme Court of Liberia. A copy of this Act had been submitted to the ILO.

The Worker member of Liberia said he agreed with some of the points made by the Government representative concerning the visit to Liberia of an ILO expert on a mission to hold discussions with the National Social Security and Welfare Corporation. His fear was that there could be conflict between the Ministry of Labour on the one hand wishing to administer pensions and workmen's compensation in the Labour Code, and the Social Security and Welfare Corporation on the other hand wishing to manage that aspect of the legislation. This could cause further delay on the passing of the draft Labour Code. For more than ten years this Committee had been receiving promises from the Government that the intended new Code would come into effect, and that it would take account of all the discrepancies and violations pointed to by the Committee of Experts. As of 1980, when the military government took over, a tripartite committee had been appointed, and a new draft Labour Code had been drafted and submitted to the People's Redemption Council which then represented the Legislature. The workers had lobbied very assiduously to have this Code passed before the civilian government came in, because in the past the civilian government and employers had been the key components of the violations. Since 1985, when a referendum was held and a Constitution gradually came to effect, the matter remained the same. So when the ILO expert came in 1986, it had been hoped that the new Code would be adopted before this Conference. It was crucially necessary that the new Labour Code be adopted. The Government representative had referred to the role played by certain United States citizens with regard to rural development projects and had used this as an argument against forced labour. The speaker could not vouch for this. The question of freedom of individual choice to a job was a matter for the Government of Liberia and not for foreigners. In fact, since the military takeover, Liberian workers had been more aware of their rights and nobody could extract compulsory or forced labour from them. What was nevertheless needed, as the ILO had been arguing for over ten years, was a law to penalise the exaction of forced labour. The ILO could not be blamed for the delay in adopting the Code. It was, as stated earlier, differences between two government institutions as to who should exercise administration of the legal provisions. He called upon his Government to take the necessary steps as a matter of urgency to adopt the new Labour Code.

The Workers' members said that the information provided by the Government representative and the Liberian Worker member enabled the Committee to better understand how the situation was evolving. In the 1970s concern had been expressed in special paragraphs. Then there was a time of hope. It was understood that a new Constitution had been sent to the ILO and this was a first step. Secondly, it had been stated in the 1985 discussion in this Committee that the Labour Code was going to be adopted and sent to the ILO. It was now 1987, there had been many difficulties and political changes, and it was not clear whether the text of the Code, revised with ILO assistance, had been received in the Office. With the adoption of the new Code, as it was understood, the Convention should be fully applied in law and practice The Convention had been ratified as long ago as 1931 and not a plied for many years, and there had been not only a situation of forced labour but of veritable slavery. One question must be asked, would there be the same guarantees for rural workers as for industrial and service workers and public servants? Given that the Committee of Experts had stressed the importance of measures to ensure adequate labour inspection, would the necessary inspections be carried out for rural agricultural workers? The adoption of a new Labour Code might take some time, even with ILO assistance but the moment had come to expect that in the following year there should be full conformity with this Convention.

The Employers' members recalled that in 1986 Liberia had not responded to repeated invitations to have a discussion in the Committee. They were pleased to note that Liberia had come back this year but this was only a return to normality, the fulfilment of obligations which other member States fulfilled on an annual basis. In the statement of the Government representative there had been references to new laws and draft laws with indications that these documents had been submitted to the Office. This was not altogether clear and the situation should be clarified. The Employers associated themselves with the statements of the Workers' members concerning the revised Labour Code, and expressed the fervent hope that after such a long period of considerations and consultations some results would appear, and legislation and practice would be brought into full conformity with the provisions of the Convention. It was very important for inspection to take place in all areas including the agricultural sector, and for inspection reports to be submitted. The assurances and announcements received from the Government were welcomed and not to be put into doubt, but since these matters had been the subject of prolonged discussions in the past, the present appeal to the Government was couched in more urgent terms. They expected that the Committee would have to revert to this in future year expressed their hope that it would then be able to observe but things had in fact improved quite considerably.

The representative of the Secretary-General stated that the Committee of Experts had not mentioned the draft Constitution and Labour Code in its report because the texts of these had only been received during the Conference. Following consultations within the ILO, comments of the Office would be communicated to the Government.

The Committee took note of the information and explanations provided by the Government representative. The Committee recalled however that the matters raised in the comments of the Committee of Experts had been outstanding for many years. The Committee expressed its hope that the Government would be able to take in the very near future the necessary measures to ensure full application of the Convention both in law and in practice, and that the Government would supply information on the progress achieved next year.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

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.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee noted the adoption of the Act to ban trafficking in persons 2005 (Trafficking Act) which prohibits all forms of trafficking (section 2), as well as conspiring to, assisting in, or attempting to engage in trafficking of persons (section 5). It requested the Government to provide information on the application in practice of the provisions of the Trafficking Act.

The Committee notes the Government’s indication that a total of 47 persons were trafficked to Liberia from 2010 to 2013. Thirty seven of the victims were from Bangladesh and were repatriated to their country. The perpetrator however has escaped from the country. In 2013, eight females were trafficked to Liberia from Morocco. The victims are currently staying in a temporary shelter while the prosecution of the case is pending. The first conviction under the Trafficking Act was obtained in January 2013. The perpetrator was convicted and sentenced to one year of imprisonment. The Committee requests the Government to continue providing, in its next report, 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.

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. The Committee previously noted the Government’s indication that regarding the situation of forced labour and captivity practices which took place in the south-eastern part of the country in connection with armed conflict, a tripartite delegation was dispatched to this part of the country to conduct investigations in this respect. The interviews conducted had confirmed that during the civil war, several warring factions were engaged in the practice of forced labour and sexual violence, but since law and order had been restored, no incidence of forced labour was observed.

The Committee took note of the Truth and Reconciliation Commission (TRC) report, which provides in-depth information on cases of forced labour practices, recommending the prosecution of the perpetrators. An Independent National Human Rights Commission had also been established, in this respect. The Committee also noted that the TRC report recommends a reparations programme of US$500 million over a period of 30 years and that all direct victim support programmes must be implemented including memorials, victim support, and the process of prosecution.

The Committee notes the Government’s indication that it has not prosecuted any of the perpetrators as recommended by the TRC. Some of those listed in the TRC report challenged the legality and the constitutionality of the report by filing an action with the Supreme Court. The Supreme Court held that the imposition of the ban on some Liberians from holding public office, as recommended by the TRC, is in violation of the Constitution. The Government also indicates that the National Human Rights Commission has completed its workplan and submitted it to the Executive Branch and the National Legislature. Although forced labour was prevalent during the Liberian civil conflict, the illegal exaction of forced labour is punishable, and the decentralization of civil administration has eradicated such practices.

The Committee recalls that under Article 25 of the Convention the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation of the State to ensure that the penalties imposed are really adequate and are strictly enforced. The Committee therefore requests 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. It also requests the Government to provide information on any legal proceedings which have been instituted for that purpose and the penalties imposed on the perpetrators of forced labour.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. In its previous comments, the Committee noted the adoption of the Act to ban trafficking in persons 2005 (Trafficking Act) which prohibits all forms of trafficking (section 2), as well as conspiring to, assisting in, or attempting to engage in trafficking of persons (section 5). It requested the Government to provide information on the application in practice of the provisions of the Trafficking Act.

The Committee notes the Government’s indication that a total of 47 persons were trafficked to Liberia from 2010 to 2013. Thirty seven of the victims were from Bangladesh and were repatriated to their country. The perpetrator however has escaped from the country. In 2013, eight females were trafficked to Liberia from Morocco. The victims are currently staying in a temporary shelter while the prosecution of the case is pending. The first conviction under the Trafficking Act was obtained in January 2013. The perpetrator was convicted and sentenced to one year of imprisonment. The Committee requests the Government to continue providing, in its next report, 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.

2. 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. The Committee previously noted the Government’s indication that regarding the situation of forced labour and captivity practices which took place in the south-eastern part of the country in connection with armed conflict, a tripartite delegation was dispatched to this part of the country to conduct investigations in this respect. The interviews conducted had confirmed that during the civil war, several warring factions were engaged in the practice of forced labour and sexual violence, but since law and order had been restored, no incidence of forced labour was observed.

The Committee took note of the Truth and Reconciliation Commission (TRC) report, which provides in-depth information on cases of forced labour practices, recommending the prosecution of the perpetrators. An Independent National Human Rights Commission had also been established, in this respect. The Committee also noted that the TRC report recommends a reparations programme of US$500 million over a period of 30 years and that all direct victim support programmes must be implemented including memorials, victim support, and the process of prosecution.

The Committee notes the Government’s indication that it has not prosecuted any of the perpetrators as recommended by the TRC. Some of those listed in the TRC report challenged the legality and the constitutionality of the report by filing an action with the Supreme Court. The Supreme Court held that the imposition of the ban on some Liberians from holding public office, as recommended by the TRC, is in violation of the Constitution. The Government also indicates that the National Human Rights Commission has completed its workplan and submitted it to the Executive Branch and the National Legislature. Although forced labour was prevalent during the Liberian civil conflict, the illegal exaction of forced labour is punishable, and the decentralization of civil administration has eradicated such practices.

The Committee recalls that under Article 25 of the Convention the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation of the State to ensure that the penalties imposed are really adequate and are strictly enforced. The Committee therefore requests 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. It also requests the Government to provide information on any legal proceedings which have been instituted for that purpose and the penalties imposed on the perpetrators of forced labour.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. The Committee notes the absence of information from the Government on this point. However, referring to its comments made under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee noted the adoption of the Act to Ban Trafficking in Persons 2005 (Trafficking Act) which prohibits all forms of trafficking (section 2), as well as conspiring to, assisting in, or attempting to engage in trafficking of persons (section 5). It also noted that according to the 2009 United Nations Office on Drugs and Crimes (UNODC) report entitled “Global Report on Trafficking in Persons” (UNODC trafficking report) Liberia is a source, transit and destination country for child trafficking, for the purposes of forced labour and commercial sexual exploitation. The UNODC Trafficking report also indicates that most victims are trafficked within the country, primarily from rural to urban areas for domestic servitude, forced street vending, forced begging by religious instructors and sexual exploitation in brothels or private apartments, in addition to work on rubber plantations and in alluvial diamond mines. The Committee further noted the information that no convictions for trafficking were recorded during this period. The Committee therefore requests the Government to provide, in its next report, information, on the application of the provisions of the Trafficking Act, including, in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed.

2. Resignation from service by state officials and career military personnel. In the absence of any 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.

Article 2(2)(c). Prison labour. The Committee notes that under section 34.14 of the Criminal Procedure Law of 1969, all prisoners under sentence shall be required to work. It also notes that prisoners shall not be hired out to any employer outside penitentiary establishments, except to public authorities, and under certain conditions (improvement of public works or improvement and conservation of the natural resources of the Republic).

Article 2(2)(d). Legislation concerning emergencies. Please supply copies of any statutory instruments governing work or service exacted in cases of emergencies.

Article 2(2)(e). Minor communal services. Please indicate any legal provisions applicable to local public works, self-help projects and minor communal services and indicate the actual practice in the matter.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1(1) and 2(1) of the Convention. Forced labour and captivity practices as a consequence of the armed conflict. Over a number of years, the Committee has been drawing the Government’s attention to the situation of forced labour and captivity practices which took place in the south-eastern part of the country in connection with armed conflict, where persons were allegedly held hostage and used as a source of forced and captive labour. It requested the Government to provide information on the specific action taken to investigate the situation in the south-east as regards the alleged practices of forced labour, as well as on the measures taken to eliminate such practices.

The Committee notes the Government’s indication that a tripartite delegation was dispatched to the south-eastern counties of Sinoe, Maryland, River Gee and Grand Gedeh to conduct investigations on alleged forced labour and captivity practices. The interviews conducted had confirmed that during the civil war, several warring factions were engaged in the practice of forced labour and sexual violence. Since law and order have been restored, no incidence of forced labour was observed. Furthermore, an international non-governmental organization (Save the Children) has done substantial work in reuniting families since the cessation of hostilities.

Regarding the Liberian Truth and Reconciliation Commission (TRC), the Government indicates that the latter has completed its work recommending, among others, the prosecution of persons accused of gross human rights violations. An Independent National Human Rights Commission has also been established, in this respect. The Committee takes note of the TRC report released in 2009, which provides in-depth information on cases of violations and abuses of human rights collected from the victims of the armed conflicts. It notes that according to the TRC “the armed fighters in Liberia relied to a great extent on those who had been abducted to perform slave labour at the total mercy of their captors. This type of labour was used for both military and civilian tasks and included carrying heavy loads, arms, ammunition and foraging for food, fetching water, doing laundry, cooking and whatever else was needed. While statistics in the report show that men were the larger category of victims for this violation, women, who were abducted for forced labour were compelled to perform work for the fighters of all factions.”

The Committee requests the Government to provide, in its next report, full and detailed information on the measures taken to implement the recommendations of the TRC, in particular with regard to the number of prosecutions of the most serious offenders. In this regard, the Committee asks the Government to provide detailed information on the activities of the recently established Independent National Human Rights Commission.

Article 25. Application of really adequate and strictly enforced penal sanctions for the exaction of forced labour. The Committee notes the Government’s reference to the National Palaver Hut programme (or peace forums), as form of justice and accountability mechanism, aimed at promoting reconciliation between the communities and seeking the rehabilitation of, and reparation to, victims of the civil war. The Committee notes also that the TRC report recommends a reparations programme of US$500 million over a period of 30 years and that all direct victim support programmes must be implemented including memorials, victim support, and the process of prosecution.

While taking due note of these measures and encouraging this process, as a first step towards the rehabilitation of the victims, the Committee recalls that, under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation of the State to ensure that the penalties imposed are really adequate and are strictly enforced. The Committee therefore hopes that the necessary action to give effect to this Article will be taken in the near future, by imposing penal sanctions on persons convicted of having exacted forced labour, and that the Government will provide, in its next report, information on any legal proceedings which have been instituted for that purpose and on any penalties imposed.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Resignation from service by state officials and career military personnel. Please indicate the provisions governing the resignation from service by state officials and career military personnel, and communicate copies of the relevant texts.

2. Legislation concerning compulsory national service. Please indicate any law establishing a compulsory national service, and supply a copy thereof.

3. Trafficking in persons. The Committee requests the Government to provide, in its next report, information on the measures taken, both in legislation and in practice, in order to prevent, suppress and punish trafficking in persons for the purpose of exploitation, including information on the activities of the National Anti-Trafficking Task Force appointed in 2006.

Article 2(2)(c). Prison labour. Please indicate the provisions of laws, rules and regulations governing prison labour and provide copies thereof. Please also specify the present position in law and practice as regards:

• (i) whether there are prisons administered by private concerns, profit-making or otherwise;
• (ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises;
• (iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;
• (iv) whether employment or prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;
• (v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;
• (vi) whether and how the consent of the prisoners concerned to work for private enterprises is guaranteed.

Article 2(2)(d). Legislation concerning emergencies. Please supply copies of any statutory instruments governing work or service exacted in cases of emergencies.

Article 2(2)(e). Minor communal services. Please indicate any legal provisions applicable to local public works, self-help projects and minor communal services and indicate the actual practice in the matter.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Forced labour and captivity practices as a consequence of the armed conflict. In its earlier comments, the Committee referred to the allegations concerning forced labour and captivity practices which took place in the south-eastern part of the country in connection with armed conflict, where children were allegedly held hostage by adults and used as a source of forced and captive labour. The Committee previously noted the Government’s indication in its report that the special investigation committee sent by the Government to investigate the alleged forced labour practices in the south-eastern region recommended that a national committee be established to trace and reunite displaced women and children taken captive during the war and that, in order to enhance the National Reconciliation and Reunification Programmes, “local authorities should be directed to encourage their citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment for appropriate investigation and corrective measures”.

While having noted that the south-eastern part of the country was in a grave humanitarian crisis and an extreme state of poverty and that any reported situations of forced labour exploitation were due to the consequences of the war, the Committee expressed the hope that the Government would encourage joint efforts and cooperation between governmental bodies and non-governmental organizations at all levels with a view to the effective elimination of all forms of compulsory labour, including that of children, and requested the Government to supply full information on measures taken to this end.

The Committee noted the Government’s brief indication in its report supplied in May 2008 that a tripartite national committee is being considered to investigate the complaints of forced labour and hostage situation in the south-eastern region, that consultations for this investigation have already begun and the committee is expected to start its work in the near future. The Committee reiterates the firm hope that the Government will provide, in its next report, full information on the activities of the abovementioned tripartite national committee and on the specific action taken to investigate the situation in the South-East as regards the alleged practices of forced labour, as well as on the measures taken to eliminate such practices. The Committee also hopes that the Government will supply information on the results achieved in this regard by the Liberian Truth and Reconciliation Commission (TRC), which was set up to investigate human rights violations and was empowered to recommend for prosecution the most serious offenders, as well as information on the progress achieved in the establishment of an Independent National Human Rights Commission and drawing up of a national human rights action plan.

Recalling also that, under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation of the State to ensure that the penalties imposed are really adequate and are strictly enforced, the Committee hopes that the necessary action to give effect to this Article will be taken in the near future, by imposing penal sanctions on persons convicted of having exacted forced labour, and that the Government will provide, in its next report, information on any legal proceedings which have been instituted for that purpose and on any penalties imposed.

The Committee is raising other points in a request addressed directly to the Government.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1(1) and 2(1) of the Convention. 1. Resignation from service by state officials and career military personnel. Please indicate the provisions governing the resignation from service by state officials and career military personnel, and communicate copies of the relevant texts.

2. Legislation concerning compulsory national service. Please indicate any law establishing a compulsory national service, and supply a copy thereof.

3. Trafficking in persons. The Committee requests the Government to provide, in its next report, information on the measures taken, both in legislation and in practice, in order to prevent, suppress and punish trafficking in persons for the purpose of exploitation, including information on the activities of the National Anti-Trafficking Task Force appointed in 2006.

Article 2(2)(c). Prison labour. Please indicate the provisions of laws, rules and regulations governing prison labour and provide copies thereof. Please also specify the present position in law and practice as regards:

(i)    whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)   whether any private prison contractors deploy prisoners to work either inside or outside prison premises;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)   whether employment or prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)    the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)   whether and how the consent of the prisoners concerned to work for private enterprises is guaranteed.

Article 2(2)(d). Legislation concerning emergencies. Please supply copies of any statutory instruments governing work or service exacted in cases of emergencies.

Article 2(2)(e). Minor communal services. Please indicate any legal provisions applicable to local public works, self-help projects and minor communal services and indicate the actual practice in the matter.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Articles 1(1), 2(1), and 25 of the Convention. Forced labour and captivity practices as a consequence of the armed conflict. In its earlier comments, the Committee referred to the allegations concerning forced labour and captivity practices which took place in the south-eastern part of the country in connection with armed conflict, where children were allegedly held hostage by adults and used as a source of forced and captive labour. The Committee previously noted the Government’s indication in its report that the special investigation committee sent by the Government to investigate the alleged forced labour practices in the south-eastern region recommended that a national committee be established to trace and reunite displaced women and children taken captive during the war and that, in order to enhance the National Reconciliation and Reunification Programmes, “local authorities should be directed to encourage their citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment for appropriate investigation and corrective measures”.

While having noted that the south-eastern part of the country was in a grave humanitarian crisis and an extreme state of poverty and that any reported situations of forced labour exploitation were due to the consequences of the war, the Committee expressed the hope that the Government would encourage joint efforts and cooperation between governmental bodies and non-governmental organizations at all levels with a view to the effective elimination of all forms of compulsory labour, including that of children, and requested the Government to supply full information on measures taken to this end.

The Committee notes the Government’s brief indication in its report supplied in May 2008 that a tripartite national committee is being considered to investigate the complaints of forced labour and hostage situation in the south-eastern region, that consultations for this investigation have already begun and the committee is expected to start its work in the near future. The Committee reiterates the firm hope that the Government will provide, in its next report, full information on the activities of the abovementioned tripartite national committee and on the specific action taken to investigate the situation in the South-East as regards the alleged practices of forced labour, as well as on the measures taken to eliminate such practices. The Committee also hopes that the Government will supply information on the results achieved in this regard by the Liberian Truth and Reconciliation Commission (TRC), which was set up to investigate human rights violations and was empowered to recommend for prosecution the most serious offenders, as well as information on the progress achieved in the establishment of an Independent National Human Rights Commission and drawing up of a national human rights action plan.

Recalling also that, under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation of the State to ensure that the penalties imposed are really adequate and are strictly enforced, the Committee hopes that the necessary action to give effect to this Article will be taken in the near future, by imposing penal sanctions on persons convicted of having exacted forced labour, and that the Government will provide, in its next report, information on any legal proceedings which have been instituted for that purpose and on any penalties imposed.

The Committee is raising other points in a request addressed directly to the Government.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention.
1. Resignation from service by state officials and career military personnel. Please indicate the provisions governing the resignation from service by state officials and career military personnel, and communicate copies of the relevant texts.

2. Legislation concerning compulsory national service. Please indicate any law establishing a compulsory national service, and supply a copy thereof.

3. Trafficking in persons. The Committee requests the Government to provide, in its next report, information on the measures taken, both in legislation and in practice, in order to prevent, suppress and punish trafficking in persons for the purpose of exploitation, including information on the activities of the National Anti-Trafficking Task Force appointed in 2006.

Article 2, paragraph 2, subparagraph (c). Prison labour. Please indicate the provisions of laws, rules and regulations governing prison labour and provide copies thereof. Please also specify the present position in law and practice as regards:

(i)    whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)   whether any private prison contractors deploy prisoners to work either inside or outside prison premises;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)   whether employment or prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)    the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)   whether and how the consent of the prisoners concerned to work for private enterprises is guaranteed.

Article 2, paragraph 2, subparagraph (d). Legislation concerning emergencies. Please supply copies of any statutory instruments governing work or service exacted in cases of emergencies.

Article 2, paragraph 2, subparagraph (e). Minor communal services. Please indicate any legal provisions applicable to local public works, self-help projects and minor communal services and indicate the actual practice in the matter.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Articles 1 (paragraph 1), 2 (paragraph 1), and 25 of the Convention. Forced labour and captivity practices in connection with armed conflict. In its earlier comments, the Committee referred to the allegations concerning forced labour and captivity practices which took place in the south-eastern part of the country in connection with armed conflict, where children were allegedly held hostage by adults and used as a source of forced and captive labour. The Committee previously noted the Government’s indication in its report that the special investigation committee sent by the Government to investigate the alleged forced labour practices in the south-eastern region recommended that a national committee be established to trace and reunite displaced women and children taken captive during the war and that, in order to enhance the National Reconciliation and Reunification Programmes, “local authorities should be directed to encourage their citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment for appropriate investigation and corrective measures”.

While having noted that the south-eastern part of the country was in a grave humanitarian crisis and an extreme state of poverty and that any reported situations of forced labour exploitation were due to the consequences of the war, the Committee expressed the hope that the Government would encourage joint efforts and cooperation between governmental bodies and non-governmental organizations at all levels with a view to the effective elimination of all forms of compulsory labour, including that of children, and requested the Government to supply full information on measures taken to this end.

The Committee notes the Government’s brief indication in its report supplied in May 2008 that a tripartite national committee is being considered to investigate the complaints of forced labour and hostage situation in the south-eastern region, that consultations for this investigation have already begun and the committee is expected to start its work in the near future. The Committee reiterates the firm hope that the Government will provide, in its next report, full information on the activities of the abovementioned tripartite national committee and on the specific action taken to investigate the situation in the South-East as regards the alleged practices of forced labour, as well as on the measures taken to eliminate such practices. The Committee also hopes that the Government will supply information on the results achieved in this regard by the Liberian Truth and Reconciliation Commission (TRC), which was set up to investigate human rights violations and was empowered to recommend for prosecution the most serious offenders, as well as information on the progress achieved in the establishment of an Independent National Human Rights Commission and drawing up of a national human rights action plan.

Recalling also that, under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation of the State to ensure that the penalties imposed are really adequate and are strictly enforced, the Committee hopes that the necessary action to give effect to this Article will be taken in the near future, by imposing penal sanctions on persons convicted of having exacted forced labour, and that the Government will provide, in its next report, information on any legal proceedings which have been instituted for that purpose and on any penalties imposed.

The Committee is raising other points in a request addressed directly to the Government.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Referring to its observation under the Convention, the Committee notes that the Government’s report contains no information in reply to its previous direct request. It hopes that the Government will supply a detailed report for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Articles 1(1) and 2(1) of the Convention. 1. Resignation from service by state officials and career military personnel. Please indicate the provisions governing the resignation from service by state officials and career military personnel, and communicate copies of the relevant texts.

2. Legislation concerning compulsory national service. Please indicate any law establishing a compulsory national service, and supply a copy thereof.

3. Trafficking in persons. The Committee requests the Government to provide, in its next report, information on the measures taken, both in legislation and in practice, in order to prevent, suppress and punish trafficking in persons for the purpose of exploitation, including information on the activities of the National Anti-Trafficking Task Force appointed in 2006.

Article 2(2)(c). Prison labour. Please indicate the provisions of laws, rules and regulations governing prison labour and provide copies thereof. Please also specify the present position in law and practice as regards:

(i)    whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)   whether any private prison contractors deploy prisoners to work either inside or outside prison premises;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment or prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)   the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  whether and how the consent of the prisoners concerned to work for private enterprises is guaranteed.

Article 2(2)(d). Legislation concerning emergencies. Please supply copies of any statutory instruments governing work or service exacted in cases of emergencies.

Article 2(2)(e). Minor communal services. Please indicate any legal provisions applicable to local public works, self-help projects and minor communal services and indicate the actual practice in the matter.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s brief report on the application of the Convention. It hopes that the Government’s next report will contain full and detailed information on the following matters raised in the Committee’s earlier comments.

Articles 1(1), 2(1) and 25 of the Convention. Forced labour and captivity practices in connection with armed conflict. In its earlier comments, the Committee referred to the allegations concerning forced labour and captivity practices which took place in the south-eastern part of the country in connection with armed conflict, where children were allegedly held hostage by adults and used as a source of forced and captive labour. The Committee previously noted the Government’s indication in its report that the special investigation committee sent by the Government to investigate the alleged forced labour practices in the south-eastern region recommended that a national committee be established to trace and reunite displaced women and children taken captive during the war and that, in order to enhance the National Reconciliation and Reunification Programmes, “local authorities should be directed to encourage their citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment for appropriate investigation and corrective measures”.

While having noted that the south-eastern part of the country was in a grave humanitarian crisis and an extreme state of poverty and that any reported situations of forced labour exploitation were due to the consequences of the war, the Committee expressed the hope that the Government would encourage joint efforts and cooperation between governmental bodies and non-governmental organizations at all levels with a view to the effective elimination of all forms of compulsory labour, including that of children, and requested the Government to supply full information on measures taken to this end.

The Committee notes the Government’s brief indication in its report supplied in May 2008 that a tripartite national committee is being considered to investigate the complaints of forced labour and hostage situation in the south-eastern region, that consultations for this investigation have already begun and the committee is expected to start its work in the near future. The Committee reiterates the firm hope that the Government will provide, in its next report, full information on the activities of the abovementioned tripartite national committee and on the specific action taken to investigate the situation in the South-East as regards the alleged practices of forced labour, as well as on the measures taken to eliminate such practices. The Committee also hopes that the Government will supply information on the results achieved in this regard by the Liberian Truth and Reconciliation Commission (TRC), which was set up to investigate human rights violations and was empowered to recommend for prosecution the most serious offenders, as well as information on the progress achieved in the establishment of an Independent National Human Rights Commission and drawing up of a national human rights action plan.

Recalling also that, under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation of the State to ensure that the penalties imposed are really adequate and are strictly enforced, the Committee hopes that the necessary action to give effect to this Article will be taken in the near future, by imposing penal sanctions on persons convicted of having exacted forced labour, and that the Government will provide, in its next report, information on any legal proceedings which have been instituted for that purpose and on any penalties imposed.

The Committee is also addressing a request on certain other points directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that no report has been received from the Government for the sixth year in succession. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Referring to its earlier comments, the Committee, to be able to ascertain the state of the national legislation with regard to the Convention, requests the Government to supply information on the following points:

(1)  Please indicate the statutory instruments governing the resignation from service by state officials and career military personnel, and send copies of the relevant texts.

(2)  Please indicate any law establishing a compulsory national service, and send a copy thereof.

(3)  Please send copies of any statutory instruments governing work or service exacted in cases of emergencies or providing for compulsory cultivation.

(4)  Please indicate any legal provisions applicable to local public works, self-help projects and minor communal services and indicate the actual practice in the matter.

(5)  Please indicate the provisions of laws, rules and regulations governing prison labour and send copies thereof; in this connection please also specify the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment or prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that no report has been received from the Government for the sixth year in succession. It must therefore repeat its previous observation on the following matters:

1. In its previous observation, the Committee referred to a communication of the International Confederation of Free Trade Unions, dated 22 October 1998, by which a report on forced child labour in south-eastern Liberia was sent. That report, dated September 1998, had been prepared by Focus and the Justice and Peace Commission (JPC), two local organizations.

The Committee noted the Government’s comments on that communication. It noted the report of the special investigation committee sent by the Government in May 1998 to investigate alleged forced labour in the south-eastern region. It noted that the special investigation committee did not find or establish any conclusive or physical evidence to confirm acts of forced labour in the region. The Committee however observes that the special investigation committee recommended in its report that a national committee be established to trace and reunite displaced women and children that were taken captive during the war and also that a committee be sent to investigate allegations of forced labour and hostage situations particularly in some parts of Grand Kru and Nimba Country. The investigation committee further recommended that, in order to enhance the National Reconciliation and Reunification Programmes, "local authorities should be directed to encourage their citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment for appropriate investigation and corrective measures".

In their report, Focus and JPC found that the case of forced labour was "a spillover of the gross abuses that characterized the civil war" and that it was a common practice of ex-combatants (mainly former commanders) of former warring factions who chose to take advantage of the extremely difficult economic situation in the region. The report stated that there are practices of exploitative and forced labour and captivity taking place in that part of the country, chiefly in the Government Camp area in Sinoe Country. The report also mentioned chief Solomon Moses (Chief Solo) in Sinoe Country and Chief Gonda, in Grand Gedeh Country, as alleged perpetrators, both of them being heads of Joint Security Forces. It mentioned the difficult situation of socially abandoned children who had to fend for themselves and orphans who, although in the care of some adult, "due to financial difficulties were made to perform tasks against their will" so as to "raise funds for their support". The Committee notes that in their recommendations, Focus and JPC urge the Government to address the plight of children in the south-east, especially that of children held hostage by adults and used as a source of forced and captive labour.

The Committee noted that both reports found that the south-eastern part of the country was in a grave humanitarian crisis and an extreme state of poverty and that any reported situations of exploitation were due to the consequences of the war. It further noted from the Government’s latest report that the region is cut off to a very large extent from the rest of the country because of the bad state of the roads, that the limited resources available do not allow for the immediate building of the needed hospitals and schools and that because of the economic situation in the region, there are hardly any alternatives to farming, small-scale mining and other activities which require massive and cheap labour.

The Committee understands from the documents before it that the Government as well as Focus and JPC have independently sent teams to investigate the situation and report on it. It hopes that the Government will encourage joint efforts and cooperation between governmental bodies and non-governmental organizations at all levels with a view to the effective elimination of all forms of compulsory labour, including that of children, and that the Government will supply full information on measures taken to this end, as well as on action taken on the following recommendations of the special investigation committee:

(a)  the establishment of a national committee to trace and reunite displaced women and children taken captive during the war;

(b)  the sending of a committee to investigate allegations of forced labour and hostage situations particularly in Grand Kru and Nimba Country;

(c)  directing local authorities to encourage the citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment, for appropriate investigation and corrective measures, in the framework of the National Reconciliation and Reunification Programmes.

The Committee furthermore hopes that the Government will take specific action to investigate the situation in the south-east as regards practices of forced labour, including allegations that children are held hostage by adults as captive labour, and more particularly the allegations that forced labour was being imposed in the Government Camp area in Sinoe Country and by heads of Joint Security Forces in Sinoe Country and Grand Gedeh Country. The Committee hopes that the Government will supply full information on the action taken and the results.

2. Article 25 of the Convention. The Committee recalls that under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation on the State to ensure that the penalties imposed are really adequate and are strictly enforced. It notes from the Government’s latest report that the use of forced or compulsory labour is to be held a crime. The Committee hopes that the necessary action to give effect to Article 25 of the Convention will be completed in the near future and that the Government will send the text of the Act as soon as it is adopted.

The Committee is addressing a direct request to the Government on other points.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that no report has been received from the Government for the fifth year in succession. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Referring to its earlier comments and the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee, to be able to ascertain the state of the national legislation with regard to the Convention, requests the Government to supply information on the following points:

(1)  Please indicate the statutory instruments governing the resignation from service by state officials and career military personnel, and send copies of the relevant texts.

(2)  Please indicate any law establishing a compulsory national service, and send a copy thereof.

(3)  Please send copies of any statutory instruments governing work or service exacted in cases of emergencies or providing for compulsory cultivation.

(4)  Please indicate any legal provisions applicable to local public works, self-help projects and minor communal services and indicate the actual practice in the matter.

(5)  Please indicate the provisions of laws, rules and regulations governing prison labour and send copies thereof; in this connection please also specify the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment or prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that no report has been received from the Government for the fifth year in succession. It must therefore repeat its previous observation on the following matters:

1. In its previous observation, the Committee referred to a communication of the International Confederation of Free Trade Unions, dated 22 October 1998, by which a report on forced child labour in south-eastern Liberia was sent. That report, dated September 1998, had been prepared by Focus and the Justice and Peace Commission (JPC), two local organizations.

The Committee noted the Government’s comments on that communication. It noted the report of the special investigation committee sent by the Government in May 1998 to investigate alleged forced labour in the south-eastern region. It noted that the special investigation committee did not find or establish any conclusive or physical evidence to confirm acts of forced labour in the region. The Committee however observes that the special investigation committee recommended in its report that a national committee be established to trace and reunite displaced women and children that were taken captive during the war and also that a committee be sent to investigate allegations of forced labour and hostage situations particularly in some parts of Grand Kru and Nimba Country. The investigation committee further recommended that, in order to enhance the National Reconciliation and Reunification Programmes, "local authorities should be directed to encourage their citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment for appropriate investigation and corrective measures".

In their report, Focus and JPC found that the case of forced labour was "a spillover of the gross abuses that characterized the civil war" and that it was a common practice of ex-combatants (mainly former commanders) of former warring factions who chose to take advantage of the extremely difficult economic situation in the region. The report stated that there are practices of exploitative and forced labour and captivity taking place in that part of the country, chiefly in the Government Camp area in Sinoe Country. The report also mentioned chief Solomon Moses (Chief Solo) in Sinoe Country and Chief Gonda, in Grand Gedeh Country, as alleged perpetrators, both of them being heads of Joint Security Forces. It mentioned the difficult situation of socially abandoned children who had to fend for themselves and orphans who, although in the care of some adult, "due to financial difficulties were made to perform tasks against their will" so as to "raise funds for their support". The Committee notes that in their recommendations, Focus and JPC urge the Government to address the plight of children in the south-east, especially that of children held hostage by adults and used as a source of forced and captive labour.

The Committee noted that both reports found that the south-eastern part of the country was in a grave humanitarian crisis and an extreme state of poverty and that any reported situations of exploitation were due to the consequences of the war. It further noted from the Government’s latest report that the region is cut off to a very large extent from the rest of the country because of the bad state of the roads, that the limited resources available do not allow for the immediate building of the needed hospitals and schools and that because of the economic situation in the region, there are hardly any alternatives to farming, small-scale mining and other activities which require massive and cheap labour.

The Committee understands from the documents before it that the Government as well as Focus and JPC have independently sent teams to investigate the situation and report on it. It hopes that the Government will encourage joint efforts and cooperation between governmental bodies and non-governmental organizations at all levels with a view to the effective elimination of all forms of compulsory labour, including that of children, and that the Government will supply full information on measures taken to this end, as well as on action taken on the following recommendations of the special investigation committee:

(a)  the establishment of a national committee to trace and reunite displaced women and children taken captive during the war;

(b)  the sending of a committee to investigate allegations of forced labour and hostage situations particularly in Grand Kru and Nimba Country;

(c)  directing local authorities to encourage the citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment, for appropriate investigation and corrective measures, in the framework of the National Reconciliation and Reunification Programmes.

The Committee furthermore hopes that the Government will take specific action to investigate the situation in the south-east as regards practices of forced labour, including allegations that children are held hostage by adults as captive labour, and more particularly the allegations that forced labour was being imposed in the Government Camp area in Sinoe Country and by heads of Joint Security Forces in Sinoe Country and Grand Gedeh Country. The Committee hopes that the Government will supply full information on the action taken and the results.

2. Article 25 of the Convention. The Committee recalls that under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation on the State to ensure that the penalties imposed are really adequate and are strictly enforced. It notes from the Government’s latest report that the use of forced or compulsory labour is to be held a crime. The Committee hopes that the necessary action to give effect to Article 25 of the Convention will be completed in the near future and that the Government will send the text of the Act as soon as it is adopted.

The Committee is addressing a direct request to the Government on other points.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that no report has been received from the Government for the fourth year in succession. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Referring to its earlier comments and the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee, to be able to ascertain the state of the national legislation with regard to the Convention, requests the Government to supply information on the following points:

(1)  Please indicate the statutory instruments governing the resignation from service by State officials and career military personnel, and send copies of the relevant texts.

(2)  Please indicate any law establishing a compulsory national service, and send a copy thereof.

(3)  Please send copies of any statutory instruments governing work or service exacted in cases of emergencies or providing for compulsory cultivation.

(4)  Please indicate any legal provisions applicable to local public works, self-help projects and minor communal services and indicate the actual practice in the matter.

(5)  Please indicate the provisions of laws, rules and regulations governing prison labour and send copies thereof; in this connection please also specify the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment or prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that no report has been received from the Government for the fourth year in succession. It must therefore repeat its previous observation on the following matters:

1. In its previous observation, the Committee referred to a communication of the International Confederation of Free Trade Unions, dated 22 October 1998, by which a report on forced child labour in south-eastern Liberia was sent. That report, dated September 1998, had been prepared by Focus and the Justice and Peace Commission (JPC), two local organizations.

The Committee noted the Government’s comments on that communication. It noted the report of the special investigation committee sent by the Government in May 1998 to investigate alleged forced labour in the south-eastern region. It noted that the special investigation committee did not find or establish any conclusive or physical evidence to confirm acts of forced labour in the region. The Committee however observes that the special investigation committee recommended in its report that a national committee be established to trace and reunite displaced women and children that were taken captive during the war and also that a committee be sent to investigate allegations of forced labour and hostage situations particularly in some parts of Grand Kru and Nimba Country. The investigation committee further recommended that, in order to enhance the National Reconciliation and Reunification Programmes, "local authorities should be directed to encourage their citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment for appropriate investigation and corrective measures".

In their report, Focus and JPC found that the case of forced labour was "a spillover of the gross abuses that characterized the civil war" and that it was a common practice of ex-combatants (mainly former commanders) of former warring factions who chose to take advantage of the extremely difficult economic situation in the region. The report stated that there are practices of exploitative and forced labour and captivity taking place in that part of the country, chiefly in the Government Camp area in Sinoe Country. The report also mentioned chief Solomon Moses (Chief Solo) in Sinoe Country and Chief Gonda, in Grand Gedeh Country, as alleged perpetrators, both of them being heads of Joint Security Forces. It mentioned the difficult situation of socially abandoned children who had to fend for themselves and orphans who, although in the care of some adult, "due to financial difficulties were made to perform tasks against their will" so as to "raise funds for their support". The Committee notes that in their recommendations, Focus and JPC urge the Government to address the plight of children in the south-east, especially that of children held hostage by adults and used as a source of forced and captive labour.

The Committee noted that both reports found that the south-eastern part of the country was in a grave humanitarian crisis and an extreme state of poverty and that any reported situations of exploitation were due to the consequences of the war. It further noted from the Government’s latest report that the region is cut off to a very large extent from the rest of the country because of the bad state of the roads, that the limited resources available do not allow for the immediate building of the needed hospitals and schools and that because of the economic situation in the region, there are hardly any alternatives to farming, small-scale mining and other activities which require massive and cheap labour.

The Committee understands from the documents before it that the Government as well as Focus and JPC have independently sent teams to investigate the situation and report on it. It hopes that the Government will encourage joint efforts and cooperation between governmental bodies and non-governmental organizations at all levels with a view to the effective elimination of all forms of compulsory labour, including that of children, and that the Government will supply full information on measures taken to this end, as well as on action taken on the following recommendations of the special investigation committee:

(a)  the establishment of a national committee to trace and reunite displaced women and children taken captive during the war;

(b)  the sending of a committee to investigate allegations of forced labour and hostage situations particularly in Grand Kru and Nimba Country;

(c)  directing local authorities to encourage the citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment, for appropriate investigation and corrective measures, in the framework of the National Reconciliation and Reunification Programmes.

The Committee furthermore hopes that the Government will take specific action to investigate the situation in the south-east as regards practices of forced labour, including allegations that children are held hostage by adults as captive labour, and more particularly the allegations that forced labour was being imposed in the Government Camp area in Sinoe Country and by heads of Joint Security Forces in Sinoe Country and Grand Gedeh Country. The Committee hopes that the Government will supply full information on the action taken and the results.

2. Article 25 of the Convention. The Committee recalls that under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation on the State to ensure that the penalties imposed are really adequate and are strictly enforced. It notes from the Government’s latest report that the use of forced or compulsory labour is to be held a crime. The Committee hopes that the necessary action to give effect to Article 25 of the Convention will be completed in the near future and that the Government will send the text of the Act as soon as it is adopted.

The Committee is addressing a direct request to the Government on other points.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that no report has been received from the Government for the third year in succession. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Referring to its earlier comments and the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee, to be able to ascertain the state of the national legislation with regard to the Convention, requests the Government to supply information on the following points:

(1)  Please indicate the statutory instruments governing the resignation from service by State officials and career military personnel, and send copies of the relevant texts.

(2)  Please indicate any law establishing a compulsory national service, and send a copy thereof.

(3)  Please send copies of any statutory instruments governing work or service exacted in cases of emergencies or providing for compulsory cultivation.

(4)  Please indicate any legal provisions applicable to local public works, self-help projects and minor communal services and indicate the actual practice in the matter.

(5)  Please indicate the provisions of laws, rules and regulations governing prison labour and send copies thereof; in this connection please also specify the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment or prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed; 

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)  how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that no report has been received from the Government for the third year in succession. It must therefore repeat its previous observation on the following points:

1. In its previous observation, the Committee referred to a communication of the International Confederation of Free Trade Unions, dated 22 October 1998, by which a report on forced child labour in south-eastern Liberia was sent. That report, dated September 1998, had been prepared by Focus and the Justice and Peace Commission (JPC), two local organizations.

The Committee noted the Government’s comments on that communication. It noted the report of the special investigation committee sent by the Government in May 1998 to investigate alleged forced labour in the south-eastern region. It noted that the special investigation committee did not find or establish any conclusive or physical evidence to confirm acts of forced labour in the region. The Committee however observes that the special investigation committee recommended in its report that a national committee be established to trace and reunite displaced women and children that were taken captive during the war and also that a committee be sent to investigate allegations of forced labour and hostage situations particularly in some parts of Grand Kru and Nimba Country. The investigation committee further recommended that, in order to enhance the National Reconciliation and Reunification Programmes, "local authorities should be directed to encourage their citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment for appropriate investigation and corrective measures".

In their report, Focus and JPC found that the case of forced labour was "a spillover of the gross abuses that characterized the civil war" and that it was a common practice of ex-combatants (mainly former commanders) of former warring factions who chose to take advantage of the extremely difficult economic situation in the region. The report stated that there are practices of exploitative and forced labour and captivity taking place in that part of the country, chiefly in the Government Camp area in Sinoe Country. The report also mentioned chief Solomon Moses (Chief Solo) in Sinoe Country and Chief Gonda, in Grand Gedeh Country, as alleged perpetrators, both of them being heads of Joint Security Forces. It mentioned the difficult situation of socially abandoned children who had to fend for themselves and orphans who, although in the care of some adult, "due to financial difficulties were made to perform tasks against their will" so as to "raise funds for their support". The Committee notes that in their recommendations, Focus and JPC urge the Government to address the plight of children in the south-east, especially that of children held hostage by adults and used as a source of forced and captive labour.

The Committee noted that both reports found that the south-eastern part of the country was in a grave humanitarian crisis and an extreme state of poverty and that any reported situations of exploitation were due to the consequences of the war. It further noted from the Government’s latest report that the region is cut off to a very large extent from the rest of the country because of the bad state of the roads, that the limited resources available do not allow for the immediate building of the needed hospitals and schools and that because of the economic situation in the region, there are hardly any alternatives to farming, small-scale mining and other activities which require massive and cheap labour.

The Committee understands from the documents before it that the Government as well as Focus and JPC have independently sent teams to investigate the situation and report on it. It hopes that the Government will encourage joint efforts and cooperation between governmental bodies and non-governmental organizations at all levels with a view to the effective elimination of all forms of compulsory labour, including that of children, and that the Government will supply full information on measures taken to this end, as well as on action taken on the following recommendations of the special investigation committee:

(a)  the establishment of a national committee to trace and reunite displaced women and children taken captive during the war;

(b)  the sending of a committee to investigate allegations of forced labour and hostage situations particularly in Grand Kru and Nimba Country;

(c)  directing local authorities to encourage the citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment, for appropriate investigation and corrective measures, in the framework of the National Reconciliation and Reunification Programmes.

The Committee furthermore hopes that the Government will take specific action to investigate the situation in the south-east as regards practices of forced labour, including allegations that children are held hostage by adults as captive labour, and more particularly the allegations that forced labour was being imposed in the Government Camp area in Sinoe Country and by heads of Joint Security Forces in Sinoe Country and Grand Gedeh Country. The Committee hopes that the Government will supply full information on the action taken and the results.

2. Article 25 of the Convention. The Committee recalls that under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation on the State to ensure that the penalties imposed are really adequate and are strictly enforced. It notes from the Government’s latest report that the use of forced or compulsory labour is to be held a crime. The Committee hopes that the necessary action to give effect to Article 25 of the Convention will be completed in the near future and that the Government will send the text of the Act as soon as it is adopted.

The Committee is addressing a direct request to the Government on other points.

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

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Referring to its previous observation and the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee, to be able to ascertain the state of the national legislation with regard to the Convention, requests the Government to supply information on the following points:

(1)  Please indicate the statutory instruments governing the resignation from service by State officials and career military personnel, and send copies of the relevant texts.

(2)  Please indicate any law establishing a compulsory national service, and send a copy thereof.

(3)  Please send copies of any statutory instruments governing work or service exacted in cases of emergencies or providing for compulsory cultivation.

(4)  Please indicate any legal provisions applicable to local public works, self-help projects and minor communal services and indicate the actual practice in the matter.

(5)  Please indicate the provisions of laws, rules and regulations governing prison labour and send copies thereof; in this connection please also specify the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment or prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed; 

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)  how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following points:

1. In its previous observation, the Committee referred to a communication of the International Confederation of Free Trade Unions, dated 22 October 1998, by which a report on forced child labour in south-eastern Liberia was sent. That report, dated September 1998, had been prepared by Focus and the Justice and Peace Commission (JPC), two local organizations.

The Committee noted the Government’s comments on that communication. It noted the report of the special investigation committee sent by the Government in May 1998 to investigate alleged forced labour in the south-eastern region. It noted that the special investigation committee did not find or establish any conclusive or physical evidence to confirm acts of forced labour in the region. The Committee however observes that the special investigation committee recommended in its report that a national committee be established to trace and reunite displaced women and children that were taken captive during the war and also that a committee be sent to investigate allegations of forced labour and hostage situations particularly in some parts of Grand Kru and Nimba Country. The investigation committee further recommended that, in order to enhance the National Reconciliation and Reunification Programmes, "local authorities should be directed to encourage their citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment for appropriate investigation and corrective measures".

In their report, Focus and JPC found that the case of forced labour was "a spillover of the gross abuses that characterized the civil war" and that it was a common practice of ex-combatants (mainly former commanders) of former warring factions who chose to take advantage of the extremely difficult economic situation in the region. The report stated that there are practices of exploitative and forced labour and captivity taking place in that part of the country, chiefly in the Government Camp area in Sinoe Country. The report also mentioned chief Solomon Moses (Chief Solo) in Sinoe Country and Chief Gonda, in Grand Gedeh Country, as alleged perpetrators, both of them being heads of Joint Security Forces. It mentioned the difficult situation of socially abandoned children who had to fend for themselves and orphans who, although in the care of some adult, "due to financial difficulties were made to perform tasks against their will" so as to "raise funds for their support". The Committee notes that in their recommendations, Focus and JPC urge the Government to address the plight of children in the south-east, especially that of children held hostage by adults and used as a source of forced and captive labour.

The Committee notes that both reports found that the south-eastern part of the country was in a grave humanitarian crisis and an extreme state of poverty and that any reported situations of exploitation were due to the consequences of the war. It further notes from the Government’s latest report that the region is cut off to a very large extent from the rest of the country because of the bad state of the roads, that the limited resources available do not allow for the immediate building of the needed hospitals and schools and that because of the economic situation in the region, there are hardly any alternatives to farming, small-scale mining and other activities which require massive and cheap labour.

The Committee understands from the documents before it that the Government as well as Focus and JPC have independently sent teams to investigate the situation and report on it. It hopes that the Government will encourage joint efforts and cooperation between governmental bodies and non-governmental organizations at all levels with a view to the effective elimination of all forms of compulsory labour, including that of children, and that the Government will supply full information on measures taken to this end, as well as on action taken on the following recommendations of the special investigation committee:

(a)  the establishment of a national committee to trace and reunite displaced women and children taken captive during the war;

(b)  the sending of a committee to investigate allegations of forced labour and hostage situations particularly in Grand Kru and Nimba Country;

(c)  directing local authorities to encourage the citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment, for appropriate investigation and corrective measures, in the framework of the National Reconciliation and Reunification Programmes.

The Committee furthermore hopes that the Government will take specific action to investigate the situation in the south-east as regards practices of forced labour, including allegations that children are held hostage by adults as captive labour, and more particularly the allegations that forced labour was being imposed in the Government Camp area in Sinoe Country and by heads of Joint Security Forces in Sinoe Country and Grand Gedeh Country. The Committee hopes that the Government will supply full information on the action taken and the results.

2. Article 25 of the Convention. The Committee recalls that under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation on the State to ensure that the penalties imposed are really adequate and are strictly enforced. It notes from the Government’s latest report that the use of forced or compulsory labour is to be held a crime. The Committee hopes that the necessary action to give effect to Article 25 of the Convention will be completed in the near future and that the Government will send the text of the Act as soon as it is adopted.

The Committee is addressing a direct request to the Government on other points.

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

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Referring to its previous observation and the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee, to be able to ascertain the state of the national legislation with regard to the Convention, requests the Government to supply information on the following points:

(1)  Please indicate the statutory instruments governing the resignation from service by State officials and career military personnel, and send copies of the relevant texts.

(2)  Please indicate any law establishing a compulsory national service, and send a copy thereof.

(3)  Please send copies of any statutory instruments governing work or service exacted in cases of emergencies or providing for compulsory cultivation.

(4)  Please indicate any legal provisions applicable to local public works, self-help projects and minor communal services and indicate the actual practice in the matter.

(5)  Please indicate the provisions of laws, rules and regulations governing prison labour and send copies thereof; in this connection please also specify the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment or prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed; 

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)  how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following points:

I.  In its previous observation, the Committee referred to a communication of the International Confederation of Free Trade Unions, dated 22 October 1998, by which a report on forced child labour in south-eastern Liberia was sent. That report, dated September 1998, had been prepared by Focus and the Justice and Peace Commission (JPC), two local organizations.

The Committee notes the Government’s comments on that communication. It notes the report of the special investigation committee sent by the Government in May 1998 to investigate alleged forced labour in the south-eastern region. It notes that the special investigation committee did not find or establish any conclusive or physical evidence to confirm acts of forced labour in the region. The Committee however observes that the special investigation committee recommended in its report that a national committee be established to trace and reunite displaced women and children that were taken captive during the war and also that a committee be sent to investigate allegations of forced labour and hostage situations particularly in some parts of Grand Kru and Nimba Country. The investigation committee further recommended that, in order to enhance the National Reconciliation and Reunification Programmes, "local authorities should be directed to encourage their citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment for appropriate investigation and corrective measures".

In their report, Focus and JPC found that the case of forced labour was "a spillover of the gross abuses that characterized the civil war" and that it was a common practice of ex-combatants (mainly former commanders) of former warring factions who chose to take advantage of the extremely difficult economic situation in the region. The report stated that there are practices of exploitative and forced labour and captivity taking place in that part of the country, chiefly in the Government Camp area in Sinoe Country. The report also mentioned chief Solomon Moses (Chief Solo) in Sinoe Country and Chief Gonda, in Grand Gedeh Country, as alleged perpetrators, both of them being heads of Joint Security Forces. It mentioned the difficult situation of socially abandoned children who had to fend for themselves and orphans who, although in the care of some adult, "due to financial difficulties were made to perform tasks against their will" so as to "raise funds for their support". The Committee notes that in their recommendations, Focus and JPC urge the Government to address the plight of children in the south-east, especially that of children held hostage by adults and used as a source of forced and captive labour.

The Committee notes that both reports found that the south-eastern part of the country was in a grave humanitarian crisis and an extreme state of poverty and that any reported situations of exploitation were due to the consequences of the war. It further notes from the Government’s latest report that the region is cut off to a very large extent from the rest of the country because of the bad state of the roads, that the limited resources available do not allow for the immediate building of the needed hospitals and schools and that because of the economic situation in the region, there are hardly any alternatives to farming, small-scale mining and other activities which require massive and cheap labour.

The Committee understands from the documents before it that the Government as well as Focus and JPC have independently sent teams to investigate the situation and report on it. It hopes that the Government will encourage joint efforts and cooperation between governmental bodies and non-governmental organizations at all levels with a view to the effective elimination of all forms of compulsory labour, including that of children, and that the Government will supply full information on measures taken to this end, as well as on action taken on the following recommendations of the special investigation committee:

(a)  the establishment of a national committee to trace and reunite displaced women and children taken captive during the war;

(b)  the sending of a committee to investigate allegations of forced labour and hostage situations particularly in Grand Kru and Nimba Country;

(c)  directing local authorities to encourage the citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment, for appropriate investigation and corrective measures, in the framework of the National Reconciliation and Reunification Programmes.

The Committee furthermore hopes that the Government will take specific action to investigate the situation in the south-east as regards practices of forced labour, including allegations that children are held hostage by adults as captive labour, and more particularly the allegations that forced labour was being imposed in the Government Camp area in Sinoe Country and by heads of Joint Security Forces in Sinoe Country and Grand Gedeh Country. The Committee hopes that the Government will supply full information on the action taken and the results.

II.  Article 25 of the Convention.  The Committee recalls that under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation on the State to ensure that the penalties imposed are really adequate and are strictly enforced. It notes from the Government’s latest report that the use of forced or compulsory labour is to be held a crime. The Committee hopes that the necessary action to give effect to Article 25 of the Convention will be completed in the near future and that the Government will send the text of the Act as soon as it is adopted.

The Committee is addressing a direct request to the Government on other points.

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

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Referring to its previous observation and the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee, to be able to ascertain the state of the national legislation with regard to the Convention, requests the Government to supply information on the following points:

(1) Please indicate the statutory instruments governing the resignation from service by State officials and career military personnel, and send copies of the relevant texts.

(2) Please indicate any law establishing a compulsory national service, and send a copy thereof.

(3) Please send copies of any statutory instruments governing work or service exacted in cases of emergencies or providing for compulsory cultivation.

(4) Please indicate any legal provisions applicable to local public works, self-help projects and minor communal services and indicate the actual practice in the matter.

(5) Please indicate the provisions of laws, rules and regulations governing prison labour and send copies thereof; in this connection please also specify the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment or prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report.

I. In its previous observation, the Committee referred to a communication of the International Confederation of Free Trade Unions, dated 22 October 1998, by which a report on forced child labour in south-eastern Liberia was sent. That report, dated September 1998, had been prepared by Focus and the Justice and Peace Commission (JPC), two local organizations.

The Committee notes the Government's comments on that communication. It notes the report of the special investigation committee sent by the Government in May 1998 to investigate alleged forced labour in the south-eastern region. It notes that the special investigation committee did not find or establish any conclusive or physical evidence to confirm acts of forced labour in the region. The Committee however observes that the special investigation committee recommended in its report that a national committee be established to trace and reunite displaced women and children that were taken captive during the war and also that a committee be sent to investigate allegations of forced labour and hostage situations particularly in some parts of Grand Kru and Nimba Country. The investigation committee further recommended that, in order to enhance the National Reconciliation and Reunification Programmes, "local authorities should be directed to encourage their citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment for appropriate investigation and corrective measures".

In their report, Focus and JPC found that the case of forced labour was "a spillover of the gross abuses that characterized the civil war" and that it was a common practice of ex-combatants (mainly former commanders) of former warring factions who chose to take advantage of the extremely difficult economic situation in the region. The report stated that there are practices of exploitative and forced labour and captivity taking place in that part of the country, chiefly in the Government Camp area in Sinoe Country. The report also mentioned chief Solomon Moses (Chief Solo) in Sinoe Country and Chief Gonda, in Grand Gedeh Country, as alleged perpetrators, both of them being heads of Joint Security Forces. It mentioned the difficult situation of socially abandoned children who had to fend for themselves and orphans who, although in the care of some adult, "due to financial difficulties were made to perform tasks against their will" so as to "raise funds for their support". The Committee notes that in their recommendations, Focus and JPC urge the Government to address the plight of children in the south-east, especially that of children held hostage by adults and used as a source of forced and captive labour.

The Committee notes that both reports found that the south-eastern part of the country was in a grave humanitarian crisis and an extreme state of poverty and that any reported situations of exploitation were due to the consequences of the war. It further notes from the Government's latest report that the region is cut off to a very large extent from the rest of the country because of the bad state of the roads, that the limited resources available do not allow for the immediate building of the needed hospitals and schools and that because of the economic situation in the region, there are hardly any alternatives to farming, small-scale mining and other activities which require massive and cheap labour.

The Committee understands from the documents before it that the Government as well as Focus and JPC have independently sent teams to investigate the situation and report on it. It hopes that the Government will encourage joint efforts and cooperation between governmental bodies and non-governmental organizations at all levels with a view to the effective elimination of all forms of compulsory labour, including that of children, and that the Government will supply full information on measures taken to this end, as well as on action taken on the following recommendations of the special investigation committee:

(a) the establishment of a national committee to trace and reunite displaced women and children taken captive during the war;

(b) the sending of a committee to investigate allegations of forced labour and hostage situations particularly in Grand Kru and Nimba Country;

(c) directing local authorities to encourage the citizens to report any acts of alleged forced labour, intimidation, harassment, maltreatment, for appropriate investigation and corrective measures, in the framework of the National Reconciliation and Reunification Programmes.

The Committee furthermore hopes that the Government will take specific action to investigate the situation in the south-east as regards practices of forced labour, including allegations that children are held hostage by adults as captive labour, and more particularly the allegations that forced labour was being imposed in the Government Camp area in Sinoe Country and by heads of Joint Security Forces in Sinoe Country and Grand Gedeh Country. The Committee hopes that the Government will supply full information on the action taken and the results.

II. Article 25 of the Convention. The Committee recalls that under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation on the State to ensure that the penalties imposed are really adequate and are strictly enforced. It notes from the Government's latest report that the use of forced or compulsory labour is to be held a crime. The Committee hopes that the necessary action to give effect to Article 25 of the Convention will be completed in the near future and that the Government will send the text of the Act as soon as it is adopted.

The Committee is addressing a direct request to the Government on other points.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

I. The Committee notes that the Government has not yet been in a position to send its report and refers to its general observation. The Committee would appreciate complete and detailed information in the Government's next report on the current practice and legal situation with respect to the following points:

1. Article 1 of the Convention. Would the Government please indicate the provisions in any legal text in force prohibiting forced or compulsory labour in all its forms and send a copy of such provisions, and explain the situation of servants and military career personnel, including under what conditions they may resign from their work if they so wish?

2. Article 2. (a) Would the Government please indicate the legal provisions ensuring that only work or service of a purely military character can be exacted in virtue of compulsory military service law?

(b) Would the Government please indicate the forms of work or service which are part of the normal civic obligations in the country, and whether there are any forms of local public works?

(c) Would the Government please send a copy of any provisions applicable to work or service undertaken by prisoners convicted by a court of law?

(d) Would the Government please indicate the provisions governing work or service exacted in cases of emergency, such as threatened calamity (fire, flood, famine, violent epidemic or epizootic diseases, etc.) and in general any circumstance that would endanger the existence or well-being of the whole or part of the population?

(e) Would the Government please indicate what is the practice with respect to minor communal services in the interest of the community?

3. Article 25. Would the Government please indicate under what provisions the illegal exaction of forced or compulsory labour is punishable as a penal offence and what is the practical application of such provisions?

II. The Committee has been informed that a communication of the International Confederation of Free Trade Unions dated 22 October 1998 concerning allegations of forced child labour in south-eastern Liberia was forwarded to the Government for comment. The Committee asks the Government to send its observations on the matter with its next report, so that the Committee may deal with the substance at its next session.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its previous comments the Committee noted the Government's indication that there is no legislation governing resignation by civil servants but that in practice the Government permits them to freely leave the civil service on their own initiative, and that with regard to the various categories of career members of the armed forces of Liberia, resignation is possible after five, 15 or 25 years respectively for enlisted men, officers or generals.

The Committee again requests the Government to send copies of the provisions governing engagement in and resignation from the armed forces as well as of the Civil Service Act and the Standing Orders of the Civil Service, and information on any measures taken or contemplated to enable officers and generals in peacetime to leave the service in the armed forces before the expiration of 15 or 25 years respectively, subject to giving notice of reasonable length.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

1. Penal sanctions for illegal exaction of forced labour.Referring to its previous comments the Committee recalls that under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence with penalties which should be really adequate and strictly enforced. The Committee trusts that the necessary legislation will be enacted. 2. Local public works.In previous observations, the Committee noted that, notwithstanding the repeal in 1962 of provisions for the exaction of forced labour for public works contained in the Revised Laws and Administrative Regulations for Governing the Hinterland, 1949, continued use had been made of such powers for carrying out local development works through self-help projects. The Committee noted that according to the annual report of the Ministry of Local Government, Rural Development and Urban Reconstruction for 1981, 75 per cent of rural development projects visited during a nationwide inspection tour were funded through self-help and it requested the Government to provide a copy of the report on the inspection tour and any similar report. The Committee hopes that the legislative provisions to be adopted with a view to giving effect to the requirements of Article 25 of the Convention will ensure that any exaction of labour in connection with local development works can be the subject of effective penalties. 3. Enforcement of the prohibition of forced or compulsory labour.In previous observations, the Committee pointed out that, under Articles 24 and 25 of the Convention, the Government was under an obligation to ensure the strict observance of the prohibition of forced or compulsory labour. It stressed the importance, in this connection, of measures to ensure adequate labour inspection, particularly in non-concessionary agricultural undertakings and in relation to Chiefs. The Committee hopes the next report will contain further information in this respect.

END OF REPETITION

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

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous comments the Committee noted the Government's indication that there is no legislation governing resignation by civil servants but that in practice the Government permits them to freely leave the civil service on their own initiative, and that with regard to the various categories of career members of the armed forces of Liberia, resignation is possible after five, 15 or 25 years respectively for enlisted men, officers or generals.

The Committee again requests the Government to send copies of the provisions governing engagement in and resignation from the armed forces as well as of the Civil Service Act and the Standing Orders of the Civil Service, and information on any measures taken or contemplated to enable officers and generals in peacetime to leave the service in the armed forces before the expiration of 15 or 25 years respectively, subject to giving notice of reasonable length.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that no report has been received from the Government. It must, therefore, repeat its previous observation on the following matters:

1. Penal sanctions for illegal exaction of forced labour. Referring to its previous comments the Committee recalls that under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence with penalties which should be really adequate and strictly enforced. The Committee trusts that the necessary legislation will be enacted. 2. Local public works. In previous observations, the Committee noted that, notwithstanding the repeal in 1962 of provisions for the exaction of forced labour for public works contained in the Revised Laws and Administrative Regulations for Governing the Hinterland, 1949, continued use had been made of such powers for carrying out local development works through self-help projects. The Committee noted that according to the annual report of the Ministry of Local Government, Rural Development and Urban Reconstruction for 1981, 75 per cent of rural development projects visited during a nationwide inspection tour were funded through self-help and it requested the Government to provide a copy of the report on the inspection tour and any similar report. The Committee hopes that the legislative provisions to be adopted with a view to giving effect to the requirements of Article 25 of the Convention will ensure that any exaction of labour in connection with local development works can be the subject of effective penalties. 3. Enforcement of the prohibition of forced or compulsory labour. In previous observations, the Committee pointed out that, under Articles 24 and 25 of the Convention, the Government was under an obligation to ensure the strict observance of the prohibition of forced or compulsory labour. It stressed the importance, in this connection, of measures to ensure adequate labour inspection, particularly in non-concessionary agricultural undertakings and in relation to Chiefs. The Committee hopes the next report will contain further information in this respect.

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

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous comments the Committee noted the Government's indication that there is no legislation governing resignation by civil servants but that in practice the Government permits them to freely leave the civil service on their own initiative, and that with regard to the various categories of career members of the armed forces of Liberia, resignation is possible after five, 15 or 25 years respectively for enlisted men, officers or generals.

The Committee again requests the Government to send copies of the provisions governing engagement in and resignation from the armed forces as well as of the Civil Service Act and the Standing Orders of the Civil Service, and information on any measures taken or contemplated to enable officers and generals in peacetime to leave the service in the armed forces before the expiration of 15 or 25 years respectively, subject to giving notice of reasonable length.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous comments the Committee noted the Government's indication that there is no legislation governing resignation by civil servants but that in practice the Government permits them to freely leave the civil service on their own initiative, and that with regard to the various categories of career members of the armed forces of Liberia, resignation is possible after five, 15 or 25 years respectively for enlisted men, officers or generals.

The Committee again requests the Government to send copies of the provisions governing engagement in and resignation from the armed forces as well as of the Civil Service Act and the Standing Orders of the Civil Service, and information on any measures taken or contemplated to enable officers and generals in peacetime to leave the service in the armed forces before the expiration of 15 or 25 years respectively, subject to giving notice of reasonable length.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that no report has been received from the Government. It must, therefore, repeat its previous observation on the following matters:

1. Penal sanctions for illegal exaction of forced labour. Referring to its previous comments the Committee recalls that under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence with penalties which should be really adequate and strictly enforced. The Committee trusts that the necessary legislation will be enacted. 2. Local public works. In previous observations, the Committee noted that, notwithstanding the repeal in 1962 of provisions for the exaction of forced labour for public works contained in the Revised Laws and Administrative Regulations for Governing the Hinterland, 1949, continued use had been made of such powers for carrying out local development works through self-help projects. The Committee noted that according to the annual report of the Ministry of Local Government, Rural Development and Urban Reconstruction for 1981, 75 per cent of rural development projects visited during a nationwide inspection tour were funded through self-help and it requested the Government to provide a copy of the report on the inspection tour and any similar report. The Committee hopes that the legislative provisions to be adopted with a view to giving effect to the requirements of Article 25 of the Convention will ensure that any exaction of labour in connection with local development works can be the subject of effective penalties. 3. Enforcement of the prohibition of forced or compulsory labour. In previous observations, the Committee pointed out that, under Articles 24 and 25 of the Convention, the Government was under an obligation to ensure the strict observance of the prohibition of forced or compulsory labour. It stressed the importance, in this connection, of measures to ensure adequate labour inspection, particularly in non-concessionary agricultural undertakings and in relation to Chiefs. The Committee hopes the next report will contain further information in this respect.

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

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that no report has been received from the Government. It must, therefore, repeat its previous observation on the following matters:

1. Penal sanctions for illegal exaction of forced labour. Referring to its previous comments the Committee recalls that under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence with penalties which should be really adequate and strictly enforced. The Committee trusts that the necessary legislation will be enacted. 2. Local public works. In previous observations, the Committee noted that, notwithstanding the repeal in 1962 of provisions for the exaction of forced labour for public works contained in the Revised Laws and Administrative Regulations for Governing the Hinterland, 1949, continued use had been made of such powers for carrying out local development works through self-help projects. The Committee noted that according to the annual report of the Ministry of Local Government, Rural Development and Urban Reconstruction for 1981, 75 per cent of rural development projects visited during a nationwide inspection tour were funded through self-help and it requested the Government to provide a copy of the report on the inspection tour and any similar report. The Committee hopes that the legislative provisions to be adopted with a view to giving effect to the requirements of Article 25 of the Convention will ensure that any exaction of labour in connection with local development works can be the subject of effective penalties. 3. Enforcement of the prohibition of forced or compulsory labour. In previous observations, the Committee pointed out that, under Articles 24 and 25 of the Convention, the Government was under an obligation to ensure the strict observance of the prohibition of forced or compulsory labour. It stressed the importance, in this connection, of measures to ensure adequate labour inspection, particularly in non-concessionary agricultural undertakings and in relation to Chiefs. The Committee hopes the next report will contain further information in this respect.

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

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous comments the Committee noted the Government's indication that there is no legislation governing resignation by civil servants but that in practice the Government permits them to freely leave the civil service on their own initiative, and that with regard to the various categories of career members of the armed forces of Liberia, resignation is possible after five, 15 or 25 years respectively for enlisted men, officers or generals.

The Committee again requests the Government to send copies of the provisions governing engagement in and resignation from the armed forces as well as of the Civil Service Act and the Standing Orders of the Civil Service, and information on any measures taken or contemplated to enable officers and generals in peacetime to leave the service in the armed forces before the expiration of 15 or 25 years respectively, subject to giving notice of reasonable length.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its general observation, the Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. Penal sanctions for illegal exaction of forced labour. Referring to its previous comments the Committee recalls that under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence with penalties which should be really adequate and strictly enforced. The Committee trusts that the necessary legislation will be enacted. 2. Local public works. In previous observations, the Committee noted that, notwithstanding the repeal in 1962 of provisions for the exaction of forced labour for public works contained in the Revised Laws and Administrative Regulations for Governing the Hinterland, 1949, continued use had been made of such powers for carrying out local development works through self-help projects. The Committee noted that according to the annual report of the Ministry of Local Government, Rural Development and Urban Reconstruction for 1981, 75 per cent of rural development projects visited during a nationwide inspection tour were funded through self-help and it requested the Government to provide a copy of the report on the inspection tour and any similar report. The Committee hopes that the legislative provisions to be adopted with a view to giving effect to the requirements of Article 25 of the Convention will ensure that any exaction of labour in connection with local development works can be the subject of effective penalties. 3. Enforcement of the prohibition of forced or compulsory labour. In previous observations, the Committee pointed out that, under Articles 24 and 25 of the Convention, the Government was under an obligation to ensure the strict observance of the prohibition of forced or compulsory labour. It stressed the importance, in this connection, of measures to ensure adequate labour inspection, particularly in non-concessionary agricultural undertakings and in relation to Chiefs. The Committee hopes the next report will contain further information in this respect.

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

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its observation, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous comments the Committee noted the Government's indication that there is no legislation governing resignation by civil servants but that in practice the Government permits them to freely leave the civil service on their own initiative, and that with regard to the various categories of career members of the armed forces of Liberia, resignation is possible after five, 15 or 25 years respectively for enlisted men, officers or generals.

The Committee again requests the Government to send copies of the provisions governing engagement in and resignation from the armed forces as well as of the Civil Service Act and the Standing Orders of the Civil Service, and information on any measures taken or contemplated to enable officers and generals in peacetime to leave the service in the armed forces before the expiration of 15 or 25 years respectively, subject to giving notice of reasonable length.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its general observation, the Committee notes with regret that no report has been received from the Government. It must therefore repeaat its previous observation on the following matters:

1. Penal sanctions for illegal exaction of forced labour. Referring to its previous comments the Committee recalls that under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence with penalties which should be really adequate and strictly enforced. The Committee trusts that the necessary legislation will be enacted. 2. Local public works. In previous observations, the Committee noted that, notwithstanding the repeal in 1962 of provisions for the exaction of forced labour for public works contained in the Revised Laws and Administrative Regulations for Governing the Hinterland, 1949, continued use had been made of such powers for carrying out local development works through self-help projects. The Committee noted that according to the annual report of the Ministry of Local Government, Rural Development and Urban Reconstruction for 1981, 75 per cent of rural development projects visited during a nationwide inspection tour were funded through self-help and it requested the Government to provide a copy of the report on the inspection tour and any similar report. The Committee hopes that the legislative provisions to be adopted with a view to giving effect to the requirements of Article 25 of the Convention will ensure that any exaction of labour in connection with local development works can be the subject of effective penalties. 3. Enforcement of the prohibition of forced or compulsory labour. In previous observations, the Committee pointed out that, under Articles 24 and 25 of the Convention, the Government was under an obligation to ensure the strict observance of the prohibition of forced or compulsory labour. It stressed the importance, in this connection, of measures to ensure adequate labour inspection, particularly in non-concessionary agricultural undertakings and in relation to Chiefs.

The Committee hopes the next report will contain further information in this respect.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee noted that the report of the Government for the period 30 June 1988 to 30 June 1989 contains no reply to its previous request on the following matter:

In its previous comments the Committee noted the Government's indication that there is no legislation governing resignation by civil servants but that in practice the Government permits them to freely leave the civil service on their own initiative, and that with regard to the various categories of career members of the armed forces of Liberia, resignation is possible after five, 15 or 25 years respectively for enlisted men, officers or generals.

The Committee again requests the Government to send copies of the provisions governing engagement in and resignation from the armed forces as well as of the Civil Service Act and the Standing Orders of the Civil Service, and information on any measures taken or contemplated to enable officers and generals in peacetime to leave the service in the armed forces before the expiration of 15 or 25 years respectively, subject to giving notice of reasonable length.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

The Committee noted the Government's reference in its report to proposed legislation which is to apply the provisions of the Convention and which includes the Labour Law and Decree of the People's Redemption Council of the Armed Forces implementing Convention No. 29 concerning forced or compulsory labour. In the absence of further information on measures taken to ensure the observance of the Convention, the Committee hopes that action will soon be taken on the following points: 1. Penal sanctions for illegal exaction of forced labour. The Committee noted the Government's statement that the draft revised Labour Code has passed the House of Representatives of the national legislature and that the draft provides for penal sanctions in case of illegal exaction of forced or compulsory labour. Referring to its previous comments the Committee recalls that under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence with penalties which should be really adequate and strictly enforced. The Committee trusts that the necessary legislation will be enacted at an early date and that it will provide for adequate sanctions. 2. Local public works. In previous observations, the Committee noted that, notwithstanding the repeal in 1962 of provisions for the exaction of forced labour for public works contained in the Revised Laws and Administrative Regulations for Governing the Hinterland, 1949, continued use had been made of such powers for carrying out local development works through self-help projects. The Committee noted that according to the annual report of the Ministry of Local Government, Rural Development and Urban Reconstruction for 1981, 75 per cent of rural development projects visited during a nation-wide inspection tour were funded through self-help and it requested the Government to provide a copy of the report on the inspection tour and any similar report. The Committee noted that no such report had been forwarded. The Committee again requests the Government to provide a copy of the report on the inspection tour and of any other relevant report, including the aforementioned report on self-help projects, as well as information on measures taken to eliminate the exaction of labour in connection with public works. The Committee hopes that the legislative provisions to be adopted with a view to giving effect to the requirements of Article 25 of the Convention will ensure that any exaction of labour in connection with local development works can be the subject of effective penalties. 3. Enforcement of the prohibition of forced or compulsory labour. In previous observations, the Committee pointed out that, under Articles 24 and 25 of the Convention, the Government was under an obligation to ensure the strict observance of the prohibition of forced or compulsory labour. It stressed the importance, in this connection, of measures to ensure adequate labour inspection, particularly in non-concessionary agricultural undertakings and in relation to Chiefs. The Committee noted that, according to the last available annual report of the Ministry of Labour (for 1983), inspection visits were made exclusively to industrial undertakings and commercial establishments and it emphasised the importance for the observance of the Convention of adequate inspection arrangements in the agricultural sector. The Committee noted the Government's statement in the Conference Committee that Labour Inspectorates exist in all the counties and that labour inspections are carried out in the entire agricultural sector periodically. It also noted that by Act of 20 October 1986 Labour Courts have been established in all the counties. The Committee requests the Government to provide a copy of the reports on the labour inspections carried out in the agricultural sector and on any measures taken or envisaged to ensure that those inspections are adequate and effective.

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

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted that the report of the Government for the period 30 June 1988 to 30 June 1989 contains no reply to its previous request on the following matter.

In its previous comments the Committee noted the Government's indication that there is no legislation governing resignation by civil servants but that in practice the Government permits them to freely leave the civil service on their own initiative, and that with regard to the various categories of career members of the armed forces of Liberia, resignation is possible after five, 15 or 25 years respectively for enlisted men, officers or generals.

The Committee again requests the Government to send copies of the provisions governing engagement in and resignation from the armed forces as well as of the Civil Service Act and the Standing Orders of the Civil Service, and information on any measures taken or contemplated to enable officers and generals in peacetime to leave the service in the armed forces before the expiration of 15 or 25 years respectively, subject to giving notice of reasonable length.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

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

The Committee noted the Government's reference in its report to proposed legislation which is to apply the provisions of the Convention and which includes the Labour Law and Decree of the People's Redemption Council of the Armed Forces implementing Convention No. 29 concerning forced or compulsory labour. In the absence of further information on measures taken to ensure the observance of the Convention, the Committee hopes that action will soon be taken on the following points: 1. Penal sanctions for illegal exaction of forced labour. The Committee noted the Government's statement that the draft revised Labour Code has passed the House of Representatives of the national legislature and that the draft provides for penal sanctions in case of illegal exaction of forced or compulsory labour. Referring to its previous comments the Committee recalls that under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence with penalties which should be really adequate and strictly enforced. The Committee trusts that the necessary legislation will be enacted at an early date and that it will provide for adequate sanctions. 2. Local public works. In previous observations, the Committee noted that, notwithstanding the repeal in 1962 of provisions for the exaction of forced labour for public works contained in the Revised Laws and Administrative Regulations for Governing the Hinterland, 1949, continued use had been made of such powers for carrying out local development works through self-help projects. The Committee noted that according to the annual report of the Ministry of Local Government, Rural Development and Urban Reconstruction for 1981, 75 per cent of rural development projects visited during a nation-wide inspection tour were funded through self-help and it requested the Government to provide a copy of the report on the inspection tour and any similar report. The Committee noted that no such report had been forwarded. The Committee again requests the Government to provide a copy of the report on the inspection tour and of any other relevant report, including the aforementioned report on self-help projects, as well as information on measures taken to eliminate the exaction of labour in connection with public works. The Committee hopes that the legislative provisions to be adopted with a view to giving effect to the requirements of Article 25 of the Convention will ensure that any exaction of labour in connection with local development works can be the subject of effective penalties. 3. Enforcement of the prohibition of forced or compulsory labour. In previous observations, the Committee pointed out that, under Articles 24 and 25 of the Convention, the Government was under an obligation to ensure the strict observance of the prohibition of forced or compulsory labour. It stressed the importance, in this connection, of measures to ensure adequate labour inspection, particularly in non-concessionary agricultural undertakings and in relation to Chiefs. The Committee noted that, according to the last available annual report of the Ministry of Labour (for 1983), inspection visits were made exclusively to industrial undertakings and commercial establishments and it emphasised the importance for the observance of the Convention of adequate inspection arrangements in the agricultural sector. The Committee noted the Government's statement in the Conference Committee that Labour Inspectorates exist in all the counties and that labour inspections are carried out in the entire agricultural sector periodically. It also noted that by Act of 20 October 1986 Labour Courts have been established in all the counties. The Committee requests the Government to provide a copy of the reports on the labour inspections carried out in the agricultural sector and on any measures taken or envisaged to ensure that those inspections are adequate and effective.

TEXT

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

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the report of the Government for the period 30 June 1988 to 30 June 1989 contains no reply to its previous request on the following matter.

In its previous comments the Committee noted the Government's indication that there is no legislation governing resignation by civil servants but that in practice the Government permits them to freely leave the civil service on their own initiative, and that with regard to the various categories of career members of the armed forces of Liberia, resignation is possible after five, 15 or 25 years respectively for enlisted men, officers or generals.

The Committee again requests the Government to send copies of the provisions governing engagement in and resignation from the armed forces as well as of the Civil Service Act and the Standing Orders of the Civil Service, and information on any measures taken or contemplated to enable officers and generals in peacetime to leave the service in the armed forces before the expiration of 15 or 25 years respectively, subject to giving notice of reasonable length.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's reference in its report to proposed legislation which is to apply the provisions of the Convention and which includes the Labour Law and Decree of the People's Redemption Council of the Armed Forces implementing Convention No. 29 concerning forced or compulsory labour. In the absence of further information on measures taken to ensure the observance of the Convention, the Committee hopes that action will soon be taken on the following points:

1. Penal sanctions for illegal exaction of forced labour. The Committee notes the Government's statement that the draft revised Labour Code has passed the House of Representatives of the national legislature and that the draft provides for penal sanctions in case of illegal exaction of forced or compulsory labour. Referring to its previous comments the Committee recalls that under Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence with penalties which should be really adequate and strictly enforced. The Committee trusts that the necessary legislation will be enacted at an early date and that it will provide for adequate sanctions.

2. Local public works. In previous observations, the Committee noted that, notwithstanding the repeal in 1962 of provisions for the exaction of forced labour for public works contained in the Revised Laws and Administrative Regulations for Governing the Hinterland, 1949, continued use had been made of such powers for carrying out local development works through self-help projects. The Committee noted that according to the annual report of the Ministry of Local Government, Rural Development and Urban Reconstruction for 1981, 75 per cent of rural development projects visited during a nation-wide inspection tour were funded through self-help and it requested the Government to provide a copy of the report on the inspection tour and any similar report.

The Committee notes that no such report has been forwarded. The Committee again requests the Government to provide a copy of the report on the inspection tour and of any other relevant report, including the aforementioned report on self-help projects, as well as information on measures taken to eliminate the exaction of labour in connection with public works.

The Committee hopes that the legislative provisions to be adopted with a view to giving effect to the requirements of Article 25 of the Convention will ensure that any exaction of labour in connection with local development works can be the subject of effective penalties.

3. Enforcement of the prohibition of forced or compulsory labour. In previous observations, the Committee pointed out that, under Articles 24 and 25 of the Convention, the Government was under an obligation to ensure the strict observance of the prohibition of forced or compulsory labour. It stressed the importance, in this connection, of measures to ensure adequate labour inspection, particularly in non-concessionary agricultural undertakings and in relation to Chiefs. The Committee noted that, according to the last available annual report of the Ministry of Labour (for 1983), inspection visits were made exclusively to industrial undertakings and commercial establishments and it emphasised the importance for the observance of the Convention of adequate inspection arrangements in the agricultural sector. The Committee notes the Government's statement in the Conference Committee that Labour Inspectorates exist in all the counties and that labour inspections are carried out in the entire agricultural sector periodically. It also notes that by Act of 20 October 1986 Labour Courts have been established in all the counties.

The Committee requests the Government to provide a copy of the reports on the labour inspections carried out in the agricultural sector and on any measures taken or envisaged to ensure that those inspections are adequate and effective. [The Government is asked to report in detail for the period ending 30 June 1990.]