Abolition of Forced Labour Convention, 1957 (No. 105) - Liberia (Ratification: 1962)

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

Impact of compulsory prison labour on the application of the Convention. In response to the Committee’s reference to prison sentences involving compulsory labour under section 34.14, paragraph 1, of the Criminal Procedure Law, the Government indicates in its report that prisoners have not been sentenced to work as part of their convictions since 2003. The Government also indicates that the Ministry of Justice does not require hard labour in its sentencing pleas. While noting that the Government emphasizes that convictions leading to prison sentences involve imprisonment and not an obligation to work, the Committee observes that the law provides for the imposition of work on persons serving a prison sentence as section 34.14 referred to above states that “all prisoners under sentence shall be required to work subject to their physical and mental fitness”.

The Committee stresses that prison sentences involving compulsory labour fall within the scope of Article 1 of the Convention when imposed on persons convicted for expressing certain political opinions, or views opposed to the established political, social or economic system, for participating in a strike or as a means of labour discipline. The Committee therefore requests the Government to indicate whether in practice, prison labour is voluntary for persons sentenced to imprisonment, and if so, to consider amending section 34.14, paragraph 1, of the Criminal Procedure Law to clearly reflect the voluntary nature of prison work and the indicated practice.

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. In its previous comments, the Committee requested the Government to amend: (i) section 347(1) and (2) of the Maritime Law, under which local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country; and (ii) section 348 of the Maritime Law, which provides for a penalty of imprisonment (which may involve an obligation to work) for labour discipline offences committed by seafarers, such as incitement to neglect duty and assembling with others in a tumultuous manner.

The Committee notes with regret that, despite the Government’s previous indication that the Liberian Maritime Law and Regulations would be amended, the 2018 amendment to the Maritime Law did not alter the above-mentioned provisions. The Committee notes the Government’s reference to the Maritime Regulations, which do not contain provisions relating to labour discipline.

The Committee recalls that measures to ensure the due performance by a worker of his or her service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline. The Committee thus once again requests the Government to amend section 347(1) and (2) and section 348 of the Maritime Law, so as to ensure that breaches of labour discipline, such as desertion or disobedience, which do not endanger the ship or the life or health of persons on board, are not punished with sanctions that involve compulsory labour. The Committee requests the Government to provide information on the progress made in this respect.

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

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee requested the Government to indicate whether section 52(1)(b) of the Penal Law on sedition, which could punish certain forms of criticism of the Government with imprisonment (which may involve an obligation to work pursuant to section 34.14(1) of the Criminal Procedure Law), was still in force. The Committee notes the Penal Law of 1978, transmitted by the Government, which contains new provisions criminalizing sedition as well as criminal libel against the President with penalties of imprisonment (sections 11.11 and 11.12). The Committee notes with satisfaction that sections 11.11 and 11.12 have been repealed by the amendment to the Penal Law published on 26 February 2019, known as the Kamara Abdullah Kamara Act of Press Freedom.

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

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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expression political views. In its earlier comments, the Committee observed that prison sentences (involving an obligation to work by virtue of Chapter 34, section 34-14, paragraph 1, of the Criminal Procedure Law) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law, punishing certain forms of criticism of the Government.

The Committee notes the enactment of the Decent Work Act, which came into force on 1 March 2016 and contains provisions on the freedom from forced or compulsory labour. However, the Committee notes that the Government does not refer to section 52(1)(b) of the Penal Law in its reply, but to other provisions, indicating that section 12, Chapter 3, of the Liberian Constitution prohibits forced labour, and that section 216 of the Elections Laws (punishing participation in activities that seek to continue or revive certain political parties) has been repealed. While noting the above indication, the Committee again requests the Government to indicate whether section 52(1)(b) of the Penal Law is still in force and, if so, to indicate the measures taken with a view to repealing this provision and ensuring observance of the Convention.

Article 1(c). Disciplinary measures applicable to seafarers. In its earlier comments, the Committee noted that, under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country.

The Committee recalled that measures to ensure the due performance by a worker of his or her service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention (paragraph 171 of the 2007 General Survey on the eradication of forced labour).

The Committee notes the Government’s indication in its report that the Liberia Maritime Authority is engaged in an ongoing process of implementing the Maritime Labour Convention, 2006 (MLC, 2006), which will lead to amending the Liberia Maritime Law and regulations. Noting this indication, the Committee hopes that the necessary measures will soon be taken with a view to amending section 347(1) and (2) of the Maritime Law. It requests the Government to communicate a copy of the amended text with its next report.

The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty and assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee referred to paragraph 179 of its 2007 General Survey on the eradication of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline, such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention. Observing the absence of information on this point, the Committee hopes that in the context of implementing the MLC, 2006, as mentioned above by the Government, it will make every effort to amend section 348 of the Maritime Law so that only acts endangering the safety of the vessel or the life or health of persons on board are punishable by sentences of imprisonment, thereby ensuring compliance with the Convention on this point.

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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expression political views. In its earlier comments, the Committee observed that prison sentences (involving an obligation to work by virtue of Chapter 34, section 34-14, paragraph 1, of the Criminal Procedure Law) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law, punishing certain forms of criticism of the Government.

The Committee notes the enactment of the Decent Work Act, which came into force on 1 March 2016 and contains provisions on the freedom from forced or compulsory labour. However, the Committee notes that the Government does not refer to section 52(1)(b) of the Penal Law in its reply, but to other provisions, indicating that section 12, Chapter 3, of the Liberian Constitution prohibits forced labour, and that section 216 of the Elections Laws (punishing participation in activities that seek to continue or revive certain political parties) has been repealed. While noting the above indication, the Committee again requests the Government to indicate whether section 52(1)(b) of the Penal Law is still in force and, if so, to indicate the measures taken with a view to repealing this provision and ensuring observance of the Convention.

Article 1(c). Disciplinary measures applicable to seafarers. In its earlier comments, the Committee noted that, under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country.

The Committee recalled that measures to ensure the due performance by a worker of his or her service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention (paragraph 171 of the 2007 General Survey on the eradication of forced labour).

The Committee notes the Government’s indication in its report that the Liberia Maritime Authority is engaged in an ongoing process of implementing the Maritime Labour Convention, 2006 (MLC, 2006), which will lead to amending the Liberia Maritime Law and regulations. Noting this indication, the Committee hopes that the necessary measures will soon be taken with a view to amending section 347(1) and (2) of the Maritime Law. It requests the Government to communicate a copy of the amended text with its next report.

The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty and assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee referred to paragraph 179 of its 2007 General Survey on the eradication of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline, such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention. Observing the absence of information on this point, the Committee hopes that in the context of implementing the MLC, 2006, as mentioned above by the Government, it will make every effort to amend section 348 of the Maritime Law so that only acts endangering the safety of the vessel or the life or health of persons on board are punishable by sentences of imprisonment, thereby ensuring compliance with the Convention on this point.

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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expression political views. In its earlier comments, the Committee observed that prison sentences (involving an obligation to work by virtue of Chapter 34, section 34-14, paragraph 1, of the Criminal Procedure Law) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law, punishing certain forms of criticism of the Government.

The Committee notes the enactment of the Decent Work Act, which came into force on 1 March 2016 and contains provisions on the freedom from forced or compulsory labour. However, the Committee notes that the Government does not refer to section 52(1)(b) of the Penal Law in its reply, but to other provisions, indicating that section 12, Chapter 3, of the Liberian Constitution prohibits forced labour, and that section 216 of the Elections Laws (punishing participation in activities that seek to continue or revive certain political parties) has been repealed. While noting the above indication, the Committee again requests the Government to indicate whether section 52(1)(b) of the Penal Law is still in force and, if so, to indicate the measures taken with a view to repealing this provision and ensuring observance of the Convention.

Article 1(c). Disciplinary measures applicable to seafarers. In its earlier comments, the Committee noted that, under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country.

The Committee recalled that measures to ensure the due performance by a worker of his or her service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention (paragraph 171 of the 2007 General Survey on the eradication of forced labour).

The Committee notes the Government’s indication in its report that the Liberia Maritime Authority is engaged in an ongoing process of implementing the Maritime Labour Convention, 2006 (MLC, 2006), which will lead to amending the Liberia Maritime Law and regulations. Noting this indication, the Committee hopes that the necessary measures will soon be taken with a view to amending section 347(1) and (2) of the Maritime Law. It requests the Government to communicate a copy of the amended text with its next report.

The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty and assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee referred to paragraph 179 of its 2007 General Survey on the eradication of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline, such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention. Observing the absence of information on this point, the Committee hopes that in the context of implementing the MLC, 2006, as mentioned above by the Government, it will make every effort to amend section 348 of the Maritime Law so that only acts endangering the safety of the vessel or the life or health of persons on board are punishable by sentences of imprisonment, thereby ensuring compliance with the Convention on this point.

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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expression political views. In its earlier comments, the Committee observed that prison sentences (involving an obligation to work by virtue of Chapter 34, section 34-14, paragraph 1, of the Criminal Procedure Law) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law, punishing certain forms of criticism of the Government.

The Committee notes the enactment of the Decent Work Act, which came into force on 1 March 2016 and contains provisions on the freedom from forced or compulsory labour. However, the Committee notes that the Government does not refer to section 52(1)(b) of the Penal Law in its reply, but to other provisions, indicating that section 12, Chapter 3, of the Liberian Constitution prohibits forced labour, and that section 216 of the Elections Laws (punishing participation in activities that seek to continue or revive certain political parties) has been repealed.  While noting the above indication, the Committee again requests the Government to indicate whether section 52(1)(b) of the Penal Law is still in force and, if so, to indicate the measures taken with a view to repealing this provision and ensuring observance of the Convention.

Article 1(c). Disciplinary measures applicable to seafarers. In its earlier comments, the Committee noted that, under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country.

The Committee recalled that measures to ensure the due performance by a worker of his or her service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention (paragraph 171 of the 2007 General Survey on the eradication of forced labour).

The Committee notes the Government’s indication in its report that the Liberia Maritime Authority is engaged in an ongoing process of implementing the Maritime Labour Convention, 2006 (MLC, 2006), which will lead to amending the Liberia Maritime Law and regulations.  Noting this indication, the Committee hopes that the necessary measures will soon be taken with a view to amending section 347(1) and (2) of the Maritime Law. It requests the Government to communicate a copy of the amended text with its next report.

The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty and assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee referred to paragraph 179 of its 2007 General Survey on the eradication of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline, such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention. Observing the absence of information on this point, the Committee hopes that in the context of implementing the MLC, 2006, as mentioned above by the Government, it will make every effort to amend section 348 of the Maritime Law so that only acts endangering the safety of the vessel or the life or health of persons on board are punishable by sentences of imprisonment, thereby ensuring compliance with the Convention on this point.

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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing political views. In its earlier comments, the Committee observed that prison sentences (involving an obligation to work by virtue of Chapter 34, section 34-14, paragraph 1, of the Criminal Procedure Law) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law, punishing certain forms of criticism of the Government.

The Committee notes that the Government does not refer to section 52(1)(b) of the Penal Law in its reply, but to other provisions, indicating that section 12, Chapter 3, of the Liberian Constitution prohibits forced labour, Chapter 2 of the proposed Decent Work Bill protects workers against forced labour, and that section 216 of the Elections Laws (punishing participation in activities that seek to continue or revive certain political parties) has been repealed. While noting the above indication, the Committee again requests the Government to indicate whether section 52(1)(b) of the Penal Law is still in force and, if so, to indicate the measures taken with a view to repealing this provision and ensuring observance of the Convention.

Article 1(c). Disciplinary measures applicable to seafarers. In its earlier comments, the Committee noted that, under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country.

The Committee recalled that measures to ensure the due performance by a worker of his service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention (paragraph 171 of the 2007 General Survey on the eradication of forced labour).

The Committee notes the Government’s indication in its report that the Liberia Maritime Authority is engaged in an on-going process of implementing the Maritime Labour Convention, 2006 (MLC, 2006), which will lead to amending the Liberia Maritime Law and regulations. Noting this indication, the Committee hopes that the necessary measures will soon be taken with a view to amending section 347(1) and (2) of the Maritime Law. It requests the Government to communicate a copy of the amended text with its next report.

The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee referred to paragraph 179 of its 2007 General Survey on the eradication of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline, such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention.

Observing the absence of information on this point, the Committee hopes that in the context of implementing the MLC, 2006, as mentioned above by the Government, it will make every effort to amend section 348 of the Maritime Law so that only acts endangering the safety of the vessel or the life or health of persons on board are punishable by sentences of imprisonment, thereby ensuring compliance with the Convention on this point.

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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing political views. In its earlier comments, the Committee observed that prison sentences (involving an obligation to work by virtue of Chapter 34, section 34-14, paragraph 1, of the Criminal Procedure Law) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law, punishing certain forms of criticism of the Government.

The Committee notes that the Government does not refer to section 52(1)(b) of the Penal Law in its reply, but to other provisions, indicating that section 12, Chapter 3, of the Liberian Constitution prohibits forced labour, Chapter 2 of the proposed Decent Work Bill protects workers against forced labour, and that section 216 of the Elections Laws (punishing participation in activities that seek to continue or revive certain political parties) has been repealed. While noting the above indication, the Committee again requests the Government to indicate whether section 52(1)(b) of the Penal Law is still in force and, if so, to indicate the measures taken with a view to repealing this provision and ensuring observance of the Convention.

Article 1(c). Disciplinary measures applicable to seafarers. In its earlier comments, the Committee noted that, under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country.

The Committee recalled that measures to ensure the due performance by a worker of his service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention (paragraph 171 of the 2007 General Survey on the eradication of forced labour).

The Committee notes the Government’s indication in its report that the Liberia Maritime Authority is engaged in an on-going process of implementing the Maritime Labour Convention, 2006 (MLC, 2006), which will lead to amending the Liberia Maritime Law and regulations. Noting this indication, the Committee hopes that the necessary measures will soon be taken with a view to amending section 347(1) and (2) of the Maritime Law. It requests the Government to communicate a copy of the amended text with its next report.

The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee referred to paragraph 179 of its 2007 General Survey on the eradication of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline, such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention.

Observing the absence of information on this point, the Committee hopes that in the context of implementing the MLC,2006, as mentioned above by the Government, it will make every effort to amend section 348 of the Maritime Law so that only acts endangering the safety of the vessel or the life or health of persons on board are punishable by sentences of imprisonment, thereby ensuring compliance with the Convention on this point.

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

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:

Repetition

Supply of legislation. The Committee notes the Government’s indication that decrees of the People’s Redemption Council adopted before its dissolution in July 1984, to which the Committee referred in its earlier comments and which contained provisions prohibiting certain political parties, have been repealed. The Committee requests the Government to communicate copies of the repealing texts, as well as copies of the legislation in force governing political parties.

In its earlier comments, the Committee referred to Decree No. 12 of 30 June 1980 prohibiting strikes. It has noted the Government’s indication in its report on the application of Convention No. 87, likewise ratified by Liberia, that the abovementioned Decree had been repealed. The Committee requests the Government to provide a copy of the repealing text with its next report.

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

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

Repetition

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing political views. In its earlier comments, the Committee observed that prison sentences (involving an obligation to work by virtue of Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law, punishing certain forms of criticism of the Government. The Committee again requests the Government to indicate whether section 52(1)(b) of the Penal Law is still in force and, if so, to indicate the measures taken with a view to ensuring observance of the Convention.

Article 1(c). Disciplinary measures applicable to seafarers. In its earlier comments, the Committee noted that, under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. Referring to paragraph 171 of its 2007 General Survey on the eradication of forced labour, the Committee pointed out that measures to ensure the due performance by a worker of his service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention.

The Committee notes the Government’s indication in its report that section 347 has not been repealed, but due consideration is being given to this section. The Committee trusts that section 347(1) and (2) of the Maritime Law will soon be repealed and that the Government will supply, in its next report, information on the measures taken to this end.

The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee referred to paragraph 179 of its 2007 General Survey on the eradication of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline, such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention.

The Committee notes the Government’s indication in its report that section 348 has not been repealed, but due consideration is being given to this section. The Committee therefore expresses the firm hope that measures will soon be taken to bring section 348 of the Maritime Law into conformity with the Convention, and that the Government will provide information on the action taken to this end.

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)

Supply of legislation. The Committee notes the Government’s indication in the report that decrees of the People’s Redemption Council adopted before its dissolution in July 1984, to which the Committee referred in its earlier comments and which contained provisions prohibiting certain political parties, have been repealed. The Committee requests the Government to communicate copies of the repealing texts, as well as copies of the legislation in force governing political parties.

In its earlier comments, the Committee referred to Decree No. 12 of 30 June 1980 prohibiting strikes. It has noted the Government’s indication in its report on the application of Convention No. 87, likewise ratified by Liberia, that the abovementioned Decree had been repealed. The Committee requests the Government to provide a copy of the repealing text with its next report.

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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing political views. Referring to its earlier comments, the Committee notes with satisfaction that the Electoral Reform Law of 2004, which amended certain provisions of the Elections Law, 1986, has repealed provisions punishing the participation in certain activities related to political parties (such as, e.g., activities that seek to continue or revive certain political parties) with penalties of imprisonment involving compulsory prison labour.

In its earlier comments, the Committee observed that prison sentences (involving an obligation to work by virtue of Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law, punishing certain forms of criticism of the Government. The Committee again requests the Government to indicate whether section 52(1)(b) of the Penal Law is still in force and, if so, to indicate the measures taken with a view to ensuring observance of the Convention.

Article 1(c). Disciplinary measures applicable to seafarers. In its earlier comments, the Committee noted that, under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. Referring to paragraph 171 of its 2007 General Survey on the eradication of forced labour, the Committee pointed out that measures to ensure the due performance by a worker of his service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention.

The Committee notes the Government’s indication in its report that section 347 has not been repealed, but due consideration is being given to this section. The Committee trusts that section 347(1) and (2) of the Maritime Law will soon be repealed and that the Government will supply, in its next report, information on the measures taken to this end.

The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee referred to paragraph 179 of its 2007 General Survey on the eradication of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline, such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention.

The Committee notes the Government’s indication in its report that section 348 has not been repealed, but due consideration is being given to this section. The Committee therefore expresses the firm hope that measures will soon be taken to bring section 348 of the Maritime Law into conformity with the Convention, and that the Government will provide information on the action taken to this end.

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

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:

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as punishment for expressing political views. In its earlier comments the Committee observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee also requested the Government to provide a copy of Decree No. 88A of 1985 relating to criticism of the Government.

The Committee has noted the Government’s indication in its report that section 216 of the Election Law and Decree No. 88A of 1985 have been repealed. Since the copies of repealing Acts referred to by the Government as annexed to its report have not been received at the ILO, the Committee hopes that copies will soon be forwarded. The Committee also requests the Government to state whether section 52(1)(b) of the Penal Law is still in force and, if so, to indicate the measures taken with a view to ensuring observance of the Convention.

The Committee previously noted that under a Decree adopted by the People’s Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. The Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

Article 1(c). Disciplinary measures applicable to seafarers. In its earlier comments the Committee noted that under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. Referring to paragraph 171 of its 2007 General Survey on the eradication of forced labour, the Committee must point out that measures to ensure the due performance by a worker of his service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention. The Committee hopes that section 347(1) and (2) of the Maritime Law will soon be repealed and that the Government will supply information on the measures taken to this end.

The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee refers to paragraph 179 of its 2007 General Survey on the eradication of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention. The Committee therefore again expresses the hope that measures will be taken to bring section 348 of the Maritime Law into conformity with the Convention, and that the Government will provide information on the action taken to this end.

In its earlier comments the Committee referred to Decree No. 12 of 30 June1980 prohibiting strikes. It notes the Government’s statement in its report that a draft law repealing the abovementioned Decree is now before the competent authority for passing into law. The Committee requests the Government to provide a copy of the repealing law as soon as it is adopted.

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

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation on the following matters:

1. Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as punishment for expressing political views. In its earlier comments the Committee observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee also requested the Government to provide a copy of Decree No. 88A of 1985 relating to criticism of the Government.

The Committee has noted the Government’s indication in its report that section 216 of the Election Law and Decree No. 88A of 1985 have been repealed. Since the copies of repealing Acts referred to by the Government as annexed to its report have not been received at the ILO, the Committee hopes that copies will soon be forwarded. The Committee also requests the Government to state whether section 52(1)(b) of the Penal Law is still in force and, if so, to indicate the measures taken with a view to ensuring observance of the Convention.

The Committee previously noted that under a Decree adopted by the People’s Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. The Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

2. Article 1(c). Disciplinary measures applicable to seafarers. In its earlier comments the Committee noted that under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. Referring to paragraph 171 of its 2007 General Survey on the eradication of forced labour, the Committee must point out that measures to ensure the due performance by a worker of his service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention. The Committee hopes that section 347(1) and (2) of the Maritime Law will soon be repealed and that the Government will supply information on the measures taken to this end.

The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee refers to paragraph 179 of its 2007 General Survey on the eradication of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention. The Committee therefore again expresses the hope that measures will be taken to bring section 348 of the Maritime Law into conformity with the Convention, and that the Government will provide information on the action taken to this end.

In its earlier comments the Committee referred to Decree No. 12 of 30 June 1980 prohibiting strikes. It notes with interest the Government’s statement in its report that a draft law repealing the abovementioned Decree is now before the competent authority for passing into law. The Committee requests the Government to provide a copy of the repealing law as soon as it is adopted.

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

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation on the following matters.

1. Article 1(a) of the Convention. In its earlier comments the Committee observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee also requested the Government to provide a copy of Decree No. 88A of 1985 relating to criticism of the Government.

The Committee has noted the Government’s indication in its report that section 216 of the Election Law and Decree No. 88A of 1985 have been repealed. Since the copies of repealing Acts referred to by the Government as annexed to its report have not been received at the ILO, the Committee hopes that copies will soon be forwarded. The Committee also requests the Government to state whether section 52(1)(b) of the Penal Law is still in force and, if so, to indicate the measures taken with a view to ensuring observance of the Convention.

The Committee previously noted that under a Decree adopted by the People’s Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. The Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

2. Article 1(c). In its earlier comments the Committee noted that under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. Referring to paragraph 110 of its General Survey of 1979 on the abolition of forced labour, the Committee must point out that measures to ensure the due performance by a worker of his service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention. The Committee hopes that section 347(1) and (2) of the Maritime Law will soon be repealed and that the Government will supply information on the measures taken to this end.

The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee referred to paragraphs 117 and 125 of its General Survey of 1979 on the abolition of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention. The Committee therefore again expresses the hope that measures will be taken to bring section 348 of the Maritime Law into conformity with the Convention, and that the Government will provide information on the action taken to this end.

In its earlier comments the Committee referred to Decree No. 12 of 30 June 1980 prohibiting strikes. It notes with interest the Government’s statement in its report that a draft law repealing the abovementioned Decree is now before the competent authority for passing into law. The Committee requests the Government to provide a copy of the repealing law as soon as it is adopted.

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

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 fifth year in succession. It must therefore repeat its previous observation on the following matters:

1. Article 1(a) of the Convention.  In its earlier comments the Committee observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee also requested the Government to provide a copy of Decree No. 88A of 1985 relating to criticism of the Government.

The Committee notes with interest the Government’s indication in its report that section 216 of the Election Law and Decree No. 88A of 1985 have been repealed. Since the copies of repealing Acts referred to by the Government as annexed to its report have not been received at the ILO, the Committee hopes that copies will soon be forwarded. The Committee also requests the Government to state whether section 52(1)(b) of the Penal Law is still in force, and if so, to indicate the measures taken with a view to ensuring observance of the Convention.

The Committee previously noted that under a Decree adopted by the People’s Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. The Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

2. Article 1(c). In its earlier comments the Committee noted that under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. Referring to paragraph 110 of its General Survey of 1979 on the abolition of forced labour, the Committee must point out that measures to ensure the due performance by a worker of his service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention. The Committee hopes that section 347(1) and (2) of the Maritime Law will soon be repealed and that the Government will supply information on the measures taken to this end.

The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee referred to paragraphs 117 and 125 of its General Survey of 1979 on the abolition of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention. The Committee therefore again expresses the hope that measures will be taken to bring section 348 of the Maritime Law into conformity with the Convention, and that the Government will provide information on the action taken to this end.

In its earlier comments the Committee referred to Decree No. 12 of 30 June 1980 prohibiting strikes. It notes with interest the Government’s statement in its report that a draft law repealing the abovementioned Decree is now before the competent authority for passing into law. The Committee requests the Government to provide a copy of the repealing law as soon as it is adopted.

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

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 fourth year in succession. It must therefore repeat its previous observation on the following matters:

Article 1(a) of the Convention. 1. In its earlier comments the Committee observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee also requested the Government to provide a copy of Decree No. 88A of 1985 relating to criticism of the Government.

2. The Committee notes with interest the Government’s indication in its report that section 216 of the Election Law and Decree No. 88A of 1985 have been repealed. Since the copies of repealing Acts referred to by the Government as annexed to its report have not been received at the ILO, the Committee hopes that copies will soon be forwarded. The Committee also requests the Government to state whether section 52(1)(b) of the Penal Law is still in force, and if so, to indicate the measures taken with a view to ensuring observance of the Convention.

3. The Committee previously noted that under a Decree adopted by the People’s Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. The Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

Article 1(c). 4. In its earlier comments the Committee noted that under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. Referring to paragraph 110 of its General Survey of 1979 on the abolition of forced labour, the Committee must point out that measures to ensure the due performance by a worker of his service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention. The Committee hopes that section 347(1) and (2) of the Maritime Law will soon be repealed and that the Government will supply information on the measures taken to this end.

5. The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee referred to paragraphs 117 and 125 of its General Survey of 1979 on the abolition of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention. The Committee therefore again expresses the hope that measures will be taken to bring section 348 of the Maritime Law into conformity with the Convention, and that the Government will provide information on the action taken to this end.

6. In its earlier comments the Committee referred to Decree No. 12 of 30 June 1980 prohibiting strikes. It notes with interest the Government’s statement in its report that a draft law repealing the abovementioned Decree is now before the competent authority for passing into law. The Committee requests the Government to provide a copy of the repealing law as soon as it is adopted.

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

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 third year in succession. It must therefore repeat its previous observation on the following matters.

Article 1(a) of the Convention. 1. In its earlier comments the Committee observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee also requested the Government to provide a copy of Decree No. 88A of 1985 relating to criticism of the Government.

2. The Committee notes with interest the Government’s indication in its report that section 216 of the Election Law and Decree No. 88A of 1985 have been repealed. Since the copies of repealing Acts referred to by the Government as annexed to its report have not been received at the ILO, the Committee hopes that copies will soon be forwarded. The Committee also requests the Government to state whether section 52(1)(b) of the Penal Law is still in force, and if so, to indicate the measures taken with a view to ensuring observance of the Convention.

3. The Committee previously noted that under a Decree adopted by the People’s Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. The Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

Article 1(c). 4. In its earlier comments the Committee noted that under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. Referring to paragraph 110 of its General Survey of 1979 on the abolition of forced labour, the Committee must point out that measures to ensure the due performance by a worker of his service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention. The Committee hopes that section 347(1) and (2) of the Maritime Law will soon be repealed and that the Government will supply information on the measures taken to this end.

5. The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee referred to paragraphs 117 and 125 of its General Survey of 1979 on the abolition of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention. The Committee therefore again expresses the hope that measures will be taken to bring section 348 of the Maritime Law into conformity with the Convention, and that the Government will provide information on the action taken to this end.

6. In its earlier comments the Committee referred to Decree No. 12 of 30 June 1980 prohibiting strikes. It notes with interest the Government’s statement in its report that a draft law repealing the abovementioned Decree is now before the competent authority for passing into law. The Committee requests the Government to provide a copy of the repealing law as soon as it is adopted.

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

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

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:

Article 1(a) of the Convention. 1. In its earlier comments the Committee observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee also requested the Government to provide a copy of Decree No. 88A of 1985 relating to criticism of the Government.

2. The Committee notes with interest the Government’s indication in its report that section 216 of the Election Law and Decree No. 88A of 1985 have been repealed. Since the copies of repealing Acts referred to by the Government as annexed to its report have not been received at the ILO, the Committee hopes that copies will soon be forwarded. The Committee also requests the Government to state whether section 52(1)(b) of the Penal Law is still in force, and if so, to indicate the measures taken with a view to ensuring observance of the Convention.

3. The Committee previously noted that under a Decree adopted by the People’s Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. The Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

Article 1(c). 4. In its earlier comments the Committee noted that under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. Referring to paragraph 110 of its 1979 General Survey on the abolition of forced labour, the Committee must point out that measures to ensure the due performance by a worker of his service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention. The Committee hopes that section 347(1) and (2) of the Maritime Law will soon be repealed and that the Government will supply information on the measures taken to this end.

5. The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee referred to paragraphs 117 and 125 of its 1979 General Survey on the abolition of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention. The Committee therefore again expresses the hope that measures will be taken to bring section 348 of the Maritime Law into conformity with the Convention, and that the Government will provide information on the action taken to this end.

6. In its earlier comments the Committee referred to Decree No. 12 of 30 June 1980 prohibiting strikes. It notes with interest the Government’s statement in its report that a draft law repealing the abovementioned Decree is now before the competent authority for passing into law. The Committee requests the Government to provide a copy of the repealing law as soon as it is adopted.

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

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

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

        Article 1(a) of the Convention. 1. In its earlier comments the Committee observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee also requested the Government to provide a copy of Decree No. 88A of 1985 relating to criticism of the Government.

        2. The Committee notes with interest the Government’s indication in its report that section 216 of the Election Law and Decree No. 88A of 1985 have been repealed. Since the copies of repealing Acts referred to by the Government as annexed to its report have not been received at the ILO, the Committee hopes that copies will soon be forwarded. The Committee also requests the Government to state whether section 52(1)(b) of the Penal Law is still in force, and if so, to indicate the measures taken with a view to ensuring observance of the Convention.

        3. The Committee previously noted that under a Decree adopted by the People’s Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. The Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

        Article 1(c). 4. In its earlier comments the Committee noted that under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. Referring to paragraph 110 of its 1979 General Survey on the abolition of forced labour, the Committee must point out that measures to ensure the due performance by a worker of his service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention. The Committee hopes that section 347(1) and (2) of the Maritime Law will soon be repealed and that the Government will supply information on the measures taken to this end.

        5. The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee referred to paragraphs 117 and 125 of its 1979 General Survey on the abolition of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention. The Committee therefore again expresses the hope that measures will be taken to bring section 348 of the Maritime Law into conformity with the Convention, and that the Government will provide information on the action taken to this end.

        6. In its earlier comments the Committee referred to Decree No. 12 of 30 June 1980 prohibiting strikes. It notes with interest the Government’s statement in its report that a draft law repealing the abovementioned Decree is now before the competent authority for passing into law. The Committee requests the Government to provide a copy of the repealing law as soon as it is adopted.

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

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

The Committee has noted the Government's report received in March 1999.

Article 1(a) of the Convention. 1. In its earlier comments the Committee observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee also requested the Government to provide a copy of Decree No. 88A of 1985 relating to criticism of the Government.

2. The Committee notes with interest the Government's indication in its report that section 216 of the Election Law and Decree No. 88A of 1985 have been repealed. Since the copies of repealing Acts referred to by the Government as annexed to its report have not been received at the ILO, the Committee hopes that copies will soon be forwarded. The Committee also requests the Government to state whether section 52(1)(b) of the Penal Law is still in force, and if so, to indicate the measures taken with a view to ensuring observance of the Convention.

3. The Committee previously noted that under a Decree adopted by the People's Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. The Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

Article 1(c). 4. In its earlier comments the Committee noted that under section 347(1) and (2) of the Maritime Law, local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. Referring to paragraph 110 of its 1979 General Survey on the abolition of forced labour, the Committee must point out that measures to ensure the due performance by a worker of his service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline and are thus incompatible with the Convention. The Committee hopes that section 347(1) and (2) of the Maritime Law will soon be repealed and that the Government will supply information on the measures taken to this end.

5. The Committee also noted that under section 348 of the Maritime Law various other offences against labour discipline by seafarers such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work). The Committee referred to paragraphs 117 and 125 of its 1979 General Survey on the abolition of forced labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention. The Committee therefore again expresses the hope that measures will be taken to bring section 348 of the Maritime Law into conformity with the Convention, and that the Government will provide information on the action taken to this end.

6. In its earlier comments the Committee referred to Decree No. 12 of 30 June 1980 prohibiting strikes. It notes with interest the Government's statement in its report that a draft law repealing the abovementioned Decree is now before the competent authority for passing into law. The Committee requests the Government to provide a copy of the repealing law as soon as it is adopted.

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

The Committee notes with regret that the Government's report has not been received. Referring 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:

1. Article 1(a) of the Convention. In previous comments, the Committee noted that under a Decree adopted by the People's Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. Referring also to articles 77, 79 and 95 of the Constitution, the Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

2. Article 1(c) and (d). The Committee has previously noted that under section 347(1) and (2) of the Maritime Law local authorities shall apprehend and deliver a seaman who deserts from his vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. The Committee also noted that under section 348 various other offences against labour discipline by seamen such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work).

The Committee referred to paragraphs 117 and 125 of its 1979 General Survey on the Abolition of Forced Labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention.

The Committee again requests the Government to provide information on any measures taken or envisaged to bring sections 347 and 348 of the Maritime Law into conformity with the Convention.

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

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. Article 1(a) of the Convention. The Committee noted the entry into force on 6 January 1986 of the new Constitution which guarantees fundamental rights, in particular the right to freedom of expression (article 15), the right to assemble and to associate (article 17), and provides for the free establishment of political parties, subject to their being registered (articles 77 and 79). The Committee noted that under article 95 of the new Constitution any enactment or rule of law in existence immediately before the coming into force of the Constitution, whether derived from the abrogated Constitution or from any other source shall, in so far as it is not inconsistent with any provision of the new Constitution, continue in force as if enacted, issued or made under the authority of the Constitution. The Committee referred to its previous comments in which it observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee requested the Government to state whether the above provisions continue in force and, if so, to indicate the measures taken or contemplated with a view to their repeal. The Committee also requested the Government to provide a copy of the Decree No. 88A of 1985 relating to criticism of the Government. 2. Article 1(c) and (d). In earlier comments the Committee also referred to various provisions of the Maritime Law punishing breaches of labour discipline and of Decree No. 12 of 30 June 1980 prohibiting strikes. In the absence of a reply, the Committee again addressed a direct request on these matters to the Government. 3. In its previous comments concerning Decree No. 12 of 30 June 1980 prohibiting strikes, the Committee noted the Government's statement in its report for 1982-83 that no penalty had been imposed for violation of the Decree and the statement by a Government representative to the Conference Committee in 1984 during the discussion of Convention No. 87 that the ban on strikes was due to be lifted on 26 July 1984. The Committee observed that the Government's report contained no information in this regard. The Committee noted however from the conclusions adopted by the Committee on Freedom of Association concerning Case No. 1219 (in particular the 241st Report of that Committee) that the ban on strikes had not yet been lifted. The Committee requested the Government to provide information on any measures adopted or envisaged in this matter.

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

The Committee notes with regret that the Government's report has not been received.

Referring 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:

1. Article 1(a) of the Convention. In previous comments, the Committee noted that under a Decree adopted by the People's Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. Referring also to articles 77, 79 and 95 of the Constitution, the Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

2. Article 1(c) and (d). The Committee has previously noted that under section 347(1) and (2) of the Maritime Law local authorities shall apprehend and deliver a seaman who deserts from his vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. The Committee also noted that under section 348 various other offences against labour discipline by seamen such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work).

The Committee referred to paragraphs 117 and 125 of its 1979 General Survey on the Abolition of Forced Labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention.

The Committee again requests the Government to provide information on any measures taken or envisaged to bring sections 347 and 348 of the Maritime Law into conformity with the Convention.

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. Article 1(a) of the Convention. The Committee noted the entry into force on 6 January 1986 of the new Constitution which guarantees fundamental rights, in particular the right to freedom of expression (article 15), the right to assemble and to associate (article 17), and provides for the free establishment of political parties, subject to their being registered (articles 77 and 79). The Committee noted that under article 95 of the new Constitution any enactment or rule of law in existence immediately before the coming into force of the Constitution, whether derived from the abrogated Constitution or from any other source shall, in so far as it is not inconsistent with any provision of the new Constitution, continue in force as if enacted, issued or made under the authority of the Constitution. The Committee referred to its previous comments in which it observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee requested the Government to state whether the above provisions continue in force and, if so, to indicate the measures taken or contemplated with a view to their repeal. The Committee also requested the Government to provide a copy of the Decree No. 88A of 1985 relating to criticism of the Government. 2. Article 1(c) and (d). In earlier comments the Committee also referred to various provisions of the Maritime Law punishing breaches of labour discipline and of Decree No. 12 of 30 June 1980 prohibiting strikes. In the absence of a reply, the Committee again addressed a direct request on these matters to the Government. 3. In its previous comments concerning Decree No. 12 of 30 June 1980 prohibiting strikes, the Committee noted the Government's statement in its report for 1982-83 that no penalty had been imposed for violation of the Decree and the statement by a Government representative to the Conference Committee in 1984 during the discussion of Convention No. 87 that the ban on strikes was due to be lifted on 26 July 1984. The Committee observed that the Government's report contained no information in this regard. The Committee noted however from the conclusions adopted by the Committee on Freedom of Association concerning Case No. 1219 (in particular the 241st Report of that Committee) that the ban on strikes had not yet been lifted. The Committee requested the Government to provide information on any measures adopted or envisaged in this matter.

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

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

Referring 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:

1. Article 1(a) of the Convention. In previous comments, the Committee noted that under a Decree adopted by the People's Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. Referring also to articles 77, 79 and 95 of the Constitution, the Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

2. Article 1(c) and (d). The Committee has previously noted that under section 347(1) and (2) of the Maritime Law local authorities shall apprehend and deliver a seaman who deserts from his vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. The Committee also noted that under section 348 various other offences against labour discipline by seamen such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work).

The Committee referred to paragraphs 117 and 125 of its 1979 General Survey on the Abolition of Forced Labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention.

The Committee again requests the Government to provide information on any measures taken or envisaged to bring sections 347 and 348 of the Maritime Law into conformity with the Convention.

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:

Article 1(a) of the Convention. 1. The Committee noted the entry into force on 6 January 1986 of the new Constitution which guarantees fundamental rights, in particular the right to freedom of expression (article 15), the right to assemble and to associate (article 17), and provides for the free establishment of political parties, subject to their being registered (articles 77 and 79). The Committee noted that under article 95 of the new Constitution any enactment or rule of law in existence immediately before the coming into force of the Constitution, whether derived from the abrogated Constitution or from any other source shall, in so far as it is not inconsistent with any provision of the new Constitution, continue in force as if enacted, issued or made under the authority of the Constitution. The Committee referred to its previous comments in which it observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee requested the Government to state whether the above provisions continue in force and, if so, to indicate the measures taken or contemplated with a view to their repeal. The Committee also requested the Government to provide a copy of the Decree No. 88A of 1985 relating to criticism of the Government. Article 1(c) and (d). 2. In earlier comments the Committee also referred to various provisions of the Maritime Law punishing breaches of labour discipline and of Decree No. 12 of 30 June 1980 prohibiting strikes. In the absence of a reply, the Committee again addressed a direct request on these matters to the Government. 3. In its previous comments concerning Decree No. 12 of 30 June 1980 prohibiting strikes, the Committee noted the Government's statement in its report for 1982-83 that no penalty had been imposed for violation of the Decree and the statement by a Government representative to the Conference Committee in 1984 during the discussion of Convention No. 87 that the ban on strikes was due to be lifted on 26 July 1984. The Committee observed that the Government's report contained no information in this regard. The Committee noted however from the conclusions adopted by the Committee on Freedom of Association concerning Case No. 1219 (in particular the 241st Report of that Committee) that the ban on strikes had not yet been lifted. The Committee requested the Government to provide information on any measures adopted or envisaged in this matter.

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

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

Referring 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:

1. Article 1(a) of the Convention. In previous comments, the Committee noted that under a Decree adopted by the People's Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. Referring also to articles 77, 79 and 95 of the Constitution, the Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

2. Article 1(c) and (d). The Committee has previously noted that under section 347(1) and (2) of the Maritime Law local authorities shall apprehend and deliver a seaman who deserts from his vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. The Committee also noted that under section 348 various other offences against labour discipline by seamen such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work).

The Committee referred to paragraphs 117 and 125 of its 1979 General Survey on the Abolition of Forced Labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention.

The Committee again requests the Government to provide information on any measures taken or envisaged to bring sections 347 and 348 of the Maritime Law into conformity with the Convention.

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

Referring 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:

1. Article 1(a) of the Convention. In previous comments, the Committee noted that under a Decree adopted by the People's Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. Referring also to articles 77, 79 and 95 of the Constitution, the Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

2. Article 1(c) and (d). The Committee has previously noted that under section 347(1) and (2) of the Maritime Law local authorities shall apprehend and deliver a seaman who deserts from his vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. The Committee also noted that under section 348 various other offences against labour discipline by seamen such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work).

The Committee referred to paragraphs 117 and 125 of its 1979 General Survey on the Abolition of Forced Labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention.

The Committee again requests the Government to provide information on any measures taken or envisaged to bring sections 347 and 348 of the Maritime Law into conformity with the Convention.

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:

Article 1(a) of the Convention. 1. The Committee noted the entry into force on 6 January 1986 of the new Constitution which guarantees fundamental rights, in particular the right to freedom of expression (article 15), the right to assemble and to associate (article 17), and provides for the free establishment of political parties, subject to their being registered (articles 77 and 79). The Committee noted that under article 95 of the new Constitution any enactment or rule of law in existence immediately before the coming into force of the Constitution, whether derived from the abrogated Constitution or from any other source shall, in so far as it is not inconsistent with any provision of the new Constitution, continue in force as if enacted, issued or made under the authority of the Constitution. The Committee referred to its previous comments in which it observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee requested the Government to state whether the above provisions continue in force and, if so, to indicate the measures taken or contemplated with a view to their repeal. The Committee also requested the Government to provide a copy of the Decree No. 88A of 1985 relating to criticism of the Government. Article 1(c) and (d). 2. In earlier comments the Committee also referred to various provisions of the Maritime Law punishing breaches of labour discipline and of Decree No. 12 of 30 June 1980 prohibiting strikes. In the absence of a reply, the Committee again addressed a direct request on these matters to the Government. 3. In its previous comments concerning Decree No. 12 of 30 June 1980 prohibiting strikes, the Committee noted the Government's statement in its report for 1982-83 that no penalty had been imposed for violation of the Decree and the statement by a Government representative to the Conference Committee in 1984 during the discussion of Convention No. 87 that the ban on strikes was due to be lifted on 26 July 1984. The Committee observed that the Government's report contained no information in this regard. The Committee noted however from the conclusions adopted by the Committee on Freedom of Association concerning Case No. 1219 (in particular the 241st Report of that Committee) that the ban on strikes had not yet been lifted. The Committee requested the Government to provide information on any measures adopted or envisaged in this matter.

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

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:

Article 1(a) of the Convention. 1. The Committee noted the entry into force on 6 January 1986 of the new Constitution which guarantees fundamental rights, in particular the right to freedom of expression (article 15), the right to assemble and to associate (article 17), and provides for the free establishment of political parties, subject to their being registered (articles 77 and 79). The Committee noted that under article 95 of the new Constitution any enactment or rule of law in existence immediately before the coming into force of the Constitution, whether derived from the abrogated Constitution or from any other source shall, in so far as it is not inconsistent with any provision of the new Constitution, continue in force as if enacted, issued or made under the authority of the Constitution. The Committee referred to its previous comments in which it observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee requested the Government to state whether the above provisions continue in force and, if so, to indicate the measures taken or contemplated with a view to their repeal. The Committee also requested the Government to provide a copy of the Decree No. 88A of 1985 relating to criticism of the Government. Article 1(c) and (d) 2. In earlier comments the Committee also referred to various provisions of the Maritime Law punishing breaches of labour discipline and of Decree No. 12 of 30 June 1980 prohibiting strikes. In the absence of a reply, the Committee again addressed a direct request on these matters to the Government. 3. In its previous comments concerning Decree No. 12 of 30 June 1980 prohibiting strikes, the Committee noted the Government's statement in its report for 1982-83 that no penalty had been imposed for violation of the Decree and the statement by a Government representative to the Conference Committee in 1984 during the discussion of Convention No. 87 that the ban on strikes was due to be lifted on 26 July 1984. The Committee observed that the Government's report contained no information in this regard. The Committee noted however from the conclusions adopted by the Committee on Freedom of Association concerning Case No. 1219 (in particular the 241st Report of that Committee) that the ban on strikes had not yet been lifted. The Committee requested the Government to provide information on any measures adopted or envisaged in this matter. The Committee hopes that the Government will make every effort to take the necessary action 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 the following matters raised in its previous direct request:

1. Article 1(a) of the Convention. In previous comments, the Committee noted that under a Decree adopted by the People's Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. Referring also to articles 77, 79 and 95 of the Constitution, the Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

2. Article 1(c) and (d). The Committee has previously noted that under section 347(1) and (2) of the Maritime Law local authorities shall apprehend and deliver a seaman who deserts from his vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. The Committee also noted that under section 348 various other offences against labour discipline by seamen such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work).

The Committee referred to paragraphs 117 and 125 of its 1979 General Survey on the Abolition of Forced Labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention.

The Committee again requests the Government to provide information on any measures taken or envisaged to bring sections 347 and 348 of the Maritime Law into conformity with the Convention.

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:

Article 1(a) of the Convention. 1. The Committee noted the entry into force on 6 January 1986 of the new Constitution which guarantees fundamental rights, in particular the right to freedom of expression (article 15), the right to assemble and to associate (article 17), and provides for the free establishment of political parties, subject to their being registered (articles 77 and 79). The Committee noted that under article 95 of the new Constitution any enactment or rule of law in existence immediately before the coming into force of the Constitution, whether derived from the abrogated Constitution or from any other source shall, in so far as it is not inconsistent with any provision of the new Constitution, continue in force as if enacted, issued or made under the authority of the Constitution. The Committee referred to its previous comments in which it observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee requested the Government to state whether the above provisions continue in force and, if so, to indicate the measures taken or contemplated with a view to their repeal. The Committee also requested the Government to provide a copy of the Decree No. 88A of 1985 relating to criticism of the Government. Article 1(c) and (d). 2. In earlier comments the Committee also referred to various provisions of the Maritime Law punishing breaches of labour discipline and of Decree No. 12 of 30 June 1980 prohibiting strikes. In the absence of a reply, the Committee again addressed a direct request on these matters to the Government. 3. In its previous comments concerning Decree No. 12 of 30 June 1980 prohibiting strikes, the Committee noted the Government's statement in its report for 1982-83 that no penalty had been imposed for violation of the Decree and the statement by a Government representative to the Conference Committee in 1984 during the discussion of Convention No. 87 that the ban on strikes was due to be lifted on 26 July 1984. The Committee observed that the Government's report contained no information in this regard. The Committee noted however from the conclusions adopted by the Committee on Freedom of Association concerning Case No. 1219 (in particular the 241st Report of that Committee) that the ban on strikes had not yet been lifted. The Committee requested the Government to provide information on any measures adopted or envisaged in this matter.

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 matters raised in its previous direct request on the following points:

1. Article 1(a) of the Convention. In previous comments, the Committee noted that under a Decree adopted by the People's Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. Referring also to articles 77, 79 and 95 of the Constitution, the Committee again requested the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

2. Article 1(c) and (d). The Committee has previously noted that under section 347(1) and (2) of the Maritime Law local authorities shall apprehend and deliver a seaman who deserts from his vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. The Committee also noted that under section 348 various other offences against labour discipline by seamen such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work).

The Committee referred to paragraphs 117 and 125 of its 1979 General Survey on the Abolition of Forced Labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention.

The Committee again requests the Government to provide information on any measures taken or envisaged to bring sections 347 and 348 of the Maritime Law into conformity with the Convention.

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

Further to its general observation, the Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

Article 1(a) of the Convention. 1. The Committee noted the entry into force on 6 January 1986 of the new Constitution which guarantees fundamental rights, in particular the right to freedom of expression (article 15), the right to assemble and to associate (article 17), and provides for the free establishment of political parties, subject to their being registered (articles 77 and 79). The Committee noted that under article 95 of the new Constitution any enactment or rule of law in existence immediately before the coming into force of the Constitution, whether derived from the abrogated Constitution or from any other source shall, in so far as it is not inconsistent with any provision of the new Constitution, continue in force as if enacted, issued or made under the authority of the Constitution. The Committee referred to its previous comments in which it observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee requested the Government to state whether the above provisions continue in force and, if so, to indicate the measures taken or contemplated with a view to their repeal. The Committee also requested the Government to provide a copy of the Decree No. 88A of 1985 relating to criticism of the Government. Article 1(c) and (d). 2. In earlier comments the Committee also referred to various provisions of the Maritime Law punishing breaches of labour discipline and of Decree No. 12 of 30 June 1980 prohibiting strikes. In the absence of a reply, the Committee again addressed a direct request on these matters to the Government. 3. In its previous comments concerning Decree No. 12 of 30 June 1980 prohibiting strikes, the Committee noted the Government's statement in its report for 1982-83 that no penalty had been imposed for violation of the Decree and the statement by a Government representative to the Conference Committee in 1984 during the discussion of Convention No. 87 that the ban on strikes was due to be lifted on 26 July 1984. The Committee observed that the Government's report contained no information in this regard. The Committee noted however from the conclusions adopted by the Committee on Freedom of Association concerning Case No. 1219 (in particular the 241st Report of that Committee) that the ban on strikes had not yet been lifted. The Committee requested the Government to provide information on any measures adopted or envisaged in this matter.

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 matters raised in its previous direct request on the following points:

1. Article 1(a) of the Convention. In previous comments, the Committee noted that under a Decree adopted by the People's Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. Referring also to articles 77, 79 and 95 of the Constitution, the Committee again requested the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

2. Article 1(c) and (d). The Committee has previously noted that under section 347(1) and (2) of the Maritime Law local authorities shall apprehend and deliver a seaman who deserts from his vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. The Committee also noted that under section 348 various other offences against labour discipline by seamen such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work).

The Committee referred to paragraphs 117 and 125 of its 1979 General Survey on the Abolition of Forced Labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention.

The Committee again requests the Government to provide information on any measures taken or envisaged to bring sections 347 and 348 of the Maritime Law into conformity with the Convention.

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

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

The Committee noted the Government's statement in its report for the period 30 June 1988 to 30 June 1989 that the Liberian Constitution, Chapter III, article 12, and also article 2.2, paragraph 1 and Chapter 7, article 7.3, paragraph 4 of the proposed new Labour Law as well as section 2(1) of a proposed decree will give effect to the Convention when enacted. In the absence of further information on measures taken to give effect to the Convention on a number of specific points previously raised, the Committee must repeat the substance of its earlier comments and expressed the hope that the necessary action would soon be taken. 1. Article 1(a) of the Convention. The Committee noted the entry into force on 6 January 1986 of the new Constitution which guarantees fundamental rights, in particular the right to freedom of expression (article 15), the right to assemble and to associate (article 17), and provides for the free establishment of political parties, subject to their being registered (articles 77 and 79). The Committee noted that under article 95 of the new Constitution any enactment or rule of law in existence immediately before the coming into force of the Constitution, whether derived from the abrogated Constitution or from any other source shall, in so far as it is not inconsistent with any provision of the new Constitution, continue in force as if enacted, issued or made under the authority of the Constitution. The Committee referred to its previous comments in which it observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee requested the Government to state whether the above provisions continue in force and, if so, to indicate the measures taken or contemplated with a view to their repeal. The Committee also requested the Government to provide a copy of the Decree No. 88A of 1985 relating to criticism of the Government. 2. Article 1(c) and (d). In earlier comments the Committee also referred to various provisions of the Maritime Law punishing breaches of labour discipline and of Decree No. 12 of 30 June 1980 prohibiting strikes. In the absence of a reply, the Committee again addressed a direct request on these matters to the Government. 3. In its previous comments concerning Decree No. 12 of 30 June 1980 prohibiting strikes, the Committee noted the Government's statement in its report for 1982-83 that no penalty had been imposed for violation of the Decree and the statement by a Government representative to the Conference Committee in 1984 during the discussion of Convention No. 87 that the ban on strikes was due to be lifted on 26 July 1984. The Committee observed that the Government's report contained no information in this regard. The Committee noted however from the conclusions adopted by the Committee on Freedom of Association concerning Case No. 1219 (in particular the 241st Report of that Committee) that the ban on strikes had not yet been lifted. The Committee requested the Government to provide information on any measures adopted or envisaged in this matter.

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

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 refers to its observation under the Convention.

1. Article 1(a) of the Convention. In previous comments, the Committee noted that under a Decree adopted by the People's Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. Referring also to articles 77, 79 and 95 of the Constitution, the Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

2. Article 1(c) and (d). The Committee has previously noted that under section 347(1) and (2) of the Maritime Law local authorities shall apprehend and deliver a seaman who deserts from his vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. The Committee also noted that under section 348 various other offences against labour discipline by seamen such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work).

The Committee refers to paragraphs 117 and 125 of its 1979 General Survey on the Abolition of Forced Labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention.

The Committee again requests the Government to provide information on any measures taken or envisaged to bring sections 347 and 348 of the Maritime Law into conformity with the Convention.

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 has noted the Government's statement in its report for the period 30 June 1988 to 30 June 1989 that the Liberian Constitution, Chapter III, article 12, and also article 2.2, paragraph 1 and Chapter 7, article 7.3, paragraph 4 of the proposed new Labour Law as well as section 2(1) of a proposed decree will give effect to the Convention when enacted. In the absence of further information on measures taken to give effect to the Convention on a number of specific points previously raised, the Committee must repeat the substance of its earlier comments and expresses the hope that the necessary action will soon be taken. 1. Article 1(a) of the Convention. The Committee noted the entry into force on 6 January 1986 of the new Constitution which guarantees fundamental rights, in particular the right to freedom of expression (article 15), the right to assemble and to associate (article 17), and provides for the free establishment of political parties, subject to their being registered (articles 77 and 79). The Committee noted that under article 95 of the new Constitution any enactment or rule of law in existence immediately before the coming into force of the Constitution, whether derived from the abrogated Constitution or from any other source shall, in so far as it is not inconsistent with any provision of the new Constitution, continue in force as if enacted, issued or made under the authority of the Constitution. The Committee again refers to its previous comments in which it observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee once more requests the Government to state whether the above provisions continue in force and, if so, to indicate the measures taken or contemplated with a view to their repeal. The Committee also requests the Government to provide a copy of the Decree No. 88A of 1985 relating to criticism of the Government. 2. Article 1(c) and (d). In earlier comments the Committee also referred to various provisions of the Maritime Law punishing breaches of labour discipline and of Decree No. 12 of 30 June 1980 prohibiting strikes. In the absence of a reply, the Committee again addresses a direct request on these matters to the Government. 3. In its previous comments concerning Decree No. 12 of 30 June 1980 prohibiting strikes, the Committee noted the Government's statement in its report for 1982-83 that no penalty had been imposed for violation of the Decree and the statement by a Government representative to the Conference Committee in 1984 during the discussion of Convention No. 87 that the ban on strikes was due to be lifted on 26 July 1984. The Committee observes that the Government's report contains no information in this regard. The Committee notes however from the conclusions adopted by the Committee on Freedom of Association concerning Case No. 1219 (in particular the 241st Report of that Committee) that the ban on strikes has not yet been lifted. The Committee requests the Government to provide information on any measures adopted or envisaged in this matter.

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 refers to its observation under the Convention.

1. Article 1(a) of the Convention. In previous comments, the Committee noted that under a Decree adopted by the People's Redemption Council before its dissolution in July 1984, parties can be forbidden if they are considered to have engaged in activities or expressed objectives which go against the republican form of government or basic Liberian values. Referring also to articles 77, 79 and 95 of the Constitution, the Committee again requests the Government to indicate whether the provisions of this Decree are still in force and, if so, to provide a copy of the text of the Decree.

2. Article 1(c) and (d). The Committee has previously noted that under section 347(1) and (2) of the Maritime Law local authorities shall apprehend and deliver a seaman who deserts from his vessel with the intention of not returning to duty and who remains unlawfully in a foreign country. The Committee also noted that under section 348 various other offences against labour discipline by seamen such as incitement to neglect duty, assembling with others in a tumultuous manner, may be punished with imprisonment of up to five years (involving an obligation to work).

The Committee refers to paragraphs 117 and 125 of its 1979 General Survey on the Abolition of Forced Labour where it pointed out that sanctions relating to acts tending to endanger the ship or the life or health of persons on board do not fall within the scope of the Convention. However, as regards more generally breaches of labour discipline such as desertion, absence without leave or disobedience, all sanctions involving compulsory labour should be abolished under the Convention. In a great number of maritime nations, similar penal provisions have been repealed, restricted in scope to cases involving a danger to the ship or the life or health of persons, or otherwise amended so as to provide for a fine or some other penalty not falling within the scope of the Convention.

The Committee again requests the Government to provide information on any measures taken or envisaged to bring sections 347 and 348 of the Maritime Law into conformity with the Convention.

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

The Committee notes the Government's statement in its report for the period 30 June 1988 to 30 June 1989 that the Liberian Constitution, Chapter III, article 12, and also article 2.2, paragraph 1 and Chapter 7, article 7.3, paragraph 4 of the proposed new Labour Law as well as section 2(1) of a proposed decree will give effect to the Convention when enacted. In the absence of further information on measures taken to give effect to the Convention on a number of specific points previously raised, the Committee must repeat the substance of its earlier comments and expresses the hope that the necessary action will soon be taken.

1. Article 1(a) of the Convention. The Committee noted the entry into force on 6 January 1986 of the new Constitution which guarantees fundamental rights, in particular the right to freedom of expression (article 15), the right to assemble and to associate (article 17), and provides for the free establishment of political parties, subject to their being registered (articles 77 and 79). The Committee noted that under article 95 of the new Constitution any enactment or rule of law in existence immediately before the coming into force of the Constitution, whether derived from the abrogated Constitution or from any other source shall, in so far as it is not inconsistent with any provision of the new Constitution, continue in force as if enacted, issued or made under the authority of the Constitution. The Committee again refers to its previous comments in which it observed that prison sentences (involving, under Chapter 34, section 34-14, paragraph 1, of the Liberian Code of Laws, an obligation to work) might be imposed in circumstances falling within Article 1(a) of the Convention under section 52(1)(b) of the Penal Law (punishing certain forms of criticism of the Government) and section 216 of the Election Law (punishing participation in activities that seek to continue or revive certain political parties). The Committee once more requests the Government to state whether the above provisions continue in force and, if so, to indicate the measures taken or contemplated with a view to their repeal. The Committee also requests the Government to provide a copy of the Decree No. 88A of 1985 relating to criticism of the Government. 2. Article 1(c) and (d). In earlier comments the Committee also referred to various provisions of the Maritime Law punishing breaches of labour discipline and of Decree No. 12 of 30 June 1980 prohibiting strikes. In the absence of a reply, the Committee again addresses a direct request on these matters to the Government. 3. In its previous comments concerning Decree No. 12 of 30 June 1980 prohibiting strikes, the Committee noted the Government's statement in its report for 1982-83 that no penalty had been imposed for violation of the Decree and the statement by a Government representative to the Conference Committee in 1984 during the discussion of Convention No. 87 that the ban on strikes was due to be lifted on 26 July 1984. The Committee observes that the Government's report contains no information in this regard. The Committee notes however from the conclusions adopted by the Committee on Freedom of Association concerning Case No. 1219 (in particular the 241st Report of that Committee) that the ban on strikes has not yet been lifted. The Committee requests the Government to provide information on any measures adopted or envisaged in this matter.

REQUESTS

The Government is asked to report in detail for the period ending 30 June 1990.