Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Liberia (Ratification: 1959)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment.

Article 1(1)(a) of the Convention. Discrimination on the ground of sex. Sexual harassment. The Committee recalls that both the Decent Work Act of 2015 and the Civil Service Standing Orders of 2012 defines and prohibits both quid pro quo (blackmail) and hostile environment sexual harassment and contains detailed provisions on prevention measures, reporting and complaint processes. In the absence of information on the application in practice of the legal and practical measures available to prevent and eliminate sexual harassment in employment and occupation, the Committee asks the Government to: (i) provide information on any measures taken or envisaged to understand the underlying causes behind the underreporting of sexual harassment cases despite the legal framework in place, such as for example, the difficulty to access complaint mechanisms, the fear of reprisals, or the lack of information on the procedures available to remedy discrimination based on sex and sexual harassment; (ii) continue to take active steps to raise awareness at all levels and in all sectors of the economy among workers, employers and their organizations and among enforcement officials, of the legal and practical measures available to report and address sexual harassment; and (iii) provide information on the number of complaints or cases of sexual harassment dealt with by the competent authorities, including sanctions imposed and remedies granted.

Article 1(1)(b). Additional grounds of discrimination. Discrimination on the basis of real or perceived HIV status. The Committee notes the Government’s indication, in its report, that it continues to enforce the prohibition of HIV testing in employment related processes. The Committee asks the Government to provide information on: (i) the activities conducted to raise awareness among workers, employers and their respective organizations, as well as among enforcement officials, on the issue of discrimination on the basis of HIV status in employment and occupation and the remedies available; (ii) the number of cases of discrimination in employment and occupation on the basis of real or perceived HIV status detected by, or brought to the attention of, the authorities (labour inspection, courts, or other relevant enforcement officials), as well as on the outcome of these cases; and (iii) the possible revision of the National HIV/AIDS Workplace Policy, as previously mentioned by the Government.

Article 2. National equality policy. The Committee takes note of the Government’s indication that it is committed to ensuring equality in the workplace, but that budgetary constraints have hindered the large consultation process that would be required for the preparation of a comprehensive national equality policy. The Government adds that, in the meantime, significant attention has been given to mainstreaming equality in all policies. In that regard, the Committee points out that a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising. It further wishes to draw attention to the fact that often the measures taken to implement the Convention are confined to one ground or only some of the grounds, often sex and increasingly race, colour and national extraction. The Committee asks the Government to keep it informed of any progress achieved in that regard and the steps taken to ensure that such policy covers all the grounds protected under the Convention, and all categories of workers and sectors of the economy. In the meantime, it asks the Government to provide concrete information on how it has been mainstreaming equality in other policies.

Equality of opportunity and treatment between men and women. The Committee notes the Government’s indication that 76 per cent of married women versus 97 per cent of married men are employed. The Government adds that the rate of employment generally increases with age among married women, while for men, by contrast, the employment percentage varies little by age. The Committee notes, from the Demographic and Health Survey 2019–20, published by the Liberia Institute of Statistics and Geo-Information Services, that: (1) 32 percent of employed women in Liberia are not paid for the work they do (unpaid domestic work); (2) women engaged in agricultural work are more likely than women performing non-agricultural work to not be paid for their work; and (3) 78 percent of women who worked in the past year are self-employed. The Committee notes the adoption of the Gender Policy Action Plan 2021–25 for the Liberian Ministry of National Defense and the Armed Forces of Liberia which sets a target of 10 per cent of women in the Armed Forced by 2030. The Action Plan also highlights that women in Liberia continue to face discrimination socially, politically and economically because of, among others: (1) strong gender stereotypes, with the dominant view that women belong at home; (2) customary inequalities; and (3) insufficient access to justice. The Committee further notes, from the 2021 Annual Country Gender Equality Profile, published by the United Nations Entity for Gender Equality (UN Women), that: (1) unpaid domestic work is an obstacle to women’s greater participation in the formal market; (2) occupational gender segregation prevents the economic progress of Liberian women as well as their personal and professional development; (3) many technical and vocational education and training areas are dominated by male participation; and (4) 41 percent of university-educated women work informally, compared to 24 percent of university-educated men. In this regard, the Committee refers to paragraphs 750 and 783 of its 2012 General Survey on the fundamental Conventions, 2012. In light of the above, theCommittee requests the Government to provide information on the measures taken or envisaged to proactively tackle gender stereotypes in the workplace (promote awareness-raising on gender bias, in particular unconscious bias; adopt gender neutral terminology, etc.). Noting that the Government’s report is silent on the impact of the National Gender Policy 2018–22, the activities of the Gender Unit of the Ministry of Labour and the measures adopted to promote women’s access to the civil service and the formal labour market, the Committee reiterate its request in this regard.

Women’s access to land and other productive resources. The Government indicates that about a quarter of women and a third of men own their home. The Committee notes, from UN Women Liberia’s 2022 Annual Report that, through UN Women strategic outreach and awareness methods, over 700 rural women smallholder farmers have increased their knowledge of, and ability to act on, their rights around agriculture, land management and other natural resources. In addition, rural women beneficiaries have gained equal access to, and ownership of, land for investing in climate-smart agriculture and agribusiness development. The Committee also observes, from the UN Women Gender Equality Country Profile 2021, that there remain several constraints that inhibit women’s demand for, and ability to use, financial services and products in Liberia. The Gender Equality Country Profile indicates that, even though some policies have been implemented to address gender barriers, there are critical obstacles to accessing commercial banking and mobile banking services. Thus, many women rely on informal financial services and grassroots village associations, limited by intrahousehold decision-making, high levels of illiteracy, societal norms, division of labour, and life cycle needs. The Committee encourages the Government to pursue its efforts to promote women’s access to secure land tenure, credit and material goods and to provide detailed information on the impact of the measures adopted in this regard, in particular on the specific needs of indigenous women.

National policy on equality with respect to grounds other than sex. Equality of opportunity of indigenous peoples. Noting that the Government does not reply to the Committee’s previous requests, it once again asks the Government to provide: (i) data on the situation of indigenous workers in employment and occupation, disaggregated by sex; and (ii) information on the impact of the Land Rights Act of 2018 to improve the employment situation of indigenous workers, and on any other measures to improve their access to credit and material goods.

Equality of opportunity of persons with disabilities. The Government indicates that it is currently working on evaluating the impact of the National Action Plan for the Inclusion of Persons with Disabilities. The Committee notes the adoption of a new National Action Plan for the Inclusion of Persons with Disabilities 2023–27, developed with the support of the United Nations Development Programme. The Committee asks the Government to provide information on: (i) the results of the assessment of the National Actional Plan for the Inclusion of Persons with Disabilities 2018–22, in particular statistical data on the employment situation of workers with disabilities (if possible disaggregated by sex); and (ii) the implementation of the newly adopted National Actional Plan for the Inclusion of Persons with Disabilities 2023–27.

Enforcement. The Government states that the Decent Work Act 2015 provides for the same mechanisms for filing a discrimination complaint as for any other type of complaint related to the workplace. In the absence of information on the number of cases of discrimination brought to the tribunals or the courts, the Committee wishes to stress that the absence of complaints does not necessary indicate that discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of the issue of discrimination among government officials, workers and employers, as well as the lack of access to or the inadequacy of complaints mechanisms. The Committee thus asks again the Government to provide detailed information on: (i) the measures adopted or envisaged to raise awareness on the complaint mechanisms available in cases of discrimination in employment and occupation, among workers, employers, and their respective organizations, as well as information on any training undergone by labour inspectors, court officials or other authorities to identify and address such situations; and (ii) the number of cases of discrimination in employment and occupation brought to, or identified by, the competent authorities and their outcome (that is, namely sanctions imposed and remedies granted).

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1 of the Convention. Scope of application. Legislation. The Committee notes that, in 2022 the Maritime Law was amended, but it notes with regret that the Government did not make use of this opportunity to amend section 356 of the Maritime Law, which provides a narrower protection of seafarers against discrimination than required by the Convention. The Committee notes the Government’s general indication, in its report, that maritime notices are promulgated by the Liberia Maritime Authority to actualize the rights of seafarers and ensure consistency with national laws and international obligations, and that seafarers who feel that their rights have been violated have recourse to an accessible online complaints process. Recalling that the Convention applies to all workers, the Committee once again requests the Government to take the necessary measures to align the legislation on the protection of seafarers against discrimination in employment and occupation with the requirements of the Convention.

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention. Scope of application. Legislation. In its previous comments, the Committee noted that section 356 of the Maritime Law provides narrower protection against discrimination than required by the Convention and asked the Government to take steps to review this section to cover all the stages of employment, including recruitment and termination of employment as well as to include at least all the grounds enumerated in the Convention (sex, religion, political opinion, national extraction, and social origin). In its report, the Government indicates that a review on the application in practice of section 356 of the Maritime Law is planned and that details in this regard will be provided in the report on the application of the Maritime Labour Convention, 2006 due in 2021. While taking note of this information, the Committee recalls that the Convention applies to all workers and repeats its request to the Government to take steps to align the legislation on the protection of seafarers against discrimination in employment and occupation with the requirements of the Convention.

Article 1(1)(a). Discrimination on the ground of sex. Sexual harassment. The Committee had asked the Government to provide information on the concrete steps taken to inform civil servants of their right to be protected from sexual harassment and the procedures in place to report and address this form of discrimination. It also asked the Government to continue to take active steps to raise awareness at all levels and in all sectors of the economy among workers, employers and their organizations and among enforcement officials, of the legal and practical measures available to prevent and eliminate sexual harassment in employment and occupation. The Government indicates that information on sexual harassment is being provided in the context of events like the celebration of International Women’s Day at Ministries, Agencies and Commissions. The Government further indicates that a Gender Unit has been recently established within the Ministry of Labour to promote gender equality in employment and this includes work on the issue of sexual harassment. In addition, human resources officers are charged with taking due notice of concerns raised regarding sexual harassment. Noting that the Government does not provide information on the specific measures in place to report and address sexual harassment, the Committee recalls that the range of practical measures to address the issue can include helplines, legal assistance or support units to assist victims, structures mandated to institute labour-related proceedings regarding cases of sexual harassment, and training for the social partners and labour inspectors (2012 General Survey on the fundamental Conventions, paragraph 794). The Committee asks the Government to provide detailed information on the specific measures adopted to report and address sexual harassment, in both the public and the private sectors. For the public sector, the Committee asks the Government to provide information in particular on the complaints procedures in place, the training of civil servants on this specific form of discrimination, and the number of cases of sexual harassment dealt with and their outcome. For the private sector, the Committee asks the Government to provide information on all the measures adopted to raise awareness at all levels and in all sectors of the economy among workers, employers and their organizations and among enforcement officials, on the legal and practical measures available to prevent and eliminate sexual harassment.

Article 1(1)(b). Additional grounds of discrimination. Discrimination on the basis of real or perceived HIV status. In its last comment, the Committee encouraged the Government to step up its efforts to address discrimination and stigmatization against persons living with HIV in employment and occupation. The Government indicates that the Ministry of Labour has partnered with the National AIDS Commission (NAC) to ensure the implementation in practice of section 2.10 of the Decent Work Act, 2015 that prohibits HIV testing as a condition for employment. In 2019, one compliance notice was issued for non-compliance with the law in this regard. The Ministry of Labour is also collaborating with the NAC and other partners to revise the National HIV/AIDS Workplace Policy. The Committee recalls that the small number of notices issued for non-compliance may be an indicator of a lack of awareness of the national policy on discrimination based on HIV status, as well as a sign of the inadequacy of the complaints mechanisms and means of redress, or fear of reprisals. The Committee therefore asks the Government to provide detailed information on the activities conducted to raise awareness among workers, employers and their respective organizations, as well as among enforcement officials, on the issue of discrimination on the basis of HIV status in employment and occupation and the remedies available. It also asks the Government to provide information on the number of cases of discrimination in employment and occupation on the basis of real or perceived HIV status detected by, or brought to the attention of, the authorities (labour inspection, courts, or other relevant enforcement officials), as well as on the outcome of these cases. Further, the Committee asks that the Government provide updated information on the possible revision of the National HIV/AIDS Workplace Policy.

Article 2. National equality policy. The Committee asked the Government to take steps to develop, in consultation with workers’ and employers’ organizations, a comprehensive and multifaceted policy to promote equality and address discrimination covering all categories of workers and all sectors of the economy. The Government indicates that the National Employment Policy, 2009 (NEP) addresses the issue of discrimination and that discussions for the revision of the policy are ongoing. Furthermore, the Ministry of Labour conducts regular roundtables with human resources officers to promote equitable workplaces. On the adoption of positive measures, the Government refers to the work of the Ministry of Gender, Children and Social Protection directed at fostering the inclusion of women at all levels of society. The Ministry of Labour is also addressing issues that negatively affect gender equality and inclusion in the context of the Mothers at Work campaign. While taking note of this information, the Committee notes that the National Employment Policy was adopted in 2009 and recalls that regular monitoring of the implementation of plans and policies in terms of results and effectiveness is essential. Noting that the Government refers primarily to its policies addressing discrimination based on sex, the Committee also recalls that even though the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds in implementing the national policy (2012 General Survey, paragraphs 849 and 858). The Committee therefore asks the Government to take steps to review the effectiveness of the equality policies in place in the country and to adopt an updated national equality policy that covers all the grounds protected under the Convention, and all categories of workers and sectors of the economy. It asks the Government to provide specific information on the steps taken towards the development of this policy and to include details on the involvement of workers’ and employers’ organizations in this process.

Equality of opportunity and treatment between men and women. The Committee asked the Government to provide information on any activities carried out by the National Bureau of Employment (NBE) to promote specifically gender equality in employment, and on the results obtained in this regard. It also asked the Government to identify the steps taken to effectively implement the Small Business Empowerment Act of 2014, according to which at least 5 per cent of all public procurement contracts should be allocated to, and provided to, businesses owned by Liberian women, and their results (data on the number of public procurement contracts concluded with businesses owned by Liberian women).

The Committee notes that the Government does not report on the activities of the NBE, or on the results of the NEP towards achieving gender equality in employment and occupation. The Government refers to the recent creation of the Gender Unit within the Ministry of Labour. It also indicates that the Small Business Administration (SBA) at the Ministry of Commerce and Industry collaborates with the Public Procurement Concession Commission (PPCC) to implement the Small Business Empowerment Act of 2014. In 2016, 13 per cent of the procurement budget approved under the Small Business Empowerment scheme was received by women. Advocacy and public awareness-raising campaigns have been conducted through jingles, radio talk shows, brochures and flyers to encourage women to establish their own businesses and benefit from the advantages of the Act. The Committee further notes that according to the information reported in its 2019 report under the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), the Government has adopted a National Gender Policy 2018-2022 that provides for a number of measures to address the obstacles that hinder women’s effective participation in economic activities. The Government is also engaging women and girls through empowerment programs such as the Economic Empowerment of Adolescent Girls and young women (EPAG) which aims to increase self-development and wage employment and earnings. According to the same report, women are 24.1 per cent more likely than men to be employed in the informal sector. This could be ascribed to the traditional and cultural beliefs on the role of women. In the national review, the Government also reported that there is no specific policy on the recruitment or promotion of women within the civil service (Beijing+25 national report, pages 8 and 51). The Committee asks the Government to provide detailed information on the monitoring and impact of the National Gender Policy 2018-2022, the SBA scheme and the other programmes, plans and policies adopted to achieve equal opportunity and treatment of men and women in employment and occupation (such as statistical data information disaggregated by sex on the trends in access to employment, by sectors and occupations, and information on the wage levels). The Committee also asks the Government to provide information on the activities of the Gender Unit of the Ministry of Labour. Lastly, the Committee asks the Government to provide specific information on the measures adopted to promote women’s access to the formal labour market and civil service.

Women’s access to land and other productive resources. The Committee repeatedly asked the Government to provide information on the steps taken to promote and ensure women’s, including indigenous women’s, access to secure land tenure, and the impact of the new Land Rights Act of 2018 in this respect. The Committee also asked for information on any measures taken to promote women’s access to credit and material goods. The Government indicates that the Liberia Land Authority (LAA) has developed a Gender Integrated Strategy and conducted a nationwide awareness campaign on women land’s rights. LAA staff, local government authorities, community leaders, and youth group representatives received training on this matter. The Ministry of Commerce and Industry (MoCI) is collaborating with the Ministry of Agriculture for the implementation of the Smallholder Agricultural Transformation and Agribusiness Revitalisation Project (STAR-P) that includes a focus on promoting women’s role in agribusiness. The Government is also promoting a number of other programs designed along with the United Nations Development Programme and under which women are to receive in-kind and cash grants to develop their businesses. The Committee further observes that the Government reported in its Beijing +25 national report that 7,233 women have benefited directly from the new provisions of the Land Rights Act, 2018. However, the Government also indicated that studies have found that land inheritance by widows is often contingent on their willingness to marry a surviving male relative of their deceased husband despite the explicit ban of the practice. When daughters inherit land, their rights are often restricted to housing and ‘use rights’ to farm short-term crops. The Government further reported its commitment to provide robust support to increase the number of women entrepreneurs through micro finance loans and access to credit from financial institutions (Beijing+25 national report, pages 28, 29, and 49). The Committee asks the Government to continue its efforts to promote women’s access to secure land tenure, credit and material goods. It asks the Government to provide detailed information on the impact of the measures adopted in this regard. It also asks the Government to take steps to ensure that the measures adopted cover and address the specific needs of indigenous women.

National policy on equality with respect to grounds other than sex. Equality of opportunity of indigenous peoples. The Committee asked the Government to provide information on the situation of indigenous peoples in employment and occupation, including in traditional occupations, and to provide any statistics available, disaggregated by sex if possible. The Committee also asked the Government to provide information on the impact of the Land Rights Act of 2018 on the indigenous communities and their capacity to engage in and exercise their traditional activities. Lastly, the Committee asked the Government to provide information on any measures taken to ensure that access to credit, marketing facilities, agricultural extension and skills training facilities is provided to members of indigenous communities on an equal footing with other sectors of the population. The Government reports that the COVID-19 crisis has prevented the review of the impact of the Land Rights Act but indicates that the programme STAR-P, by focusing primarily on rural areas, will largely be of benefit to indigenous workers. While noting that the review of the impact of the Act has not taken place because of the COVID-19 pandemic, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and to make any necessary adjustments (2012 General Survey, paragraph 871). The Committee therefore asks the Government to provide data on the situation of indigenous workers in employment and occupation, disaggregated by sex. The Committee repeats its request for information on the impact of the Land Rights Act of 2018 to improve the employment situation of indigenous workers, and on any other measures to improve their access to credit and material goods.

Equality of opportunity of persons with disabilities. The Committee asked the Government to provide information on the situation of persons with disabilities in employment and occupation and to provide any statistics available, disaggregated by sex if possible. It also asked the Government to identify whether any affirmative action measures in the private and the public sectors have been adopted or are envisaged, pursuant to the adoption of the Decent Work Act, 2015, and to promote the access of disabled persons to employment, in particular public employment, and to different occupations. The Government reports on the launch in 2018 of the five-year National Action Plan for the Inclusion of Persons with Disabilities. While recent data on the employment of workers with disabilities are currently missing, such information will be collected in the context of the national census in the coming year. The Government has informed the Committee that, jointly with the social partners, it launched a Guide for the employment and protection of workers with disabilities in 2019. Lastly, the Government indicates that, in 2021, the National Commission on Disabilities reported that 27 workers with disabilities had been employed in the public sector and called for that figure to be increased. The Committee asks the Government to provide the information collected, in the context of the national census or otherwise, on the situation of workers with disabilities ,and to provide information on the implementation of the National Actional Plan for the Inclusion of Persons with Disabilities and its impact on the employment and working conditions of workers with disabilities.

Enforcement. The Committee asked the Government once again to provide information on the measures taken or envisaged to ensure the effective enforcement of the Decent Work Act, 2015, with respect to discrimination, through labour inspections and through complaints lodged with the courts. The Government reports that none of the complaints raised and issues brought or discovered during the inspections related to discrimination. The Committee recalls again that the absence of complaints does not necessary indicate that discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of the issue of discrimination among government officials, workers and employers, as well as the lack of access to or the inadequacy of complaints mechanisms. It also recalls that the supervision of the provisions against discrimination in employment and occupation often rests in the first instance with the labour inspection services. The Committee therefore asks again the Government to provide detailed information on the measures adopted to raise awareness on the complaint mechanisms available in cases of discrimination in employment and occupation, among workers, employers, and their respective organizations, as well as information on any training undergone by labour inspectors, court officials or other authorities to identify and address such situations. The Committee also asks the Government to provide detailed information, if possible disaggregated by sex, on the number of cases of discrimination in employment and occupation brought to, or identified by, the competent authorities and their outcome (including information on the sanctions imposed and the remedies granted).

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 of the Convention. Scope of application. Legislation. The Committee recalls that the Decent Work Act 2015 excludes from its scope of application, and therefore from its protection against discrimination, work falling within the scope of the Civil Service Agency Act as well as officers, members of the crew and any other persons employed or in training on vessels. It notes from the Government’s report that these exclusions were made due to the fact that there was already legislation and administrative regulations in place that protect workers against discrimination as defined under the Convention before the enactment of the Decent Work Act of 2015. These included the Civil Service Standing Orders, 2012, and the Maritime Law (Title 21). With respect to the civil service, the Committee refers the Government to its comment hereafter under Article 2 of the Convention. As regards the protection of “officers, members of the crew and any other persons employed or in training on vessels seafarers”, the Committee notes that section 356 of the Maritime Law provides that “it shall be unlawful for any employer or employer organization or employee or labor organization to attempt to bargain for, or to enter into, any labor contract containing any provision which … discriminates as to terms and conditions of employment on the basis of race, color or creed”. Noting that this provision offers narrower protection than required by the Convention, the Committee asks the Government to take steps to review the Maritime Law to cover all the stages of employment, including recruitment and termination of employment as well as to include all the grounds enumerated in the Convention (sex, religion, political opinion, national extraction and social origin). The Committee asks the Government to provide information on any steps taken in this regard.

Article 1(1)(a). Discrimination on the ground of sex. Sexual harassment. In its previous comments, the Committee asked the Government to provide information on the practical application of section 2.8(a)–(c) of the Decent Work Act of 2015, which defines and prohibits both quid pro quo and hostile environment sexual harassment. The Committee notes the Government’s indication that the Ministry of Labour has posted a series of banners and flyers stressing the effects and consequences of sexual harassment. The Committee also notes the Government’s indication that the civil society organizations have conducted sensitization and awareness-raising activities on this issue. The Government indicates that no complaint for sexual harassment has been received by the Ministry of Labour. Recalling that the Civil Service Standing Orders of 2012 also define and prohibit sexual harassment and contain detailed provisions on prevention measures, reporting and complaint processes, the Committee asks the Government to provide information on the concrete steps taken to inform civil servants on their right to be protected from sexual harassment and the procedures in place to report and address it. It also asks the Government to continue to take active steps to raise awareness at all levels and in all sectors of the economy among workers, employers and their organizations and among enforcement officials, of the legal and practical measures available to prevent and eliminate sexual harassment in employment and occupation.

Article 1(1)(b). Discrimination on the basis of real or perceived HIV status. Recalling that the Decent Work Act of 2015 provides for the equal protection of persons living with HIV in employment and work, the Committee notes the Government’s indication that through the National AIDS Commission it has conducted a series of workshops and radio shows on discrimination against persons living with HIV and that the Ministry of Labour has conducted nationwide sensitization and awareness-raising workshops that have helped to disseminate information at workplaces. While welcoming these initiatives, the Committee encourages the Government to step up its efforts to address discrimination and stigmatization against persons living with HIV in employment and occupation, in particular through awareness-raising among workers, employers and their respective organizations as well as among enforcement officials to ensure that victims of such discrimination can avail themselves effectively of their rights.

Article 2. National equality policy. The Committee recalls that the Decent Work Act, 2015 defines and prohibits discrimination based on all the grounds set out in the Convention and a wide range of additional grounds, including family responsibilities, tribe, health status, migration status and language, and provides the opportunity to adopt affirmative action measures. The Committee also notes that, according to the Civil Service Human Resources Policy Manual of 2013 (developed on the basis of the Civil Service Standing Orders of 2012), “the Civil Service Agency is actively committed to protecting the rights of all civil servants to enable them to achieve their full potential in an atmosphere free from discrimination, harassment, victimization and vilification” (Part II – Policy Statement) and “the recruitment and selection process will be applied in a transparent and consistent manner without discrimination to any one particular category of individuals or group”. The Committee highlights that legislative measures to give effect to the principles of the Convention are important but not sufficient to achieve its objective. The Committee added that effectively responding to the complex realities and variety of ways in which discrimination occurs requires the adoption of differentiated measures. Indeed, the implementation of a national equality policy presupposes the adoption of a range of specific measures that will often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising (General Survey of 2012 on the fundamental Conventions, paragraphs 848–56). The Committee asks the Government to take steps to develop, in consultation with workers’ and employers’ organizations, a comprehensive and multifaceted policy to promote equality and address discrimination covering all categories of workers and all sectors of the economy, without distinction based on the grounds prohibited under the Decent Work Act, 2015, and in accordance with the Civil Service Human Resources Policy Manual. The Committee asks the Government to provide information on the steps taken for this purpose, including on any affirmative action measures taken to redress past inequalities.

Equality of opportunity and treatment between men and women. Recalling the adoption of the National Employment Policy (NEP) which provided for the development of monitoring tools on gender and employment, the Committee notes from the Government’s report that the evaluation process was disrupted by the advent of Ebola in 2014/15. The Committee notes that the statistics on employment provided by the Government indicate that male employment accounted for 40.9 per cent while female employment accounted for 37.5 per cent in the agricultural sector; 16.2 per cent for men against 31.1 per cent for women in services and trades; 2.7 per cent for men against 1 per cent for women for technicians; and 8.1 per cent for men against 4.8 per cent for professionals. The Committee also notes the Government’s indication that the Liberian Employment Action Programme (LEAP) was transformed into the National Bureau of Employment (NBE). The Committee asks the Government to provide information on any activities carried out by the NBE to promote specifically gender equality in employment and to develop employment opportunities for men and women on an equal footing, including through the development of vocational training and the promotion of access to a wider range of job opportunities at all levels, including sectors in which they are currently absent or under-represented. The Committee also asks the Government to provide information on the results of the NEP regarding gender and employment once the evaluation is completed. It also asks once again the Government to indicate the steps taken to effectively implement the Small Business Empowerment Act of 2014, according to which at least 5 per cent of all public procurement contracts should be allocated to, and provided to, businesses owned by Liberian women, and their results (data on the number of public procurement contracts concluded with businesses owned by Liberian women).

Women’s access to land and other productive resources. The Committee recalls its previous comments regarding the insecurity of women, who comprised the majority of smallholder agriculture producers, with respect to access to land. While noting that the Government’s report does not contain any information on this point, the Committee notes the adoption of the Land Rights Act in 2018. In this regard, it wishes to highlight the importance of access to land as the primary factor in an agricultural economy, and that promoting and ensuring access for women to the material goods and services required to carry out an occupation, such as land, credit and other resources, should form part of the objectives of a national policy on equality (General Survey of 2012, paragraph 756). The Committee asks once again the Government to provide information on the steps taken to promote and ensure women’s, including indigenous women’s, access to secure land tenure, and the impact of the new Land Rights Act of 2018 in this respect. The Committee also asks the Government to provide information on any measures taken to promote women’s access to credit and material goods.

Equality of opportunity of indigenous peoples. The Committee asks the Government to provide information on the situation of indigenous peoples in employment and occupation, including in traditional occupations, and to provide any statistics available, disaggregated by sex if possible. Recalling that the recognition of the ownership and possession of the lands they traditionally occupy and access to their communal lands and natural resources for traditional activities is essential (see General Survey of 2012, paragraph 768), the Committee asks the Government to provide information on the impact of the Land Rights Act of 2018 on the indigenous communities and their capacity to engage in and exercise their traditional activities. The Committee also asks the Government to provide information on any measure taken to ensure that access to credit, marketing facilities, agricultural extension and skills training facilities is provided to members of indigenous communities on an equal footing with other sectors of the population.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Equality of opportunity of persons with disabilities. The Committee asks the Government to provide information on the situation of persons with disabilities in employment and occupation and to provide any statistics available, disaggregated by sex if possible. It also asks the Government to indicate if any affirmative action measures in the private and the public sectors have been adopted or are envisaged, pursuant to the Decent Work Act, 2015, to promote the access of disabled persons to employment, in particular public employment, and to different occupations.

Enforcement. The Committee asks once again that the Government provide information on measures taken or envisaged to ensure the effective enforcement of the Decent Work Act, 2015, with respect to discrimination, through labour inspections and on any complaints lodged before the courts.

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

Article 1 of the Convention. Scope of application. Legislation. The Committee recalls that the Decent Work Act 2015 excludes from its scope of application, and therefore from its protection against discrimination, work falling within the scope of the Civil Service Agency Act as well as officers, members of the crew and any other persons employed or in training on vessels. It notes from the Government’s report that these exclusions were made due to the fact that there was already legislation and administrative regulations in place that protect workers against discrimination as defined under the Convention before the enactment of the Decent Work Act of 2015. These included the Civil Service Standing Orders, 2012, and the Maritime Law (Title 21). With respect to the civil service, the Committee refers the Government to its comment hereafter under Article 2 of the Convention. As regards the protection of “officers, members of the crew and any other persons employed or in training on vessels seafarers”, the Committee notes that section 356 of the Maritime Law provides that “it shall be unlawful for any employer or employer organization or employee or labor organization to attempt to bargain for, or to enter into, any labor contract containing any provision which … discriminates as to terms and conditions of employment on the basis of race, color or creed”. Noting that this provision offers narrower protection than required by the Convention, the Committee asks the Government to take steps to review the Maritime Law to cover all the stages of employment, including recruitment and termination of employment as well as to include all the grounds enumerated in the Convention (sex, religion, political opinion, national extraction and social origin). The Committee asks the Government to provide information on any steps taken in this regard.

Article 1(1)(a). Discrimination on the ground of sex. Sexual harassment. In its previous comments, the Committee asked the Government to provide information on the practical application of section 2.8(a)–(c) of the Decent Work Act of 2015, which defines and prohibits both quid pro quo and hostile environment sexual harassment. The Committee notes the Government’s indication that the Ministry of Labour has posted a series of banners and flyers stressing the effects and consequences of sexual harassment. The Committee also notes the Government’s indication that the civil society organizations have conducted sensitization and awareness-raising activities on this issue. The Government indicates that no complaint for sexual harassment has been received by the Ministry of Labour. Recalling that the Civil Service Standing Orders of 2012 also define and prohibit sexual harassment and contain detailed provisions on prevention measures, reporting and complaint processes, the Committee asks the Government to provide information on the concrete steps taken to inform civil servants on their right to be protected from sexual harassment and the procedures in place to report and address it. It also asks the Government to continue to take active steps to raise awareness at all levels and in all sectors of the economy among workers, employers and their organizations and among enforcement officials, of the legal and practical measures available to prevent and eliminate sexual harassment in employment and occupation.

Article 1(1)(b). Discrimination on the basis of real or perceived HIV status. Recalling that the Decent Work Act of 2015 provides for the equal protection of persons living with HIV in employment and work, the Committee notes the Government’s indication that through the National AIDS Commission it has conducted a series of workshops and radio shows on discrimination against persons living with HIV and that the Ministry of Labour has conducted nationwide sensitization and awareness-raising workshops that have helped to disseminate information at workplaces. While welcoming these initiatives, the Committee encourages the Government to step up its efforts to address discrimination and stigmatization against persons living with HIV in employment and occupation, in particular through awareness-raising among workers, employers and their respective organizations as well as among enforcement officials to ensure that victims of such discrimination can avail themselves effectively of their rights.

Article 2. National equality policy. The Committee recalls that the Decent Work Act, 2015 defines and prohibits discrimination based on all the grounds set out in the Convention and a wide range of additional grounds, including family responsibilities, tribe, health status, migration status and language, and provides the opportunity to adopt affirmative action measures. The Committee also notes that, according to the Civil Service Human Resources Policy Manual of 2013 (developed on the basis of the Civil Service Standing Orders of 2012), “the Civil Service Agency is actively committed to protecting the rights of all civil servants to enable them to achieve their full potential in an atmosphere free from discrimination, harassment, victimization and vilification” (Part II – Policy Statement) and “the recruitment and selection process will be applied in a transparent and consistent manner without discrimination to any one particular category of individuals or group”. The Committee highlights that legislative measures to give effect to the principles of the Convention are important but not sufficient to achieve its objective. The Committee added that effectively responding to the complex realities and variety of ways in which discrimination occurs requires the adoption of differentiated measures. Indeed, the implementation of a national equality policy presupposes the adoption of a range of specific measures that will often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising (General Survey of 2012 on the fundamental Conventions, paragraphs 848–56). The Committee asks the Government to take steps to develop, in consultation with workers’ and employers’ organizations, a comprehensive and multifaceted policy to promote equality and address discrimination covering all categories of workers and all sectors of the economy, without distinction based on the grounds prohibited under the Decent Work Act, 2015, and in accordance with the Civil Service Human Resources Policy Manual. The Committee asks the Government to provide information on the steps taken for this purpose, including on any affirmative action measures taken to redress past inequalities.

Equality of opportunity and treatment between men and women. Recalling the adoption of the National Employment Policy (NEP) which provided for the development of monitoring tools on gender and employment, the Committee notes from the Government’s report that the evaluation process was disrupted by the advent of Ebola in 2014/15. The Committee notes that the statistics on employment provided by the Government indicate that male employment accounted for 40.9 per cent while female employment accounted for 37.5 per cent in the agricultural sector; 16.2 per cent for men against 31.1 per cent for women in services and trades; 2.7 per cent for men against 1 per cent for women for technicians; and 8.1 per cent for men against 4.8 per cent for professionals. The Committee also notes the Government’s indication that the Liberian Employment Action Programme (LEAP) was transformed into the National Bureau of Employment (NBE). The Committee asks the Government to provide information on any activities carried out by the NBE to promote specifically gender equality in employment and to develop employment opportunities for men and women on an equal footing, including through the development of vocational training and the promotion of access to a wider range of job opportunities at all levels, including sectors in which they are currently absent or under-represented. The Committee also asks the Government to provide information on the results of the NEP regarding gender and employment once the evaluation is completed. It also asks once again the Government to indicate the steps taken to effectively implement the Small Business Empowerment Act of 2014, according to which at least 5 per cent of all public procurement contracts should be allocated to, and provided to, businesses owned by Liberian women, and their results (data on the number of public procurement contracts concluded with businesses owned by Liberian women).

Women’s access to land and other productive resources. The Committee recalls its previous comments regarding the insecurity of women, who comprised the majority of smallholder agriculture producers, with respect to access to land. While noting that the Government’s report does not contain any information on this point, the Committee notes the adoption of the Land Rights Act in 2018. In this regard, it wishes to highlight the importance of access to land as the primary factor in an agricultural economy, and that promoting and ensuring access for women to the material goods and services required to carry out an occupation, such as land, credit and other resources, should form part of the objectives of a national policy on equality (General Survey of 2012, paragraph 756). The Committee asks once again the Government to provide information on the steps taken to promote and ensure women’s, including indigenous women’s, access to secure land tenure, and the impact of the new Land Rights Act of 2018 in this respect. The Committee also asks the Government to provide information on any measures taken to promote women’s access to credit and material goods.

Equality of opportunity of indigenous peoples. The Committee asks the Government to provide information on the situation of indigenous peoples in employment and occupation, including in traditional occupations, and to provide any statistics available, disaggregated by sex if possible. Recalling that the recognition of the ownership and possession of the lands they traditionally occupy and access to their communal lands and natural resources for traditional activities is essential (see General Survey of 2012, paragraph 768), the Committee asks the Government to provide information on the impact of the Land Rights Act of 2018 on the indigenous communities and their capacity to engage in and exercise their traditional activities. The Committee also asks the Government to provide information on any measure taken to ensure that access to credit, marketing facilities, agricultural extension and skills training facilities is provided to members of indigenous communities on an equal footing with other sectors of the population.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Equality of opportunity of persons with disabilities. The Committee asks the Government to provide information on the situation of persons with disabilities in employment and occupation and to provide any statistics available, disaggregated by sex if possible. It also asks the Government to indicate if any affirmative action measures in the private and the public sectors have been adopted or are envisaged, pursuant to the Decent Work Act, 2015, to promote the access of disabled persons to employment, in particular public employment, and to different occupations.

Enforcement. The Committee asks once again that the Government provide information on measures taken or envisaged to ensure the effective enforcement of the Decent Work Act, 2015, with respect to discrimination, through labour inspections and on any complaints lodged before the courts.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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 of the Convention. Scope of application. The Committee notes that section 1.5(c)(i) and (ii) of the Decent Work Act of 2015, excludes from its scope of application work falling within the scope of the Civil Service Agency Act as well as officers, members of the crew and any other persons employed or in training on vessels. The Committee recalls that the purpose of the Convention is to protect all persons against discrimination in employment and occupation, and that where certain categories of workers are excluded from general labour or employment law, it needs to be determined whether special laws or regulations apply to such groups and whether they provide for the same level of rights and protection as the general provisions (2012 General Survey on the fundamental Conventions, paragraphs 733 and 742). Noting that the Civil Service Agency Act does not contain any protection against discrimination in employment and that no information has been provided on the provisions granting protection to those working on vessels, the Committee requests the Government to indicate how these categories of workers are protected against discrimination in employment and occupation on the grounds set out in the Convention, including any laws or regulations adopted or envisaged covering these categories of workers.

Articles 1(1)(a) and 2. Discrimination on the ground of sex. Sexual harassment. Noting that section 2.8(a)–(c) of the Decent Work Act of 2015, defines and prohibits both quid pro quo and hostile environment sexual harassment, the Committee requests the Government to provide information on its practical application as well as on the number of complaints regarding sexual harassment submitted to the relevant authorities, the sanctions imposed and the remedies granted. The Committee also requests the Government to provide information on the prevention and awareness-raising measures taken concerning the rights, obligations and procedures regarding sexual harassment in employment and occupation.

Articles 1(1)(b) and 2. Discrimination on the basis of real or perceived HIV status. The Committee notes that section 2.10 of the Decent Work Act of 2015 provides for the equal protection of persons living with HIV in employment and work, and that section 2.14 of the same Act allows the HIV/AIDS Workplace Policy of September 2008, along with codes of good practice issued under the Act, to be admissible as evidence in court proceedings. The Committee requests the Government to provide information on the measures taken or envisaged to implement sections 2.10 and 2.14 of the Decent Work Act of 2015, as well as the HIV/AIDS Workplace Policy of September 2008, and any cases dealt with by labour inspectors and any court decisions addressing stigmatization or discrimination in employment or occupation based on real or perceived HIV status, and the results thereof.

Article 2. National Employment Policy. Equality of opportunity and treatment between men and women. The Committee recalls the various measures implemented under the National Employment Policy (NEP) of 2009, the Liberian Poverty Reduction Strategy 2008–11 and the Liberian Employment Action Programme (LEAP), including vocational training, access to credit, development of monitoring and reporting capacity on gender and employment, the studying of underlying causes of structural inequalities, and affirmative action measures. The Committee notes the Government’s general indication that section 2.4(a) of the Decent Work Act of 2015 protects both women and men against discrimination, and that the Equal Representation and Participation Act was adopted in 2016. The Committee further notes with interest the adoption of the Small Business Empowerment Act of 2014, according to which at least 5 per cent of all public procurement contracts should be allocated and provided to businesses owned by Liberian women. It notes, however, that according to the 2015 implementation report of the Act, the participation of women was low. The Committee requests the Government to provide information on the measures taken to ensure the effective implementation of the Small Business Empowerment Act of 2014, including statistics on the number of public procurement contracts concluded with businesses owned by Liberian women. The Committee further requests the Government to provide detailed information on the specific results achieved of measures taken in the framework of the NEP of 2009, the Liberian Poverty Reduction Strategy of 2008–11, and LEAP to promote gender equality in employment and occupation. Please provide information on the participation of men and women in the labour market, disaggregated by sex, the vocational training provided, and their impact on participants’ access to employment and occupation, and the implementation of the Equal Representation and Participation Act and a copy thereof.

Women’s access to land. The Committee notes from the 2013 publication “United Nations Development Assistance Framework 2013-2017” that women comprised the majority of smallholder agriculture producers and produced about 60 per cent of agricultural products, and that 90 per cent of women were employed in agriculture or in the informal economy. The publication further indicates that a high percentage of the population was occupying either state or private lands with little or no statutory or formal arrangements, leaving women particularly “land insecure” (see One Programme, United Nations Development Assistance Framework 2013–17 – Liberia 2013, pages 18 and 19). In this regard, the Committee is aware that a bill on land rights has been pending in the legislature since 2014. The Committee recalls that addressing non-wage work is essential as this category covers the majority of the active population in certain countries, principally in the rural sector, and covers various occupations and professions. Promoting and ensuring access to material goods and services required to carry out an occupation, such as access to land, credit and resources should therefore be part of the objectives of a national policy on equality (2012 General Survey, paragraph 756). The Committee requests the Government to provide information on the measures taken to promote and ensure women’s access to material goods and services to carry out their occupation, including access to land, credit and resources. Please also provide information on any development concerning the adoption of the bill on land rights and trusts that the bill will contribute to promoting equality between men and women including access to land.

National policy on equality with respect to grounds other than sex. The Committee notes the Government’s very general reference to section 2.7 of the Decent Work Act of 2015, which prohibits discrimination. The Committee recalls that legislative measures to give effect to the principles of the Convention are important but not sufficient, and that effectively responding to the complex realities and variety of ways in which discrimination occurs requires proactive measures to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal values. This can be done through the adoption of a national policy to promote equality of opportunity and occupation that is clearly stated and effective. (2012 General Survey, paragraphs 841–858). Once again, the Committee encourages the Government to declare and pursue a national equality policy and requests it to provide information on any practical measures taken, in collaboration with workers’ and employers’ organizations to eliminate, in practice, discrimination on the basis of all the grounds set out in the Convention and in the Decent Work Act of 2015.

Equality of opportunity of indigenous peoples. Noting that the Government provides no specific information in this regard, the Committee requests the Government, once again, to provide information on the specific measures adopted to promote equality of opportunity and treatment of indigenous peoples and eliminate discrimination against them.

Equality of opportunity of persons with disabilities. The Committee notes that sections 2.4(ix) and 2.7 of the Decent Work Act of 2015 prohibits discrimination on the ground of physical or mental disability. It also recalls that the NEP of 2009 provides for specific measures to promote the inclusion of persons with disabilities in the labour market. The Committee invites the Government to provide information on the measures taken towards the practical application of sections 2.4 and 2.7 of the Decent Work Act of 2015, with regards to persons with disabilities, including those taken through the NEP of 2009, such as the adoption of affirmative action measures in the private and the public sectors, adoption of non-discrimination policies with measures for reasonable accommodation, the development of mechanisms to monitor employment opportunities, and the collection of statistical data disaggregated by sex and disability of those who have participated in vocational training and placement programmes.

Enforcement. The Committee notes that section 2.15, as well as sections 9.2 to 11 of the Decent Work Act of 2015 provide for a complaint mechanism that workers or employers may access in case of violations of their rights under the Act, including procedures, remedies and sanctions. The Committee further notes the information provided by the Government regarding the results of a complaint regarding discrimination based on pregnancy. The Committee requests the Government to provide information on measures taken or envisaged to ensure the effective enforcement of the Decent Work Act of 2015. It also asks the Government to continue to provide information on any discrimination cases addressed by the labour inspectorate and the courts, specifying the grounds and the results thereof.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

Article 1 of the Convention. Legislative developments. For more than 15 years, the Committee has been referring to the fact that there was no legislation or national policy to implement the Convention. The Committee notes the adoption in June 2015 of the Decent Work Act which provides comprehensive protection against discrimination in the private sector. Specifically, the Committee notes that sections 2.4 and 2.7 of the Act define and prohibit direct and indirect discrimination against all persons who work or who seek to work on all the grounds protected under Article 1(1)(a) of the Convention, as well as on a range of additional grounds including tribe, indigenous group, economic status, community, immigrant or temporary resident status, age, physical or mental disability, gender orientation, marital status or family responsibilities, pregnancy and health status including HIV or AIDS status. It also notes that section 2.7(a), which prohibits discrimination against a person “who works or who seeks to work in Liberia in an employment practice”, read together with section 2.9 of this Act, which defines “employment practice” broadly to include, inter alia, access to vocational training, access to employment, and particular occupations or jobs, including advertising, recruitment process, selection procedures, appointment, promotion, remuneration security of tenure and termination, extend the above prohibition to all aspects of employment. The Committee further notes that section 2.8 of the Act defines and prohibits both quid pro quo and hostile environment sexual harassment. The Committee welcomes the provisions concerning non-discrimination and equality in the Decent Work Act of 2015, and requests the Government to provide information on their application in practice, including details on specific obstacles encountered.

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

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

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

Article 1 of the Convention. Scope of application. The Committee notes that section 1.5(c)(i) and (ii) of the Decent Work Act of 2015, excludes from its scope of application work falling within the scope of the Civil Service Agency Act as well as officers, members of the crew and any other persons employed or in training on vessels. The Committee recalls that the purpose of the Convention is to protect all persons against discrimination in employment and occupation, and that where certain categories of workers are excluded from general labour or employment law, it needs to be determined whether special laws or regulations apply to such groups and whether they provide for the same level of rights and protection as the general provisions (2012 General Survey on the fundamental Conventions, paragraphs 733 and 742). Noting that the Civil Service Agency Act does not contain any protection against discrimination in employment and that no information has been provided on the provisions granting protection to those working on vessels, the Committee requests the Government to indicate how these categories of workers are protected against discrimination in employment and occupation on the grounds set out in the Convention, including any laws or regulations adopted or envisaged covering these categories of workers.

Articles 1(1)(a) and 2. Discrimination on the ground of sex. Sexual harassment. Noting that section 2.8(a)–(c) of the Decent Work Act of 2015, defines and prohibits both quid pro quo and hostile environment sexual harassment, the Committee requests the Government to provide information on its practical application as well as on the number of complaints regarding sexual harassment submitted to the relevant authorities, the sanctions imposed and the remedies granted. The Committee also requests the Government to provide information on the prevention and awareness-raising measures taken concerning the rights, obligations and procedures regarding sexual harassment in employment and occupation.

Articles 1(1)(b) and 2. Discrimination on the basis of real or perceived HIV status. The Committee notes that section 2.10 of the Decent Work Act of 2015 provides for the equal protection of persons living with HIV in employment and work, and that section 2.14 of the same Act allows the HIV/AIDS Workplace Policy of September 2008, along with codes of good practice issued under the Act, to be admissible as evidence in court proceedings. The Committee requests the Government to provide information on the measures taken or envisaged to implement sections 2.10 and 2.14 of the Decent Work Act of 2015, as well as the HIV/AIDS Workplace Policy of September 2008, and any cases dealt with by labour inspectors and any court decisions addressing stigmatization or discrimination in employment or occupation based on real or perceived HIV status, and the results thereof.

Article 2. National Employment Policy. Equality of opportunity and treatment between men and women. The Committee recalls the various measures implemented under the National Employment Policy (NEP) of 2009, the Liberian Poverty Reduction Strategy 2008–11 and the Liberian Employment Action Programme (LEAP), including vocational training, access to credit, development of monitoring and reporting capacity on gender and employment, the studying of underlying causes of structural inequalities, and affirmative action measures. The Committee notes the Government’s general indication that section 2.4(a) of the Decent Work Act of 2015 protects both women and men against discrimination, and that the Equal Representation and Participation Act was adopted in 2016. The Committee further notes with interest the adoption of the Small Business Empowerment Act of 2014, according to which at least 5 per cent of all public procurement contracts should be allocated and provided to businesses owned by Liberian women. It notes, however, that according to the 2015 implementation report of the Act, the participation of women was low. The Committee requests the Government to provide information on the measures taken to ensure the effective implementation of the Small Business Empowerment Act of 2014, including statistics on the number of public procurement contracts concluded with businesses owned by Liberian women. The Committee further requests the Government to provide detailed information on the specific results achieved of measures taken in the framework of the NEP of 2009, the Liberian Poverty Reduction Strategy of 2008–11, and LEAP to promote gender equality in employment and occupation. Please provide information on the participation of men and women in the labour market, disaggregated by sex, the vocational training provided, and their impact on participants’ access to employment and occupation, and the implementation of the Equal Representation and Participation Act and a copy thereof.

Women’s access to land. The Committee notes from the 2013 publication “United Nations Development Assistance Framework 2013-2017” that women comprised the majority of smallholder agriculture producers and produced about 60 per cent of agricultural products, and that 90 per cent of women were employed in agriculture or in the informal economy. The publication further indicates that a high percentage of the population was occupying either state or private lands with little or no statutory or formal arrangements, leaving women particularly “land insecure” (see One Programme, United Nations Development Assistance Framework 2013–17 – Liberia 2013, pages 18 and 19). In this regard, the Committee is aware that a bill on land rights has been pending in the legislature since 2014. The Committee recalls that addressing non-wage work is essential as this category covers the majority of the active population in certain countries, principally in the rural sector, and covers various occupations and professions. Promoting and ensuring access to material goods and services required to carry out an occupation, such as access to land, credit and resources should therefore be part of the objectives of a national policy on equality (2012 General Survey, paragraph 756). The Committee requests the Government to provide information on the measures taken to promote and ensure women’s access to material goods and services to carry out their occupation, including access to land, credit and resources. Please also provide information on any development concerning the adoption of the bill on land rights and trusts that the bill will contribute to promoting equality between men and women including access to land.

National policy on equality with respect to grounds other than sex. The Committee notes the Government’s very general reference to section 2.7 of the Decent Work Act of 2015, which prohibits discrimination. The Committee recalls that legislative measures to give effect to the principles of the Convention are important but not sufficient, and that effectively responding to the complex realities and variety of ways in which discrimination occurs requires proactive measures to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal values. This can be done through the adoption of a national policy to promote equality of opportunity and occupation that is clearly stated and effective. (2012 General Survey, paragraphs 841–858). Once again, the Committee encourages the Government to declare and pursue a national equality policy and requests it to provide information on any practical measures taken, in collaboration with workers’ and employers’ organizations to eliminate, in practice, discrimination on the basis of all the grounds set out in the Convention and in the Decent Work Act of 2015.

Equality of opportunity of indigenous peoples. Noting that the Government provides no specific information in this regard, the Committee requests the Government, once again, to provide information on the specific measures adopted to promote equality of opportunity and treatment of indigenous peoples and eliminate discrimination against them.

Equality of opportunity of persons with disabilities. The Committee notes that sections 2.4(ix) and 2.7 of the Decent Work Act of 2015 prohibits discrimination on the ground of physical or mental disability. It also recalls that the NEP of 2009 provides for specific measures to promote the inclusion of persons with disabilities in the labour market. The Committee invites the Government to provide information on the measures taken towards the practical application of sections 2.4 and 2.7 of the Decent Work Act of 2015, with regards to persons with disabilities, including those taken through the NEP of 2009, such as the adoption of affirmative action measures in the private and the public sectors, adoption of non-discrimination policies with measures for reasonable accommodation, the development of mechanisms to monitor employment opportunities, and the collection of statistical data disaggregated by sex and disability of those who have participated in vocational training and placement programmes.

Enforcement. The Committee notes that section 2.15, as well as sections 9.2 to 11 of the Decent Work Act of 2015 provide for a complaint mechanism that workers or employers may access in case of violations of their rights under the Act, including procedures, remedies and sanctions. The Committee further notes the information provided by the Government regarding the results of a complaint regarding discrimination based on pregnancy. The Committee requests the Government to provide information on measures taken or envisaged to ensure the effective enforcement of the Decent Work Act of 2015. It also asks the Government to continue to provide information on any discrimination cases addressed by the labour inspectorate and the courts, specifying the grounds and the results thereof.

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

Article 1 of the Convention. Legislative developments. For more than 15 years, the Committee has been referring to the fact that there was no legislation or national policy to implement the Convention. The Committee notes with satisfaction the adoption in June 2015 of the Decent Work Act which provides comprehensive protection against discrimination in the private sector. Specifically, the Committee notes that sections 2.4 and 2.7 of the Act define and prohibit direct and indirect discrimination against all persons who work or who seek to work on all the grounds protected under Article 1(1)(a) of the Convention, as well as on a range of additional grounds including tribe, indigenous group, economic status, community, immigrant or temporary resident status, age, physical or mental disability, gender orientation, marital status or family responsibilities, pregnancy and health status including HIV or AIDS status. It also notes that section 2.7(a), which prohibits discrimination against a person “who works or who seeks to work in Liberia in an employment practice”, read together with section 2.9 of this Act, which defines “employment practice” broadly to include, inter alia, access to vocational training, access to employment, and particular occupations or jobs, including advertising, recruitment process, selection procedures, appointment, promotion, remuneration security of tenure and termination, extend the above prohibition to all aspects of employment. The Committee further notes that section 2.8 of the Act defines and prohibits both quid pro quo and hostile environment sexual harassment. The Committee welcomes the provisions concerning non-discrimination and equality in the Decent Work Act of 2015, and requests the Government to provide information on their application in practice, including details on specific obstacles encountered.

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

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

Legislative developments. The Committee notes the Government’s indication that the Decent Work Bill, having been passed by the Senate in June 2013, was being reviewed by the House of Representatives. The Government also indicates that the Gender Equity in Politics Bill is still before the National Legislature. Noting that a multi-stakeholder workshop was held in August 2013 with a view to facilitating the adoption of the Decent Work Bill, the Committee asks the Government to take measures to ensure that the Bill is adopted in the near future. The Committee once again requests the Government to ensure that the Bill, when adopted, includes provisions explicitly defining and prohibiting direct and indirect discrimination with respect to all aspects of employment and occupation and on the basis of at least all the grounds enumerated in Article 1(1)(a) of the Convention, and covering all workers, including domestic workers and agricultural workers. The Committee requests the Government to provide a copy of the Decent Work Act and the Gender Equity in Politics Act once they are adopted.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes that the Government’s brief report does not contain any information on sexual harassment in employment and occupation. The Committee asks the Government to ensure that the Decent Work Bill defines and prohibits both quid pro quo and hostile environment sexual harassment and provides for appropriate complaints procedures, including adequate remedies and sanctions. The Committee requests the Government to take practical measures to prevent and address sexual harassment and raise awareness of workers, employers and their organizations regarding the rights, obligations and procedures with respect to sexual harassment in employment and occupation, and to provide information on the measures taken in this regard.

Article 1(1)(b). Discrimination on the basis of real or perceived HIV status. The Committee notes that the HIV/AIDS Workplace Policy which was adopted in 2008 contains provisions prohibiting discrimination of employees on the basis of their real or perceived HIV status “in all work processes”. In this context, the Committee would like to draw the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), particularly Paragraphs 9–14 and 37 dealing with non-discrimination. The Committee requests the Government to provide information on the implementation of the anti-discrimination provisions of the Policy. Please also provide information on any cases dealt with by labour inspectors and the court decisions addressing stigmatization or discrimination in employment or occupation based on real or perceived HIV status, and the results thereof.

Article 2. National Employment Policy. Equality of opportunity and treatment between men and women. The Committee notes the Government’s indication that the National Employment Policy has been completed and the National Action Plan to implement the Policy has been launched. The Committee understands that the Policy includes a chapter on gender equality providing for strategies to enhance the employability of women and girls, improve the support to women’s work forums and business support, develop Government monitoring and reporting on gender and employment, and identify structural inequalities. The Committee also notes the Government’s indication that affirmative action measures are taken under the Liberian Employment Action Program (LEAP) to ensure the participation of women through work programmes targeting only women. The Committee requests the Government to provide detailed information on the content of the equality provisions of the National Employment Policy and its Action Plan, and on the specific measures taken to implement the Policy through the Action Plan and their impact on promoting gender equality in employment and occupation. Please also provide information on the affirmative action measures taken under the LEAP and the results thereof, including on the number of women who have benefited.

National policy on equality without distinction as to race, colour, religion, political opinion, national extraction or social origin. The Committee encourages the Government to declare and pursue a national equality policy and requests it to provide information on any measures taken, both immediate and longer term, in collaboration with workers’ and employers’ organizations, to eliminate in practice discrimination on the basis of all the grounds set out in the Convention and to promote equality without distinction as to race, colour, religion, political opinion, national extraction or social origin among all sectors of the population.

Indigenous peoples. The Committee recalls that discrimination as set out in Article 1 of the Convention covers discrimination against indigenous peoples and that the national policy to promote equality of opportunity and treatment to be adopted and implemented in accordance with Article 2 should include measures to eliminate discrimination against these peoples. The Committee requests the Government to provide information on the measures taken in this regard, including measures to promote and facilitate the ability of indigenous peoples to pursue their traditional occupations.

Equality of opportunity of persons with disabilities. The Committee understands that the National Employment Policy provides for specific measures to promote the inclusion of persons with disabilities in the labour market. The Committee requests the Government to provide information on the specific measures taken in this respect, including the development of legislation to prohibit discrimination on the basis of disability, and the adoption of any affirmative action measures in the private and the public sectors.

Statistics and enforcement. The Committee notes the information provided by the Government on the results of a complaint for discrimination based on pregnancy. The Committee requests the Government to continue to provide information on any discrimination cases addressed by the labour inspectorate and courts, specifying the ground and the results achieved. The Committee reiterates its request for sex-disaggregated data on employment, if possible by economic sector.

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

The Committee notes the Government’s very brief report on the Convention which merely states that Chapter Two of the Decent Work Bill prohibits discrimination on the basis of all the grounds set out in the Convention. The Committee notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will include information on the matters raised in its previous direct request, which read as follows:

Repetition

Legislative developments. The Committee had previously noted that there was no legislation or national policy to implement the Convention. The Committee notes that the Government with ILO technical assistance, is in the process of drafting a Decent Work Bill, with the involvement of the social partners. The Committee also notes the Government’s indication in its report to the Committee on the Elimination of Discrimination against Women that consideration is being given to drafting an equality law (CEDAW/C/LBR/6, 13 October 2008, page 24). The Committee hopes that the Decent Work Bill will be adopted in the near future, and expresses the firm hope that it will promote and ensure equality of opportunity in employment and occupation. The Committee requests the Government to ensure that the Decent Work Bill includes provisions explicitly defining and prohibiting direct and indirect discrimination, on at least all the grounds enumerated in Article 1(1)(a) of the Convention (race, colour, sex, religion, political opinion, national extraction and social origin), with respect to all aspects of employment and occupation, and covering all workers, including domestic workers and agricultural workers. Please provide information on any developments in this regard. The Committee also asks the Government to provide information on the status of the preparation of an equality law.

Sexual harassment. Referring to its 2002 general observation, the Committee urges the Government to ensure that the Decent Work Bill clearly defines and prohibits sexual harassment, encompassing both quid pro quo and hostile environment harassment. The Committee also requests the Government to provide information on specific measures taken to prevent and address sexual harassment in the workplace.

Article 2 of the Convention. National policy. The Government indicates in its report that a draft National Employment Policy is being drafted. The Committee also notes from the Government’s report to CEDAW that women are the most discriminated against and deprived people in Liberian society, and that gender inequalities and women’s marginalization are entrenched in traditional and religious stereotyped perceptions of women, which among other things, limit girls’ participation in education and women’s access to leadership and decision-making positions (CEDAW/C/LBR/6, 13 October 2008, pages 8 and 32). The Committee notes from the same report that the Ministry of Gender and Development initiated the process of drafting a National Gender Policy. The Committee also notes that the Liberian Employment Action Program (LEAP) aimed at stimulating employment creation, resulted in the creation of over 83,000 jobs between 2006 and 2007, with only 900 women benefiting from these jobs (ibid., page 59). The Committee also notes that CEDAW in its concluding observations, raises concerns regarding the lack of resources and capacity of the Ministry of Gender and Development to effectively coordinate the mainstreaming strategy (CEDAW/C/LBR/CO/6, 7 August 2009, paragraph 16). The Committee requests the Government to provide information on the following:

• (i) the content and status of the National Employment Policy, in so far as it relates to equality and non-discrimination;
• (ii) the content and status of the National Gender Policy, and on any steps taken to increase the capacity of the Ministry of Gender and Development to coordinate the policy;
• (iii) the specific measures taken to address discriminatory social and cultural attitudes, and stereotyped perceptions of women’s role in society;
• (iv) the measures taken to ensure that a greater proportion of women benefit from the LEAP;
• (v) any steps taken to develop and implement a national equality policy on grounds other than sex.

Statistics and enforcement. The Committee notes from the concluding observations of CEDAW that efforts are being made to improve the collection of sex-disaggregated data, including the recent launch of the National Strategy for the Development of Statistics (ibid., paragraph 42). The Committee would welcome information on the progress in the collection of sex-disaggregated data on employment, including regarding sectors, occupations and wage levels, and hopes that such data will be made available in the near future. Noting from the Government’s report that the National Labour Court deals with issues of employment and occupation arising out of the Convention, the Committee requests the Government to provide information on any cases brought before the National Labour Court on discrimination, and any cases of discrimination addressed by the labour inspectorate.

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

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

Repetition

Legislative developments. The Committee had previously noted that there was no legislation or national policy to implement the Convention. The Committee notes that the Government with ILO technical assistance, is in the process of drafting a Decent Work Bill, with the involvement of the social partners. The Committee also notes the Government’s indication in its report to the Committee on the Elimination of Discrimination against Women that consideration is being given to drafting an equality law (CEDAW/C/LBR/6, 13 October 2008, page 24). The Committee hopes that the Decent Work Bill will be adopted in the near future, and expresses the firm hope that it will promote and ensure equality of opportunity in employment and occupation. The Committee requests the Government to ensure that the Decent Work Bill includes provisions explicitly defining and prohibiting direct and indirect discrimination, on at least all the grounds enumerated in Article 1(1)(a) of the Convention (race, colour, sex, religion, political opinion, national extraction and social origin), with respect to all aspects of employment and occupation, and covering all workers, including domestic workers and agricultural workers. Please provide information on any developments in this regard. The Committee also asks the Government to provide information on the status of the preparation of an equality law.

Sexual harassment. Referring to its 2002 general observation, the Committee urges the Government to ensure that the Decent Work Bill clearly defines and prohibits sexual harassment, encompassing both quid pro quo and hostile environment harassment. The Committee also requests the Government to provide information on specific measures taken to prevent and address sexual harassment in the workplace.

Article 2 of the Convention. National policy. The Government indicates in its report that a draft National Employment Policy is being drafted. The Committee also notes from the Government’s report to CEDAW that women are the most discriminated against and deprived people in Liberian society, and that gender inequalities and women’s marginalization are entrenched in traditional and religious stereotyped perceptions of women, which among other things, limit girls’ participation in education and women’s access to leadership and decision-making positions (CEDAW/C/LBR/6, 13 October 2008, pages 8 and 32). The Committee notes from the same report that the Ministry of Gender and Development initiated the process of drafting a National Gender Policy. The Committee also notes that the Liberian Employment Action Program (LEAP) aimed at stimulating employment creation, resulted in the creation of over 83,000 jobs between 2006 and 2007, with only 900 women benefiting from these jobs (ibid., page 59). The Committee also notes that CEDAW in its concluding observations, raises concerns regarding the lack of resources and capacity of the Ministry of Gender and Development to effectively coordinate the mainstreaming strategy (CEDAW/C/LBR/CO/6, 7 August 2009, paragraph 16). The Committee requests the Government to provide information on the following:

• (i) the content and status of the National Employment Policy, in so far as it relates to equality and non-discrimination;
• (ii) the content and status of the National Gender Policy, and on any steps taken to increase the capacity of the Ministry of Gender and Development to coordinate the policy;
• (iii) the specific measures taken to address discriminatory social and cultural attitudes, and stereotyped perceptions of women’s role in society;
• (iv) the measures taken to ensure that a greater proportion of women benefit from the LEAP;
• (v) any steps taken to develop and implement a national equality policy on grounds other than sex.

Statistics and enforcement. The Committee notes from the concluding observations of CEDAW that efforts are being made to improve the collection of sex-disaggregated data, including the recent launch of the National Strategy for the Development of Statistics (ibid., paragraph 42). The Committee would welcome information on the progress in the collection of sex-disaggregated data on employment, including regarding sectors, occupations and wage levels, and hopes that such data will be made available in the near future. Noting from the Government’s report that the National Labour Court deals with issues of employment and occupation arising out of the Convention, the Committee requests the Government to provide information on any cases brought before the National Labour Court on discrimination, and any cases of discrimination addressed by the labour inspectorate.

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

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

Legislative developments. The Committee had previously noted that there was no legislation or national policy to implement the Convention. The Committee notes that the Government with ILO technical assistance, is in the process of drafting a Decent Work Bill, with the involvement of the social partners. The Committee also notes the Government’s indication in its report to the Committee on the Elimination of Discrimination against Women that consideration is being given to drafting an equality law (CEDAW/C/LBR/6, 13 October 2008, page 24). The Committee hopes that the Decent Work Bill will be adopted in the near future, and expresses the firm hope that it will promote and ensure equality of opportunity in employment and occupation. The Committee requests the Government to ensure that the Decent Work Bill includes provisions explicitly defining and prohibiting direct and indirect discrimination, on at least all the grounds enumerated in Article 1(1)(a) of the Convention (race, colour, sex, religion, political opinion, national extraction and social origin), with respect to all aspects of employment and occupation, and covering all workers, including domestic workers and agricultural workers. Please provide information on any developments in this regard. The Committee also asks the Government to provide information on the status of the preparation of an equality law.

Sexual harassment. Referring to its 2002 general observation, the Committee urges the Government to ensure that the Decent Work Bill clearly defines and prohibits sexual harassment, encompassing both quid pro quo and hostile environment harassment. The Committee also requests the Government to provide information on specific measures taken to prevent and address sexual harassment in the workplace.

Article 2 of the Convention. National policy. The Government indicates in its report that a draft National Employment Policy is being drafted. The Committee also notes from the Government’s report to CEDAW that women are the most discriminated against and deprived people in Liberian society, and that gender inequalities and women’s marginalization are entrenched in traditional and religious stereotyped perceptions of women, which among other things, limit girls’ participation in education and women’s access to leadership and decision-making positions (CEDAW/C/LBR/6, 13 October 2008, pages 8 and 32). The Committee notes from the same report that the Ministry of Gender and Development initiated the process of drafting a National Gender Policy. The Committee also notes that the Liberian Employment Action Program (LEAP) aimed at stimulating employment creation, resulted in the creation of over 83,000 jobs between 2006 and 2007, with only 900 women benefiting from these jobs (ibid., page 59). The Committee also notes that CEDAW in its concluding observations, raises concerns regarding the lack of resources and capacity of the Ministry of Gender and Development to effectively coordinate the mainstreaming strategy (CEDAW/C/LBR/CO/6, 7 August 2009, paragraph 16). The Committee requests the Government to provide information on the following:

(i)    the content and status of the National Employment Policy, in so far as it relates to equality and non-discrimination;

(ii)   the content and status of the National Gender Policy, and on any steps taken to increase the capacity of the Ministry of Gender and Development to coordinate the policy;

(iii)  the specific measures taken to address discriminatory social and cultural attitudes, and stereotyped perceptions of women’s role in society;

(iv)   the measures taken to ensure that a greater proportion of women benefit from the LEAP;

(v)    any steps taken to develop and implement a national equality policy on grounds other than sex.

Statistics and enforcement. The Committee notes from the concluding observations of CEDAW that efforts are being made to improve the collection of sex-disaggregated data, including the recent launch of the National Strategy for the Development of Statistics (ibid., paragraph 42). The Committee would welcome information on the progress in the collection of sex-disaggregated data on employment, including regarding sectors, occupations and wage levels, and hopes that such data will be made available in the near future. Noting from the Government’s report that the National Labour Court deals with issues of employment and occupation arising out of the Convention, the Committee requests the Government to provide information on any cases brought before the National Labour Court on discrimination, and any cases of discrimination addressed by the labour inspectorate.

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

Legislative developments. The Committee had previously noted that there was no legislation or national policy to implement the Convention. The Committee notes that the Government with ILO technical assistance, is in the process of drafting a Decent Work Bill, with the involvement of the social partners. The Committee also notes the Government’s indication in its report to the Committee on the Elimination of Discrimination against Women that consideration is being given to drafting an equality law (CEDAW/C/LBR/6, 13 October 2008, page 24). The Committee hopes that the Decent Work Bill will be adopted in the near future, and expresses the firm hope that it will promote and ensure equality of opportunity in employment and occupation. The Committee requests the Government to ensure that the Decent Work Bill includes provisions explicitly defining and prohibiting direct and indirect discrimination, on at least all the grounds enumerated in Article 1(1)(a) of the Convention (race, colour, sex, religion, political opinion, national extraction and social origin), with respect to all aspects of employment and occupation, and covering all workers, including domestic workers and agricultural workers. Please provide information on any developments in this regard. The Committee also asks the Government to provide information on the status of the preparation of an equality law.

Sexual harassment. Referring to its 2002 general observation, the Committee urges the Government to ensure that the Decent Work Bill clearly defines and prohibits sexual harassment, encompassing both quid pro quo and hostile environment harassment. The Committee also requests the Government to provide information on specific measures taken to prevent and address sexual harassment in the workplace.

Article 2 of the Convention. National policy. The Government indicates in its report that a draft National Employment Policy is being drafted. The Committee also notes from the Government’s report to CEDAW that women are the most discriminated against and deprived people in Liberian society, and that gender inequalities and women’s marginalization are entrenched in traditional and religious stereotyped perceptions of women, which among other things, limit girls’ participation in education and women’s access to leadership and decision-making positions (CEDAW/C/LBR/6, 13 October 2008, pages 8 and 32). The Committee notes from the same report that the Ministry of Gender and Development initiated the process of drafting a National Gender Policy. The Committee also notes that the Liberian Employment Action Program (LEAP) aimed at stimulating employment creation, resulted in the creation of over 83,000 jobs between 2006 and 2007, with only 900 women benefiting from these jobs (ibid., page 59). The Committee also notes that CEDAW in its concluding observations, raises concerns regarding the lack of resources and capacity of the Ministry of Gender and Development to effectively coordinate the mainstreaming strategy (CEDAW/C/LBR/CO/6, 7 August 2009, paragraph 16). The Committee requests the Government to provide information on the following:

(i)    the content and status of the National Employment Policy, in so far as it relates to equality and non-discrimination;

(ii)   the content and status of the National Gender Policy, and on any steps taken to increase the capacity of the Ministry of Gender and Development to coordinate the policy;

(iii) the specific measures taken to address discriminatory social and cultural attitudes, and stereotyped perceptions of women’s role in society;

(iv)  the measures taken to ensure that a greater proportion of women benefit from the LEAP;

(v)   any steps taken to develop and implement a national equality policy on grounds other than sex.

Statistics and enforcement. The Committee notes from the concluding observations of CEDAW that efforts are being made to improve the collection of sex-disaggregated data, including the recent launch of the National Strategy for the Development of Statistics (ibid., paragraph 42). The Committee would welcome information on the progress in the collection of sex-disaggregated data on employment, including regarding sectors, occupations and wage levels, and hopes that such data will be made available in the near future. Noting from the Government’s report that the National Labour Court deals with issues of employment and occupation arising out of the Convention, the Committee requests the Government to provide information on any cases brought before the National Labour Court on discrimination, and any cases of discrimination addressed by the labour inspectorate.

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:

Having previously noted that there was no legislation or national policy to implement the Convention, the Committee hopes the Government will soon be in a position to provide full information on any administrative, legislative or other measures which are explicitly designed to eliminate discrimination based on all of the seven grounds prohibited by the Convention (race, colour, sex, religion, political opinion, national extraction or social origin) and to promote equality of opportunity and treatment in respect of employment and occupation. The Committee also requests the Government to provide full information on how the Convention is applied in practice in conformity with Parts II–V of the report form.

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 which read as follows:

Having previously noted that there was no legislation or national policy to implement the Convention, the Committee hopes the Government will soon be in a position to provide full information on any administrative, legislative or other measures which are explicitly designed to eliminate discrimination based on all of the seven grounds prohibited by the Convention (race, colour, sex, religion, political opinion, national extraction or social origin) and to promote equality of opportunity and treatment in respect of employment and occupation. The Committee also requests the Government to provide full information on how the Convention is applied in practice in conformity with Parts II–V of the report form.

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 that the Government’s report has not been received.

Having previously noted that there was no legislation or national policy to implement the Convention, the Committee hopes the Government will soon be in a position to provide full information on any administrative, legislative or other measures which are explicitly designed to eliminate discrimination based on all of the seven grounds prohibited by the Convention (race, colour, sex, religion, political opinion, national extraction or social origin) and to promote equality of opportunity and treatment in respect of employment and occupation. The Committee also requests the Government to provide full information on how the Convention is applied in practice in conformity with Parts II to V of the report form.

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

The Committee refers to its general observation regarding the country’s obligations to report on ratified Conventions.

Taking due account of the crisis which has affected the country and having previously noted that there was no legislation or national policy to implement the Convention, the Committee hopes the Government will soon be in a position to provide full information on any administrative, legislative or other measures which are explicitly designed to eliminate discrimination based on all of the seven grounds prohibited by the Convention (race, colour, sex, religion, political opinion, national extraction or social origin) and to promote equality of opportunity and treatment in respect of employment and occupation. The Committee also requests the Government to provide full information on how the Convention is applied in practice in conformity with Parts II to V of the report form.

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

Failure to report. The Committee notes that for the past ten years the Government’s report has not been received or did not contain any information in reply to the Committee’s comments. Having previously noted that there was no legislation or national policy to implement the Convention, the Committee once again urges the Government to provide full information on any administrative, legislative or other measures which are explicitly designed to eliminate discrimination based on all of the seven grounds prohibited by the Convention (race, colour, sex, religion, political opinion, national extraction or social origin) and to promote equality of opportunity and treatment in respect of employment and occupation. The Committee also requests the Government to provide full information on how the Convention is applied in practice in conformity with Parts II to V of the report form.

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

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

The Committee notes the Government’s statement to the effect that there is no legislative text or regulation in Liberia which is contrary to the principle of non-discrimination in employment and occupation set out in the Convention. It also notes the Decree of 1982, issued by the Armed Forces Redemption Council of the Republic of Liberia, implementing the ILO’s Conventions, including this Convention. However, the Committee draws the Government’s attention to the fact that it is not sufficient to promote equality in the Constitution, since action is also needed to ensure equality in practice. Indeed, experience shows that the implementation of the Convention also requires the adoption of affirmative measures to remove and correct de facto inequalities in order to allow the members of groups which are subject to discrimination to participate in working life in all sectors and occupations and at all levels of responsibility. For this reason, the Committee once again requests information on any administrative, legislative or other measures which are explicitly designed to eliminate discrimination based on any of the seven grounds prohibited by the Convention (race, colour, sex, religion, political opinion, national extraction or social origin) and to promote equality of opportunity and treatment in respect of employment and occupation. To facilitate its task, the Committee invites the Government to refer to Chapter IV (Implementation of principles) of its 1988 General Survey on equality in employment and occupation.

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

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

The Committee notes the Government’s statement to the effect that there is no legislative text or regulation in Liberia which is contrary to the principle of non-discrimination in employment and occupation set out in the Convention. It also notes the Decree of 1982, issued by the Armed Forces Redemption Council of the Republic of Liberia, implementing the ILO’s Conventions, including this Convention. However, the Committee draws the Government’s attention to the fact that it is not sufficient to promote equality in the Constitution, since action is also needed to ensure equality in practice. Indeed, experience shows that the implementation of the Convention also requires the adoption of affirmative measures to remove and correct de facto inequalities in order to allow the members of groups which are subject to discrimination to participate in working life in all sectors and occupations and at all levels of responsibility. For this reason, the Committee once again requests information on any administrative, legislative or other measures which are explicitly designed to eliminate discrimination based on any of the seven grounds prohibited by the Convention (race, colour, sex, religion, political opinion, national extraction or social origin) and to promote equality of opportunity and treatment in respect of employment and occupation. To facilitate its task, the Committee invites the Government to refer to Chapter IV (Implementation of principles) of its 1988 General Survey on equality in employment and occupation.

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

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 in relevant parts read as follows:

        The Committee notes the Government’s statement to the effect that there is no legislative text or regulation in Liberia which is contrary to the principle of non-discrimination in employment and occupation set out in the Convention. It also notes the Decree of 1982, issued by the Armed Forces Redemption Council of the Republic of Liberia, implementing the ILO’s Conventions, including this Convention. However, the Committee draws the Government’s attention to the fact that it is not sufficient to promote equality in the Constitution, since action is also needed to ensure equality in practice. Indeed, experience shows that the implementation of the Convention also requires the adoption of affirmative measures to remove and correct de facto inequalities in order to allow the members of groups which are subject to discrimination to participate in working life in all sectors and occupations and at all levels of responsibility. For this reason, the Committee once again requests information on any administrative, legislative or other measures which are explicitly designed to eliminate discrimination based on any of the seven grounds prohibited by the Convention (race, colour, sex, religion, political opinion, national extraction or social origin) and to promote equality of opportunity and treatment in respect of employment and occupation. To facilitate its task, the Committee invites the Government to refer to Chapter IV (Implementation of principles) of its 1988 General Survey on equality in employment and occupation.

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

1. The Committee notes that the Government has not commented on the subject and once again invites it to provide detailed information in its next report on the manner in which the current troubles have affected the application of the Convention in practice.

2. The Committee notes the Government's statement to the effect that there is no legislative text or regulation in Liberia which is contrary to the principle of non-discrimination in employment and occupation set out in the Convention. It also notes the Decree of 1982, issued by the Armed Forces Redemption Council of the Republic of Liberia, implementing the ILO's Conventions, including this Convention. However, the Committee draws the Government's attention to the fact that it is not sufficient to promote equality in the Constitution, since action is also needed to ensure equality in practice. Indeed, experience shows that the implementation of the Convention also requires the adoption of affirmative measures to remove and correct de facto inequalities in order to allow the members of groups which are subject to discrimination to participate in working life in all sectors and occupations and at all levels of responsibility. For this reason, the Committee once again requests information on any administrative, legislative or other measures which are explicitly designed to eliminate discrimination based on any of the seven grounds prohibited by the Convention (race, colour, sex, religion, political opinion, national extraction or social origin) and to promote equality of opportunity and treatment in respect of employment and occupation. To facilitate its task, the Committee invites the Government to refer to Chapter IV (Implementation of principles) of its 1988 General Survey on equality in employment and occupation.

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

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

1. The Committee has noted the Government's statement that, while Liberia continues to make progress with resolution of the current crisis, it conducts its activities within provisions of the Constitution of 3 July 1984 and thereby promotes equality of opportunity. Noting that article 18 of the Liberian Constitution provides that "All Liberian citizens shall have equal opportunity for work and employment regardless of sex, creed, religion, ethnic background, place of origin or political affiliation, and shall be entitled to equal pay for equal work", the Committee expresses the hope that the Government's next report will provide details on any further legislative or administrative practices, or other measures, aimed specifically at eliminating discrimination and at promoting equality of opportunity and treatment in employment and occupation.

2. The Committee requests the Government to inform it how the present security situation is affecting the application of the Convention.

3. To assist the Government in reporting, the Committee would refer it generally to paragraphs 157 to 160 of its 1988 General Survey on equality in employment and occupation which describes the implementation of the principle of the Convention through methods appropriate to national conditions and practice.

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

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

1. The Committee has noted the Government's statement that, while Liberia continues to make progress with resolution of the current crisis, it conducts its activities within provisions of the Constitution of 3 July 1984 and thereby promotes equality of opportunity. Noting that article 18 of the Liberian Constitution provides that "All Liberian citizens shall have equal opportunity for work and employment regardless of sex, creed, religion, ethnic background, place of origin or political affiliation, and shall be entitled to equal pay for equal work", the Committee expresses the hope that the Government's next report will provide details on any further legislative or administrative practices, or other measures, aimed specifically at eliminating discrimination and at promoting equality of opportunity and treatment in employment and occupation.

2. The Committee requests the Government to inform it how the present security situation is affecting the application of the Convention.

3. To assist the Government in reporting, the Committee would refer it generally to paragraphs 157 to 160 of its 1988 General Survey on equality in employment and occupation which describes the implementation of the principle of the Convention through methods appropriate to national conditions and practice.

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

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

1. The Committee has noted the Government's statement that, while Liberia continues to make progress with resolution of the current crisis, it conducts its activities within provisions of the Constitution of 3 July 1984 and thereby promotes equality of opportunity. Noting that article 18 of the Liberian Constitution provides that "All Liberian citizens shall have equal opportunity for work and employment regardless of sex, creed, religion, ethnic background, place of origin or political affiliation, and shall be entitled to equal pay for equal work", the Committee expresses the hope that the Government's next report will provide details on any further legislative or administrative practices, or other measures, aimed specifically at eliminating discrimination and at promoting equality of opportunity and treatment in employment and occupation.

2. The Committee requests the Government to inform it how the present security situation is affecting the application of the Convention.

3. To assist the Government in reporting, the Committee would refer it generally to paragraphs 157 to 160 of its 1988 General Survey on equality in employment and occupation which describes the implementation of the principle of the Convention through methods appropriate to national conditions and practice.

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

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:

1. The Committee has noted the Government's statement that, while Liberia continues to make progress with resolution of the current crisis, it conducts its activities within provisions of the Constitution of 3 July 1984 and thereby promotes equality of opportunity. Noting that article 18 of the Liberian Constitution provides that "All Liberian citizens shall have equal opportunity for work and employment regardless of sex, creed, religion, ethnic background, place of origin or political affiliation, and shall be entitled to equal pay for equal work", the Committee expresses the hope that the Government's next report will provide details on any further legislative or administrative practices, or other measures, aimed specifically at eliminating discrimination and at promoting equality of opportunity and treatment in employment and occupation.

2. The Committee requests the Government to inform it how the present security situation is affecting the application of the Convention.

3. To assist the Government in reporting, the Committee would refer it generally to paragraphs 157 to 160 of its 1988 General Survey on equality in employment and occupation which describes the implementation of the principle of the Convention through methods appropriate to national conditions and practice.

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

1. The Committee has noted the Government's statement that, while Liberia continues to make progress with resolution of the current crisis, it conducts its activities within provisions of the Constitution of 3 July 1984 and thereby promotes equality of opportunity. Noting that article 18 of the Liberian Constitution provides that "All Liberian citizens shall have equal opportunity for work and employment regardless of sex, creed, religion, ethnic background, place of origin or political affiliation, and shall be entitled to equal pay for equal work", the Committee expresses the hope that the Government's next report will provide details on any further legislative or administrative practices, or other measures, aimed specifically at eliminating discrimination and at promoting equality of opportunity and treatment in employment and occupation.

2. The Committee requests the Government to inform it how the present security situtation is affecting the application of the Convention.

3. To assist the Government in reporting, the Committee would refer it generally to paragraphs 157 to 160 of its 1988 General Survey on Equality in Employment and Occupation which describes the implementation of the principle of the Convention through methods appropriate to national conditions and practice.

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

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

It refers to the general observation it is making on the situation in Liberia and expresses the hope that a report on the application in law and in practice of this Convention will be supplied for examination by the Committee at its next session, specifying what legislation, administrative practices or other measures are in force to eliminate discrimination and to promote equality of opportunity and treatment in employment, as required by the Convention.

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

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

It refers to the general observation it is making on the situation in Liberia and expresses the hope that a report on the application in law and in practice of this Convention will be supplied for examination by the Committee at its next session, specifying what legislation, administrative practices or other measures are in force to eliminate discrimination and to promote equality of opportunity and treatment in employment, as required by the Convention.

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, which read as follows:

1. Further to its previous comments, the Committee notes that the Government's last reports do not contain any information on the progress made in the adoption of the draft labour code and merely repeats the statement made in previous reports that the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation will be declared through the proposed new labour code, when enacted. The Committee recalls that the Government has been referring to the proposed new labour code since 1974. The Committee notes however that following a direct contacts mission which visited Liberia from 10 to 19 May 1989, the new labour code was adopted by the House of Representatives in November 1989, and is presently before the Senate. The Committee trusts that the Government will soon be in a position to indicate that the new labour code has entered into force, and to supply a copy thereof.

2. In its previous comments, the Committee noted that the Government was studying the possibility of introducing measures and technical arrangements to give effect to the principle of equality of remuneration in the various branches of the economy. It hoped that the Government would provide information on the progress made and on the measures adopted or under consideration. The Government's last report contains no such information. In this respect, the Committee notes that section 18 of the Liberian Constitution provides that all Liberian citizens shall have equal opportunity for work and employment, and that all shall be entitled to equal pay for equal work. The Committee again requests the Government to indicate in its next report the progress made in introducing measures to implement the principle of equal remuneration in the various branches of the economy, and to provide information on the practical application of section 18 of the Constitution.

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:

1. Further to its previous comments, the Committee notes that the Government's last reports do not contain any information on the progress made in the adoption of the draft labour code and merely repeats the statement made in previous reports that the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation will be declared through the proposed new labour code, when enacted. The Committee recalls that the Government has been referring to the proposed new labour code since 1974. The Committee notes however that following a direct contacts mission which visited Liberia from 10 to 19 May 1989, the new labour code was adopted by the House of Representatives in November 1989, and is presently before the Senate. The Committee trusts that the Government will soon be in a position to indicate that the new labour code has entered into force, and to supply a copy thereof.

2. In its previous comments, the Committee noted that the Government was studying the possibility of introducing measures and technical arrangements to give effect to the principle of equality of remuneration in the various branches of the economy. It hoped that the Government would provide information on the progress made and on the measures adopted or under consideration. The Government's last report contains no such information. In this respect, the Committee notes that section 18 of the Liberian Constitution provides that all Liberian citizens shall have equal opportunity for work and employment, and that all shall be entitled to equal pay for equal work. The Committee again requests the Government to indicate in its next report the progress made in introducing measures to implement the principle of equal remuneration in the various branches of the economy, and to provide information on the practical application of section 18 of the Constitution.

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

1. Further to its previous comments, the Committee notes that the Government's last reports do not contain any information on the progress made in the adoption of the draft labour code and merely repeats the statement made in previous reports that the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation will be declared through the proposed new labour code, when enacted. The Committee recalls that the Government has been referring to the proposed new labour code since 1974. The Committee notes however that following a direct contacts mission which visited Liberia from 10 to 19 May 1989, the new labour code was adopted by the House of Representatives in November 1989, and is presently before the Senate. The Committee trusts that the Government will soon be in a position to indicate that the new labour code has entered into force, and to supply a copy thereof.

2. In its previous comments, the Committee noted that the Government was studying the possibility of introducing measures and technical arrangements to give effect to the principle of equality of remuneration in the various branches of the economy. It hoped that the Government would provide information on the progress made and on the measures adopted or under consideration. The Government's last report contains no such information. In this respect, the Committee notes that section 18 of the Liberian Constitution provides that all Liberian citizens shall have equal opportunity for work and employment, and that all shall be entitled to equal pay for equal work. The Committee again requests the Government to indicate in its next report the progress made in introducing measures to implement the principle of equal remuneration in the various branches of the economy, and to provide information on the practical application of section 18 of the Constitution.