Definitive Report - Report No 204, November 1980

Case No 795 (Liberia) - Complaint date: 21-JUN-74 - Closed

1. 20. This case has been previously examined by the Committee at its November 1976 and November 1977 Sessions, when it submitted interim reports to the Governing Body.
2. 21. Liberia has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 22. The complaint and additional comments presented in 1974 and 1976 by the Miners' International Federation (MIF) referred to various incidents that had occurred at branches of the National Mine Workers' Union allegedly involving interference in the free exercise of trade union rights and activities. The events specifically involved intervention by ministers to allow the release of trade union funds to a person not authorised by the union to receive them; the appointment by the Minister of Labour of a trade union official; the arrest of a trade union official and the dismissal of other workers; an attempt by the Minister of Labour to conduct union elections; intervention by the Minister of Labour to incite a union branch to disaffiliate from a national union; prohibition of access by trade union officials to mining areas; prohibition of participation by certain unions in an election of representatives for collective bargaining purposes.
2. 23. Since it last examined the case the Committee has received a communication dated 7 June 1979 from the Government. Enclosed with this communication, the Government forwarded a copy of a letter dated 1 June 1979 from the National Mine Workers' Union to the Liberian Minister of Labour informing him that this Union had written on that same day to the MIF requesting it to stay further action on the complaint before the ILO. A copy of this letter to the MIF is also enclosed by the Government. The National Mine Workers' Union states in its letter to the MIF that the former Minister of Labour, Youth and Sports has been replaced, so that the situation which prompted the complaint to the ILO no longer exists. The letter gees on to say that the new Minister held a joint meeting with the new leadership of the local miners' unions and the National Mine Workers' Union and assured the locals that they were free to join this latter organisation without molestation from his ministry. Also according to the letter, immediately upon his appointment the Minister received a protest against the leadership of the United Workers' Congress (UWC) which had been allegedly sponsored by his predecessor in an effort to take away the mining locals; therefore he conducted fair elections as a result of which all these locals have left the UWC. The National Mine Workers' Union states that it is just a question of time before these locals will be reaffiliated with it, and that the new Labour Minister, supported by the President of the Republic, is giving full co-operation to the union. It therefore deems it expedient at this time to stay further action on the Matter before the ILO la accordance with the procedure of the Committee, by a letter dated 13 June 1979, a copy of the Government's letter of 7 June 1979 was sent to the MIF inviting it to submit any information or comments which it wished to make on the matter raised therein. This invitation was repeated in the Committee's 197th Report, paragraph 6, and 199th Report, paragraph 6. The MIF replied, confirming its affiliate's request for withdrawal of this complaint, is a letter dated 19 September 1980.
3. 24. In this last-mentioned letter, the MIF states that it has been informed by its national affiliate that late in 1978 and through the first five months of 1979 the Government of Liberia at all levels endeavoured to correct its poor relations with the miners' organisation. The new Minister of Labour has given interpretations and decisions sanctioned by law which greatly facilitate the exercise of free choice by workers at the mines and he has already undertaken a conducted tour, with the General Secretary of the national centre for the labour movement of Liberia (the Liberia Federation of Labour Unions), of all mining areas.

B. B. The Committee's conclusions

1. 25. In previous cases in which the Committee has been confronted with a request submitted to it for the withdrawal of a complaint, it has considered that the desire expressed by an organisation which has submitted a complaint to withdraw this complaint constitutes an element of which full account should be taken, but it is not sufficient in itself for the Committee to automatically cease to proceed further with the case. In such cases, the Committee has decided that it alone is competent to evaluate in full freedom the reasons put forward to explain the withdrawal of a complaint and to endeavour to establish whether these appear to be sufficiently plausible so that it may be concluded that the withdrawal is being made in full independence. In this connection, the Committee has noted that there might be cases in which the withdrawal of a complaint by the organisation presenting it was the result not of the fact that the complaint had become without purpose but of pressure exercised by the government against the complainants, the latter being threatened with an aggravation of the situation if they did not consent to this withdrawal.

The Committee's recommendations

1. 26. In the present case, the Committee notes that according to the national union's letter of 1 June 1979 and the complainant's letter of 19 September 1980, the situation which prompted the complaint no longer exists the Committee has also taken account of the fact that the allegations relate mainly to the period between 1974 and 1976 since which time there have been important political changes in the country. In these circumstances, it recommends the Governing Body to decide that this case does not call for further examination.