Interim Report - Report No 241, November 1985

Case No 1219 (Liberia) - Complaint date: 09-MAY-83 - Closed

1. 551. The Committee examined this case in February 1984 and again in May 1984, when it submitted interim reports to the Governing Body (see 233rd Report, paras. 628-658, approved by the Governing Body at its 225th Session (February-March 1984); and 234th Report, paras. 585-611, approved by the Governing Body at its 226th Session (May-June 1984)). Subsequently, the Government sent further information in a communication dated 15 May 1985.
2. 552. Liberia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.087), and the Right to Organise and Collective Bargaining Convention, 1949 (No.098).

A. Previous examination of the case

1. 553. When the Committee examined this case at its May 1984 Session, it made the following recommendations:
   • a) as regards the suspension of the National Agriculture and Allied Workers' Union of Liberia, the Committee recalls the importance it attaches to the principle that workers' organisations must not be subject to suspension by administrative decision. It again urges the Government to lift without delay the suspension order affecting the union since 15 November 1982 and to keep it informed of any decision taken in this respect;
   • b) as regards the labour dispute with the Firestone Plantations Company, the suspension of the union and the dismissal of 1,200 union members employed by the company, the Committee requests the Government to indicate whether the dispute has been settled and, if so, whether an agreement has been signed between the union and the employer. It also requests the Government to send its observations and detailed information on the alleged dismissal of NAAWUL members employed by the Firestone Plantations Company;
   • c) as regards the general ban on strikes introduced by Decree No. 12 of 30 June 1980, which abolished the right to strike and stipulated that labour disputes must be arbitrated solely by the Ministry of Labour and Youth and Sports, the Committee urges the Government to lift the ban which has been in effect for nearly four years, and which constitutes in itself a serious violation of trade union rights. It again draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to this aspect of the case;
   • d) finally, as regards the union funds originating from the World Confederation of Labour and, specifically, the charge of embezzlement against the union's General Secretary, the Committee considers that, in order to reach a decision in full possession of the facts, it needs to examine the findings of the audit of the union's accounts and requests the Government to send it a copy of the report.

B. The Government's reply

1. 554. In its communication of 15 May 1985, the Government states that the principle that workers' organisations must not be suspended by administrative decision is being observed in law and in practice, and refers the Committee to section 4103 of the Labour Practices Law. It further states that the suspension of NAAWUL was requested by its members who alleged that the union's funds were being embezzled and who wished the union's accounts to be audited; that the suspension was a prerequisite for the audit; and that it was lifted on 3 October 1984 after completion of the audit.
2. 555. With regard to the labour dispute between NAAWUL and the Firestone Plantations Company and the dismissal of 1,200 union members, the Government refers to its awareness of the deadlock in negotiations between the company and NAAWUL which was resolved by the Firestone Employees' Council before concluding a collective agreement now in force and which will expire in November 1985. It denies awareness of any mass dismissal of Firestone employees for being members of NAAWUL, and points out that section 4600(2) of the Labour Practices Law prohibits discrimination against employees because of membership of a labour organisation.
3. 556. On the subject of the general ban on strikes introduced by Decree No. 12 of 30 June 1980, the Government states that the measure was passed to temporarily prevent workers from going on strike following a variety of strikes (involving, inter alia, the destruction of property) which took place in the aftermath of the Popular Revolution of April 1980. It goes on to state that, as emphasised in its previous response, the right to strike is available under section 4503 of the Labour Practices Law, but that the country is currently passing through a transitory period so that the measure is necessary to maintain law and order while workers' education is being introduced by the ILO. The temporary ban on strikes will be lifted as soon as the workers' education being introduced starts to bear fruit.
4. 557. Lastly, the Government denies awareness of any pending case against any member of NAAWUL for the violation of section 4111 of the Labour Practices Law or embezzlement of the union's funds, and states that all efforts will be made to make a copy of the audit available to the Committee in response to its request.

C. The conclusions of the Committee

1. 558. The Committee notes with interest the Government's statement that the principle that workers' organisations must not be suspended by administrative decision is being observed in law and in practice, and also that the suspension of NAAWUL was lifted on 3 October 1984. It observes that the suspension of NAAWUL none the less lasted for a period of nearly one year and 11 months, and that the courts do not appear to have been involved in this regard. While the lifting of the suspension leads the Committee to the view that this aspect of the case does not call for further examination, it takes the opportunity to draw attention to the importance it attaches to the principle established in Article 4 of Convention No. 87 that workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority.
2. 559. With regard to the dispute at the Firestone Plantations Company, the Committee regrets that the Government did not supply detailed information relating to the allegation concerning the dismissal of 1,200 union members, but notes the Government's denial of any awareness of a mass dismissal of NAAWUL members as well as the assurance contained in its statement that discrimination against employees because of membership of a labour organisation is prohibited.
3. 560. The Committee also takes note of the Government's indication that the dispute has been resolved as a result of an agreement concluded with the Firestone Company's Employees' Council which is at present in force and which expires in November 1985. In this regard, it notes that there is no reference to the part, if any, played by NAAWUL in any negotiations leading to the agreement, nor is there an indication as to when the agreement was concluded or to the date of its commencement. In the circumstances, the Committee requests the Government to supply it with information on these matters.
4. 561. On the subject of the general ban on strikes introduced by decree in June 1980, the Committee reiterates its view that this in itself constitutes a serious violation of trade union rights, and takes note of the observations made on this subject by the , and of the discussions which took place on this subject in the Committee on the Application of Conventions and Recommendations at the 70th and 71st Sessions of the International Labour Conference. While noting the statement of the Government's representative on the latter occasion that the decree was to be repealed with the introduction of the new Labour Code, the Committee draws attention to the principle that a general prohibition of strikes can only be justified in the event of an acute national emergency and for a limited period of time (204th Report, Case No. 952 (Spain), para. 161, Case No. 976 (Greece), para. 202; 214th Report, Case No. 1021 (Greece), para. 123; 234th Report, Case No. 1201 (Morocco), para. 550). It shares the hope expressed by the Conference Committee in 1985 that the Government will be led in the near future to adopt the Labour Code and other necessary measures so as to take due account of the divergencies noted by the Committee of Experts between the provision containing the ban on strikes and the Government's obligations in terms of Convention No. 87, especially as regards the rights of trade unions to defend the interests of their members and to organise their activities.
5. 562. The Committee notes the Government's statement that it is unaware of any pending charge against any member of NAAWUL for violation of section 4111 of the Labour Practices Law or embezzlement of union funds. It requests the Government to supply it with all relevant information, including the records of any judicial determinations, relating to the outcome of the proceedings referred to in earlier reports on this case involving a criminal charge of embezzlement which had been brought against the General Secretary of NAAWUL. It regrets that the Government has not so far made a copy of the audit of the union's accounts available, in response to the Committee's request and a reminder sent in July 1985, and in the circumstances renews its request in order that it may reach a decision in full possession of the facts concerning the allegation relating to union funds originating from the World Confederation of Labour.

The Committee's recommendations

1. 563. The Committee recommends the Governing Body to approve this interim report and, in particular, the following recommendations:
   • a) The Committee notes with interest the Government's statement that the principle that workers' organisations must not be suspended by administrative decision is being observed in law and in practice, and that the suspension of NAAWUL was lifted in October 1984. In the circumstances, it considers that this aspect of the case does not call for further examination.
   • b) The Committee notes, however, that the suspension was in effect for nearly one year and 11 months, and that the courts do not appear to have been involved in this regard; it accordingly draws attention to the importance it attaches to the principle established in Article 4 of Convention No. 87, namely that workers' and employers' organisations shall not be liable to be suspended or dissolved by administrative authority.
   • c) The Committee regrets that the Government did not supply detailed information regarding the allegation concerning the dismissal of 1,200 union members at the Firestone Plantations Company.
   • d) The Committee requests the Government to supply it with information concerning the part, if any, played by NAAWUL in the negotiations leading to the conclusion of a collective agreement with the Firestone Company's Employees' Council and as to the dates on which the agreement was concluded and entered into force.
   • e) With regard to the general ban on strikes introduced by decree in June 1980, the Committee reiterates its view that this constitutes a serious violation of trade union rights, and draws attention to the principle that such a prohibition can only be justified in the event of an acute national emergency and for a limited period of time; it shares the hope of the Conference Committee on the Application of Conventions and Recommendations in 1985 that the Government will in the near future adopt the Labour Code and other necessary measures which will enable due account to be taken of the divergencies between the provision containing the ban on strikes and the Government's obligations in terms of Convention No. 87, especially as regards the rights of trade unions to defend the interests of their members and to organise their activities.
   • f) The Committee requests the Government to supply it with the audit of the union's accounts and all relevant information (including the record of any judicial determinations) relating to the outcome of proceedings referred to in earlier reports on this case involving a criminal charge of embezzlement which had been brought against the General Secretary of NAAWUL, so that it may reach a decision in full possession of the facts concerning the allegation of misuse of union funds originating from the World Confederation of Labour.