Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Libéria (Ratification: 1959)

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.