Involvement of Employers’ and Workers’ organizations in the reporting process

YES

According to the Government: Involvement of the Cemenco Liberia Cement Corporation (CLCC), the Monrovia Breweries (MB), the Rubber Planters Association of Liberia (RPAL), the Liberian Agriculture Company (LAC), Firestone Liberia (FL), the Confederation of National Trade Unions of Liberia (CONATUL), the Federation of Road Transport Unions of Liberia (FRTUL), the United Seamen, Ports and General Workers’ Union of Liberia and the Liberia Federation of Labour Unions (USPOGUL-LFLU), the General Agriculture and Allied Unions (GAAWUL), the Federation of Agriculture Workers’ of Liberia (FAWUL) and the Press Union of Liberia (PUL) through communication of the baseline reports.

2007 AR: The Tripartite Resolution on the Humanization of Liberia Labour Force, adopted in October 2006, recommended the creation of an employers’ organization in Liberia.

OBSERVATIONS BY THE SOCIAL PARTNERS

Employers’ organizations

2007 AR: Observations by the LAC.

Observations by the RPAL.

Observations by the CLCC.

Observations by the MB.

Observations by FL.

Workers’ organizations

2008 AR: Observations by the USPOGUL-LFLU.

2007 AR: Observations by the CONATUL and its 19 affiliates.

Observations by the FRTUL and its 15 affiliates.

Observations by the USPOGUL-LFLU and its 14 affiliates.

Observations by the GAAWUL and its 8 affiliates.

Observations by the FAWUL.

Observations by the PUL.

2005-2006 ARs: Observations by the USPOGUL-LFLU.

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Ratification

Ratification status

Liberia ratified the Worst Forms of Child Labour Convention, 1999 (No. 182) (C.182).in 2003. However, it has not ratified the Minimum Age Convention, 1973 (No. 138) (C. 138).

Ratification intention

YES since 2005 for C.138.

2008 AR: The Government indicated that due to the recent change in Liberian Government, the ratification process has been slowed down but it added that C.138 was currently before the Senate (Committee on Labour) for approval.

The USPOGUL-LFLU indicated that C.138 was currently before the Senate (Committee on Labour) for approval.

2007 AR: The Government reiterated that ratification of C. 138 was being processed.

The Tripartite Resolution on the Humanization of Liberia Labour Force, adopted in October 2006, recommended ratification of C.138 by Liberia.

The CLLCC, the MB, the RPAL, the LAC, FL, the USPOGUL-LFLU, the CONATUL, the FRTUL, the USPOGUL-LFLU, the GAAWUL, the FAWUL and the PUL requested the Government to take immediate action to ratify this Convention in cooperation with ILO.

2006 AR: According to the Government: C.138 is before the plenary of the Parliament for final approval regarding its ratification.

2005 AR: The Government intended to soon ratify C.138.

Recognition of the principle and right (prospect(s), means of action, basic legal provisions)

Constitution

2006 AR: The 1986 Constitution, Article 6, puts emphasis on mass education and the elimination of illiteracy, including equal access to educational opportunities and facilities.

Policy, legislation and/or regulations

Policy

2007 AR: According to the Government: A national policy for compulsory education is being carried out. This policy promotes education for all based on «each one teach one».

Legislation

The Labour Law,1974, section 74.

2008 AR: According to the Government: a National Tripartite Conference will be organized in October 2007 in order to review labour legislations in Liberia.

2007 AR: The Tripartite Resolution on the Humanization of Liberia Labour Force, adopted in October 2006, recommended that legal loopholes on the minimum age in Liberia be solved in cooperation with the ILO.

Basic legal provisions

(i) The Constitution, article 6; and (ii) the Labour Law,1974, section 74.

Judicial decisions

NIL

Exercise of the principle and right

Compulsory education

2006-2007 ARs: According to the Government: it is carrying out a national policy for compulsory education. This policy promotes education for based on «each one teach one».

Minimum age

General minimum age for admission to employment or work: 16 years (with some exceptions).

2007 AR: The Tripartite Resolution on the Humanization of Liberia Labour Force, adopted in October 2006, recommended that the minimum age should be reviewed in Liberia to match with the age of children at the end of compulsory schooling.

2006 AR: the Labour Law, Subchapter D, section 74, prohibits child labour subject to criminal penalties, and provides for a general minimum age for admission to employment and work of 16 years.

2005 AR: General minimum age for admission to employment or work: 16 years (with some exceptions).

However, the Government stated that this was not enforced.

Worst Forms of Child Labour

C.182 has been ratified.

Special attention to particular situations

2007 AR: According to the CONATUL and the LFLU: Children working alongside with their parents in rubber plantations, and workers in the informal economy.

Information/Data collection and dissemination

2008 AR: The Government stated that a national survey on child labour should be launched shortly by the Department of Statistics.

2007 AR: According to the CONATUL: A mechanism for data collection on the principle and right (PR) should be established with ILO assistance.

2005-2006 ARs: According to the Government: There is a lack of information and data on the PR.

Monitoring, enforcement and sanctions mechanisms

2007 AR: The CONATUL indicated that the need to reactivate the National Commission on Child Labour (NACOMAL) in the near future is paramount.

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Involvement of the social partners

2007 AR: According to the Government: The case study and the workshop on the Humanization of Liberia Labour Force have been carried out in September and October 2006 in cooperation with the employers’ and workers’ organizations and the ILO.

The Tripartite Resolution on the Humanization of Liberia Labour Force, adopted in October 2006, recommended the creation of an employers’ organization in Liberia, the reactivation of various tripartite committees and the establishment of a Commission on Discrimination at the Workplace.

The USPOGUL-LFLU indicated that the Government had consulted the social partners before the amendment of the Labour Law.

2005 AR: According to the Government: A national tripartite conference was held in 2003, and a resolution calling for the establishment of a National Commission on Child Labour was adopted.

Promotional activities

2008 AR: The Government indicated that a tripartite national conference on labour law review will be organized in October 2007 and will engage the participation of the civil society. Moreover, a tripartite project is being currently discussed in collaboration with UNICEF and the International Rescue Committee (IRC). The Government added that 10 awareness workshops on child labour will soon be organized thanks to the financial support of the Government of Netherlands. Finally, it indicated that a national survey on child labour in Liberia will be launched in order to better the assess the particular issue in Liberia and also strengthen the Department of Statistics.

The UPSOGUL-LFLU indicated that it would be interested in participating to the national conference that will be held in October 2007.

2007 AR: According to the Government: A case study and a workshop on the Humanization of Liberia Labour Force have been carried out in September and October 2006 in cooperation with the employers’ and workers’ organizations and the ILO. The workshop adopted a tripartite resolution on this issue, including recommendations against child labour in Liberia.

The USPOGUL-LFLU stated that it had provided special assistance to labour unions to print promotional materials and encourage awareness raising programmes on the PR.

The CONATUL stated that it had supported the job creation policy of the Government to absorb the ex-child combatants.

2005 AR: According to the Government: The NACOMAL was created in 2003 and has since expanded to include both tripartite partners and child advocacy groups.

Special initiatives/Progress

2007 AR: According to the Government: The national policy for compulsory education for all based on «each one teach one» can be considered as a special initiative for the realization of the PR in Liberia. Moreover, a tripartite identification of realities and challenges faced in realizing the PR in the country has been carried out through a case study and a workshop on the Humanization of Liberia Labour Force, in cooperation with the ILO. This exercise concluded on a tripartite resolution on the Humanization of Liberia Labour Force that includes a request for technical cooperation for the better realization of the PR in the country.

According to FL: Following the prohibition of the presence of children accompanying their parents in rubber plantations and the building of schools in the plantation areas by the Firestone Company, school attendance in these areas raised by 300% between 2005 and 2006.

2006 AR: According to the Government: The NACOMAL was launched in May 2004 and includes employers’ and workers’ representatives and representatives of child advocacy groups. It monitors cases of child abuse (subject to criminal penalty) and takes corrective measures in accordance with national laws.

CHALLENGES IN REALIZING THE PRINCIPLE AND RIGHT

According to the social partners

Employers’ organizations

2007 AR: A tripartite identification of realities and challenges faced in realizing the PR in the country has been carried out through a case study and a workshop on the Humanization of Liberia Labour Force, in cooperation with the ILO. Employers made a significant contribution in this exercise.

According to the LAC: The effective abolition of child labour in Liberia is not possible in the foreseeable future because of poverty. Moreover, there are no monitoring and repressive mechanisms to realize the PR in Liberia.

Workers’ organizations

2008 AR: According to the USPOGUL-LFLU: there are important challenges namely: (i) logistical problems; (ii) capacity building; (iii) leadership lacks among the workers’ and employers’ associations; (iv) the problem of unionizing affecting thus the right to collective bargaining and (v) a lack of education and training among the social partners.

2007 AR: A tripartite identification of realities and challenges faced in realizing the PR in the country has been carried out through a case study and a workshop on the Humanization of Liberia Labour Force, in cooperation with the ILO. Workers’ organizations made a significant contribution in this exercise.

According to the CONATUL: (i) Political instability contributed to the inability of the Government to improve the realization of the PR in the country; (ii) no dissuasive legal procedures exist against violations of national laws and (iii) there is a lack of education on the PR among the social partners.

According to the USPOGUL-LFLU: No efforts are made by the Government to collect information or data on the PR.

2005 AR: According to the USPOGUL-LFLU: Ex-child combatants need to be reintegrated.

According to the Government

2008 AR: According to the Government: enactment and enforcement of labour legislations are yet to be realized. The issue of accountability is also important as the unions are usually owned by individuals without any form of membership system. The Government indicated some of the challenges put forth by the USPOGUL-LFLU that are (i) logistical problems; (ii) capacity building and (iii) a lack of education and training among the social partners.

2007 AR: A tripartite identification of realities and challenges faced in realizing the PR in the country has been carried out through a case study and a workshop on the Humanization of Liberia Labour Force, in cooperation with the ILO. The Ministry of Labour and other technical ministries made a significant contribution in this exercise.

TECHNICAL COOPERATION

Request

2008 AR: The Government and the USPOGUL-LFLU reiterated the same requests indicated in the 2007 AR.

The Government also wishes to participate at the ILO training courses on Participatory Labour law-making in Turin in October/November 2007.

The USPOGUL-LFLU added that social dialogue should be strengthen with the Ministry of Labour and that the assistance was required in regards with the merging of the workers’ associations in one single trade union.

2007 AR: Following a case study and a workshop on the Humanization of Liberia Labour Force, carried out in September and October 2006 in cooperation with the ILO, a tripartite resolution on this issue was adopted, including recommendations for technical cooperation on the PR. The Government, the employers and trade unions called for a special ILO/IPEC action to help implement this resolution and realize the fundamental principles and rights at work in Liberia.

In particular, the Liberian Agricultural Company observed that the ILO should provide assistance to the Government in establishing a Commission at the Ministry of Labour for the purpose monitoring and reporting cases of child labour in the Liberia.

The CONATUL and the CLCC indicated that more training and educational programmes for social partners are required to disseminate information on the PR. The CONATUL also requested for technical assistance in building the capacity of unions leaders and members.

The USPOGUL-LFLU indicated that there is an urgent need for special assistance to workers’ organizations to train their members and sensitize the public, and on the reintegration of the ex-child combatants into the community.

2006 AR: The Government reiterated its request for ILO technical cooperation and financial assistance for the operation of the National Commission on Child Labour (NACOMAL) that was launched in May 2004 and included employers’ and workers’ representatives and representatives of child advocacy groups. Furthermore, the Government welcomed ILO technical cooperation to organize a national tripartite seminar so as to assess priority needs related to the Declaration’s principles and rights and focus on implementation.

The Government supported the USPOGUL-LFLU’s request for technical cooperation.

According to the USPOGUL-LFLU: it wishes to be involved in the implementation of national programmes for the reintegration of child combatants. It also renews its request for technical and financial assistance to realize the PR among workers.

2005 AR: The Government requested ILO technical cooperation and financial assistance for the operation of the National Commission on Child Labour. Furthermore, the Government welcomed ILO technical cooperation to organize a national tripartite seminar, so as to assess priority needs related to the Declaration’s principles and rights and focus on implementation.

According to the USPOGUL-LFLU: There is a need for special assistance to workers’ organizations to sensitize the public and train its members on the reintegration of the ex-child combatants back into the community.

Offer

ILO, UNICEF, UNMIL, UNDP, UNDAF, USDOL, European Union, NGOs.

EXPERT-ADVISERS’ RECOMMENDATIONS/ OBSERVATIONS

2008 AR: The ILO Declaration Expert-Advisers (IDEAs) considered that universal ratification of the child labour Conventions was not a distant dream but an achievable goal, in view of the number of States, including Liberia, having expressed their intention to ratify C.138 and/or C.182 (Cf. Paragraph 56 of the 2008 Annual Review Introduction – ILO: GB.301/3).

GOVERNING BODY RECOMMENDATIONS

NIL