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.

2006 AR: Observations by the USPOGUL-LFLU.

2005 AR: Observations by the USPOGUL-LFLU.

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Ratification

Ratification status

Liberia ratified in 1959 the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (C.111). However, it has not ratified the Equal Remuneration Convention, 1951 (No. 100) (C.100).

Ratification intention

YES since 2005 for C.100.

2008 AR: The Government indicated that due to the recent change within the Liberian Government, the ratification process has been slowed down but added that the document was currently before the Committee on Labour of the Senate for approval.

The USPOGUL-LFLU indicated that C.100 was currently before the Committee on Labour of the Senate for approval.

2007 AR: The Government reiterated its intention to ratify C.100.

The Tripartite Resolution on the Humanization of Liberia Labour Force, adopted in October 2006, recommended ratification of C.100 by Liberia.

The CLLCC, the RPAL, the LAC, the USPOGUL-LFLU, the CONATUL, the FRTUL, the GAAWUL 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.100 is still in the ratification process and some positive developments are expected before the end of 2005 in this respect.

2005 AR: The new Government stated that it was committed to ratify C.100 in the near future.

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

Constitution

YES

The 1991 Constitution, under its articles 8, 11 and 18, provides for equal opportunity and treatment. The Tripartite Resolution on the Humanization of Liberia Labour Force, adopted in October 2006, recommended that article 18 of the Liberia Constitution, 1991, which refers to «equal pay for equal work» be amended to read «equal pay for work of equal value».

Policy, legislation and/or regulations

Policy

2007 AR: The case study and the tripartite Resolution on the Humanization of Liberia Labour Force, adopted in October 2006, recommended that the Government adopt a national policy on discrimination issues.

Legislation

2008 AR: According to the Government: a national tripartite Conference will be organized in October 2007 in order to review labour legislations in Liberia. It added that there is currently no specific legislation covering the issue of equal remuneration.

2007 AR: The case study and the tripartite Resolution on the Humanization of Liberia Labour Force, adopted in October 2006, recommended that legal loopholes on discrimination and equality at the minimum age in Liberia be solved in cooperation with the ILO.

2006 AR: According to the Government: The 1974 Labour Law also guarantees the principle of equal remuneration between men and women for work of equal value.

Basic legal provisions

The Constitution, 1991 (articles 8, 11 and 18); and (ii) the Labour Law, 1974.

Grounds of discrimination

C.111 is ratified.

Judicial decisions

NIL

Exercise of the principle and right

Special attention to particular situations

2007 AR: According to the CONATUL and the LFLU: workers in the informal economy.

Information/Data collection and dissemination

2007 AR: According to the GAAWUL: There is a lack of data collection on the principle and right (PR) in Liberia

Monitoring, enforcement and sanctions mechanisms

2007 AR: The Tripartite Resolution on the Humanization of Liberia Labour Force, adopted in October 2006, recommended the establishment of a Commission on Discrimination at Workplace.

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 were 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, inter alia, the creation of an employers’ organization in Liberia, the reactivation of various tripartite committees and the establishment of a Commission on Discrimination at Workplace.

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

Promotional activities

2008 AR: The Government indicated that a tripartite national conference should be held in October 2007 in order to review labour laws.

The USPOGUL-LFLU indicated that it would be interested in participating actively in 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 were 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 on discrimination at workplace.

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, the GAAWUL and the CLCC referred to their participation in training and consultation activities on the PR.

Special initiatives/Progress

2007 AR: According to the Government: A tripartite identification of the realities and challenges faced in realizing the PR in the country was 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 included a request for technical cooperation for the better realization of the PR in the country.

2006 AR: According to the Government: A Bill has been submitted to the National Assembly to amend the existing labour laws, which contain discriminatory clauses against workers. A project on HIV/AIDS at the workplace is being implemented in collaboration with the UNFPA.

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 was 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.

Workers’ organizations

2008 AR: According to the USPOGUL-LFLU: There are important challenges, namely: (i) logistical problems persist; and (ii) capacity building needs to be enhanced.

2007 AR: A tripartite identification of realities and challenges faced in realizing the PR in the country was 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 USPOGUL-LFLU and the GAAWUL: Labour laws need to be revised.

2005 AR: According to the USPOGUL-LFLU: There is no gender equity and women are underrepresented in leadership positions (ministers, deputies, trade unions).

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. The Government indicated some of the challenges put forward by the USPOGUL-LFLU that are (i) capacity building; and (ii) a lack of education and training among the employers’ and workers’ organizations.

2007 AR: A tripartite identification of realities and challenges faced in realizing the PR in the country was 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.

2005 AR: In response to the USPOGUL-LFLU’s comments, the Government stated that following the Accra Peace Accord (2003), it had no control over the appointment of officials, who were selected by various signatories to the Peace Agreement. It also indicated that it was giving due consideration to gender equity where it had authority to appoint.

2001 AR: According to the Government: The main difficulty encountered in realizing the PR was the lack of technical support during the Liberian civil war.

TECHNICAL COOPERATION

Request

2008 AR: The Government and the USPOGUL-LFLU reiterated the same requests indicated in the 2007 AR and called for special assistance of ILO in educational programme for women staff.

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

The USPOGUL-LFLU added that social dialogue should be strengthen with the Ministry of Labour and that ILO should assist the workers’ associations in the merging into one single trade union, like undertaken in Ghana.

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 action to help implement this resolution and realize the fundamental principles and rights at work (FPRW) in Liberia.

In particular, the CLCC requested training on the PR.

The USPOGUL-LFLU requested ILO technical cooperation to reform national labour laws.

The CONATUL mentioned the need for ILO technical cooperation to organize workers’ education workshops on the PR.

The GAAWUL called for ILO technical cooperation to realize the PR in the following areas: (i) capacity-building; and (ii) material support.

2005-2006 ARs: According to the Government: ILO technical and financial assistance would be necessary for the Follow-up of all Fundamental Principles and Rights at Work (FPRW) in the country. The first step should be assessing the priority needs through a National Tripartite Seminar on International Labour Standards (ILS) and the Declaration.

The USPOGUL-LFLU requested ILO technical and financial assistance on gender issues for trade unions so as to fight against general discrimination in the world of work. It observed that it was not involved in the national programme on HIV/AIDS at workplace run by the Government and the UNFPA. Therefore, it stressed the need for the involvement of the social partners and the ILO in this national programme on HIV/AIDS at the workplace, and requested that a national tripartite workshop be organized on this issue.

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

Offer

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

EXPERT-ADVISERS’ OBSERVATIONS/

RECOMMENDATIONS

2008 AR: The ILO Declaration Expert-Advisers (IDEAs) noted the intentions expressed by most governments, including the Government of Liberia, to ratify or consider ratification of Conventions Nos.100 and/or 111. They encouraged the governments to accelerate this process so as to make an important step forward towards universal ratification. Given that many countries have requested ILO technical cooperation in the ratification process (on the content of Conventions Nos. 100 and 111, labour law review, ratification process, etc.), the IDEAs requested the Office to strengthen its assistance in this regard (Cf. Paragraphs 66 and 67 of the 2008 Annual Review Introduction – ILO: GB.301/3).

GOVERNING BODY OBSERVATIONS/

RECOMMENDATIONS

NIL