Liberia- 1st- Workers’ rights

CHAPTER TWO: SITUATIONAL ANALYSIS

2.3. Thematic Focus of the NAPBHR

2.3.2. Labor Rights

Liberia’s population is increasing and so is the labor supply, especially in urban areas. Population growth has resulted in large increases in the working-age population and has contributed to high rates of unemployment and underemployment, particularly in urban areas, due to migration. One in five workers is unemployed or underemployed in Liberia, and 90 percent of the population is in the informal sector. Informal-sector workers and part time workers are not covered by wage, hours, inspections, and other crucial Decent Work Act provisions… Workers generally face physical danger and poor working conditions. Business is largely unregulated, leaving workers vulnerable to human rights abuses, including exploitation and other forms of risks.

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The Liberian workforce faces enormous challenges. Labor rights, such as providing workers, outside of public service, the right to freely form or join independent unions, bargain collectively, and conduct legal strikes or engage in “go-slow”; are guaranteed under the decent Work Act, 2015. The act further prohibits anti-union discrimination and allows unions to conduct their activities without interference from employers, parties, or the government. Nonetheless, the government does not effectively enforce the law in every sector.

CHAPTER THREE: POLICY ACTION

3.2. Labor Rights

The following policy actions shall be undertaken to address labor-related abuses and violations.

a) State’s Duty to Protect Labor Rights.

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iii. The Ministry of Labor shall take steps to curb the incidence of casualization in labor as well as hazardous, unsafe, and discriminatory workplace practices. Accordingly, it shall strengthen its monitoring and implementation processes to give effect to applicable laws. Where any law is not in compliance with human rights standards, that law shall be reviewed. Adequate education of the public shall be carried out to empower members of the public to demand a letter of contract/engagement from employers irrespective of the nature or duration of their work engagement.

b) Corporate Responsibility to Respect Labour Rights.

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ii. The rights of staff shall be made clear as they relate to respect for human rights. Staff 30 shall also be trained in various aspects of human rights, especially as they pertain to company operations. It is expected that the policy shall allocate roles and responsibilities and state the department(s) in the company that has responsibility for human rights issues. This shall apply to all companies irrespective of size, scope of operations, or type of business.

iii. Companies and other places of business shall conspicuously display hard copies of the Decent Work Act in areas for easy access by workers.

c) Access to Remedy for labor-related human rights abuses and violations.

In the post-conflict period, the government committed to reforming the judiciary to enhance access to justice by the population, including persons seeking remedies for human rights abuse or violation. Regarding business-related infringements, the following measures have been taken:

i. Passage of the Decent Work Act that spells out and upholds the rights of labor, among which is the Decent Work Bill.

ii. Passage of the Civil Service Standing Order which safeguards the rights of public sector workers.

iii. Strengthening access to justice using innovative tools such as the ADR.

iv. Revision of the Criminal Procedure Law to provide for “plea bargains” in labor-related cases to reduce lengthy trials and their associated costs. v. The administrative hearing mechanism within the MoL shall be capacitated to expedite labor disputes and become more accessible.