Liberia

CHAPTER TWO: SITUATIONAL ANALYSIS
2.3 Thematic Focus of the NAPBHR

2.3.2. Labor Rights

[…] Forced child labor occurs in Liberia. In line with the traditional “ward” system, rural families often entrust their children to live with relatives, acquaintances, or even strangers in the cities, with the understanding that these children would be educated in the process. In some instances, these children are forced to work as street vendors, domestic servants, or beggars; or they (the girls) are exploited in commercial sex. Forced labor also occurs on agricultural plantations and small holder farms.

[…]

Despite existing legal provisions, challenges remain in the effective enforcement of minimum wage and overtime in all sectors, especially in small and medium enterprises. Penalties are less than those for fraud or negligence. The Ministry of Labor’s Inspection Department is responsible for enforcing government-established wage, hours, and health and safety standards in the formal sector, but the mandate is not monitored and there is no enforcement in the informal sector. There are limited labor inspections and joint monitoring visits by relevant government institutions – including the National Bureau of Concessions, Mold, the Environmental Protection Agency, the National Investment Commission, etc. – to enforce compliance (and duties such as on-site inspections for safety, child labor, and other human rights abuses and grievances) are not effective or are lackadaisical.

 The NAPBHR consultations identified the following concerns related to labor:

[…]

15. Increased number of children under 18 engaged in hazardous work.

CHAPTER THREE: POLICY ACTIONS

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.

[…]
ii. Concerning employment, the National Working Group on Business and Human Rights, when established, shall develop Guidance Notes for companies to manage their employment processes in compliance with human rights standards to ensure nondiscrimination and prevent child and forced labor. […]

3.3 Access to Remedy
Access to remedy within the context of the NAPBHR is aligned with Liberia National Development Plan. The following include the policy actions that the Government of Liberia intends to undertake:

[…]

c) Access to Remedy
Furthering post-conflict judicial reforms with the key goal of enhancing access to justice the following measures have been taken:
i. Constitution of the first “Juvenile Court” which was seated on 16 June 1997, on the day of the celebration of the African Child to improve the Juvenile justice system in Liberia.

ANNEX 1: SUMMARY OF POLICY ACTIONS/IMPLEMENTATION MATRIX

Thematic Area II: Labor Right

Activities/Intervention: The state shall develop Guidance Notes for companies to manage their employment processes in compliance with human rights standards. Indicators: Level of improvement in compliance with human rights standards (i.e. reduced child labor, forced labor, non-discrimination, etc.)

 

Read more about Children’s rights

The Liberia NAP does not make explicit reference to conflict-affected areas.

Read more about Conflict-affected areas

CHAPTER TWO: SITUATIONAL ANALYSIS

2.3.2 Labor Rights

[…] There is limited data on industrial accidents relative to mining, construction, forestry, fishing, and agriculture which are considered the most dangerous sectors. Hazardous occupations are especially dangerous in the informal sector, such as illegal fishing, logging, and mining, where the lack of regulation and remediation contributes to fatalities.

CHAPTER THREE: POLICY ACTIONS
3.4. Environment and Natural Resources

The following policy action shall be undertaken to address human rights issues related to the environment.

a) Under the State Duty to Protect the Environment, the government commits to the following:

iii. For environmental hazards and workplace safety standards, the EPA shall step up its periodic monitoring and inspection of company premises and operations. Also, the surroundings of manufacturing, construction, and extractive industries shall be monitored to ascertain compliance with environmental standards.

[…]

vii. For environmental hazards and workplace safety standards, there shall be periodic monitoring and inspection of company premises, operations, and surroundings of manufacturing, construction, and extractive industries, among others, to ascertain compliance with environmental standards.

Read more about Construction sector

CHAPTER THREE: POLICY ACTIONS
3.1. Land and Natural Resources

To address the human rights concerns related to land and natural resources, the government of Liberia intends to do the following:

a) The State’s Duty to Protect the right to land and natural resources.

[…]

v. Improve robust legislative oversights as well as its social contract side of effective pro people representation. All multimillion-dollar contracts particularly in the areas of land purchase or lease for mineral and forest resource extraction, as well as for purposes of agricultural plantation formation, shall take a “bottom-to-top” approach, wherein the local inhabitants of counties, districts, and communities, shall be meaningfully consulted.

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.

[…]

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

b) Corporate responsibility to Respect Labour Rights.

i. Produce a clear, simple, and understandable human rights policy within their value chain that reflects their commitment to promoting human rights in their operations. This policy shall guide all operations of the business and shall be conspicuously displayed either on the website, gate, or reception area of the company and must have a braille version for those with visual impairments.

3.3. Access to Remedy

Access to remedy within the context of the NAPBHR is aligned with Liberia National Development Plan.

The following include the policy actions that the Government of Liberia intends to undertake:

a) Duty to Protect

i. Improve human rights protection in business through legislation, policy initiatives and programs.

iii. Enforce and review existing laws or enact new legislation that requires businesses to respect human rights in their operations.

b) Corporate Responsibility to Respect

[…]

iii. Capacity building is critical in ensuring corporate responsibility to respect human rights. Businesses shall build the capacity of their staff to carry out human rights due diligence and implement their human rights policy which is critical in ensuring corporate responsibility to respect human rights. The NWGBHR – a coordinating body that will be created by the government to effectively implement the NAP (for 32 details, see 4.7 a) – shall be available to provide the requisite expertise where necessary.

iv. Companies and other places of business shall visibly display the Decent Work Act in areas for easy access by workers.

v. Every company shall have a clear, simple, understandable, and handy human rights policy within its value chain that reflects its commitment to promoting human rights in its operations. vi. In the policy, the rights of staff shall be made clear as relates to respect for human rights. Staff shall also be trained in various aspects of human rights especially as it pertains 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.

Read more about Corporate law & corporate governance

CHAPTER TWO: SITUATIONAL ANALYSIS

2.3.3 Access to Remedy

[…] Rural and urban indigents are encumbered with crippling court fees including illegal arrest and incarceration. Again, the formal system, including the courts and the Liberian National Police, while having made significant progress since the end of the war in 2003, nevertheless struggles to establish its legitimacy among the people. There is a general perception that the formal justice and rule of law system is challenged by corruption, ineffectiveness and is costly. 

2.3.5 Transparency and Accountability

[…] The need for transparency and accountability in tax payments by businesses, and the state’s harnessing and deploying taxes, are rooted in numerous international and domestic legal instruments. The ICCPR, UDHR, ICSECR, and the ACHPR’s, generally identify objectives obligating member states to strengthen resource mobilization, reduce corruption and strengthen revenue collection. As Liberia strives to implement its national development goals, public corruption, impunity, and weak accountability undermine the envisioned agenda. These challenges emanating from businesses and others seeking to misappropriate the public treasury have given birth to the establishment of integrity bodies charged with ensuring transparency and accountability. The Liberia Extractive Industries Transparency Initiative (LEITI), the General Auditing Commission (GAC), the Internal Auditing Bureau (IAA), and the Liberia Anti-Corruption Commission (LACC) are some such integrity institutions. […] 

The LACC was established by an Act of Legislature on 28 August 2008 with the mandate to investigate and prosecute acts of corruption, as well as educate the public about the ills of corruption and the benefits of eradicating corruption. In 2021, an amendment to the Act, known as the New Anti-Corruption Commission Act (2021) was passed by the legislature. A new board was appointed and started their duties in 2023.

CHAPTER THREE: POLICY ACTIONS

3.5. Transparency and Accountability

a) Under the State Duty to Protect

i. The government shall ensure the effective enforcement of the LACC Act which gives prosecutorial powers to the LACC. […]

Read more about Corruption

The Liberia NAP does not make explicit reference to data protection & privacy.

Read more about Data protection & privacy

The Liberia NAP does not explicitly mention development finance institutions.

Read more about Development finance institutions

CHAPTER TWO: SITUATIONAL ANALYSIS:
2.3.4. Environment
The NAPBHR consultations identified the following concerns related to environmental protection:

[…]

10: Lack of renewable energy strategies in addressing long-term provision of clean energy.

Read more about Energy sector

CHAPTER TWO: SITUATIONAL ANALYSIS:

2.3.4. Environment

Liberia has a strong legal framework for the protection of endangered and rare species, fresh water, and high forest habitats. The Liberian National Biodiversity Conservation Strategy and Action Plan (2020-2025), and the Environmental Protection and Management Act of 2002, detailed the categories of species and the specific need for protection. Penalties for contravention of such laws include fines and/or terms of imprisonment. For example, anyone who commits an offense related to the Environmental Impact Assessment Law in Liberia is liable upon conviction to imprisonment for a period not exceeding 5 years or to a fine not exceeding USD$10,000 or both. These legal frameworks provide avenues for seeking redress in relation to issues of environmental and business and human rights protection.

There are general and specific provisions for the protection of the ecosystems and habitats within current Liberian laws. The requirement to conduct environmental assessments prior to the commencement of development activities is to prevent/mitigate adverse impacts on the specified ecosystems and habitats. National zoning includes protection of high forest areas and important forest corridors, leading to some provisions for where agricultural and forestry activities are developed. Legal provisions for the protection of riparian buffers, steep slopes and extraction and use of water in forests, exist in the current laws. However, these provisions require clarification for agricultural developments. Provisions for the protection of vulnerable soils are still in development. Protections in agricultural developments rely indirectly on the general provisions under environmental impact assessments exercised by the Environmental Protection Agency (EPA) and based on the Environmental Protection and Management Law (EPML)

[…]

The adverse effects of environmental pollution and degradation are threatening lives everywhere. Pollution and environmental degradation constitute a human rights violation in alignment with the UN General Assembly’s recognition of the right to a safe, clean, healthy, and sustainable environment.

Among the chief perpetrators involved in environmental misuse and despoiling the fragile balance in nature are businesses such as logging, manufacturing, commercial agriculture, overfishing, mining, sand/mineral extraction. When such businesses and others remain unregulated, their operations contribute enormously to chronic or long-term illnesses and deaths. International instruments such as the Universal Declaration of Human rights and the African Charter on Human and Peoples Rights clearly express the rights of people to a clean and healthy environment.

The NAPBHR consultations identified the following concerns related to environmental protection:

1. Encroachment of human settlements into areas of biodiversity, such as mangroves and waterways, has the tendency to harm the fragility of these areas and thereby eventually affect the nature of the human food chain.
2. Contracting sacred lands out to concessionaires for business operations without communities’ FPIC [free, prior, and informed consent].
3. Slum settlements round concession areas, and where concession workers largely dwell, lack adequate sanitary facilities and workers depend on open defecation that leads to contagious disease outbreaks, stunting in young children, and other diseases.
4. Careless discharge of sewage and solid and hazardous wastes in drainages and natural water bodies by businesses.
5. Many Liberians depend on charcoal and other forms of biomass for cooking and heating, but felling of trees for charcoal production is leading to deforestation that accelerate climate change.
6. Air and water pollution that results in lack of access to safe and clean drinking water.
7. Deforestation and related loss of biodiversity.
8. River sand mining, soil erosion and degradation of soil threaten civil infrastructure and harm marine life.
9. Environmental degradation by artisanal and small-scale mining (ASM) interests.
10. Lack of renewable energy strategies in addressing long-term provision of clean energy.
11. Awarding large-scale land-based and long-tenure concession agreements that undermine community self-sufficiency and close access to their way of life.

CHAPTER THREE: POLICY ACTIONS

3.1. Land and Natural Resources
To address the human rights concerns related to land and natural resources, the government of Liberia intends to do the following:

 a) The State’s Duty to Protect the right to land and natural resources.

[…]
iv. Ensure the conduct of Human Rights Conflict and Environmental Impact Assessment when land is being acquired for development or business purposes.

v. Improve robust legislative oversights as well as its social contract side of effective propeople representation. All multimillion-dollar contracts particularly in the areas of land purchase or lease for mineral and forest resource extraction, as well as for purposes of agricultural plantation formation, shall take a “bottom-to-top” approach, wherein the local inhabitants of counties, districts, and communities, shall be meaningfully consulted. […]  

3.4. Environment and Natural Resources

The following policy action shall be undertaken to address human rights issues related to the environment.

a) Under the State Duty to Protect the Environment, the government commits to the following:

i. Hold public hearings on the Human Rights Conflict and Environmental Impact Assessment conducted when land is conceded for development or business purposes.

ii. Mandate adequate environmental standards at workplaces and closely monitor changes in environmental quality data.

[…]

v. The government shall ensure the conduct of Human Rights, Conflict and Environmental Impact Assessment when land is being acquired for development or business purposes.

vi. The government shall ensure the protection of rights to a clean and safe environment, along with the environmental impact assessment, to avoid human rights violations to occur. Adequate environmental standards at workplaces shall be strongly mandated and changes in environmental quality data shall be closely monitored.

vii. For environmental hazards and workplace safety standards, there shall be periodic monitoring and inspection of company premises, operations, and surroundings of manufacturing, construction, and extractive industries, among others, to ascertain compliance with environmental standards.

[…]

b) Under Corporate Responsibility to Respect

Regarding the right to a clean and healthy environment, the following action shall be undertaken:

[…]

ii. Every company shall have a clear, simple, and understandable human rights policy within its value chain that reflects its commitment to promoting human rights in its operations. In specific regard to environmental protection, a given business’ particular policy shall highlight these key concerns: (a) Strategy of a sustainable partnership with their host community that demonstrates how to avoid land, water, and air pollution, and listed steps to be taken when land, water, and air pollution occurs; (b) Framework of collaboration with host communities, specifying methodology and timeline for regular environmental protection sensitization involving the community and other stakeholders.

c) Access to Remedy for Environmental Abuses

i. Enforce compliance with Environmental and Social Impact Assessment (ESIA)

ii. Review and strengthen the polluter-pay principles. iii. Suspend concessions operations and ensure remedial actions for polluters.

Read more about Environment & climate change

CHAPTER TWO: SITUATIONAL ANALYSIS
2.1 Introduction

[…] The various stakeholders’ consultations and research conducted between 2019 and 2023 revealed that various human rights violations and abuses occured across the Liberian business sectors – including industrial and artisanal mining, retail and services, manufacturing, fishery, and agribusiness. These abuses happen irrespective of the size or niche of business operations. Sexual harassment and sexual exploitation and abuse (SEA), low remuneration and poor working conditions, including inadequate safety gears, gender discrimination and employment discrimination against persons with disabilities, non-compliance with legal best practices, violation of corporate responsibility in concessional areas, illegal harvesting of timber and mineral resources – these are among several crosscutting concerns that have always attended the business, workplace, and human rights landscape.[…].

2.3.2. Labour rights

[…] There is labor discrimination concerning gender, disability, HIV-positive status, sexual orientation, and gender identity. Women experience economic discrimination based on cultural traditions discouraging their employment outside the home in rural areas. In most instances, men’s wages tend to exceed that of women. Persons with different sexual orientations and people with disabilities face hiring discrimination, and persons with disabilities face difficulty accessing their workplaces and accommodations […].

The NAPBHR consultations identified the following concerns related to labor:

[…]
6. Wage discrimination based on special interest.

7. Employment discrimination against persons with disabilities (PWDs).

2.3.6. Gender, People with Disabilities, and Other Vulnerable Groups.

To fully protect and guarantee adequate human rights for all persons, it is important to deal fairly and humanely with the cause of women and vulnerable groups within society. In other words, responding to gender issues is critical in the strive for human rights.

Across the globe, unfortunately, prevalent social exclusion, widespread inequalities and lack of empowerment, discrimination when accessing employment opportunities, limited access to justice, and domestic violence and sexual exploitation and abuse – all continue to hinder women and girls in many ways. And the listed detriments are equally faced by people with disabilities as well. In many societies people with disabilities live on the margins and are not appropriately catered to; the improved space and services they require to function autonomously as human beings, for instance, are not readily available, which cause their quality and full enjoyment of life to gravely suffer.

Due to the vulnerability of women and persons with disabilities, the Government of Liberia has taken measures to mainstream gender considerations and protect PWDs in business. The government is strongly committed to gender equality as a means of maintaining peace, reducing poverty, enhancing justice, and promoting development. The government recognizes that to assure equal opportunities and participation in management and decision-making at all levels of society, women’s and men’s different experiences, needs, concerns, vulnerabilities, capacities, visions, and contributions must be systematically considered in the country’s ongoing reconstruction efforts. Among other things, the commitment to gender equality is reflected through the government’s ratification of several international and regional treaties, declarations, and agreements on gender equality and the empowerment of women […].

Read more about Equality & non-discrimination

The Liberia NAP does not make explicit reference export credit.

Read more about Export credit

CHAPTER TWO: SITUATIONAL ANALYSIS
2.1. Introduction
[…] The various stakeholders’ consultations and research conducted between 2019 and 2023 revealed that various human rights violations and abuses occurred across the Liberian business sectors – including industrial and artisanal mining… r etail and services, manufacturing, fishery, and agribusiness. These abuses happen irrespective of the size or niche of business operations. These abuses happen irrespective of the size or niche of business operations. Sexual harassment and sexual exploitation and abuse (SEA), low remuneration and poor working conditions, including inadequate safety gears, gender discrimination and employment discrimination against persons with disabilities, non-compliance with legal best practices, violation of corporate responsibility in concessional areas, illegal harvesting of timber and mineral resources – these are among several crosscutting concerns that have always attended the business, workplace, and human rights landscape. These findings were also highlighted in the report of the United Nations Working Group on Business and Human Rights following their visit to Liberia from 31 October to 11 November 2022.

2.2. Liberia’s Experience with Business and Human Rights
[…] Over the decades, the extraction and commercialization of the country’s natural resources have been a source of tension and sometimes conflict between forest and resource-dwelling communities, companies, and the government. These have mostly been concerning marginalization of the local communities in policy formulation and other decision-making processes, limited benefits, and inaccessibility of benefits from the companies and the government to communities living in and around the resources.[…].

2.3 Thematic Focus of the NAPBHR
2.3.1. Land and Natural Resources
The Liberian economy heavily relies on the mining sector, particularly iron ore, which contributed almost half of the country’s earnings before 1990. Since 2006, significant investments from major players like Arcelor Mittal, Bea Mountain, China Union, and others, have fuelled the sector. While iron ore dominates, Liberia also possesses substantial deposits of diamonds, gold, manganese, bauxite, uranium, zinc, and lead. Mineral exports, including raw or semi-finished products, constitute 20% of the country’s total export earnings, with large international companies holding mineral development agreements. […]
A decade of policy and legal reforms targeting land and the natural resource sector and progress towards more inclusive decision-making about natural resources and benefit sharing is reshaping the relationships among communities, the government, and the private sector. In principle, this marks a dramatic and progressive shift from past predatory approaches to governance when large segments of the Liberian population “were systematically excluded and marginalized from institutions of political governance and access to key economic assets”10 including land and land-based resources.

2.3.2. Labor Rights
[…] There is limited data on industrial accidents relative to mining, construction, forestry, fishing, and agriculture which are considered the most dangerous sectors. Hazardous occupations are especially dangerous in the informal sector, such as illegal fishing, logging, and mining, where the lack of regulation and remediation contributes to fatalities. […]
2.3.4. Environment
[…] Among the chief perpetrators involved in environmental misuse and despoiling the fragile balance in nature are businesses such as logging, manufacturing, commercial agriculture, overfishing, mining, sand/mineral extraction. When such businesses and others remain unregulated, their operations contribute enormously to chronic or long-term illnesses and deaths. International instruments such as the Universal Declaration of Human rights and the African Charter on Human and Peoples Rights clearly express the rights of people to a clean and healthy environment.

The NAPBHR consultations identified the following concerns related to environmental protection:
[…]

9. Environmental degradation by artisanal and small-scale mining (ASM) interests.

2.3.5 Transparency and Accountability
[…] As Liberia strives to implement its national development goals, public corruption, impunity, and weak accountability undermine the envisioned agenda. These challenges emanating from businesses and others seeking to misappropriate the public treasury have given birth to the establishment of integrity bodies charged with ensuring transparency and accountability. The Liberia Extractive Industries Transparency Initiative (LEITI), the General Auditing Commission (GAC), the Internal Auditing Bureau (IAA), and the Liberia Anti-Corruption Commission (LACC) are some such integrity institutionsLEITI was established in 2007 for the purpose of promoting good resource governance through the implementation of the international criteria and principles of the Extractive Industries Transparency Initiative (EITI). In July 2021, the Liberian Government agreed to join the Open Extractive Program (OEP), a brainchild of the Open Ownership (OO), which is being conjointly implemented with EITI. The OEP is dedicated to enabling government and companies to disclose high quality and open Beneficial Ownership (BO) information, build capacity of key stakeholders to use and analyze BO data and organize regional and global peer exchange program to facilitate sharing of implementation challenges, opportunities, and successes. In August 2022, the Liberia Business Registry and LEITI, along with other international partners, also developed a decision document and organized consultation with key stakeholders to deliberate on core aspects of the planned BO regulations. The project was launched by the Government of Liberia on 29 September 2023. […].

CHAPTER THREE: POLICY ACTIONS
3.1. Land and Natural Resources
To address the human rights concerns related to land and natural resources, the government of Liberia intends to do the following:
[…]
b) Corporate Responsibility to Respect the rights to land and natural resources:
i. Businesses shall have Community Relations Guidelines as part of their corporate accountability. This shall be developed in conjunction with the community stakeholders – in this case, in communities offering leases for concession plantations and mining concerns.

3.4. Environment and Natural Resources
The following policy action shall be undertaken to address human rights issues related to the environment.
a) Under the State Duty to Protect the Environment, the government commits to the following:
[…]
iii. For environmental hazards and workplace safety standards, the EPA shall step up its periodic monitoring and inspection of company premises and operations. Also, the surroundings of manufacturing, construction, and extractive industries shall be monitored to ascertain compliance with environmental standards. […].

Read more about Extractives sector

CHAPTER THREE: POLICY ACTIONS
3.3. Access to Remedy

Access to remedy within the context of the NAPBHR is aligned with Liberia National Development Plan.

The following include the policy actions that the Government of Liberia intends to undertake:

[…]

c) Access to Remedy

[…]

xii. Encourage Strategic/Innovative Litigation; not just locally where these businesses are carried out, but also in the home countries of the respective multinational companies in instances where the violation is caused by transnational corporations. Such litigation would raise awareness of corporate liability for human rights abuses.

Read more about Extraterritorial jurisdiction

CHAPTER TWO: SITUATIONAL ANALYSIS
2.1. Introduction

[…] The various stakeholders’ consultations and research conducted between 2019 and 2023 revealed that various human rights violations and abuses occurred across the Liberian business sectors –  including industrial and artisanal mining, retail and services, manufacturing, fishery, and agribusiness.. These abuses happen irrespective of the size or niche of business operations. […]

2.3.2 Labor Rights

[…] There is limited data on industrial accidents relative to…fishing, and agriculture which are considered the most dangerous sectors. Hazardous occupations are especially dangerous in the informal sector, such as illegal fishing, logging, and mining, where the lack of regulation and remediation contributes to fatalities.[…]

2.3.4. Environment

[…] Among the chief perpetrators involved in environmental misuse and despoiling the fragile balance in nature are businesses such as… overfishing… When such businesses and others remain unregulated, their operations contribute enormously to chronic or long-term illnesses and deaths. International instruments such as the Universal Declaration of Human rights and the African Charter on Human and Peoples Rights clearly express the rights of people to a clean and healthy environment.[…]

Read more about Fisheries and aquaculture sectors

CHAPTER TWO: SITUATIONAL ANALYSIS
2.3.2 Labor Rights

[…] Forced child labor occurs in Liberia. In line with the traditional “ward” system, rural families often entrust their children to live with relatives, acquaintances, or even strangers in the cities, with the understanding that these children would be educated in the process. In some instances, these children are forced to work as street vendors, domestic servants, or beggars; or they (the girls) are exploited in commercial sex. Forced labor also occurs on agricultural plantations and small holder farms.

CHAPTER THREE: POLICY ACTIONS

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

[…]

ii. Concerning employment, the National Working Group on Business and Human Rights, when established, shall develop Guidance Notes for companies to manage their employment processes in compliance with human rights standards to ensure nondiscrimination and prevent child and forced labor.[…].

Read more about Forced labour & modern slavery

CHAPTER TWO: SITUATIONAL ANALYSIS

2.3. Thematic Focus of the NAPBHR

2.3.2. Labour Rights

[…] 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. These notwithstanding, there are still significant challenges regarding adequate protection for those who go on strike and some protections depend on whether property damage has occurred and is measurable. Some of the penalties under the act are not consistent with similar provisions in other pieces of legislations, involving denials of civil rights. Furthermore, administrative, and judicial procedures are subject to lengthy delays or appeals and to outside interference, such as bribes, coercion, and intimidation by politicians.

Read more about Freedom of association

The Liberia NAP does not make explicit reference to the garment, textile and footwear sector.

Read more about Garment, Textile and Footwear Sector

CHAPTER ONE: BACKGROUND
1.2. Objectives of the NAPBHR

The objectives of the NAPBHR are:

vi. To offer clear remedial pathways for business-related gender abuses.

CHAPTER TWO: SITUATIONAL ANALYSIS

2.1. Introduction

The various stakeholders’ consultations and research conducted between 2019 and 2023 revealed that various human rights violations and abuses occurred across the Liberian business sectors – including… gender discrimination…

2.3.2. Labor Rights

[…] There is labor discrimination concerning gender, disability, HIV-positive status, sexual orientation, and gender identity. Women experience economic discrimination based on cultural traditions discouraging their employment outside the home in rural areas. In most instances, men’s wages tend to exceed that of women. […]

2.3.6. Gender, People with Disabilities, and Other Vulnerable Groups.

To fully protect and guarantee adequate human rights for all persons, it is important to deal fairly and humanely with the cause of women and vulnerable groups within society. In other words, responding to gender issues is critical in the strive for human rights.

[…]

The government is strongly committed to gender equality as a means of maintaining peace, reducing poverty, enhancing justice, and promoting development. The government recognizes that to assure equal opportunities and participation in management and decision-making at all levels of society, women’s and men’s different experiences, needs, concerns, vulnerabilities, capacities, visions, and contributions must be systematically considered in the country’s ongoing reconstruction efforts. Among other things, the commitment to gender equality is reflected through the government’s ratification of several international and regional treaties, declarations, and agreements on gender equality and the empowerment of women.

At the national level, the government has enacted laws and adopted policies and programs towards enhancing the equality of men and women in Liberia. The laws include the Domestic Relations Law; the Inheritance Act of 1998, which specifies equal rights in marriage and inheritance under customary and statutory laws; the Rape Law of 2005, which outlaws gang rape and stipulates life-term sentence, particularly in aggressive forms of rape; and the antiHuman Trafficking Act of 2005. Moreover, the Liberia National Gender Policy prohibits trafficking in persons. Examples of the government’s gender-specific policies are the National Gender-Based Violence Plan of Action (2006), and the Policy on Girl Child Education (2006). In the education sphere, section 1.4 of the Education Law of Liberia provides that all Liberians including women have equal rights.

The primary goal of the National Gender Policy is to mainstream gender in the national development processes, enhance women’s and girls’ empowerment for sustainable and equitable development, and create and strengthen gender-responsive structures and mechanisms in which both women and men can participate and benefit from development programs on an equal basis.

Notwithstanding the efforts applied so far, the NAP consultations identified the following concerns:

1. Women’s participation in leadership and decision-making remains low, with only 11 percent women representation in the legislature (at the time of this document’s crafting).
2. Women continue to have limited access to education, health, and judicial services, which has severely curtailed their participation in the formal economy.
3. Lack of qualified women is often cited as the main reason for the limited representation of women in various sectors, including the security sector.
4. Women and girls continue to suffer sexual abuse and gender-based violence.
5. Sexual Exploitation and Abuse (SEA) remains prevalent in the society.
6. Unwanted pregnancies continue to be registered in many parts of the country, including in places where people converge to find work.
7. Public infrastructures continue to be “unfriendly” to persons with mobility challenges.
8. Lack of meaningful consultation with women about projects being carried out on their land, or the lack of a clear mechanism for participation in decisions about the development of their community.

CHAPTER THREE: POLICY ACTIONS

This chapter presents strategic policy actions that the Government of Liberia intends to undertake during the next five years. These have been clustered under the six thematic areas of focus for this plan and aligned to the three pillars of the United Nations Guiding Principles on Business and Human Rights.

3.1. Land and Natural Resources

[…]

c) Access to Remedy for Land and Natural Resources-related human rights violations and abuses

Below are the policy actions on access to remedy for land and natural resources human rights abuses and violations:

i. The Liberia Land Authority (LLA) shall ensure that issues related to women’s property rights are part of the Land Commission’s efforts.

[…]

3.6. Gender, Persons with Disabilities and Other Vulnerable Groups

Policy actions on addressing gender and other related business and human rights concerns.

a) State Duty to Protect

i. The government shall take measures to mainstream gender considerations in business and human rights. In the awarding of scholarships or other benefits from business corporate social responsibility, including employment, contracts, and compensation, special consideration shall be taken to cater to the interests of women[.]

ii. In all business-related meetings, consultations, dialogues, or negotiations, the government shall adopt a policy that ensures women…are fully represented.

iii. Labor practices that are discriminatory to women…for employment, promotion, and incentives, will be addressed and eliminated.

iv. Given the vulnerability of women…the government shall take measures to mainstream Gender Considerations in Business and Human Rights.

v. Accordingly, in all meetings, consultations, dialogue, or negotiations, women…shall be fully represented.

b) Corporate Responsibility to Respect

i. Under Corporate Responsibility to respect gender concerns, the CRG shall provide for such things as employment, community development, contracts, scholarships,

ii. To ensure inclusiveness, gender consideration and broad representation of all interests shall be considered.

c) Access to remedy

i. Under Access to Remedy, girls’ education is being encouraged at all levels to resolve the issue of limited women’s participation in the formal economy.

ii. Also, the government has introduced affirmative action that assigns a 30 percent quota to women’s representation in the national legislature.

iii. In terms of the strive to end sexual offenses against women, Criminal Court E, a specialized court specifically dealing with sexual and gender-based offenses, has been established in Monrovia. (Altogether, three such courts have been established in Bong, Montserrado and Nimba Counties; and other circuit courts in the leeward counties also have jurisdiction to address SGBV cases.) Notwithstanding, there is an urgent need to establish similar specialized courts in the remaining 11 counties.

Read more about Gender & women’s rights

CHAPTER ONE: BACKGROUND

1.2 Objectives of the NAPBHR

[…]
ii. To guide businesses on the measures they should undertake to meet their responsibility to respect human rights in their operations. iii. To promote human rights due diligence by businesses as a viable measure of preventing businesses’ adverse impacts on people.

CHAPTER THREE: POLICY ACTIONS

3.3. Access to Remedy

Access to remedy within the context of the NAPBHR is aligned with Liberia National Development Plan.

The following include the policy actions that the Government of Liberia intends to undertake:

a) Duty to Protect

[…]

viii. Train business operators to be able to develop a coherent, robust, and implementable human rights policy; and establish, maintain, and monitor their grievance mechanisms. Also, build their capacity on monitoring and reporting compliance with the UNGPs.

b) Corporate Responsibility to Respect

[…]
iii. Capacity building is critical in ensuring corporate responsibility to respect human rights. Businesses shall build the capacity of their staff to carry out human rights due diligence and implement their human rights policy which is critical in ensuring corporate responsibility to respect human rights. The NWGBHR – a coordinating body that will be created by the government to effectively implement the NAPBHR (for 32 details, see 4.7 a) – shall be available to provide the requisite expertise where necessary.

c) Access to Remedy
Furthering post-conflict judicial reforms with the key goal of enhancing access to justice the following measures have been taken: […]
vii. Training business operators to be able to develop a coherent, robust, and implementable human rights policy; and establish, maintain, and monitor their grievance mechanisms. Also, building their capacity on monitoring and reporting compliance with the UNGPs.

Read more about Guidance to business

CHAPTER 2: SITUATIONAL ANALYSIS

2.3. Thematic Focus of the NAPBHR

2.3.3 Access to Remedy

The government aids victims of sexual offenses, including those of business and human rights violations, with provision of lawyers, medical and psychosocial support, safe homes for short stays and sometimes relocation. However, there are still challenges that affect the full realization of an effective remedy for victims of business-related abuses or violations. These include lack of awareness, slow litigation, and absence of other remedial measures.

Read more about Health and social care

CHAPTER ONE: BACKGROUND
1.2. Objectives of the NAPBHR
The Objectives of this NAPBHR are:

[…]
v. To protect environmental and human rights defenders.

CHAPTER THREE: SITUATONAL ANALYSIS
3.3. Access to Remedy

Access to remedy within the context of the NAPBHR is aligned with Liberia National Development Plan.

The following include the policy actions that the Government of Liberia intends to undertake:

a) Duty to Protect

vi. Enforce Whistleblower Protection to protect whistleblowers from any form of victimization or retaliation and encourage employees of both public and private sectors to report cases of human rights abuses and violations without fear of losing their jobs.

3.4. Environment and Natural Resources

The following policy action shall be undertaken to address human rights issues related to the environment.

a) Under the State Duty to Protect the Environment, the government commits to the following:

ix. The government shall champion the importance and guarantee the legitimacy of the work of human rights defenders including community members who speak out against corporate environmental harm and human rights violations.

c) Access to Remedy

v. Respond to any attacks on human rights defenders with prompt, transparent and independent investigations, processes of accountability, and the full provision of remedies.

vi. Provide remedies for all human rights defenders who suffer individual abuse at the hands of state or non-state actors. vii. Refrain from issuing official and unofficial statements stigmatizing human rights defenders, civil society groups, or protestors.

Read more about Human rights defenders & whistle-blowers

CHAPTER THREE: POLICY ACTION

3.2. Labor Rights

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

b) Corporate Responsibility to Respect Labour Rights

v. Businesses operating in Liberia shall be obligated to annually report on their human rights compliance. The National Working Group on Business and Human Rights shall work closely with various regulatory agencies to incorporate human rights reporting and monitoring templates in their regulatory framework. An appropriate sector-specific template and checklist shall be developed for this with input from relevant stakeholders in respective sectors. […]

3.5. Transparency and Accountability

a) Under the State Duty to Protect

iii. Regulatory bodies and agencies shall ensure periodic conduct of Human Rights Due Diligence and Human Rights Impact Assessment in all business operations to discover whether business institutions are in line with the NAPBHR.

[…]

b) Under Corporate Responsibility to Respect human rights (regarding transparency and accountability)

i. Businesses operating in Liberia shall be obligated to annually report on their human rights compliance.
ii. The NWGBHR shall work closely with various regulatory agencies to incorporate human rights reporting and monitoring templates in their regulatory framework. An appropriate sector-specific template and checklist shall be developed for this with input from relevant stakeholders in respective sectors.

iii. Businesses operating in Liberia shall be made to conduct Human Rights Due Diligence from the onset, which shall identify possible human rights violations arising from their operations. The HRDD shall address negative human rights impacts that may be linked directly or remotely to business operations, products, or services

[…]

vi. Businesses operating in Liberia shall be obligated to annually report on their human rights compliance. The NWGBHR shall work closely with various regulatory agencies to incorporate human rights reporting and monitoring templates in their regulatory framework. An appropriate sector-specific template and checklist shall be developed for this with input from relevant stakeholders in respective sectors.

c) Access to Remedy

i. Strengthen and resource relevant institutions to effectively monitor companies’ operation or activities.

ii. Establish redress mechanisms at the company level.

Read more about Human rights impact assessments

CHAPTER THREE: POLICY ACTIONS

3.1. Land and Natural Resources

To address the human rights concerns related to land and natural resources, the government of Liberia intends to do the following:

a) The State’s Duty to Protect the right to land and natural resources.

vii. The government shall ensure that companies conduct a thorough and detailed Stakeholder Identification and Analysis in their area of operations, and companies shall provide vital data for sustainable stakeholder consultation and engagement. (In light of this paragraph stakeholders suggest the circles of principal landed interests and their agents including indigenous and other local community leaders and members, CSOs and other advocacy groups.

[…]

c) Access to Remedy for Land and Natural Resources-related human rights violations and abuses

Below are the policy actions on access to remedy for land and natural resources human rights abuses and violations: v. Capacitating indigenous and other community leaders and decision-makers to negotiate with businesses and ensure that their rights are protected at all times.

Read more about Indigenous Peoples

The Liberia NAP does not make explicit reference to Investment treaties and investor-state dispute settlement (ISDS).

Read more about Investment treaties & investor-state dispute settlements

CHAPTER ONE: BACKGROUND

1.2. Objectives of the NAPBHR

The objectives of the NAPBHR are:
iv. To strengthen access to state-based judicial and non-judicial remedies for victims of business-related harm.

[…]

CHAPTER THREE: POLICY ACTIONS

3.2. Labor Rights

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

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.

vi. Amendments to the Criminal Procedure Law to provide for longer jury sitting days as opposed to the earlier 42 days required per term of Circuit Courts so that prosecutors and judges, particularly in the leeward counties, can remain in their respective jurisdictions for a longer period and to hear and prosecute as many cases as possible.

3.3. Access to Remedy

Access to remedy within the context of the NAPBHR is aligned with Liberia National Development Plan

The following include the policy actions that the Government of Liberia intends to undertake:
a) Duty to Protect

vii. Train judges and legal practitioners to mainstream the norms and tenets of human rights in their decisions when considering business related human rights cases.

ix. Strengthen regulatory agencies to enable them to monitor and evaluate the implementation of NAPBHR and provide remedies when violations occur.

c) Access to Remedy

Furthering post-conflict judicial reforms with the key goal of enhancing access to justice the following measures have been taken:

iii. The NWGBHR shall organize Consultative Engagement Sessions for Judicial Officers at various levels to address the problems of delay in resolving business-related human rights cases.

iv. The NWGBHR shall promote strategic litigation in seeking access to justice both locally and internationally. Such litigation would raise awareness of corporate liability for human rights abuses. The Working Group will liaise with the Liberia National Bar Association, NGOs, and faith-based legal aid bodies to explore possibilities of rendering legal aid to indigent persons or communities who are adversely affected by business operations but unable to pursue remedy due to cost.

[…]

vi. Training of judges and legal practitioners to mainstream the norms and tenets of human rights in their decisions when considering business related human rights cases.
xi. Organize consultative engagement sessions for judicial officers at various levels on addressing the problems of delay in resolving business-related human rights cases.

[…]

xiii. Capacity-building for these agencies [NWGBHR and NTWGBHR] to enable them to appreciate the human rights component of their mandate and enhance their ability to offer remedies pursuant to their statutory functions.

Read more about Judicial remedy

CHAPTER TWO: SITUATIONAL ANALYSIS

2.3. Thematic Focus of the NAPBHR

2.3.1. Land and Natural Resources

[…] A decade of policy and legal reforms targeting land and the natural resource sector and progress towards more inclusive decision-making about natural resources and benefit sharing is reshaping the relationships among communities, the government, and the private sector. In principle, this marks a dramatic and progressive shift from past predatory approaches to governance when large segments of the Liberian population “were systematically excluded and marginalized from institutions of political governance and access to key economic assets” including land and land-based resources.

[…]

To reinforce this shift, the government enacted the Land Rights Act in 2018. The Land Rights Act maintains “that all communities, families, individuals, and legal entities enjoy secure land rights free of the fear that their land will be taken from them, except in accordance with due process of law” and “to confirm, declare and ensure equal access and equal protection with respect to land ownership, use and management, including ensuring that Customary Land is given protection equal to Private Land and that land ownership is permitted for all Liberians regardless of their identity, whether based on custom, ethnicity, tribe, language, gender or otherwise.”

The Land Rights Act also explicitly declares customary land as private property, granting it constitutional protection, and granting the government the authority and responsibility to protect it as such…Given that the overwhelming majority of Liberians access, use, control, and transfer land based on customary norms, recognizing, and formalizing customary tenure will provide land tenure security for many Liberians, especially those in the rural parts of the country.

[…] consultations identified the following concerns related to land, natural resource development and business:

1. Limited direct community involvement in benefit redistribution mechanisms/systems from the exploitation of natural resources despite the constitutional imperative for equitable sharing of benefits.
2. Land grabs leading to food insecurity and loss of livelihoods for community dwellers. Such land grabs often involve forced evictions and other land rights violations.
3. Communities deprived of access to sacred lands and water.
4. Influx (recruiting contractors/workers while excluding members of affected communities breed conflict) of workers into plantation and logging areas resulting in increased conflict, land shortages, and other social vulnerability of women and girls.
5. Criminalization and harassment of community members and civil society organizations that stand up for their rights, with related impacts on their family and social status.
6. Lack of proper FPIC (Free, Prior and Informed Consent) process during creation of protected areas, monoculture plantations, logging concessions or other land-based investments.
7. Inadequate government monitoring in observing stakeholder’s engagement, and inadequate compliance with provisions of contracts and MoU and consultation lead to the detriment of host communities.
8. Lack of adequate human rights awareness and environmental impact assessment in awarding concessions.
9. Persistent conflicts between rural communities and concessions.
10. Exclusion of women in land ownership and decision making about land and natural resources governance.

CHAPTER THREE: POLICY ACTIONS

This chapter presents strategic policy actions that the Government of Liberia intends to undertake during the next five years. These have been clustered under the six thematic areas of focus for this plan and aligned to the three pillars of the United Nations Guiding Principles on Business and Human Rights.

3.1. Land and Natural Resources

To address the human rights concerns related to land and natural resources, the government of Liberia intends to do the following:

a) The State’s Duty to Protect the right to land and natural resources.

i. Support the inclusion of human rights policies and standards in all contracts by businesses and concessionaires. Memoranda of understanding and other businessrelated policy documents shall have a clause that spells out the human rights obligations of the parties, including possible sanctions for violations. Lead agencies to realize this goal shall include the Ministry of Justice, Ministry of Commerce, Ministry of Finance and Development Planning, National Bureau of Concession, National Investment Commission, Liberia Land Authority, and the Ministry of Labor

ii. Ensure attainment of Free, Prior, and Informed Consent of the host community to enable the community the right to give or withhold consent to proposed projects that may affect the lands they customarily own, occupy, or otherwise use. To do this, the government will use participatory methods of stakeholder identification and analysis to ensure FPIC is conducted before the commencement of any project. As a necessity in this regard, the capacity of community leaders and decision-makers will be enhanced to negotiate with businesses and ensure that their rights are protected, at all times.

iii. Ensure that companies conduct a thorough and detailed Stakeholder Identification and Analysis (SIA) in their area of operations, and companies shall provide invaluable data for sustainable stakeholder consultation and engagement. (In light of this proposition stakeholders suggest the circles of principal landowners’ interests and their agents; including community leaders and members, CSOs, and other advocacy groups.)

iv. Ensure the conduct of Human Rights Conflict and Environmental Impact Assessment when land is being acquired for development or business purposes.

v. Improve robust legislative oversights as well as its social contract side of effective pro-people representation. All multimillion-dollar contracts particularly in the areas of land purchase or lease for mineral and forest resource extraction, as well as for purposes of agricultural plantation formation, shall take a “bottom-to-top” approach, wherein the local inhabitants of counties, districts, and communities, shall be meaningfully consulted.

vi. Initiate efforts to minimize the negative impact of resettlement with emphasis on the livelihood system of affected communities. Environmental protection issues will be at the forefront, and all necessary considerations for alternatives to uprooting existing settlements will be given to avoid human rights abuses. Where resettlement for business becomes necessary, government and investors shall be guided by best practices such as the Principles of Resettlement enunciated by the African Development Bank (AfDB) and the International Finance Corporation (IFC).

vii. The government shall ensure that companies conduct a thorough and detailed Stakeholder Identification and Analysis in their area of operations, and companies shall provide vital data for sustainable stakeholder consultation and engagement. (In light of this paragraph stakeholders suggest the circles of principal landed interests and their agents including indigenous and other local community leaders and members, CSOs and other advocacy groups.)

b) Corporate Responsibility to Respect the rights to land and natural resources:

i. Businesses shall have Community Relations Guidelines as part of their corporate accountability. This shall be developed in conjunction with the community stakeholders – in this case, in communities offering leases for concession plantations and mining concerns.

ii. The Community Relations Guidelines shall draw from the report of the Human Rights Due Diligence (HRDD) and Human Rights Impact Assessment (HRIA). The company shall also be expected to conduct a Peace and Conflict Impact Assessment as part of its entry strategy. The extent of these assessments will depend on the kind of business the company is involved in.

c) Access to Remedy for Land and Natural Resources-related human rights violations and abuses

Below are the policy actions on access to remedy for land and natural resources human rights abuses and violations:  i. The Liberia Land Authority (LLA) shall ensure that issues related to women’s property rights are part of the Land Commission’s efforts.

Read more about Land

CHAPTER THREE: POLICY ACTIONS
3.2. Labor Rights

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

b) Corporate Responsibility to Respect Labour Rights.

iv. All businesses operating in Liberia shall be mandated to conduct Human Rights Due Diligence from the onset, which shall identify possible human rights violations arising from their operations. HRDD shall address negative human rights impacts which may be linked directly or remotely to business operations, products, or services. Where the state directly engages in business, the government assumes dual roles – i.e. the international human rights obligation to protect is retained – and having delved into business, the state also has an additional obligation to respect human rights from a corporate perspective.

3.3. Access to Remedy

Access to remedy within the context of the NAPBHR is aligned with Liberia National Development Plan.
The following include the policy actions that the Government of Liberia intends to undertake:

a) Duty to Protect

iv. Ensure that all businesses carry out Human Rights Impact Assessment before the commencement of business while those already in business should do so within two years following the adoption of the NAPBHR.

v. Mandate businesses to update and report on how they address the human rights impact of their operations.

[…]

b) Corporate Responsibility to Respect

iii. Capacity building is critical in ensuring corporate responsibility to respect human rights. Businesses shall build the capacity of their staff to carry out human rights due diligence and implement their human rights policy which is critical in ensuring corporate responsibility to respect human rights. The NWGBHR – a coordinating body that will be created by the government to effectively implement the NAPBHR (for details, see 4.7 a) – shall be available to provide the requisite expertise where necessary.

[…]

vii. Businesses operating in Liberia shall ensure that they conduct HRDD from the onset, which shall identify possible human rights violations arising from their operations. HRDD shall address negative human rights impacts which may be linked directly or remotely to business operations, products, or services.

3.5. Transparency and Accountability

a) Under the State Duty to Protect

iii. Regulatory bodies and agencies shall ensure periodic conduct of Human Rights Due Diligence and Human Rights Impact Assessment in all business operations to discover whether business institutions are in line with the NAPBHR.

[…]

b) Under Corporate Responsibility to Respect human rights (regarding transparency and accountability) iii. Businesses operating in Liberia shall be made to conduct Human Rights Due Diligence from the onset, which shall identify possible human rights violations arising from their operations. The HRDD shall address negative human rights impacts that may be linked directly or remotely to business operations, products, or services.

Read more about Mandatory human rights due diligence

The Liberia NAP does not make explicit reference to Migrant workers.

Read more about Migrant workers

CHAPTER THREE: POLICY ACTIONS
3.3 Access to Remedy

Access to remedy within the context of the NAPBHR is aligned with Liberia National Development Plan.

The following include the policy actions that the Government of Liberia intends to undertake:

c) Access to Remedy

viii. Businesses shall be obligated to have an Ombudsman System for the monitoring and 33 reporting of the activities of the grievance mechanism. This shall be established in line with the Eight Effectiveness Criteria of the UNGPs and in consultation with the target group.

ix. A system shall also be put in place for the monitoring and reporting of the activities of the Ombudsman System to identify issues and areas that require administrative, policy, or legislative intervention. xiv. Strengthening of the INCHR to discharge its quasi-judicial responsibilities in addressing human rights violations by businesses and rendering effective remedy.

Read more about National Human Rights Institutions/ Ombudspersons

The Liberia NAP does not make explicit reference to non-financial reporting.

Read more about Non-financial reporting

CHAPTER ONE: BACKGROUND

1.2. Objectives of the NAPBHR

The objectives of the NAPBHR are:
iv. To strengthen access to…non-judicial remedies for victims of business-related harm.

CHAPTER THREE: POLICY ACTIONS
3.1. Land and Natural Resources

 To address the human rights concerns related to land and natural resources, the government of Liberia intends to do the following:

c) Access to Remedy for Land and Natural Resources-related human rights violations and abuses

Below are the policy actions on access to remedy for land and natural resources human rights abuses and violations:

ii. The Business and Human Rights Inter-Ministerial Steering Committee, when established, shall take specific actions to adopt Alternative Dispute Resolution to complement the court-room litigation mechanisms to enhance access to remedy, in a people-centered, cost-effective, and expeditious way, for the mitigation of disputes and conflicts, to promote good BHR practices in Liberia. iii. The Ministry of Justice has formulated an ADR National Policy, with an Action Plan that has been approved by the Cabinet since 2021, as well as a draft ADR Bill currently under development for the establishment of an ADR Act that is intended to improve access to remedy.

3.2. Labor Rights

The following policy actions shall be undertaken to address labor-related abuses and violations.
c) Access to Remedy for labor-related human rights abuses and violations
iii. Strengthening access to justice using innovative tools such as the ADR.
v. The administrative hearing mechanism within the MoL shall be capacitated to expedite labor disputes and become more accessible.

3.3. Access to Remedy

Access to remedy within the context of the NAPBHR is aligned with Liberia National Development Plan.

The following include the policy actions that the Government of Liberia intends to undertake:

a) Duty to Protect

ix. Strengthen regulatory agencies to enable them to monitor and evaluate the implementation of NAPBHR and provide remedies when violations occur.

[…]

c) Access to Remedy

Furthering post-conflict judicial reforms with the key goal of enhancing access to justice the following measures have been taken:

ii. Strengthening of access to justice using innovative tools via ADR. There is a national policy on ADR by the MoJ as well as a proposed bill before the national legislature to make ADR a law.

[…]
x. Carry out intensive advocacy to the Judiciary to affect the issuance of legal proceedings that will facilitate the speedy resolution of cases of human rights violations by businesses. There will also be continuous sensitization of judges and magistrates on the Action Plan. In addition, the ADR approach will be encouraged.

[…]

xiv. Strengthening of the INCHR to discharge its quasi-judicial responsibilities in addressing human rights violations by businesses and rendering effective remedy.

3.5. Transparency and Accountability

c) Access to Remedy […]
ii. Establish redress mechanisms at the company level.

Read more about Non-judicial grievance mechanisms

The Liberia NAP does not make explicit reference to OECD National Contact Points (NCPs).

Read more about OECD National Contact Points

CHAPTER THREE: POLICY ACTIONS
3.6. Gender, Persons with Disabilities and Other Vulnerable Groups

Policy actions on addressing gender and other related business and human rights concerns.

a) State Duty to Protect
i. The government shall take measures to mainstream gender considerations in business and human rights. In the awarding of scholarships or other benefits from business corporate social responsibility, including employment, contracts, and compensation, special consideration shall be taken to cater to the interests of…persons with disabilities.
ii. In all business-related meetings, consultations, dialogues, or negotiations, the government shall adopt a policy that ensures… persons with disabilities are fully represented.

iii. Labor practices that are discriminatory to…persons with disabilities for employment, promotion, and incentives, will be addressed and eliminated.

iv. Given the vulnerability of…persons with disabilities, the government shall take measures to mainstream Gender Considerations in Business and Human Rights. v. Accordingly, in all meetings, consultations, dialogue, or negotiations…persons with disabilities shall be fully represented.

Read more about Persons with disabilities

CHAPTER THREE: POLICY ACTIONS
[…]
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.

i. Support the inclusion of human rights policies in all contracts. Memoranda of understanding and other business-related policy documents shall have a clause that spells out the human rights obligations of the parties, including possible sanctions for violations. The Ministry of Labor, in collaboration with the Ministry of Justice, Ministry of Commerce, Ministry of Finance and Development Planning, National Bureau of Concession, National Investment Commission, and Liberia Land Authority shall take the lead in the realization of this goal.

[…]
iv. Considering the importance of education in human rights, government at all levels shall develop policies that advance business and human rights education. This may include the introduction of courses on business and human rights in tertiary institutions, and the introduction of scholarships, fellowships, and research grants to contribute to knowledge in the area of human rights and business. There shall be public media campaigns and writing competitions among the youth population on business and human rights. The National Working Group on Business and Human Rights shall be responsible for liaising with the Ministry of Education, relevant parastatals, and labor union congresses to actualize the advancement of human rights education as a channel to enhance government protection obligation.

[…]

b) Corporate responsibility to Respect Labour Rights.

i. Produce a clear, simple, and understandable human rights policy within their value chain that reflects their commitment to promoting human rights in their operations. This policy shall guide all operations of the business and shall be conspicuously displayed either on the website, gate, or reception area of the company and must have a braille version for those with visual impairments.

[…]

3.3. Access to Remedy

Access to remedy within the context of the NAPBHR is aligned with Liberia National Development Plan. The following include the policy actions that the Government of Liberia intends to undertake:

a) Duty to Protect

i. Improve human rights protection in business through legislation, policy initiatives and programs.

[…]

ix. Strengthen regulatory agencies to enable them to monitor and evaluate the implementation of NAPBHR and provide remedies when violations occur.

c) Access to Remedy

[…]

xv. Coordinating periodically with regulatory bodies whose functions are relevant to BHR.

xvi. Convening of periodic meetings of regulatory bodies whose functions are relevant to BHR.

xvii. Mapping of these bodies to identify them and properly delineate their mandates so that their operations are streamlined for speed and efficiency about business and human rights-related remedy.

xviii. Scaling up community sensitization on the functions of various agencies.

xix. Collating of reports and feedback on progress made by state-based non-judicial organs.

xx. Through effective Monitoring and Evaluation (M&E) mechanisms, undertake the collection of reports and feedback on progress made by state-based non-judicial organs on business and human rights practices.

4.7 Coordination and Implementation of the National Action Plan on Business and Human Rights

To effectively implement this plan, the government shall establish a National Working Group on Business and Human Rights (NWGBHR) to coordinate all activities of agencies that are involved in dealing with human rights and business-related programs. Membership of the Working Group shall consist of a cross-section of ministries, agencies, and commissions (MACs), and CSOs already providing advocacies on the frontlines of human rights defense within the country.

The NWGBHR shall have the following responsibilities:

i. Determine the capacity needs of businesses and other agencies in the area of business and human rights.

ii. Determine institutional capacity needs in business and human rights.

iii. Conduct capacity-building trainings for diverse stakeholders on the intersection of human rights and business using the UNGPs framework. iv. Design a format for monitoring and reporting business-related human rights issues.

[…]

v. Review business-related human rights reports periodically and provide technical support for stakeholders in their areas of need.

vi. Drive the process of reviewing the NAPBHR periodically.

vii. Periodically assess and support the establishment of grievance mechanisms in companies.

viii. Provide oversight on companies’ Human Rights Due Diligence and Human Rights Impact Assessment.

ix. Convene an Annual Business and Human Rights Forum to review developments in the field.

x. Support research and academic work on Business and Human Rights.

b) The government shall establish a National Technical Working Group on Business and Human Rights (NTWGBHR) to conduct all technical sessions. Membership of the NTWGBHR shall include the Ministry of Justice, Ministry of Labor, the Independent National Commission on Human Rights, National Commission on Disabilities (NCD), CSO representatives, NIC, NBC, LACC, Private Sector Representatives, and relevant development partners.

i. The government, through its agencies, shall engage in massive mobilization, sensitization, and awareness on the NAPBHR. The awareness creation will be strategic and involve the three branches of government – i.e. the legislature, the executive and the judiciary.

ii. The NTWGBHR shall enter negotiation with manufacturers, importers, and growers’ associations and related bodies to ensure compliance with this plan. It shall also carry out robust sensitization of the public to empower them to demand a letter of contract/engagement from employers irrespective of the nature or duration of their work engagement.

iii. Considering the importance of education in human rights protection, government at all levels shall develop policies that advance business and human rights education. This may include the introduction of courses on business and human rights in tertiary institutions, and the introduction of scholarships, fellowships, and research grants to contribute to knowledge in human rights and business. There shall be public media campaigns and writing competitions among the youth population on business and human rights. The NTWGBHR shall be responsible for liaising with the Ministry of Education, relevant parastatals, and labor union congresses to actualize the advancement of human rights education as a channel to enhance government protection obligations.

iv. A reward and recognition system are necessary to ensure that businesses get benefits for implementing the NAPBHR. To promote this, the government through the NWGBHR, shall work out incentive packages for businesses that comply with the provisions of the NAPBHR.

v. Businesses shall have a CRG as part of their CSR. This shall be developed in conjunction with community stakeholders. The CRG shall draw from the report of the HRDD and HRIA. Businesses shall also be expected to conduct PCIA as part of their entry strategy. The extent of these assessments will depend on the kind of business being considered.

vi. The CRG shall provide for such things as employment, community development, contracts and scholarships. To ensure inclusiveness, gender consideration and broad representation of all interests shall be considered.

vii. Businesses shall be encouraged to forge strong and sustainable partnerships and collaborations with any agency, individual, or organization that will provide the needed support for the progressive realization of human rights in their area of operations. Part of this partnership and collaboration must include the use of the media and engagement with different government agencies.

Read more about Policy coherence

The Liberia NAP does not make explicit reference Privatisation.

Read more about Privatisation

The Liberia NAP does not make explicit reference public procurement.

Read more about Public procurement

The Liberia NAP does not make explicit reference to the security sector.

Read more about Security sector

CHAPTER TWO: SITUATIONAL ANALYSIS
2.3. Thematic Focus of the NAPBHR
2.3.2. Labor Rights
[…] Despite existing legal provisions, challenges remain in the effective enforcement of minimum wage and overtime in all sectors, especially in small and medium enterprises. Penalties are less than those for fraud or negligence. The Ministry of Labor’s Inspection Department is responsible for enforcing government-established wage, hours, and health and safety standards in the formal sector, but the mandate is not monitored and there is no enforcement in the informal sector […]

Read more about Small & medium-sized enterprises

CHAPTER THREE: POLICY ACTIONS

3.5. Transparency and Accountability

b) Under Corporate Responsibility to Respect human rights (regarding transparency and accountability)

iv. Where the state directly engages in business, the government shall act to retain the international human rights obligation to protect and assume the additional obligation to respect human rights from a corporate perspective.

Read more about State Owned Enterprises/ Public Private Partnerships

The Liberia NAP does not make explicit reference to supply chains.

Read more about Supply chains

CHAPTER TWO: SITUATIONAL ANALYSIS2.

3. Thematic Focus of the NAPBHR
2.3.5 Transparency and Accountability
The government depends on taxation to deliver needed services to the population. Such services include, but are not limited to, providing quality education, healthcare, and affordable electricity, securing safe environments free of crime and other perils, and ensuring clean and safe drinking water supply. All service deliveries are made possible by the full tax revenue profile, which reflects all such monies ranging from levies and fines to penalties and duties as defined by the Revenue Code. When businesses evade or avoid taxes, they rob the state of the duty to provide critical services that, as noted here, are linked to human rights. By extension, businesses avoiding and evading tax payments violate the law and undermine the furtherance of the safe environment on which everyone depends, and on which businesses’ very own operations and sustenance depend. The need for transparency and accountability in tax payments by businesses, and the state’s harnessing and deploying taxes, are rooted in numerous international and domestic legal instruments. The ICCPR, UDHR, ICSECR, and the ACHPR’s, generally identify objectives obligating member states to strengthen resource mobilization, reduce corruption and strengthen revenue collection […].

Read more about Taxation

CHAPTER ONE: BACKGROUND
1.0. Overview

[…] This National Action Plan (NAPBHR) is aligned with the country’s development objectives, and the Liberia National Vision 2030. The goals outlined in these frameworks align with key objectives of the Sustainable Development Goals (SDGs) encompassing aspirations such as eradicating poverty, advancing gender equality, and diminishing inequalities. Furthermore, the pursuit of building robust institutions to uphold justice, peace, and security is a shared strategic goal that intersects with both the national development plan and Liberia’s Vision 2030.

Read more about The 2030 Agenda for Sustainable Development

The Liberia NAP does not make explicit reference tourism.

Read more about Tourism sector

The Liberia NAP does not make an explicit reference to trade.

Read more about Trade

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.

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