Solicitud directa (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Liberia (Ratificación : 1959)

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Observación

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Article 1 of the Convention. Scope of application. Legislation. The Committee recalls that the Decent Work Act 2015 excludes from its scope of application, and therefore from its protection against discrimination, work falling within the scope of the Civil Service Agency Act as well as officers, members of the crew and any other persons employed or in training on vessels. It notes from the Government’s report that these exclusions were made due to the fact that there was already legislation and administrative regulations in place that protect workers against discrimination as defined under the Convention before the enactment of the Decent Work Act of 2015. These included the Civil Service Standing Orders, 2012, and the Maritime Law (Title 21). With respect to the civil service, the Committee refers the Government to its comment hereafter under Article 2 of the Convention. As regards the protection of “officers, members of the crew and any other persons employed or in training on vessels seafarers”, the Committee notes that section 356 of the Maritime Law provides that “it shall be unlawful for any employer or employer organization or employee or labor organization to attempt to bargain for, or to enter into, any labor contract containing any provision which … discriminates as to terms and conditions of employment on the basis of race, color or creed”. Noting that this provision offers narrower protection than required by the Convention, the Committee asks the Government to take steps to review the Maritime Law to cover all the stages of employment, including recruitment and termination of employment as well as to include all the grounds enumerated in the Convention (sex, religion, political opinion, national extraction and social origin). The Committee asks the Government to provide information on any steps taken in this regard.

Article 1(1)(a). Discrimination on the ground of sex. Sexual harassment. In its previous comments, the Committee asked the Government to provide information on the practical application of section 2.8(a)–(c) of the Decent Work Act of 2015, which defines and prohibits both quid pro quo and hostile environment sexual harassment. The Committee notes the Government’s indication that the Ministry of Labour has posted a series of banners and flyers stressing the effects and consequences of sexual harassment. The Committee also notes the Government’s indication that the civil society organizations have conducted sensitization and awareness-raising activities on this issue. The Government indicates that no complaint for sexual harassment has been received by the Ministry of Labour. Recalling that the Civil Service Standing Orders of 2012 also define and prohibit sexual harassment and contain detailed provisions on prevention measures, reporting and complaint processes, the Committee asks the Government to provide information on the concrete steps taken to inform civil servants on their right to be protected from sexual harassment and the procedures in place to report and address it. It also asks the Government to continue to take active steps to raise awareness at all levels and in all sectors of the economy among workers, employers and their organizations and among enforcement officials, of the legal and practical measures available to prevent and eliminate sexual harassment in employment and occupation.

Article 1(1)(b). Discrimination on the basis of real or perceived HIV status. Recalling that the Decent Work Act of 2015 provides for the equal protection of persons living with HIV in employment and work, the Committee notes the Government’s indication that through the National AIDS Commission it has conducted a series of workshops and radio shows on discrimination against persons living with HIV and that the Ministry of Labour has conducted nationwide sensitization and awareness-raising workshops that have helped to disseminate information at workplaces. While welcoming these initiatives, the Committee encourages the Government to step up its efforts to address discrimination and stigmatization against persons living with HIV in employment and occupation, in particular through awareness-raising among workers, employers and their respective organizations as well as among enforcement officials to ensure that victims of such discrimination can avail themselves effectively of their rights.

Article 2. National equality policy. The Committee recalls that the Decent Work Act, 2015 defines and prohibits discrimination based on all the grounds set out in the Convention and a wide range of additional grounds, including family responsibilities, tribe, health status, migration status and language, and provides the opportunity to adopt affirmative action measures. The Committee also notes that, according to the Civil Service Human Resources Policy Manual of 2013 (developed on the basis of the Civil Service Standing Orders of 2012), “the Civil Service Agency is actively committed to protecting the rights of all civil servants to enable them to achieve their full potential in an atmosphere free from discrimination, harassment, victimization and vilification” (Part II – Policy Statement) and “the recruitment and selection process will be applied in a transparent and consistent manner without discrimination to any one particular category of individuals or group”. The Committee highlights that legislative measures to give effect to the principles of the Convention are important but not sufficient to achieve its objective. The Committee added that effectively responding to the complex realities and variety of ways in which discrimination occurs requires the adoption of differentiated measures. Indeed, the implementation of a national equality policy presupposes the adoption of a range of specific measures that will often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising (General Survey of 2012 on the fundamental Conventions, paragraphs 848–56). The Committee asks the Government to take steps to develop, in consultation with workers’ and employers’ organizations, a comprehensive and multifaceted policy to promote equality and address discrimination covering all categories of workers and all sectors of the economy, without distinction based on the grounds prohibited under the Decent Work Act, 2015, and in accordance with the Civil Service Human Resources Policy Manual. The Committee asks the Government to provide information on the steps taken for this purpose, including on any affirmative action measures taken to redress past inequalities.

Equality of opportunity and treatment between men and women. Recalling the adoption of the National Employment Policy (NEP) which provided for the development of monitoring tools on gender and employment, the Committee notes from the Government’s report that the evaluation process was disrupted by the advent of Ebola in 2014/15. The Committee notes that the statistics on employment provided by the Government indicate that male employment accounted for 40.9 per cent while female employment accounted for 37.5 per cent in the agricultural sector; 16.2 per cent for men against 31.1 per cent for women in services and trades; 2.7 per cent for men against 1 per cent for women for technicians; and 8.1 per cent for men against 4.8 per cent for professionals. The Committee also notes the Government’s indication that the Liberian Employment Action Programme (LEAP) was transformed into the National Bureau of Employment (NBE). The Committee asks the Government to provide information on any activities carried out by the NBE to promote specifically gender equality in employment and to develop employment opportunities for men and women on an equal footing, including through the development of vocational training and the promotion of access to a wider range of job opportunities at all levels, including sectors in which they are currently absent or under-represented. The Committee also asks the Government to provide information on the results of the NEP regarding gender and employment once the evaluation is completed. It also asks once again the Government to indicate the steps taken to effectively implement the Small Business Empowerment Act of 2014, according to which at least 5 per cent of all public procurement contracts should be allocated to, and provided to, businesses owned by Liberian women, and their results (data on the number of public procurement contracts concluded with businesses owned by Liberian women).

Women’s access to land and other productive resources. The Committee recalls its previous comments regarding the insecurity of women, who comprised the majority of smallholder agriculture producers, with respect to access to land. While noting that the Government’s report does not contain any information on this point, the Committee notes the adoption of the Land Rights Act in 2018. In this regard, it wishes to highlight the importance of access to land as the primary factor in an agricultural economy, and that promoting and ensuring access for women to the material goods and services required to carry out an occupation, such as land, credit and other resources, should form part of the objectives of a national policy on equality (General Survey of 2012, paragraph 756). The Committee asks once again the Government to provide information on the steps taken to promote and ensure women’s, including indigenous women’s, access to secure land tenure, and the impact of the new Land Rights Act of 2018 in this respect. The Committee also asks the Government to provide information on any measures taken to promote women’s access to credit and material goods.

Equality of opportunity of indigenous peoples. The Committee asks the Government to provide information on the situation of indigenous peoples in employment and occupation, including in traditional occupations, and to provide any statistics available, disaggregated by sex if possible. Recalling that the recognition of the ownership and possession of the lands they traditionally occupy and access to their communal lands and natural resources for traditional activities is essential (see General Survey of 2012, paragraph 768), the Committee asks the Government to provide information on the impact of the Land Rights Act of 2018 on the indigenous communities and their capacity to engage in and exercise their traditional activities. The Committee also asks the Government to provide information on any measure taken to ensure that access to credit, marketing facilities, agricultural extension and skills training facilities is provided to members of indigenous communities on an equal footing with other sectors of the population.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Equality of opportunity of persons with disabilities. The Committee asks the Government to provide information on the situation of persons with disabilities in employment and occupation and to provide any statistics available, disaggregated by sex if possible. It also asks the Government to indicate if any affirmative action measures in the private and the public sectors have been adopted or are envisaged, pursuant to the Decent Work Act, 2015, to promote the access of disabled persons to employment, in particular public employment, and to different occupations.

Enforcement. The Committee asks once again that the Government provide information on measures taken or envisaged to ensure the effective enforcement of the Decent Work Act, 2015, with respect to discrimination, through labour inspections and on any complaints lodged before the courts.