Informe provisional - Informe núm. 251, Junio 1987

1. 357. The Committee has examined this case on three occasions, in February and May 1984 and in November 1985, when it submitted interim reports to the Governing Body (see 233rd Report, paras. 628-658, approved by the Governing Body at its 225th Session (February-March 1984); 234th Report, paras. 585-611, approved by the Governing Body at its 226th Session (May-June 1984); and 241st Report, paras. 551-563, approved by the Governing Body at its 231st Session (November 1985)).
2. 358. The Government provided information in a communication dated 29 January 1986, but a document containing the audited accounts of the complainant union which was stated to be attached thereto was not received with the reply, nor has it been received since despite subsequent requests to the Government.
3. 359. The Committee adjourned consideration of the case in May 1986 and at its meeting in February 1987 it addressed an urgent appeal to the Government. This was conveyed to the Government in a letter dated 11 March 1987 and repeated in a cable dated 10 April 1987. No further information has been received from the Government.
4. 360. Additional allegations were contained in a letter from the complainant dated 31 March 1987, which was communicated to the Government on 22 April 1987.
5. 361. Liberia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.87) and the Right to Organise and Collective Bargaining Convention, 1949 (No.98).

A. Previous consideration of the case

1. 362. When it considered the case at its session in November 1985, the Governing Body approved the Committee's following recommendations:
   • a) The Committee notes with interest the Government's statement that the principle that workers' organisations must not be suspended by administrative decision is being observed in law and in practice, and that the suspension of NAAWUL was lifted in October 1984. In the circumstances, it considers that this aspect of the case does not call for further examination.
   • b) The Committee notes, however, that the suspension was in effect for nearly one year and 11 months, and that the courts do not appear to have been involved in this regard; it accordingly draws attention to the importance it attaches to the principle established in Article 4 of Convention No. 87, namely that workers' and employers' organisations shall not be liable to be suspended or dissolved by administrative authority.
   • c) The Committee regrets that the Government did not supply detailed information regarding the allegation concerning the dismissal of 1,200 union members at the Firestone Plantations Company.
   • d) The Committee requests the Government to supply it with information concerning the part, if any, played by NAAWUL in the negotiations leading to the conclusion of a collective agreement with the Firestone Company's Employees' Council and as to the dates on which the agreement was concluded and entered into force.
   • e) With regard to the general ban on strikes introduced by Decree in June 1980, the Committee reiterates its view that this constitutes a serious violation of trade union rights, and draws attention to the principle that such a probibition can only be justified in the event of an acute national emergency and for a limited period of time: it shares the hope of the Conference Committee on the Application of Conventions and Recommendations in 1985 that the Government will in the near future adopt the Labour Code and other necessary measures which will enable due account to be taken of the divergencies between the provision containing the ban on strikes and the Government's obligations in terms of Convention No. 87, especially as regards the rights of trade unions to defend the interests of their members and to organise their activities.
   • f) The Committee requests the Government to supply it with the audit of the union's accounts and all relevant information (including the record of any judicial determination) relating to the outcome of proceedings referred to in earlier reports on this case involving a criminal charge of embezzlement which had been brought against the Secretary-General of NAAWUL, so that it may reach a decision in full possession of the facts concerning the allegation of misuse of union funds originating from the World Confederation of Labour.

B. The Government's reply

1. 363. In its communication of 29 January 1986, the Government commences by stating that the Firestone Employees' Council was elected to replace NAAWUL when it was suspended for audit, and that negotiations between the Firestone Company and the Council took place before the conclusion of the collective agreement on 26 November 1983 (which came into force on 2 December of that year).
2. 364. The Government continues by stating that no criminal charge of embezzlement has been brought against the Secretary-General of NAAWUL for the alleged misuse of union funds originating from the World Confederation of Labour. A photocopy of the audit of the union's accounts by the Auditor-General of Liberia which is said to be submitted with the Government's reply was not contained therein.

C. The conclusions of the Committee

1. 365. The Committee takes note of the information received from the Government. It has taken note of the observation concerning Liberia made by the Committee of Experts on the Application of Conventions and Recommendations regarding Convention No.87, which was repeated in 1987 because no report had been received by that Committee, and also of the fact that the 1986 Report of the Conference Committee on the Application of Conventions and Recommendations referred to the fact that, despite repeated invitations, the Government of Liberia had failed to take part in the discussions concerning Liberia.
2. 366. The Committee has also noted that the Government has referred to only two aspects of the recommendations it made in its last report, and that one of the items of information specifically requested has not been received despite repeated requests.
3. 367. The Committee must therefore remind the Government that the purpose of the whole procedure set up in the ILO for the examination of allegations of violations of freedom of association is to promote respect for trade union rights in law and in fact. If the procedure protects governments against unreasonable accusations, governments on their side should recognise the importance of formulating, so as to allow an objective examination, detailed replies to the allegations brought against them (Digest of Decisions and Principles of the Freedom of Association Committee of the Governing Body of the ILO, 3rd edition, para. 59).
4. 368. The Committee notes that no charge of embezzlement has been brought against the Secretary-General of the complainant union, NAAWUL, for the alleged misuse of funds originating from the World Confederation of Labour, although the Government had originally stated that the audit necessary to investigate allegations to this effect was the basis of the measures taken to suspend NAAWUL in November 1982.
5. 369. The reply of the Government states that negotiations leading to the conclusion of a collective agreement took place during the period when the complainant union had been suspended, and that according to the Government the Firestone Company Employees' Council was elected to replace it during that period. It would appear to the Committee that in the circumstances the complainant union was effectively deprived of any opportunity to represent its members in negotiations. In this regard, the Committee would draw the attention of the Government to the principles of freedom of association arising from Article 4 of Convention No. 87 and in particular to that which refers to the serious consequences which dissolution of a union involves for the occupational representation of workers (Digest, para. 486). It is of the view that a period of suspension as long as that in question (nearly two years) could involve consequences as serious in these respects as dissolution, especially as the suspension was in operation during a period involving both elections and negotiations concerning a collective agreement. The Committee would therefore draw the Government's attention to the principle that the suspension of trade union organisations by administrative authority constitutes a serious restriction of the right of workers' organisations to elect their leaders in full freedom and to organise their administration and activities (ibid., para. 487).
6. 370. The Committee trusts that the Government will take the necessary steps to give effect to both of the principles cited above, in a manner which will ensure that opportunities are provided in accordance therewith for elections and negotiations to take place in full freedom.
7. 371. The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to aspects of this case concerning legislation and its relation to obligations arising from the Conventions on freedom of association ratified by Liberia.