Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Repetition

Article 1 of the Convention. Scope of application. The Committee notes that section 1.5(c)(i) and (ii) of the Decent Work Act of 2015, excludes from its scope of application 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. The Committee recalls that the purpose of the Convention is to protect all persons against discrimination in employment and occupation, and that where certain categories of workers are excluded from general labour or employment law, it needs to be determined whether special laws or regulations apply to such groups and whether they provide for the same level of rights and protection as the general provisions (2012 General Survey on the fundamental Conventions, paragraphs 733 and 742). Noting that the Civil Service Agency Act does not contain any protection against discrimination in employment and that no information has been provided on the provisions granting protection to those working on vessels, the Committee requests the Government to indicate how these categories of workers are protected against discrimination in employment and occupation on the grounds set out in the Convention, including any laws or regulations adopted or envisaged covering these categories of workers.

Articles 1(1)(a) and 2. Discrimination on the ground of sex. Sexual harassment. Noting that section 2.8(a)–(c) of the Decent Work Act of 2015, defines and prohibits both quid pro quo and hostile environment sexual harassment, the Committee requests the Government to provide information on its practical application as well as on the number of complaints regarding sexual harassment submitted to the relevant authorities, the sanctions imposed and the remedies granted. The Committee also requests the Government to provide information on the prevention and awareness-raising measures taken concerning the rights, obligations and procedures regarding sexual harassment in employment and occupation.

Articles 1(1)(b) and 2. Discrimination on the basis of real or perceived HIV status. The Committee notes that section 2.10 of the Decent Work Act of 2015 provides for the equal protection of persons living with HIV in employment and work, and that section 2.14 of the same Act allows the HIV/AIDS Workplace Policy of September 2008, along with codes of good practice issued under the Act, to be admissible as evidence in court proceedings. The Committee requests the Government to provide information on the measures taken or envisaged to implement sections 2.10 and 2.14 of the Decent Work Act of 2015, as well as the HIV/AIDS Workplace Policy of September 2008, and any cases dealt with by labour inspectors and any court decisions addressing stigmatization or discrimination in employment or occupation based on real or perceived HIV status, and the results thereof.

Article 2. National Employment Policy. Equality of opportunity and treatment between men and women. The Committee recalls the various measures implemented under the National Employment Policy (NEP) of 2009, the Liberian Poverty Reduction Strategy 2008–11 and the Liberian Employment Action Programme (LEAP), including vocational training, access to credit, development of monitoring and reporting capacity on gender and employment, the studying of underlying causes of structural inequalities, and affirmative action measures. The Committee notes the Government’s general indication that section 2.4(a) of the Decent Work Act of 2015 protects both women and men against discrimination, and that the Equal Representation and Participation Act was adopted in 2016. The Committee further notes with interest the adoption of the Small Business Empowerment Act of 2014, according to which at least 5 per cent of all public procurement contracts should be allocated and provided to businesses owned by Liberian women. It notes, however, that according to the 2015 implementation report of the Act, the participation of women was low. The Committee requests the Government to provide information on the measures taken to ensure the effective implementation of the Small Business Empowerment Act of 2014, including statistics on the number of public procurement contracts concluded with businesses owned by Liberian women. The Committee further requests the Government to provide detailed information on the specific results achieved of measures taken in the framework of the NEP of 2009, the Liberian Poverty Reduction Strategy of 2008–11, and LEAP to promote gender equality in employment and occupation. Please provide information on the participation of men and women in the labour market, disaggregated by sex, the vocational training provided, and their impact on participants’ access to employment and occupation, and the implementation of the Equal Representation and Participation Act and a copy thereof.

Women’s access to land. The Committee notes from the 2013 publication “United Nations Development Assistance Framework 2013-2017” that women comprised the majority of smallholder agriculture producers and produced about 60 per cent of agricultural products, and that 90 per cent of women were employed in agriculture or in the informal economy. The publication further indicates that a high percentage of the population was occupying either state or private lands with little or no statutory or formal arrangements, leaving women particularly “land insecure” (see One Programme, United Nations Development Assistance Framework 2013–17 – Liberia 2013, pages 18 and 19). In this regard, the Committee is aware that a bill on land rights has been pending in the legislature since 2014. The Committee recalls that addressing non-wage work is essential as this category covers the majority of the active population in certain countries, principally in the rural sector, and covers various occupations and professions. Promoting and ensuring access to material goods and services required to carry out an occupation, such as access to land, credit and resources should therefore be part of the objectives of a national policy on equality (2012 General Survey, paragraph 756). The Committee requests the Government to provide information on the measures taken to promote and ensure women’s access to material goods and services to carry out their occupation, including access to land, credit and resources. Please also provide information on any development concerning the adoption of the bill on land rights and trusts that the bill will contribute to promoting equality between men and women including access to land.

National policy on equality with respect to grounds other than sex. The Committee notes the Government’s very general reference to section 2.7 of the Decent Work Act of 2015, which prohibits discrimination. The Committee recalls that legislative measures to give effect to the principles of the Convention are important but not sufficient, and that effectively responding to the complex realities and variety of ways in which discrimination occurs requires proactive measures to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal values. This can be done through the adoption of a national policy to promote equality of opportunity and occupation that is clearly stated and effective. (2012 General Survey, paragraphs 841–858). Once again, the Committee encourages the Government to declare and pursue a national equality policy and requests it to provide information on any practical measures taken, in collaboration with workers’ and employers’ organizations to eliminate, in practice, discrimination on the basis of all the grounds set out in the Convention and in the Decent Work Act of 2015.

Equality of opportunity of indigenous peoples. Noting that the Government provides no specific information in this regard, the Committee requests the Government, once again, to provide information on the specific measures adopted to promote equality of opportunity and treatment of indigenous peoples and eliminate discrimination against them.

Equality of opportunity of persons with disabilities. The Committee notes that sections 2.4(ix) and 2.7 of the Decent Work Act of 2015 prohibits discrimination on the ground of physical or mental disability. It also recalls that the NEP of 2009 provides for specific measures to promote the inclusion of persons with disabilities in the labour market. The Committee invites the Government to provide information on the measures taken towards the practical application of sections 2.4 and 2.7 of the Decent Work Act of 2015, with regards to persons with disabilities, including those taken through the NEP of 2009, such as the adoption of affirmative action measures in the private and the public sectors, adoption of non-discrimination policies with measures for reasonable accommodation, the development of mechanisms to monitor employment opportunities, and the collection of statistical data disaggregated by sex and disability of those who have participated in vocational training and placement programmes.

Enforcement. The Committee notes that section 2.15, as well as sections 9.2 to 11 of the Decent Work Act of 2015 provide for a complaint mechanism that workers or employers may access in case of violations of their rights under the Act, including procedures, remedies and sanctions. The Committee further notes the information provided by the Government regarding the results of a complaint regarding discrimination based on pregnancy. The Committee requests the Government to provide information on measures taken or envisaged to ensure the effective enforcement of the Decent Work Act of 2015. It also asks the Government to continue to provide information on any discrimination cases addressed by the labour inspectorate and the courts, specifying the grounds and the results thereof.