Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Abolition of Forced Labour Convention, 1957 (No. 105) - Liberia (Ratification: 1962)

Impact of compulsory prison labour on the application of the Convention. In response to the Committee’s reference to prison sentences involving compulsory labour under section 34.14, paragraph 1, of the Criminal Procedure Law, the Government indicates in its report that prisoners have not been sentenced to work as part of their convictions since 2003. The Government also indicates that the Ministry of Justice does not require hard labour in its sentencing pleas. While noting that the Government emphasizes that convictions leading to prison sentences involve imprisonment and not an obligation to work, the Committee observes that the law provides for the imposition of work on persons serving a prison sentence as section 34.14 referred to above states that “all prisoners under sentence shall be required to work subject to their physical and mental fitness”.

The Committee stresses that prison sentences involving compulsory labour fall within the scope of Article 1 of the Convention when imposed on persons convicted for expressing certain political opinions, or views opposed to the established political, social or economic system, for participating in a strike or as a means of labour discipline. The Committee therefore requests the Government to indicate whether in practice, prison labour is voluntary for persons sentenced to imprisonment, and if so, to consider amending section 34.14, paragraph 1, of the Criminal Procedure Law to clearly reflect the voluntary nature of prison work and the indicated practice.

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. In its previous comments, the Committee requested the Government to amend: (i) section 347(1) and (2) of the Maritime Law, under which local authorities shall apprehend and deliver a seafarer who deserts from a vessel with the intention of not returning to duty and who remains unlawfully in a foreign country; and (ii) section 348 of the Maritime Law, which provides for a penalty of imprisonment (which may involve an obligation to work) for labour discipline offences committed by seafarers, such as incitement to neglect duty and assembling with others in a tumultuous manner.

The Committee notes with regret that, despite the Government’s previous indication that the Liberian Maritime Law and Regulations would be amended, the 2018 amendment to the Maritime Law did not alter the above-mentioned provisions. The Committee notes the Government’s reference to the Maritime Regulations, which do not contain provisions relating to labour discipline.

The Committee recalls that measures to ensure the due performance by a worker of his or her service under compulsion of law (in the form of physical constraint or the menace of a penalty) constitute forced or compulsory labour as a means of labour discipline. The Committee thus once again requests the Government to amend section 347(1) and (2) and section 348 of the Maritime Law, so as to ensure that breaches of labour discipline, such as desertion or disobedience, which do not endanger the ship or the life or health of persons on board, are not punished with sanctions that involve compulsory labour. The Committee requests the Government to provide information on the progress made in this respect.