Informe provisional - Informe núm. 234, Junio 1984

Caso núm. 1219 (Liberia) - Fecha de presentación de la queja:: 09-MAY-83 - Cerrado

1. 585. The Committee already examined this case in February 1984 when it submitted an interim report to the Governing Body. [See. 233rd Report, paras. 628-658, approved by the Governing Body at its 225th Session (February-March 1984).] Subsequently, the Government sent information in a communication dated 18 April 1984.
2. 586. 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 examination of the case

1. 587. The complaint, presented by Mr. David White as Secretary-General of the National Agriculture and Allied Workers' Union of Liberia (NAAWUL), referred to a labour dispute between the union and the Firestone Plantations Company and to the suspension of the NAAWUL by the Government on 15 November 1982.
2. 588. In his communication dated 8 May 1983 the complainant alleged that the Government and the Firestone Plantations Company, with which NAAWUL had been endeavouring to negotiate up to 6 May 1982, brought pressure to bear on the union's own members to raise the false accusation against him that he had embezzled funds received from the World Confederation of Labour (WCL). The complainant said that the case had been handed over to the Ministry of Justice, that he had been arrested on several occasions and then released, and that the persons who had even appealed to the authorities to have the suspension order on the activities of the NAAWUL cancelled. He pointed out that he had objected to the auditing of the union's accounts because NAAWUL was not financed by the State.
3. 589. Finally, he stressed that the union's suspension made it difficult to settle the labour dispute between NAAWUL and the Firestone Plantations Company which had resulted in the dismissal of 1,200 union members without compensation.
4. 590. The Government replied, in a communication dated 26 September 1983, that the suspension of the union had been decided as a temporary measure pending the auditing of its accounts and that the Assistant Director for Grievances of the NAAWUL had accused its then Secretary-General, Mr. White, of having received $30,000 from the WCL and of transferring the funds to his personal account at the Chase Manhattan Bank, without NAAWUL's knowledge.
5. 591. The Government denied that it had brought pressure to bear on the union to make any such accusation against its Secretary-General, adding that the latter had been suspended from office by the NAAWUL Executive Board on 20 July 1982 for embezzlement and that it was at the request of the union itself that the authorities had called for an audit of its accounts by the General Auditing Office.
6. 592. Though it recognised that NAAWUL had requested the Ministry of Labour to cancel the suspension order affecting the union on the grounds that the two rival factions in NAAWUL had resolved to work together and had signed a memorandum of understanding to that effect, the Government stated that the Secretary-General's refusal to accept an audit had not been supported by the union.
7. 593. The Government explained that it had ordered the suspension of the activities of the NAAWUL pending the publication of the auditors' report and the adoption of a decision concerning any infringement of section 4111 of the Labour Practices Law which stipulates, inter alia, that no labour organisation may receive financial contributions from international agencies or foreign sources except with the approval of the Government.
8. 594. As regards the labour dispute with the Firestone Plantations Company, the Government stated that it had acted as a conciliator but that its advisory opinion had not been accepted by the employer. According to the Government, the union should have appealed for arbitration once the conciliation proceedings had failed and its failure to do so had led to several strikes in the company.
   • The Government did not comment on the allegation that a large number of union members employed in the company had been dismissed and supplied no information on the outcome of the dispute between NAAWUL and the Firestone Plantations Company.
9. 595. In these circumstances, the Committee had, at its February 1984 meeting:
   • (a) recalled the principle that a general prohibition of the right to strike seriously limits the ability of trade unions to further and defend the interests of their members;
   • (b) requested the Government to transmit information regarding the possibilities open to NAAWUL to pursue its negotiations with the Firestone Plantations Company, particularly since the activities of the union had been suspended;
   • (c) as regards the allegation concerning section 4111 of the Labour Practices Act (prohibition of unions from receiving financial assistance from international organisations), pointed out that Article 5 of Convention No. 87 guaranteed free and voluntary affiliation of trade unions with international organisations, which in turn implied the right for national trade unions to benefit from the services and advantages that flowed from their affiliation, trusted that this principle would be fully taken into account in the present case and requested the Government to keep it informed of the outcome of the audit of NAAWUL's accounts and of any action taken as a result thereof;
   • (d) as regards the suspension of NAAWUL, trusted that the necessary measures would be taken without delay to lift the suspension order affecting the union and requested the Government to keep it informed of the action taken in this respect.

B. The Government's reply

1. 596. On the subject of strikes, the Government states in its communication dated 16 April 1984 that the right to strike is available in Liberia under section 4503 of the Labour Practices Law but that the country is currently passing through a transitory period and, since the popular revolution of 12 April 1980, the workers have felt free to do anything. Therefore, the Government explains, a temporary ban has been placed on strikes in order to maintain law and order. Strikes have been replaced by a system of arbitration, mediation and conciliation; workers' education is being introduced and the restriction will be lifted as soon as there has been some improvement.
2. 597. As to the effect of the union's suspension on the settlement of the labour dispute with the Firestone Plantations Company, the Government states that the suspension order was a prerequisite to the audit of the union's accounts and not a punitive measure and that the normal channels for NAAWUL to negotiate with the Firestone Plantations Company were therefore never affected except during the period of the audit.
3. 598. Concerning the alleged prohibition of unions from receiving financial assistance from international organisations, the Government states that no action is pending against NAAWUL or its members for violation of section 4111 of the Labour Practices Law, which is not intended to discourage trade unions from obtaining foreign assistance; however, government approval is necessary to make sure that funds so obtained are used for the intended purposes and that the conditions and obligations attached to them are not against public policy.
4. 599. Regarding the lifting of the suspension order affecting the union, the Government notes that the audit report has been submitted by the auditors and that the Ministry of Labour has forwarded a recommendation to the Head of State that the suspension be lifted.
   • The Ministry of Labour is awaiting directives from the Head of State.

C. The Committee's conclusions

1. 600. The case before the Committee concerns a complaint relating to the suspension of the National Agriculture and Allied Workers' Union of Liberia (NAAWUL) since 15 November 1982, to a number of dismissals following a labour dispute between NAAWUL and the Firestone Plantations Company and to the difficulty for the suspended union to settle the labour dispute with the company.
2. 601. In the course of the Committee's previous examination of the case, the Government explained that an internal conflict had arisen within NAAWUL and that Mr. White, then Secretary-General, had been accused by his fellow union members of embezzlement.
3. 602. The Committee notes the information and observations supplied by the Government in its latest communication and, specifically, that the union was suspended only temporarily to permit a:. audit of its accounts, that the audit report has been submitted by the auditors, that a recommendation has been made by the ministry of Labour to the Head of State in favour of lifting the suspension and that the union's suspension has in any case not affected its ability; to negotiate since it was not a punitive measure but designed only to permit an audit of the accounts. The Committee notes, however, that the Government confirms that the temporary ban on strikes is still in force.
4. 603. The Committee observes that, at this stage, the union's suspension imposed on 15 November 1982 has apparently not yet been lifted and that the Government has not indicated whether the audit, reveals that funds have been embezzled.
5. 604. The Committee further observes that the Government confirms that the ban on strikes is still in force and, on the subject of the labour dispute with the Firestone Plantations Company, merely indicates that the union's suspension has not affected its ability to negotiate except for the period of the audit. Moreover, it has supplied no information on the alleged dismissal of 1,200 NAAWUL members or on the outcome of the labour dispute.
6. 605. Regarding the suspension of the union, the Committee recalls that it has now been in force for over a year and emphasises the importance it attaches to the principle that workers' organisations must not be subject to suspension by administrative decision. It again urges the Government to lift without delay the suspension order affecting the union and to keep the Committee informed of any decision taken in this respect.
7. 606. Concerning the union funds originating from the World Confederation of Labour, the Committee considers that, in order to reach a decision in full possession of the facts regarding the charge of embezzlement against the union's Secretary-General, it needs to examine the findings of the audit and requests the Government to send it a copy of the report.
8. 607. With regard to the labour dispute with the Firestone Plantations Company, the effect of the union's suspension on the settlement of the dispute and the maintenance of the ban on strikes, which the Government confirms, the Committee regrets that the Government has not indicated whether the dispute has been settled and an agreement reached. It also regrets that no detailed information has been supplied on the alleged dismissal without compensation of 1,200 members of NAAWUL.
9. 608. Moreover, the Committee recalls that, since the adoption of Decree No. 12 of 30 June 1980 abolishing the right to strike, labour disputes are arbitrated solely by the Ministry of Labour, Youth and Sports.
10. 609. In these circumstances, the Committee requests the Government to indicate whether the labour dispute at the Firestone Plantations Company has been settled and, if so, whether an agreement has been signed. It also requests the Government to supply detailed information on the alleged dismissal without compensation of 1,200 NAAWUL members.
11. 610. Furthermore, the Committee, recalling the observations which the Committee of Experts on the Application of Conventions and Recommendations has formulated since 1981, urges the Government to lift the ban on strikes introduced by Decree No. 12 of 30 June 1980, which abolished the right to strike and stipulated that labour disputes should be arbitrated solely by the Ministry of Labour, Youth and Sports.

The Committee's recommendations

1. 611. In these circumstances the Committee recommends the Governing Body to approve this interim report and, in particular, the following conclusions:
   • (a) as regards the suspension of the National Agriculture and Allied Workers' Union of Liberia, the Committee recalls the importance it attaches to the principle that workers' organisations must not be subject to suspension by administrative decision. It again urges the Government to lift without delay the suspension order affecting the union since 15 November 1982 and to keep it informed of any decision taken in this respect;
   • (b) as regards the labour dispute with the Firestone Plantations Company, the suspension of the union and the dismissal of 1,200 union members employed by the company, the Committee requests the Government to indicate whether the dispute has been settled and, if so, whether an agreement has been signed between the union and the employer. It also requests the Government to send its observations and detailed information on the alleged dismissal of NAAWUL members employed by the Firestone Plantations Company;
   • (c) as regards the general ban on strikes introduced by Decree No. 12 of 30 June 1980, which abolished the right to strike and stipulated that labour disputes must be arbitrated solely by the Ministry of Labour and of Youth and Sports, the Committee urges the Government to lift the ban which has been in effect for nearly four years, and which constitutes in itself a serious violation of trade union rights. It again draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to this aspect of the case;
   • (d) finally, as regards the union funds originating from the World Confederation of Labour and, specifically, the charge of embezzlement against the union's Secretary-General, the Committee considers that, in order to reach a decision in full possession of the facts, it needs to examine the findings of the audit of the union's accounts and requests the Government to send it a copy of the report.