Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Liberia (Ratificación : 1962)

The Committee takes note of the observations made by the African Regional Organization of the International Trade Union Confederation (ITUC-AFRICA), received on 11 September 2025, deploring the Government’s refusal to register the National Health Workers’ Union of Liberia (NAHWUL), which allegedly illustrates its disregard for workers’ right to form organizations without prior authorization. The ITUC-Africa also denounces reprisals against striking teachers, transport workers, and civil servants in a context of impunity. Despite repeated concerns raised by ITUC-Africa and submissions to the ILO supervisory bodies, the Government has neither addressed NAHWUL’s registration nor sanctioned anti-union practices. The Committee urgently requests the Government to provide its comments in this regard.

The Committee recalls that since 2021 it has been requesting the Government to investigate serious allegations made by ITUC-Africa denouncing the dissolution of a trade union by a state-owned company; the use of police force to break up peaceful strikes; the arrest of union leaders and wrongful dismissal of workers for their participation in strike actions. The Committee notes with regret that the Government merely states that, since the new administration is in place, it has not received any complaints of workers being wrongfully dismissed for participating in strikes as alleged by ITUC-Africa. While it commits to take punitive action, if necessary, the Government asserts that no aggrieved party has submitted its case.

The Committee also recalls the ITUC observations of September 2023 alleging Government’s interference in the election process of a new leadership of the Liberia Labour Congress (LLC). The Committee notes that the Government rejects the allegations, asserting that its role is limited to witnessing and guiding the process as a regulator, without influencing leadership outcomes. The Government considers the ITUC claims to be unfounded and indicates that a related dispute was resolved by the courts. The Government expresses concern about allegations without evidence being brought before the ILO but states its willingness to act on any substantiated proof.

The Committee recalls that the interdependence of respect for fundamental rights and freedom of association requires independent judicial investigations to be conducted rapidly in the case of allegations of violations of these rights and the principles guaranteed by the Convention with a view to establishing the facts, violations and determining responsibilities, punishing the perpetrators and instigators and preventing the recurrence of such acts. In this regard, the Committee recalls that excessive delays in the procedures set in motion in response to such allegations create, in practice, a situation of impunity, which reinforces the existing climate of violence and insecurity (2012 General Survey on the fundamental Conventions, para. 60). The Committee expects the Government to take this into account when addressing allegations of serious violations of freedom of association that may be submitted in the future, including through the Committee.

Direct contacts mission and technical assistance of the Office. The Committee notes with interest that the Government accepted a direct contacts mission, which took place in Monrovia in July 2024. The Committee takes note of the mission’s conclusions and recommendations and refers to them below. It also understands, based on the information provided by the Government, that a technical mission in 2025 to follow up on the direct contacts mission’s recommendations enabled the stakeholders to agree on a road map for resolving the issues. Furthermore, the Committee observes that the Government emphasizes its commitment to resolving all outstanding issues relating to the application of the Convention. The Government asserts that, since the 2024 direct contacts mission, substantial cabinet discussions were held and concrete steps taken to move beyond the actions of the previous Government, including renewed engagement with the Office. A draft road map has been developed based on the direct contacts mission’s recommendations, reflecting the Government’s determination to align national legislation with its international obligations. The Government reiterates that freedom of association is constitutionally protected in Liberia and assures that the administration is committed to settling all remaining matters promptly, with a comprehensive update to be provided in its report to the Committee.

Scope of application.Right of civil servants to form and join trade unions of their own choosing. With regard to the recommendations made by the Conference Committee on the Application of Standards in 2022 and 2023 to ensure civil servants’ rights under the Convention, the Committee wishes to recall that it had previously noted that section 1.5(c)(i) and (ii) of the Decent Work Act of 2015 (the Act) excluded from its scope of application work falling within the scope of the Civil Service Agency Act. It had further noted the Government’s indication that public servants, including public defenders and prosecutors, have their collective bodies that seek their well-being and articulate their interests without seeking to be described as unions. The Committee notes that in its conclusions, the direct contacts mission pointed out that the Civil Service Standing Orders, which regulate the conduct and activities of civil servants, do not grant them the right to unionize and bargain collectively on issues related to salaries and working conditions. Civil servants are represented by the Civil Service Association, which lacks the rights of the private sector trade unions. In addition, the direct contacts mission observed that while the Government expressed the willingness to undertake a holistic review of the law to recognize trade union rights for civil servants, pending such legislative amendments, the registration of civil servants’ unions is not envisaged. The direct contacts mission understood that public sector workers in the broader sense of the term – including those in state-owned enterprises and public utilities such as water, sewage, electricity companies – are covered under the Decent Work Act and thus enjoyed the same rights and privileges as private sector workers.

The Committee notes the Government’s argument that although its approach to workers’ organizations differs from other countries, it delivers strong outcomes: its minimum wage is among the highest in West Africa. According to the Government, job protection is stronger under the Civil Service Act than the Decent Work Act. The Government therefore urges that assessments focus on workers’ actual conditions – wages, retention, and safety – rather than on structural differences in labour laws.

The Committee understands that the above statement of the Government does not oppose its intention to review the law to recognize trade union rights to civil servants. The Committee therefore reiterates its previous request and expects the Government to undertake without further delay the holistic review of the law, including the Decent Work Act and the Standing Orders of the Civil Service, in consultation with workers’ and employers’ representative organizations, with the view to recognizing trade union rights for civil servants. The Committee expects the Government to provide information on concrete steps taken in this regard. It further encourages the Government to implement the recommendation of the direct contacts mission that, pending the outcome of the labour law review, the Government establishes an interim arrangement to ensure that the Civil Servant Association of Liberia (CSAL) is represented in different social dialogue bodies, such as the National Tripartite Committee and the Wage Board.

Registration of NAHWUL. For many years, the Committee, has been calling on the Government to harmonize the Decent Work Act and the Standing Orders of the Civil Service to enable NAHWUL to register as a trade union organization and grant it full statutory recognition in law and in practice. The Committee understands from the direct contacts mission’s report and the report of the Government that members of NAHWUL include both public and private health workers, and their legal status depends on the upcoming harmonization of the Decent Work Act and the Standing Orders of the Civil Service, a process the Government is fully committed to, as agreed with the direct contacts mission. The Government asserts that following the May 2025 meeting with the technical mission from the Office, it agreed to establish a committee composed of Tripartite Council members and other stakeholders to begin revising and harmonizing the Decent Work Act and the Standing Orders of the Civil Service so that they fully comply with the Convention. Welcoming the above measure to advance harmonization of the Decent Work Act and the Standing Orders of the Civil Service, the Committee firmly hopes that, in the near future, the process will enable NAHWUL to register as a trade union organization and benefit from full statutory recognition in law and in practice. The Committee expects the Government to provide information on tangible progress in this regard.

Article 1 of the Convention. Right of workers, without distinction whatsoever, to establish organizations.Maritime workers. The Committee notes the Government’s indication that Liberia’s maritime law will be aligned with the Convention during the labour law harmonization process, including amending section 1.5(c)(i) and (ii) of the Decent Work Act, which currently excludes maritime workers and trainees. The Committee expects the Government to provide information on tangible measures to ensure that maritime workers, including trainees, fully enjoy their right to organize.

Foreign workers. The Committee notes the Government’s indication that it plans to review section 45.6 of the Decent Work Act within the labour law harmonization process to ensure that foreign workers are able to establish and form trade union organizations in addition to their right to join trade unions. The Committee expects the Government to provide information on tangible measures to ensure that foreign workers fully enjoy their right to organize.

Article 3. Determination of essential services. The Committee recalls that it had previously requested the Government to clarify the practice of the designation of essential services by the National Tripartite Council of Liberia (NTCL), including whether the President – who is neither bound nor obliged to follow the recommendations of the NTCL under section 41.4(d) – is bound by the definition of essential services contained in section 41.4(a) of the Decent Work Act. The Committee notes the Government’s indication that the NTCL has not yet designated essential services, defined as services the interruption of which would endanger the life, personal safety, or health of the whole or any part of the population, and that such determinations will be made in the context of the forthcoming labour law review. The Government states that the NTCL intends to designate essential services without presidential direction. The Committee expects the Government to provide information on the practice of the designation of essential services by the NTCL and to specify any case where essential services are designated by Presidential notice without the recommendation of the NTCL (section 41.4(d) of the Decent Work Act).

In conclusion, the Committee notes the intention of the Government to address labour law issues and its request to continue availing itself of the technical assistance of the Office. It recalls the long-standing and serious nature of the outstanding issues, the resolution of which primarily requires the Government to urgently engage in the labour law review. In the meantime, the Committee invites the Government to consider establishing temporary arrangements for associations and unions of workers in the public service to fully exercise their rights as required by the Convention. The Committee expects the Government to make every effort to take the necessary action without further delay.