By Sir-George S Tengbeh
Introduction
Liberia’s labor sector is in dire straits, plagued by bad labor practices, concession company exploitation, insincere policymakers, lack of transparency, misplacement of labor representatives, and ineffective trade and workers unions.
This reality is not merely a byproduct of systemic inefficiencies but a deliberate outcome of years of neglect by labor leaders and government officials who prioritize personal gain over the welfare of the workforce. Internal and external fight for power in the ministry of labor is nothing new to the people of Liberia. We are witnessing another new trend of these issues under a new administration.
𝐓𝐡𝐞 𝐃𝐞𝐜𝐞𝐩𝐭𝐢𝐯𝐞 𝐅𝐚𝐜𝐚𝐝𝐞 𝐨𝐟 𝐭𝐡𝐞 𝐃𝐞𝐜𝐞𝐧𝐭 𝐖𝐨𝐫𝐤 𝐀𝐜𝐭
The Decent Work Act (DWA) was intended as a pioneering step toward enhancing labor standards in Liberia. However, its implementation has revealed significant flaws, rendering it more of a cosmetic change than a substantive improvement.
The DWA, likened to a “scientific test” by critics, remains incomplete and lacks crucial protections for workers (Ministry of Labor, 2015). The Act does not adequately support key ILO conventions, particularly Convention No. 87, which guarantees workers the right to form and join organizations without interference (ILO, 1948).
Why convention 87 is necessary and why is the ILO recommending its inclusion in the DWAL? Again, let me reintroduce that the Decent Work Act of the ILO was a hypothesis created by the ILO to test the labor environment of all its member states and see if it’s possible for adoption.
However, Liberia being a country with lazy labor representatives and leaders who care only about projects from international organizations so they can get their share, approached the ILO between 2014 and 2015 to have the DWAL adopted and applied in our labor sector thereby canceling our best labor constitution (The Liberia Labour Law).
𝐖𝐡𝐲 𝐢𝐬 𝐭𝐡𝐞 𝐈𝐋𝐎 𝐚𝐬𝐤𝐢𝐧𝐠 𝐋𝐢𝐛𝐞𝐫𝐢𝐚 𝐭𝐨 𝐚𝐝𝐨𝐩𝐭 𝐂𝐨𝐧𝐯𝐞𝐧𝐭𝐢𝐨𝐧 𝟖𝟕 𝐢𝐧 𝐭𝐡𝐞 𝐃𝐖𝐀𝐋 𝐨𝐟 𝐋𝐢𝐛𝐞𝐫𝐢𝐚? 𝐖𝐡𝐚𝐭 𝐚𝐫𝐞 𝐭𝐡𝐞 𝐂𝐨𝐧𝐭𝐫𝐚𝐝𝐢𝐜𝐭𝐢𝐨𝐧𝐬 𝐨𝐟 𝐭𝐡𝐞 𝐃𝐖𝐀𝐋?
Convention No. 87 of the International Labour Organization (ILO), adopted in 1948, is the Freedom of Association and Protection of the Right to Organise Convention. This convention guarantees workers and employers the right to form and join organizations of their choosing without prior authorization.
It establishes the right of workers’ and employers’ organizations to draw up their constitutions and rules, elect their representatives in full freedom, organize their administration and activities, and formulate their programs without interference from public authorities. For Liberia, ratifying and implementing Convention No. 87 would mean strengthening the legal framework to protect these rights, thus enabling a more robust and independent labor movement.
This would empower Liberian workers to collectively advocate for their rights, improve working conditions, and address grievances effectively. It would also promote social dialogue, enhance workplace democracy, and contribute to social and economic stability in the country.
Our DWAL has created a big contradiction in the sector. It does not protect the rights of our workers. It does not support Convention 87 and Convention 89. For example, chapters seven (7), chapter 14 of the DwAL talk about workers’ compensation when they were dismissed wrongfully or illegally, but it does not provide a clearer explanation to support workers.
It also speaks about the employer’s providing due diligence to the employee in the event the employer wants to terminate the employee’s contract. He/she must be investigated by his supervisor, his department, the employee relation office of the company, or the human resources in the presence of the workers or trade union. When all these procedures are followed and the employee is found guilty of the crime against him which warrants a dismissal and it has been proven that he is guilty of the crimes, then in 30 days period (notice period), the employer will send a notice of dismissal to the employee.
The question is, have these due diligence procedures been accorded to employees? We have a useless DWAL of Liberia that does not provide explicit support to the employees.
𝐂𝐨𝐧𝐜𝐞𝐬𝐬𝐢𝐨𝐧 𝐂𝐨𝐦𝐩𝐚𝐧𝐢𝐞𝐬 𝐚𝐧𝐝 𝐏𝐨𝐥𝐢𝐜𝐢𝐞𝐬 𝐌𝐚𝐤𝐞𝐫𝐬: 𝐄𝐱𝐩𝐥𝐨𝐢𝐭𝐞𝐫𝐬 𝐨𝐟 𝐭𝐡𝐞 𝐋𝐚𝐛𝐨𝐫 𝐅𝐨𝐫𝐜𝐞
Concession companies like ArcelorMittal and Bea Mountain epitomize the exploitation rampant in Liberia’s labor sector. Workers at ArcelorMittal, for instance, face numerous challenges, including lack of medical insurance and unfair dismissal. The company’s local worker union, supposedly representing employees’ interests, has been accused of being co-opted by management. This compromised union fails to advocate for workers’ rights, leaving them vulnerable to exploitation (Tengbeh, 2024).
The protective elements that are to be in the DWAL were removed by the Lawmakers before it was enacted into law because most of them were playing a double standards game at the expense of the workers. They were winning and dining with the concessions companies, therefore, how could they support workers’ protections and rights when it would delete their brown envelopes (cuts)?
Have you asked why companies like Bea Mountain, Beer Factory, Western Cluster, Mng Gold, and many others are not willing to give permanent employment to Liberians instead of a contract? Go and ask the direct representatives of those companies (Charles Gibson, Dabbah Allan, Charles Brown, Cooper Kruah).
The answer to the question is, that they don’t want Liberians getting their full benefits in case of injuries or wrongful dismissal at the workplace. The secret is, that contractors and employees don’t have the same benefits. That is why they will want to keep you on a low level as a contractor so that you don’t get all your benefits.
Have you asked why a company will sign an MOU to produce one thing but is producing many things? Who is the direct producer? The employees of course. Why are they not paying the employees extra for producing other materials that are not in the MOU or MDA of the company? The people responsible for your sufferings have been named. Go and ask them.
𝐍𝐞𝐠𝐥𝐞𝐜𝐭 𝐛𝐲 𝐓𝐫𝐚𝐝𝐞 𝐚𝐧𝐝 𝐖𝐨𝐫𝐤𝐞𝐫𝐬 𝐔𝐧𝐢𝐨𝐧𝐬
The neglect of trade and workers’ unions to defend workers is glaring. The United Workers Union of Liberia (UWUL), the mother union for ArcelorMittal employees, has shown little interest in addressing workers’ grievances. There is a current case of three dismissed employees without giving them due diligence in line with article 14, section 14.1.2.3 onwards.
After a thorough investigation from many of the workers and union members, I have gathered that the employees dismissed for alleged theft received no support from the union, which instead sided with management without proper investigation (Tengbeh, 2024). This pattern of betrayal extends to other sectors, where unions have become complacent and ineffective, prioritizing their relationships with management over their duty to protect workers.
They don’t represent the interests of the workers anymore. For example, an employee is sick and doesn’t have medical insurance to support his health but the company will ask him to submit his medical bill for a refund. How is (STRONGMAN) going to treat himself before submitting the medical bill for a refund? What is the union doing about it? The mother union of ArcelorMittal (United Workers Union of Liberia, UWUL) is around.
What are they doing? Are they not listening to what the management says without any investigations? Three employees of ArcelorMittal were dismissed for alleged THEFT, the workers union and the mother union will support the decision of the management even when due diligence was not accorded to the employees.
Why? You tell me the answer if it is not because they were bought by the company. They are around, go and ask them for an explanation if they are sincere, they will speak up.
𝐈𝐧𝐜𝐨𝐦𝐩𝐞𝐭𝐞𝐧𝐭 𝐋𝐞𝐚𝐝𝐞𝐫𝐬𝐡𝐢𝐩 𝐚𝐧𝐝 𝐂𝐨𝐫𝐫𝐮𝐩𝐭𝐢𝐨𝐧 (𝐔𝐧𝐚𝐭𝐭𝐞𝐧𝐝𝐞𝐝 𝐥𝐚𝐛𝐨𝐫 𝐜𝐚𝐬𝐞𝐬)
The failures of Liberia’s labor sector are further exacerbated by the incompetence and corruption of its leaders. The current fight at the Ministry of Labor between Deputy Minister Steve and his boss is threatening and represents incompetency at the highest level.
Former labor minister Charles Gibson and former Deputy Minister of Labor for Manpower are prime examples of officials who have neglected their duties.
It has been alleged that Mrs. Hannah Karbo, a female leader from the background of the Trade union was serving as deputy minister for Manpower and planning and at the same time involved with union busting at Bea Mountain Company. There are reports from the ILO channel of complaints that have surfaced showing complaints from the UWUL against the former deputy minister for Manpower and planning.
The former deputy minister for manpower was accused of arresting trade union members and using her power to kick against union CBA. Gibson, in particular, played a double standard role by representing concession companies like Bea Mountain and Western Cluster while serving as minister.
Such conflicts of interest have undermined the integrity of the labor ministry and perpetuated the exploitation of workers (Gibson, 2022). How can APM Terminal have a monopoly and jurisdiction on what they do and no one can question them? Even our lawmakers are weak and can’t do anything.
Have the minister and his labor inspector (Charles Brown) investigated to know whether the African World Airline (AWA) has paid the redundant employees?
The findings were left for the new minister to begin with. Have they started? Those should be the current work activities of the Minister of Labor. We need to ask former Minister Mrs. Hannah Karbo what went wrong at BEA Mountain.
She was the Deputy Minister for Manpower. She is still around. We need to ask these people. These people need to speak up. Charles Gibson is the worst Minister of labor ever and he has to answer why he played a double standard game during his time as minister of labor.
Yes, his firm was representing Bea Mountain and Western cluster at the same time serving as minister. These people were useless to the people of Liberia in the discharge of their duties and we need to speak truth to power. Have you asked why a high school graduate in Dabbah Allan is the only Liberian among the Turkish enslaving our people in connecting with Charles Gibson and now Inspector of Labor Charles Brown? We will report some of these people’s dealings soon.
𝐓𝐡𝐞 𝐈𝐥𝐥𝐮𝐬𝐢𝐨𝐧 𝐨𝐟 𝐋𝐚𝐛𝐨𝐫 𝐋𝐚𝐰 𝐑𝐞𝐟𝐨𝐫𝐦
After many investigations and strong intel, it has been confirmed that the current Labor Minister Cooper Kruah’s efforts to merge the DWA with ILO conventions are a misguided attempt to secure international funding rather than a genuine effort to improve labor conditions.
Kruah’s lack of sincerity in labor relations and his apparent disregard for the real issues facing Liberian workers suggest that his initiatives will bring little improvement (Ministry of Labor, 2024). To weigh more on this matter, check the Facebook page of the Voice of Liberia (VOL) and you will understand why my assertions are true and factual.
𝐀 𝐂𝐚𝐥𝐥 𝐟𝐨𝐫 𝐆𝐞𝐧𝐮𝐢𝐧𝐞 𝐑𝐞𝐟𝐨𝐫𝐦
I think it is about time we uphold the CSA Standards and merge it with the DWAL through a reformative process if that is the best option since the CSA Standing rules have clauses for repercussions and the DWAL doesn’t. Real reform in Liberia’s labor sector requires more than superficial legislative changes. It demands a holistic approach that includes:
- Updating and Strengthening the CSA Standards: Merging the DWA with the Civil Servant Agencies (CSA) Standards would create a unified legal framework with enforceable protections for all workers.
- Implementing ILO Convention No. 87: Ensuring workers’ rights to form and join independent unions is crucial for empowering them to advocate for their interests effectively.
- Establishing an Independent Labor Regulatory Office: A Tenure Labor Regulatory Office with a long-term mandate could oversee labor practices, ensuring accountability and consistency in enforcement.
- Addressing Systemic Corruption and Nepotism: Transparent and accountable leadership is essential to protect workers from exploitation and ensure that labor laws are applied fairly.
𝐖𝐫𝐚𝐩 𝐔𝐩
The labor sector in Liberia is marred by exploitation, neglect, and systemic corruption. Concession companies, policymakers, labor representatives, and compromised unions have failed the workforce, while government officials prioritize their interests over those of the workers.
Genuine reform requires a comprehensive approach that includes updating labor laws, empowering workers through strong unions, and establishing accountable regulatory bodies. Only then can Liberia hope to provide its workforce with the dignity and rights they deserve.
𝑺𝒊𝒓-𝑮𝒆𝒐𝒓𝒈𝒆 𝑺. 𝑻𝒆𝒏𝒈𝒃𝒆𝒉 𝒊𝒔 𝒂𝒏 𝒆𝒙𝒑𝒆𝒓𝒕 𝒂𝒏𝒅 𝒄𝒐𝒎𝒎𝒆𝒏𝒕𝒂𝒕𝒐𝒓 𝒐𝒏 𝑳𝒂𝒃𝒐𝒓 𝑹𝒆𝒍𝒂𝒕𝒊𝒐𝒏𝒔, 𝑷𝒐𝒍𝒊𝒄𝒊𝒆𝒔, 𝒂𝒏𝒅 𝑮𝒐𝒗𝒆𝒓𝒏𝒂𝒏𝒄𝒆. https://www.facebook.com/profile.php?id=61558476932744 𝑨𝒄𝒉𝒊𝒆𝒗𝒆𝒎𝒆𝒏𝒕𝒔: 𝑴𝑨, 𝑴𝑺𝒄, 𝑩𝑺𝒄, 𝑨𝑨: 𝑾: +4915213885030: 𝑬:𝒈𝒔𝒕𝒆𝒏𝒈𝒃𝒆𝒉@𝒈𝒎𝒂𝒊𝒍.𝒄𝒐𝒎
