By Sir-George S Tengbeh
Labor Minister Cooper Kruah’s recent announcement of an engagement forum to examine the alignment of the Decent Work Act (DWA) with International Labour Organization (ILO) Conventions is a watershed point in Liberia’s labor history.
The project seeks to achieve equitable treatment of public and private sector workers by matching national laws with international norms (Ministry of Labor, 2024). However, while the minister’s objectives appear admirable, certain underlying concerns require immediate correction.
First, it is critical to understand the backdrop of the Decent Work Act and its beginnings. The DWA was created as an experimental framework for evaluating labor situations in ILO member states and determining the viability of implementing comprehensive labor standards.
Despite its original interim status, Liberia accepted the DWA in 2014-2015, owing to internal pressures and a desire to gain international money (Gibson, 2022). The premature adoption ignored key components of the earlier Liberia Labour Law, resulting in serious gaps in worker protection.
Minister Kruah’s pushes to combine the DWA with ILO Conventions, particularly Convention No. 87 on Freedom of Association, is a positive step forward. This convention provides workers and employers the freedom to create and join organizations without intervention, supporting a strong and autonomous labor movement (ILO 1948).
Implementing this agreement would allow Liberian workers to advocate for better working conditions and collective bargaining rights, addressing the exploitation and neglect they are currently experiencing.
However, the DWA remains incomplete and does not provide enforceable labor rights. For example, chapters on wrongful dismissal and workers’ compensation contain ambiguous standards with no clear consequences for infringement (Ministry of Labour, 2015).
This creates a dilemma in which the legislation exists but fails to provide adequate protection for employees. In contrast, the Civil Service Agency (CSA) Standards provide more severe penalties for labor infractions, emphasizing the need for a comprehensive legal framework that combines the strengths of both laws.
Examining other nations’ experiences with the ILO Decent Work Act and similar frameworks can provide helpful insights. Many countries have refused to adopt the DWA altogether, preferring to strengthen their existing labor laws using ILO principles.
For example, Germany and Sweden have strong labor policies that balance worker protections with economic flexibility, resulting in excellent workplace safety and employee rights standards (OECD, 2020). These countries show that a personalized strategy, rather than a blanket adoption of international frameworks, can lead to better outcomes for workers.
Corruption and inefficiency are prevalent in Liberia’s labor sector. The story of ArcelorMittal exemplifies how local worker unions, which have been co-opted by management, fail to effectively represent the workforce’s interests (Tengbeh, 2024).
Workers endure discrimination, a lack of medical insurance, and arbitrary dismissals in the absence of appropriate union representation. This mirrors a larger trend in which unions and labor leaders prioritize personal benefit over the well-being of their employees.
The ILO’s insistence on incorporating Convention 87 within the DWA highlights the need for serious reform. Beyond harmonizing laws, there must be a cultural shift inside the Ministry of Labour and its institutions.
Minister Kruah should prioritize establishing a Tenure Labor Regulatory Office to independently regulate labor practices and maintain a long-term commitment to worker rights (Tengbeh, 2024). This office might resolve disparities in unionization rights across industries and impose consistent rules in all workplaces.
Furthermore, addressing systemic concerns like nepotism and tribalism is critical. These factors contribute to unequal implementation of labor rules and protect exploitative practices in specific locations and industries. The Minister’s advocacy should promote openness and accountability, ensuring that all workers, regardless of sector, are treated fairly and protected by the law.
Let me continue by emphasizing that, while the effort to align the DWA with ILO Conventions is admirable, it must be part of a larger strategy to reform Liberia’s labour market.
This entails updating and combining the DWA with CSA Standards, guaranteeing strict enforcement of worker safeguards, and establishing an accountability culture among labor organizations. Only then can Liberia genuinely maintain the principles of decent work and provide its workers with the dignity and rights they deserve.