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Libeira: Open Letter : 𝐒𝐮𝐛𝐣𝐞𝐜𝐭: 𝐔𝐫𝐠𝐞𝐧𝐭 𝐂𝐚𝐥𝐥 𝐟𝐨𝐫 𝐂𝐨𝐦𝐩𝐫𝐞𝐡𝐞𝐧𝐬𝐢𝐯𝐞 𝐋𝐚𝐛𝐨𝐫 𝐑𝐞𝐟𝐨𝐫𝐦 𝐢𝐧 𝐋𝐢𝐛𝐞𝐫𝐢𝐚

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To: Minister Cooper Kruah
Minister of Labor
Ministerial Complex
Congo Town
Republic of Liberia

From:
Sir-George S. Tengbeh
Labor Policies and Globalization Expert
Researcher and Commentator on Bad Labor Practices and Workers’ Rights
Motto: Mainstreaming Bad Labor Practices and Advocating for Institutional Labor Governance

July 17, 2024

Dear Minister Cooper Kruah,

It is interesting to know you are willing to listen and follow best practices for the good of the Liberian workforce. I write to you with a sense of urgency and deep concern regarding the critical state of labor practices in Liberia. Firstly, let me ask you this question before I deliberate on the issues at stake.

Do you think it is right for a company like (Beer Factory, Bea Mountain, Western Cluster) and all those other companies not mentioned to sign an MOU with the government of Liberia for specific operations and be seen carrying on multiple operations with the same workforce but refuse to pay extra benefits to the employees?

For example, Beer Factory has a contract with the government of Liberia to produce Beer and other drinks but they are also seen producing Guinness STOUT. These productions are by the same workforce. Why are the employees NOT being paid for the extra work they put in? Is that not labor exploitation?

Why are Bea Mountain, Denko Mining, and Western Clusters exploring Black Sand when they should be in the exploration of Gold and diamond? Why are the employees not paid also for the extra work they do since it is the same workforce?

Hon. Minister, who are our labor inspectors? Do they know their functions and whose interest they should be representing? Mr. Minister, when will the Bea Mountain situation be settled just as you asked your team to intervene amidst the ArcelorMittal strike in Nimba county? Is it because BEA Mountain is from Cape Mount county and not Nimba?

Also, another question can’t leave my mind, why are these concessionaire companies hiring Liberians to take up life-threatening jobs but are not willing to give them employment? Why are Liberians occupying life-threatening jobs as contractors? Is it because the company doesn’t want to pay the necessary damages and full compensation in the event these employees suffered injuries or died while on work duties?

Mr. Minister, do we need to remind ourselves about the right to uphold International Human and Labor Rights standards? Contractorship cannot be provided to employees who are working in life-threatening positions. These workers should be employed and have the right to all benefits in the event something dangerous happens to them while on work duties.

These are some of the reasons why (Mr. Strongman) of ArcelorMittal cannot be supported with money for his medical bills even when he is suffering from a life-threatening sickness and lying in the hospital. These are some of the reasons why a boy lost his limbs while on duty at Bea Mountain but cannot get full benefits. He lives in a state of shock and sorrow.

Mr. Minister, please be reminded that the Ministry of Labor is the only Human resource arm of Liberia and is the liaison officer of our economy therefore, upholding Article 18 of the Liberian constitution should also be applied in the dispense of representation. There should be an equal and fair share of labor activities in Liberia.

The recent interactions with the International Labour Organization (ILO) and the ongoing critiques from experts like myself have highlighted the systemic issues and widespread corruption within our labor sector. This letter aims to emphasize the dire need for immediate, comprehensive reforms that will protect our workers, ensure equitable practices, and uphold the integrity of our labor institutions.

𝐒𝐲𝐬𝐭𝐞𝐦𝐢𝐜 𝐏𝐫𝐨𝐛𝐥𝐞𝐦𝐬 𝐚𝐧𝐝 𝐂𝐨𝐫𝐫𝐮𝐩𝐭𝐢𝐨𝐧 𝐢𝐧 𝐋𝐚𝐛𝐨𝐫 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞𝐬

The labor sector in Liberia is plagued by systemic corruption and inefficiencies that have led to the exploitation of workers and the failure to uphold basic labor rights. Recent recordings of labor inspectors discussing bribes reveal a deeply entrenched culture of corruption.

These inspectors, who are meant to enforce labor laws and protect workers, are instead colluding with multinational enterprises (MNEs) to circumvent regulations and exploit laborers. I have been reliably informed and given the many allegations from many whistle-blowers, the current inspector general of the Ministry of Labour has claimed ownership of the entire sand mining area of Caldwell.

He is providing protection and will deny anyone from attempting to inspect these areas. Similar situations are happening around as was heard clearly in the recording I released where some inspectors were claiming ownership of companies’ sites and areas of operations.

Former and present labor inspectors have been implicated in these corrupt practices, undermining the very foundations of our labor enforcement mechanisms.

No wonder why they live luxuriously at the expense of our people’s sweat and blood. This corruption not only erodes trust in our institutions but also places workers in vulnerable positions where their rights are routinely violated.

𝐈𝐧𝐚𝐝𝐞𝐪𝐮𝐚𝐭𝐞 𝐈𝐦𝐩𝐥𝐞𝐦𝐞𝐧𝐭𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐌𝐎𝐔𝐬 𝐚𝐧𝐝 𝐌𝐢𝐧𝐞𝐫𝐚𝐥 𝐃𝐞𝐯𝐞𝐥𝐨𝐩𝐦𝐞𝐧𝐭 𝐀𝐠𝐫𝐞𝐞𝐦𝐞𝐧𝐭𝐬

There is a glaring failure to fulfill the Memoranda of Understanding (MOUs) and Mineral Development Agreements (MDAs) between companies and local communities. Currently, only about 5% of these agreements are being honored.

The spoke person for the Bea Mountain aggrieved workers and a community dweller (Mr. Thompson Kiatamba) has confided in me that this is a systemic problem and Bea Mountain’s refusal to live up to the MOU they signed with the people of Kinjor, Grand Capemount county since 2015 is evidence enough to these claims.

Also, three dismissed employees of ArcelorMittal have provided pieces of evidence that showcase the company’s gross disrespect to the DWAL and refusal to provide a handbook to the employees when they are hired but will go on to read the handbook to them when they are dismissed. This neglect has resulted in severe consequences for community welfare:

  • Lack of Transportation: Workers and their families are deprived of necessities such as transportation for their children to commute to school.
  • Healthcare Deficiencies: There are no adequate hospitals or rehabilitation centers, leaving workers and their families without essential healthcare services.
  • Educational Shortcomings: Technical and Vocational Education and Training (TVET) programs are virtually non-existent, depriving communities of critical skills development opportunities.
  • Unsafe Living Conditions: Communities around these companies lack safe drinking water, a basic human right that is being denied.
  • Absence of Handbooks: Workers are not provided with handbooks outlining their rights and responsibilities, leading to unfair dismissals and other exploitative practices.

𝐋𝐚𝐜𝐤 𝐨𝐟 𝐎𝐒𝐇𝐀 𝐚𝐧𝐝 𝐉𝐨𝐢𝐧𝐭 𝐋𝐚𝐛𝐨𝐫 𝐓𝐚𝐬𝐤 𝐅𝐨𝐫𝐜𝐞

Occupational Safety and Health Administration (OSHA) standards are conspicuously absent in our labor regulations. The inspectors that have been going out there to represent the Ministry of Labor were only after their own pockets.

The creation of a joint labor task force that includes OSHA and labor regulations, working in conjunction with the tripartite committee, is crucial for the promotion of transparency and sincerity. This tripartite should and must include representatives from the communities of these concession areas.

This will create support for the sector and reduce any chance of government employees having secret meetings and dealings with concessions companies as in the alleged case of the former minister of labor (Mr. Charles Gibson, Dabbah Allan) and others. Such a task force would ensure that safety standards are upheld, protecting workers from hazardous working conditions.

𝐈𝐧𝐜𝐨𝐦𝐩𝐞𝐭𝐞𝐧𝐭 𝐚𝐧𝐝 𝐂𝐨𝐦𝐩𝐫𝐨𝐦𝐢𝐬𝐞𝐝 𝐔𝐧𝐢𝐨𝐧 𝐋𝐞𝐚𝐝𝐞𝐫𝐬𝐡𝐢𝐩

The effectiveness of trade unions in Liberia is severely compromised due to the lack of knowledgeable and genuinely representative leadership. Many union leaders lack the requisite skills in collective bargaining, training, and organizing.

All they care about is to mandate the management of these companies for the collection of due payments for their pockets and not in the interest of the workers. A similar case is the current Bea Mountain, ArcelorMittal, and Western Clusters where union leaders will not advocate for the distribution of handbooks to their members but will support the management decision of reading handbook laws to the employee during the time of contract terminations.

Worse, there are numerous instances where union leaders have been co-opted by companies, rendering them ineffective in advocating for workers’ rights. This leaves workers vulnerable to exploitation and without proper representation.

𝐑𝐞𝐜𝐨𝐦𝐦𝐞𝐧𝐝𝐚𝐭𝐢𝐨𝐧𝐬 𝐟𝐨𝐫 𝐈𝐦𝐦𝐞𝐝𝐢𝐚𝐭𝐞 𝐚𝐧𝐝 𝐂𝐨𝐦𝐩𝐫𝐞𝐡𝐞𝐧𝐬𝐢𝐯𝐞 𝐑𝐞𝐟𝐨𝐫𝐦

  1. Merge the DWA and CSSO: Align the Decent Work Act and Civil Service Standing Orders to eliminate contradictions and ensure uniform protection for all workers. This merger should incorporate ILO Conventions, particularly Convention 87 on Freedom of Association.
  2. Form a Competent Tripartite Committee: Establish a robust committee involving government, employers, and genuine worker representatives. Conduct thorough vetting to ensure members possess the necessary skills and are free from corporate influence.
  3. Strengthen Union Leadership: Implement mandatory training programs for union leaders on collective bargaining, labor rights, and organizational management. Ensure leaders are democratically elected and accountable to their members.
  4. Revise and Strengthen Legal Frameworks: Amend the DWA to include explicit protections and repercussions for violations, similar to the stronger provisions found in the CSSO.
  5. Enhance Transparency and Accountability: Enforce transparency in union financial dealings to prevent misuse of union dues and ensure funds are used to benefit workers.
  6. Develop Comprehensive Worker Education Programs: Create educational initiatives to inform workers about their rights and the proper channels for addressing grievances.
  7. Implement OSHA Standards: Introduce OSHA standards to ensure workplace safety. Establish a joint labor task force to enforce these standards alongside existing labor regulations.
  8. Monitor Corporate Compliance: Regularly audit companies to ensure they comply with labor laws and fulfill their CSR commitments. Penalties for non-compliance should be stringent and consistently enforced.
  9. Promote Active Worker Participation: Encourage active worker participation in decision-making processes within their industries to foster a more inclusive and democratic labor environment.
  10. Fulfill MOUs and MDAs: Ensure that companies honor their agreements with local communities, providing necessary infrastructure, healthcare, education, and safe living conditions.

Minister Kruah, let me conclude by saying, the time for change is now. The systemic issues within Liberia’s labor sector can no longer be ignored. The well-being of our workers and the integrity of our labor institutions depend on your decisive action. By implementing these recommendations, we can create a fairer, more equitable labor environment that respects the rights of all workers and upholds the principles of justice and transparency.

Your leadership is crucial in this pivotal moment for Liberia’s labor sector. I urge you to take immediate and bold steps to address these issues and ensure that our labor laws are enforced with integrity and fairness.

Thank you for your attention to these critical matters. I look forward to seeing the positive changes that will arise from your proactive engagement and decisive actions.

Sincerely,

Sir-George S. Tengbeh
Labor Policies and Globalization Expert
Researcher and Commentator: Bad Labor Practices and Workers’ Rights
-Mainstreaming Bad Labor Practices and Advocating for Institutional Labor Governance

References

  1. Tengbeh, S.G. “Critique of Liberia’s Labor Law Implementation,” The Liberian Journal, 2023.
  2. Ministry of Labor, Liberia. “Strengthening Tripartite Engagement to Promote Decent Work,” July 15, 2024.
  3. Republic of South Africa. “Labor Relations Act,” 1995.
  4. Government of Brazil. “Labor Reform Law,” 2017.

 

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