Country Report on Human Rights Practices for 1989
LIBERIA
.
The Liberian Constitution provides for an American-style
democratic system of government and guaranteed rights and
freedoms for the individual. However, in practice, Liberia is
ruled by Samuel K. Doe, who came to power in a coup d'etat in
1980 and transformed his military regime to a civilian
government after being elected President in 1986 in elections
widely believed to have been rigged in his favor. He and his
ruling party, the National Democratic Party of Liberia (NDPL)
,
with strong backing from the military, increasingly dominate
Liberian political life. Three opposition parties are legally
recognized and permitted to function, but they continue to
protest the Government's conduct of the 1985 elections and
decided not to participate in the 1989 by-elections.
The army continues to be a bulwark of the current
administration and has major responsibility for internal
security functions. Military indiscipline continues to result
in harassment of civilians. A small police force is used for
maintaining domestic order. At the end of the year, a small
group of regime- opponents crossed the Liberian/Cote d'lvoire
border into Nimba county, assassinating local officials and
killing unarmed civilians. In responding to these attacks,
elements within the Armed Forces of Liberia (AFL) are credibly
reported to have ignored orders to avoid attacks on innocent
civilians, an unknown number of whom were killed. Both
dissidents and AFL troops have largely concentrated their
actions against civilian members of ethnic groups not their
own. This conflict also resulted in tens of thousands of
Nimba County residents seeking refuge in the Cote d'lvoire.
Liberia's mixed economy is based primarily on traditional
agriculture and exports of iron ore, rubber, and timber. It
continues to suffer from foreign exchange shortages,
widespread corruption, a heavy debt burden, and governmental
mismanagement. Nonetheless, in 1989 the private sector
rebounded after a long decline that finally bottomed out in
1988. The modest recovery was due in large part to higher
world prices for Liberia's two main exports, iron ore and
rubber. Prospects for the future of the economy remain
clouded by the Government's failure to implement a meaningful
structural reform program and uncertainty about export prices.
Despite constitutional guarantees, there were extensive human
rights violations in 1989. In addition to the year-end
violence in Nimba county, major concerns included the use of
arbitrary arrest and detention, military and police abuse and
harassment of citizens, and tight restrictions on freedom of
speech and press, association and assembly, the right of
citizens to change their government, and women's rights. Of
particular concern was the slow, steady erosion in press
freedom. In June the Government closed another independent
media outlet, the Catholic Radio Station, ELCM, which, alone
among the independents, had sometimes criticized the
Government. Despite the success of a joint government-private
accreditation agreement for journalists, the possibility of
further government interference with the press was raised by
the creation of a government-dominated Communications
Commission with the power to revoke media operating licenses.
The combination of government/NDPL pressures, which brought
opposition defections to the NDPL, and opposition boycotts in
both the legislature and in 1989 by-elections moved Liberia
closer to a de facto one-party system. In these
circumstances, the Elections Commission (made up of formerhlBE&Ih
NDPL members) has made little effort to engage in substantive
dialog with opposition parties to meet their legitimate
concerns. The leader and legal counsel of the banned Liberian
Unification Party, William Kpoleh and Ceasar Mabande, jailed
after a controversial trial in 1988, remained in prison at the
end of 1989; at the beginning of the year, the Supreme Court
granted them a new trial.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of politically motivated killings in
1989 but both dissidents and government forces killed innocent
civilians in the year-end violence in Nimba County.
Additionally at least one person died after a beating
administered by soldiers, and two persons died in official
custody in suspicious circumstances (see Section I.e.). The
Government did not undertake any form of official inquiry into
the circumstances surrounding the deaths of Major General
Podier, a former vice head of state, and several others
killed, allegedly in combat, by security forces in 1988.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Criminal suspects are treated harshly and often receive severe
beatings from the police. The constitutional rights of the
accused are often ignored. In August several dozen people in
Nimba County were reported to have been beaten and robbed by a
group of soldiers under the direction of an official of the
Ministry of Internal Affairs. At least one person, a woman,
died from the mistreatment and several others needed medical
attention. The beatings were allegedly carried out at the
behest of a local clan chief as part of an investigation into
alleged occult activities in the area. Although an
investigation found the chief to be culpable. President Doe
released him at the end of 1989 as a result of the incursion
into Nimba County which allegedly lent credibility to his
claims of subversion in the area.
Prison conditions, which have long been dangerous to life and
health, did not improve in 1989. Cells are often small and
without windows or ventilation. Food, exercise opportunities,
and sanitary facilities are grossly inadequate. The maximum
security prison at Belle Yella in remote Lofa County is
notorious for its harsh regimen, including incommunicado
detention. There have been credible reports, including in
Amnesty International's (AI) 1989 Report, that a number of
prisoners have died at Belle Yella in past years under
unexplained circumstances. AI reports indicate that at the
Post Stockade, a military detention center in Monrovia,
civilian detainees have been held illegally for months and
forced to sleep on the floor, without bedding, often covered
in excrement. In some circumstances, detainees have had to go
without water and food for several days. Although the
Constitution states that civilians may not be confined in any
military facility, this provision is frequently ignored.
24-flnfi n_Qn_LlSE&Ih
Two defendants in the General Allison trial (see Section
I.e.)/ Augustine Fanga and Henry Walker, died in custody under
unexplained circumstances. Officials attributed their deaths
to their "poor health" on arrival at the prison.
d. Arbitrary Arrest, Detention, or Exile
Although police are supposed to have a warrant for arrest, and
persons should be charged or released within 48 hours, these
constitutional provisions are frequently ignored in practice,
particularly in cases involving alleged security threats or
violations. Three students were detained without charge for 2
weeks for attempting to revive a student organization (see
Section 2.a.). A county superintendent was held without being
charged for over a month before being released and
reinstated. Members of a jury were jailed for a few days by a
judge in a Bong County Criminal Court for bringing in the
"wrong" verdict.
In many cases* prolonged detention of persons without charge
occurs as a result of judicial inefficiency and administrative
neglect. Reports appear from time to time that many of those
in Liberian prisons have been "forgotten" by the judicial
system and continue to remain in prison although they have
never been tried. In May a local lawyer succeeded in gaining
freedom for over 30 people so detained in Monrovia Central
Prison. A writ of habeas corpus was filed on behalf of a list
of 205 persons alleged to have been held without charge, some
for as long as 2 years, although some were later found to have
been released previously or properly charged. In a series of
hearings before a judge, more than 30 prisoners were ordered
released unconditionally after it was determined that they had
never been properly charged in accordance with their
constitutional rights. Reliable sources indicate that at the
same time, and possibly because of this case, as many as 50
inmates of Monrovia Central Prison were released by prison
authorities, because they too had never been charged.
A number of well-known Liberians, such as Professor Amos
Sawyer, who chaired the National Constitutional Commission and
headed the now banned Liberian People's Party, remained in
exile in 1989, many of them in the United States. Human
rights organizations have pointed to the case of Nathaniel
Nimley Cholopy, who, after returning to Liberia in December
1987, was immediately arrested and held in incommunicado
detention for almost a year in both the Post Stockade and
Belle Yella. He was released uncharged in November 1988.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
Liberia's civilian court system is based on Anglo-American
jurisprudence and features similar judicial bodies, with the
Supreme Court at its apex. The Constitution provides for
public trials and states that there shall be no interference
with the lawyer-client relationship. Nonetheless, the
judicial system is often subject to manipulation, and reports
of financial or political pressure on the courts are common.
Corruption in the judiciary has become almost
institutionalized: bribes are often paid to delay cases
indefinitely, thousands of which are currently "pending"
before the courts. Like government agencies, the judiciary
suffers from a severe shortage of the basic tools it needs toLI££EIA
do its work, such as office supplies, stenographers, and
records of precedent cases.
Despite constitutional provision for separation of powers, the
judiciary has a history of succumbing to the wishes of the
executive, as in 1987 when President Doe insisted on, and
received, the resignation of the entire Supreme Court.
Moreover, court orders are not always implemented by executive
agencies including the military. In 1988, when a leading
political figure and nine other conspirators came to trial
before the Criminal Court in August, the military authorities
continued to deny them access to legal counsel, in defiance of
a court ruling. In cases of persons alleged to have been
improperly jailed, prison authorities refused to transport
them to the courthouse. In many instances executive
authorities often demand fees for performance of judicial
duties such as serving subpoenas, collecting witnesses, and
executing warrants.
Persons have the right to legal counsel and to bail in
noncapital offenses. Where the accused is unable to secure
his own lawyer, the court is required to provide legal
services, although a lack of resources limits this practice to
those accused of "serious" offenses. Litigants have the right
to appeal. Traditional courts, presided over by tribal
chiefs, are bound neither by common law nor by conventional
judicial principles; they apply customary and unwritten law to
domestic and land disputes as well as petty crimes. These
decisions may be reviewed in the statutory court system or
appealed to a hierarchy of chiefs. Administrative review by
the Ministry of Internal Affairs and, in some cases, a final
review by the President may follow. Allegations of corruption
and incompetence in the traditional courts are common.
Several prominent political figures convicted of statutory
crimes remained in prison at the end of 1989. The leader and
legal counsel of the banned Liberia Unification Party, William
Gabriel Kpoleh and Ceasar Mabande, convicted of treason in
1988 after a controversial trial, appealed their sentences to
the Supreme Court and remained in prison at year's end pending
the Court's decision; they have been granted, however, a new
trial.
In the major trial of 1989, a military court sentenced Defense
Minister Gray D. Allison to death for ritual murder, although
at year's end the sentence had not been carried out. Two of
the 10 defendants died in prison as a result of lack of
medical attention. They had been delivered to the prison
after having been severely beaten by unknown assailants.
Allegedly Allison and nine others attempted to obtain human
blood for a witchcraft ritual that would enable them to
overthrow President Doe. Allison claimed that the accusations
were politically motivated. The trial did not meet
internationally accepted standards of fairness, even though
Allison was allowed defense counsel of his own choosing, and
both he and his counsel were allowed to make lengthy
statements to the court-martial board. The trial was closed
to the public and press, only edited transcripts and
television footage of court proceedings were released to the
public, and questions were raised about possible coercion of
witnesses.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
In 1989 the political and military leadership took action
against at least 30 soldiers accused of harassing or
mistreating civilians. These included a private who was
discharged for striking an American citizen at a checkpoint in
April, and Major John Solonteh, the Deputy Provost for the
AFL, who was sentenced to a year at hard labor for extorting
bribes from local businessmen. The number of disciplinary
cases increased from 1988 to 1989. Nevertheless, military
harassment and intimidation of civilians at checkpoints
remained a continuing problem in 1989. There were random
shakedowns of civilians, including outside checkpoints, and
occasional episodes of violence. During a municipal clean-up
campaign in March, soldiers were observed commandeering
vehicles, forcing people to work at gunpoint, and occasionally
beating those who resisted. In these instances, no action was
taken against the soldiers.
Interference bycivil and military authorities in the lives of
ordinary citizens occurs on a wider scale in rural areas,
where local officials wield considerable power over the
day-to-day activities of citizens and proper police and
judicial procedures are even less likely to be followed.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
While the Constitution includes provisions for freedom of
expression, including freedom of speech and of the press these
freedoms were substantially set back in 1989. The Government
closed the major private radio station; and two newspapers
closed in 1988 (Footprints Today and The Sun Times) remained
closed in 1989. The Constitution also stipulates that persons
be held "fully responsible for the abuse" of these rights.
Decree 88a, passed by the Military Government in 1984,
declares the spread of "rumors, lies, and disinformation" to
be a felony. This Decree has not been revoked or challenged
in court and is therefore still in force. Government
authorities have not invoked the decree in the past 5 years,
and no one has ever been convicted of violating it. However,
human rights activists point out that this Decree has a
chilling effect on freedom of expression and of the press and
that the Government has not needed to use it to achieve its
objectives.
The Liberian press practices self-censorship. All media
refrain from direct attacks on the President and certain other
senior government officials. As many as five independent
newspapers appeared in Monrovia in 1989, though seldom did
more than four publish on any given day. The one
government-owned newspaper appears twice weekly. The
government-controlled radio and television outlets dominate
the news and provide almost no coverage of opposition views,
despite constitutional guarantees of access.
In 1989, as in the past, government harassment of journalists,
ranging from scuffles with police and confiscation of
reporter's film to the overnight detention of one newspaper
editor, continues to be a constant theme. In a major
development, in June the Ministry of Information, Culture, and
Tourism (MICAT) shut down Catholic Radio Station ELCM (one of
three independent radio stations in Liberia) for reporting
that several people had died in a crowd stampede at a local
soccer stadium. MICAT originally demanded a transcript of the
report and, when none was forthcoming, closed the station.
After some public comments by Catholic Archbishop Michael
Francis, President Doe made a speech castigating politically
active clerics and decreeing that the station would remain
"forever closed," a decision the Church declined to contest.
Since the closing of ELCM, there has been a marked decline in
the airing of opposition views in either the independent or
government broadcast media. The banning of ELCM has left two
religiously affiliated, largely apolitical, radio stations:
the Sudan Interior Mission-sponsored ELWA and Radio Baha ' i.
In practice, sessions of the Liberian legislature remain
closed to the public, a restriction of the constitutional
right of citizens to be informed about their government. In
the waning days of the 1989 legislative session, a bill was
passed creating a national "Communications Commission" to
"monitor and control" the Liberian media. Although the
Commission will have a few members representing private
entities, and all of the Board's decisions may be appealed to
the courts, the independent press believes the Commission
could be used as a censorship tool. The Board will have the
power to impose fines and revoke operating licenses; its
members will be presidentially appointed, mostly from the
ranks of government officials, and its head will be the
Minister of Posts and Telecommunications (PTT) . One of the
organizations to be represented on the board, the Press Union
of Liberia (PUL), has already declared that it will not
participate due to what it considers to be the
unconstitutional mandate of the Commission.
The PUL has been outspoken on a number of media-related issues
but also has cooperated with the Government. An agreement
between the PUL and MICAT for the joint accreditation of
journalists has been in place since May, and at the end of the
year there had been no reported problems with attempts to
revoke or deny credentials. In May the PUL sponsored a
seminar on "The Rule of Law in a Democratic Society" in which
speakers discussed frankly the need for strict adherence to
the rule of law and specifically criticized the Government for
various failures to do so.
Academic freedom is limited. The firing last year of a
University of Liberia professor for political statements has
inhibited some other academics. All student politics were
banned in 1988 by Executive Order Number Two of that year, and
the ban on student politics has been incorporated into the
University of Liberia's handbook of rules and regulations.
Although technically that executive decree has expired, two
students were suspended from the University of Liberia in
October, and three students were detained without charge for 2
weeks for attempting to revive a student organization. There
are no functioning student political organizations, and there
has been virtually no open political activity on the
University of Liberia campus. The Government initiated an
investigation when an NDPL official alleged that opposition
United Peoples Party (UPP) teachers had "infiltrated" the
schools in rural Rivercess County for political purposes.
b. Freedom of Peaceful Assembly and Association
"The Constitutional right to peaceful assembly and association
is observed more often in urban areas than in rural areas.
Permits must be acquired for public marches andLI££EIA
demonstrations; however, no political party or other group
attempted to organize any significant demonstrations in 1989.
In 1989 legal opposition groups did conduct public and private
meetings and other organizational activities in the Monrovia
area without interference from the Government. Freedom of the
opposition to organize and operate in the rural areas is
largely dependent on the tolerance of local officials who have
considerable discretion in dealing with strictly local
issues. The opposition UPP party held several rallies in
rural areas in July, with no immediate interference from the
Government, although some participants later reported
harassment. According to Human Rights Watch, the Government
employs intermittent surveillance of opposition figures and
the harassment, including arbitrary detention, of many
political party members to limit the effectiveness of
opposition activity. The U.S. Embassy has no record of party
activists being detained in 1989.
A 1986 Supreme Court ruling banned the "Grand Coalition," an
ad hoc coalition of the three opposition political parties,
claiming it was not organized in accordance with the Election
Commission's (ECOM) rules. In July 1989, the heads of the
three major opposition parties announced plans to hold a joint
meeting, and the elections commission declared that any such
meeting would constitute an illegal revival of the banned
"Grand Coalition." President Doe, however, reversed the ECOM
decision, and the meeting went ahead with no further
government interference. Leaders of the various political
groupings meet on an informal basis without overt government
interference. Opposition activists complain of government
harassment, including dismissal from employment, but some
prominent opposition members hold government jobs. Civil
servants are not forced to join the NDPL, but it is highly
advantageous for career advancement.
The Government initiated in 1988 a check-off system for party
dues to be deducted from civil servants' paychecks, but
participation has thus far been voluntary and erratically
conducted. Opposition politicians complain that the
Government's ability to award jobs and other patronage gives
the NDPL an unfair and unconstitutional advantage. The
opposition UPP has demanded that NDPL organizers desist from
solicitation of funds from local businessmen, an activity
prohibited by the Constitution. ECOM has supported the UPP
position, although solicitation may still occur under other
guises.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
The Constitution states that freedom of religion is a
fundamental right of all Liberian citizens, and in practice
there are no restrictions on this right. No religion has
preference over others, and there is no established state
religion. Christianity, brought by 19th-century settlers and
spread through the interior by missionaries, has long been the
religion of the political and economic elite, and many public
figures refer to the "Christian principles" on which Liberia
was founded. The majority of the rural population continues
to practice traditional religions. Approximately 25 percent
of the population is Muslim. The Liberian Council of
Churches, an organization composed of most of the ChristianLIfi££IA
denominations in Liberia, occasionally plays a prominent role
in national affairs.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The Constitution provides every person the right to move
freely throughout Liberia and to leave or enter the country at
any time. Domestic movement, however, is still impeded by a
network of internal checkpoints. The number of such
checkpoints decreased sharply in late 1987 but rose again in
reaction to alleged coup plots in 1988 and large-scale rice
smuggling in 1989. Police and military personnel at these
checkpoints routinely search vehicles and often solicit bribes
from passengers.
Exit visas are required for all Liberians and most
non-Liberians leaving the country. These are routinely
issued. A prominent Liberian dissident living in the United
States asserted in 1989 that the Government had denied her a
passport. There were no reported restrictions on the foreign
travel of Liberians in 1989. Despite allegations by human
rights groups that the Government maintains a "black list" of
persons who may be denied permission to travel or who may be
arrested upon their return, there is no evidence of the
existence of such a practice.
There are 247 refugees in Liberia. Refugees are not forced to
return to the countries from which they have fled. In a few
cases in past years, however, the Government sought to deport
refugees who became involved locally in political activities.
As a result of year-end violence in Nimba County, tens of
thousands of residents fled to neighboring countries.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Despite universal suffrage and constitutional guarantees of
free and fair elections, there is serious doubt that Liberian
citizens are free in practice to change their government
democratically. The only national election since the 1980
coup perpetuated the rule of President Doe and was widely
believed to have been fraudulent. The Liberian Government is
structured along the lines of the American model, with three
separate but theoretically equal branches of government,
including a bicameral legislature. In practice, the executive
branch, and the President in particular, has a preponderant
share of power. In recent years the number of military men in
government has declined, but the military remains a major
force in support of the Doe Government.
The legislature (26 senate seats, 62 house seats) is subject
to inordinate executive influence, and lacks the
assertiveness, resources, and political will to play its
constitutionally mandated role of coequal in governance. In
1989 it passed a number of executive-sponsored bills with
little or no debate, confirmed virtually all presidential
appointments sent before it, and failed to promote any
significant legislative initiatives of its own. The
executive, moreover, regularly took budgetary and other
actions which the Constitution gives exclusively to the
legislature. Opposition parties formally continue to boycott
the legislature. A small number of legislators, elected in
1985 on opposition tickets, but taking seats as independents,
functions as an informal opposition grouping. ItsLIBERlh
effectiveness was undercut in 1989 due to the death of its
most prominent member and numerous defections to the NDPL.
The Constitution provides for an Elections Commission to
monitor all political activities in the country. The
elections law empowers the Commission to certify parties,
conduct all elections, and count election ballots. The five
commission members are appointed by the executive for life and
currently are all former members of the ruling NDPL. Citing
the widespread fraud that occurred during the 1985 elections,
the opposition has in the past called for an independent
vote-counting mechanism. When the deaths of two legislators
necessitated by-elections in two counties in October 1989, the
opposition UPP asked ECOM to amend elections procedures as a
de facto condition for participation in the by-elections.
ECOM denied any need for changes, and all opposition parties
boycotted the by-elections where two NDPL candidates ran
virtually unopposed.
The Constitution prohibits creation of a one-party state.
Four political parties are officially recognized by the
Elections Commission—the ruling NDPL, the United Peoples
Party (UPP), the Liberia Action Party (LAP), and the Unity
Party (UP). The level of activity of the three opposition
parties varies, but in the last 2 years each held conventions
or other large party gatherings and expressed its views freely
in the press and at public forums. A lack of financial
resources crippled their activities, however, and prevented
the publication of newsletters on a regular basis. Although
the UPP expressed willingness to participate in electoral
politics for a few years after the disputed election of 1985,
and did participate in one by-election, it abandoned its
policy of seeking cooperation in late 1988 and joined with the
other two opposition parties in 1989 to boycott the 1989
by-elections.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
In recent years the Government has permitted representatives
of various organizations, including Amnesty International (AI)
and the International Committee of the Red Cross (ICRC), to
visit Liberia and investigate alleged human rights
violations. While it did not respond directly to inquiries
from AI about the conduct of General Allison's trial, it
permitted a visit by representatives of the Lawyer's Committee
for Human Rights at the end of the year.
Although no Liberian organizations currently exist for the
express purpose of monitoring human rights developments, the
Press Union of Liberia, the Liberian Bar Association, and the
Liberian Council of Churches have spoken out on human rights
issues in recent years. The Liberian Red Cross routinely
visits prison facilities, mostly in the Monrovia area, and in
1988 was permitted for the first time in recent memory to
carry medical and sanitary supplies to the isolated maximum
security prison at Belle Yella.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
The Constitution states that "only persons who are Negroes or
of Negro descent" shall qualify by birth or naturalization to
be citizens of Liberia. The Constitution further states that
only Liberian citizens can own real property. These
provisiTjns discriminate against many nonblack residents who
were born in Liberia and consider it their home. Otherwise,
there is no officially sanctioned discrimination on the basis
of race, religion, language, or social status. However,
members of President Doe's Krahn ethnic group hold a
disproportionate share of high posts in the Government and
military and are widely believed to receive preference in
competing for lower level jobs.
The status of women varies by region, but sexual
discrimination is widespread. In urban areas and along the
coast, women can inherit land and property. In interior
areas, where traditional ties are stronger, a woman is
normally considered the property of her husband and his clan
and is not usually entitled to inherit from her husband. In
newly urbanized areas, many women are subject to both
customary and statutory legal systems.
Violence against women, including wife beating, occurs, but as
there are no statistics available, the extent of the problem
is not known. Police do not normally intervene in domestic
disputes, and cases rarely come before the courts. Female
circumcision is widely practiced by the majority of Liberians
who follow traditional religions and is tolerated by
government authorities.
Section 6 Worker Rights
a. The Right of Association
The Constitution states that workers have the right to
associate in trade unions. Over 20 labor unions are
registered with the Ministry of Labor, representing roughly 15
percent of the monetary sector work force. Ten national
unions are members of the Liberian Federatibn of Labor Unions
(LFLU), an affiliate of the International Confederation of
Free Trade Unions. The Government does not recognize the
right of civil servants or employees of public corporations to
unionize or to strike. Many such employees, including
teachers and port workers, are represented by employee
associations. The American Federation of Labor and Congress
of Industrial Organizations maintains that the invalidation of
the teachers' union charter constituted government
interference with members rights to establish organizations of
their own choosing.
Although organized labor historically has not had great
influence in national politics, in recent years it has begun
to assert itself on issues affecting workers' interests.
During 1989 the LFLU was again active in lobbying the
legislature to pass the new labor code. The code, drafted in
1986 with the cooperation of Liberian unions and the
International Labor Organization (ILO), would repeal PRC
(military) Decree 12 outlawing strikes. It had been awaiting
legislative action for 3 years. The House passed the bill in
the last week of the 1989 session, and the Senate was
scheduled to take it up early in 1990. Labor unions are
constitutionally prohibited from participation in party
politics.
In July the Supreme Court put an end to a dispute over the
LFLU's May 1988 elections that had been running for more than
a year. The losing candidates in those elections had appealed
to a civil magistrate and then to the Supreme Court in an
attempt to have the election overruled. The Supreme Court
eventually rejected the appeal on technical grounds, leaving
in place the magistrate's decision that the matter was an
internal union affair that the Government had no reason to
judge.
Promulgated in 1980, PRC Decree 12 outlawing strikes and any
other type of labor unrest is technically still in effect,
although there were no significant strikes in 1989 to test the
Government's December 1988 assertion that unions are free to
strike.
b. The Right to Organize and Bargain Collectively
With the important exception of civil servants and employees
of public corporations, workers have the right to organize and
bargain collectively. In contrast to 1988, there were no
reports of government interference in union organizing
activities in 1989. The Government promotes union/management
negotiations and sometimes provides mediation for disputes
arising out of such negotiations. Associations represent
worker interests with government and management.
The ILO Committee of Experts (COE) has noted that current
labor legislation provides insufficient guarantees against
antiunion discrimination and supports the passage of the new
labor code as a partial remedy.
Labor laws and practices are applied uniformly throughout the
country, including in the unique export processing zone.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced labor, and the practice is
firmly condemned by the Government. The COE, among others,
has raised questions abgut the degree of enforcement of that
prohibition, especially on rural community development
projects. In a broader context, the Government has indicated
that the draft labor code will provide for penal sanctions in
cases of illegal use of forced or community labor.
d. Minimum Age for Employment of Children
The Government prohibits employment of children under the age
of 16 during school hours. Enforcement, which is limited, is
primarily aimed at the wage sector. There is no enforcement
for the many children engaged in the large subsistence farming
sector. Only a minority of children regularly attend school.
e. Acceptable Conditions of Work
The labor law provides for a minimum wage, paid leave,
severance benefits, and safety standards. The minimum wage
for agricultural workers is approximately $0.90 cents per day
at the unofficial exchange rate. Industrial workers generally
receive three or four times this amount. The minimum wage
would not, by itself, be sufficient to insure an adequate
standard of living for a worker and his family, but many
families have other sources of income or receive support
through an extended family system. The maximum hours of work
which an employer can require are 8 hours per day or 48 hours
per week. Safety standards are not rigorously enforced. A
new national pension scheme was implemented in 1988 in which
most workers and employers are required to participate
