Country Report on Human Rights Practices for 1988
LIBERIA
.
The Liberian Constitution provides for a U.S. -style system of
democratic government and guaranteed rights and freedoms for
the individual. In practice, the legacy of recent military
rule and the tradition of strong executive authority continue
to prevent fulfillment of that ideal. Samuel K. Doe, who
headed the military government which ruled from 1980 until the
establishment of the second republic in January 1986, became
President after elections in which his claim of a narrow
victory was widely believed to have been a fabrication. He
and his ruling party, the National Democratic Party of Liberia
(NDPL) , dominate Liberian political life. Three opposition
parties are recognized and permitted to function. Of these,
one participates in electoral politics and two continue to
boycott the Government and legislature to protest the 1985
elections
.
While Liberia is now ruled by a civilian government, the army
continues to be a bulwark of the current administration.
Liberia's armed forces number about 7,000 and are engaged
mainly in guarding border crossings and fulfilling certain
internal security functions. The lack of military discipline,
especially among poorly paid enlisted men, has resulted in
some petty harassment of civilians. A small police force
assists the armed forces in maintaining domestic order.
President Doe has a personal bodyguard-militia, the Executive
Mansion Guard, which includes the Special Antiterrorist Unit
(SATU)
.
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 crushing debt burden, and governmental
mismanagement. Nonetheless, in 1988 indications emerged that
the long economic decline may have bottomed out, and some
sectors, such as rubber, were expanding. Seventeen U.S.
government-funded financial experts were assigned to positions
within the Government with operational responsibility to
improve management of government finances. Although this
project met with some successes, it was terminated at the end
of the year due to continuing dissatisfaction about the level
of extra-budgetary revenues and expenditures.
The trend towards improved human rights observance since the
resumption of civilian rule in 1986 was set back in 1988 by
several adverse developments. The independent press has grown
bolder in its reporting and editorial content, but the
Government countered in April by detaining several journalists
and by suspending two independent newspapers and one party
newsletter for articles critical of the Government. Political
parties have been allowed to operate and propogate their views
publicly. The ruling NDPL engaged opposition parties in
discussions on possible power-sharing, but it did not give
ground on a key issue in the political dialog--restructuring
the Elections Commission (now controlled by President Doe's
life-time appointees) which oversees the voting process.
Within the military, better discipline has led to a decrease
in incidents of harassment of civilians. The Government's
response to two new coup attempts was relatively restrained
(there were no outbursts of officially tolerated violence as
in November 1985). However, several of the alleged
conspirators, including Nicholas Podier, former Vice Head of
State, died under unexplained circumstances while in
government custody. Others detained in 1988, including
William Kpoleh, former presidential candidate of the defunct
Liberian Unification Party, and two American citizens, were
held for weeks without charge and without access to legal
counsel. Events leading to the trial of Kpoleh and nine
others raised serious questions about the administration of
justice and executive branch willingness to respect the
independence of the judiciary. The NDPL-controlled
legislature, which has shown signs of assertiveness in
reviewing appointments and international agreements,
acquiesced, almost without debate, in an amendment to drop the
constitutional limitation on two terms for the Presidency.
The Government also hit at the right of association by banning
all student organizations and continuing restrictions on
worker rights to unionize.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political Killing
In two separate incidents in 1988, persons linked with alleged
coup attempts against the Government died under questionable
circumstances. In March the leader of an alleged plot to
assassinate President Doe and overthrow the Government died in
a fall from the sixth-floor balcony of the executive mansion,
reportedly while being interrogated regarding his role in the
plot. The Government reported the death as a suicide. In
July the Government announced that a group of 11 foreign-based
dissidents, led by Nicholas Podier, former Vice Head of State,
had infiltrated the country and been intercepted by security
forces in Nimba County. The Government claimed that several,
including Podier, were killed in a firefight, but it is
generally believed that they had been captured and summarily
executed. Three of the infiltrators, including two Americans,
were charged with treason. They were released in November
after writing a letter to President Doe apologizing for their
involvement with Podier.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
There were no reports of officially conducted torture in
1988. However, brutality by police and other security
officials during the arrest and questioning of individuals is
fairly common, and there have been no evident government
efforts to halt this practice. In July Liberian security
personnel reportedly beat and confiscated the property of
several dozen Sierra Leonean nationals resident in Monrovia,
many of whom were later deported for immigration violations.
The beatings and deportations occurred following an altercation
in a Monrovia bar frequented by Sierra Leoneans which resulted
in the death of a Liberian soldier. The Sierra Leonean
Government formally protested the mistreatment of its citizens
at the hands of Liberian authorities.
Prison conditions, which have been bad for decades, did not
improve in 1988. Cells are often small and without light 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 brutal regimen. There have been unconfirmed allegations
of deaths in recent years at Belle Yella due to starvation,
lack of medical treatment, and mistreatment by prison guards.
Because most of the prisoners are held incommunicado, these
allegations cannot be confirmed. Several recent detainees at
the Barclay Training Center (BTC) post stockade in Monrovia,
which is located in the middle of a military facility, have
described appalling sanitary conditions at the prison,
including cells befouled through lack of proper sanitary
facilities. Although the Constitution states that civilians
may not be confined in any military facility, this provision
is frequently ignored.
d. Arbitrary Arrest, Detention, or Exile
Although police are supposed to have a warrant for arrests,
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. In March 10 persons arrested in
connection with an alleged assassination/coup plot were held
for 2 weeks before being charged with treason. From April
through August they were held at the BTC post stockade without
access to family or legal counsel. Five journalists accused
of publishing articles to which the Government took exception
were detained without formal charge for several days in April.
In July the Government detained at least five persons for
alleged involvement in the Podier "invasion." Three, including
two American citizens who were allegedly captured with Podier,
were held for 7 weeks before being charged with treason. Two
others, said to be assisting the Government in its
investigation, remain in custody. A Liberian, who is
reportedly related to a prominent political exile, was
questioned and detained shortly after returning to Liberia
carrying a large sum of money. He was later transferred to
Belle Yella prison, where he is still being held without
charge. The Government has disregarded two separate legal
writs filed by his lawyers asking that the judiciary rule on
the legality of his detention.
In many cases, prolonged detention of persons without charge
occurs as a result of judicial inefficiency and administrative
neglect. Reports surface 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.
Charges of short-term detention as a means of harassment were
raised in the case of former Chief Justice Chea Cheapoo,
cocounsel for a number of treason defendants, when he was
arrested shortly before he was to appear in court for a
pretrial hearing. He was not allowed to participate in the
hearings but was released shortly thereafter.
In March the Justice Minister provoked a brief national debate
over the legal rights of detained persons when he called for
an amendment to the Constitution to restrict due process. A
constitutional amendment was subsequently proposed in the
legislature to restrict the right of habeas corpus in certain
circumstances. The legislature adjourned in July without
taking action on the bill.
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.
Despite constitutional provisions for separation of powers,
the judiciary has a history of not challenging the wishes of
the executive. Court orders are not always implemented by
executive agencies. For example, in June prison authorities
ignored a court order to transfer from a military to a civilian
prison the 10 persons arrested in connection with the abortive
March coup plot. When summoned to show cause for disregarding
the court's order, the Justice and Defense Ministers
successfully persuaded the court that the BTC post stockade is
not a military facility, although they pledged to allow the
defendants' lawyers and relatives access to the post stockade.
One month later, when it became evident that authorities at
the post stockade had not allowed such access, the court once
again ordered the defendants transferred. This second order
was executed.
Persons have the right to legal counsel and to bail in
noncapital offenses. When 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 not bound by common law or 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.
There were no known political prisoners in Liberia in 1988.
However, among those arrested and tried in connection with the
abortive March coup plot were William Gabriel Kpoleh, former
standard-bearer of the now-defunct Liberian Unification Party,
and Cephar Mabande, the former party's legal counsel. In a
trial lasting 2 months, Kpoleh and the nine others received
10-year sentences in October. The trial v/as open to the
public, covered well in the media, and the defendants, assisted
by legal counsel, were able to make lengthy statements in
their behalf. However, the pretrial and trial handling point
up many flaws in the Liberian justice system, e.g., prolonged
detention without charge and without legal or family access
for many months, executive branch defiance of court orders,
detention of civilians in military facilities, and jury
irregularities. At the end of 1988, the case was under appeal
to the Supreme Court.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Although the political and military leadership demonstrated a
heightened sensitivity to problems arising out of military
indiscipline, military harassment and intimidation of civilians
remained a continuing problem, reflecting a general lack of
professionalism among poorly paid enlisted men. This surfaced
in random shakedowns of civilians and arbitrary interrogations
which, in some instances, resulted in violence. In January a
soldier killed a latrine worker in Monrovia following a petty
dispute. In June five soldiers injured two civilians in a
land dispute. The persons responsible for these two incidents
were promptly identified and action taken against them. The
soldier responsible for killing the latrine worker was
discharged and turned over to competent civilian authorities
for prosecution, but by the end of the year it was unclear
whether charges had been filed against him. The soldiers who
wounded the civilians were disciplined by military
authorities--all were given 1 month at hard labor, and one was
reduced in rank and ordered to pay medical expenses for the
victims
.
Interference by civil and military authorities in the lives of
ordinary citizens occurs on a wider scale in rural areas,
where these local officials wield considerable power over
day-to-day activities of people and proper police and judicial
procedures are less likely to be followed.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and the Press
The Constitution includes provisions for freedom of expression,
including freedom of speech and of the press, but also
stipulates that persons be held "fully responsible for the
abuse" of this right. Decree 88a, passed by the military
government in 1984, declares the spread of "rumors, lies, and
disinformation" to be a felony. Although this decree is
widely believed to be unconstitutional, it has not been
revoked or challenged in court and is therefore technically
still in force. Government authorities have not invoked the
decree in the past 4 years, and no one has ever been convicted
of a violation of it.
The Liberian press is lively, and, despite some degree of
self-censorship, opposition viewpoints are presented, even on
government radio and television. All media refrain from
direct attacks on the President and certain other senior
government officials. As many as seven independent newspapers
appeared in Monrovia in 1988, though seldom did more than five
publish on any given day. The one government-controlled
newspaper appears irregularly.
Although the last few years have witnessed a general
improvement in the quantity and breadth of discourse on
national issues, this trend suffered some significant
reversals in 1988. In February the Government suspended
publication of one party newsletter after it reprinted
articles from an exile publication originating in the United
States calling for "mass action" to undermine the current
Government. Following what the Government considered to be
critical reporting on the coup attempt in March, the
Government put economic pressure on several independent
newspapers by shutting off their utilities and discontinuing
government advertising. In April the Government suspended the
independent newspapers The Sun Times and Footprints Today.
The Sun Times had published information concerning the arrest
of a person bearing arms and explosives and an unrelated story
concerning the replacement of the commander of the Special
Antiterrorist Unit (SATU) , and had refused to reveal its
sources for these stories when questioned by the Government
about them. Footprints Today had printed a letter to the
editor by an author using a pseudonym accusing the Government
of a variety of human rights violations. Five journalists
from the two newspapers were detained and held without charge
for several days in connection with the offending articles,
and one of the journalists was dragged down a flight of
stairs. The remaining independent press staged a 1-week
"press blackout" to protest the newspaper suspensions and the
Government's harassment. The two suspended newspapers have
not been authorized to resume publication.
The Press Union of Liberia (PUL) has spoken out publicly
against the newspaper suspensions and other perceived
government restrictions on journalists. For example, in July
the PUL lodged a protest with the Government after security
officials threatened one of its members when he refused to
divulge the source of a news story. The PUL also continued to
call for the revocation of Decree 88a as an undue restriction
on freedom of speech and to object to mandatory official
accreditation of journalists as a form of prior restraint. In
October, after months of negotiations, the Government agreed
to involve the PUL in the accreditation process, although it
reserved to itself the right to accredit government-employed
journalists
.
No foreign publications are officially banned. The magazine
West Africa discontinued official sales in Liberia late in
1985 after government officials confiscated incoming
consignments of the publication reporting on the aborted
November 1985 coup attempt. Individual copies, however,
continue to circulate widely. The Minister of Information,
Emanuel Bowier, announced in June that a Washington Post
African correspondent would be denied press accreditation in
the future, accusing him of biased reporting on Liberia.
The government-controlled Liberian Broadcasting System runs
the only television station in Liberia and two radio stations
which give priority to government news. The Government's
rural communication network offers a combination of news,
entertainment, and development information to otherwise
isolated areas. Several religiously affiliated, politically
independent radio stations operate and report critically on
local events, though their news programs are occasionally
subject to government scrutiny. In April the Minister of
Information, apparently disturbed by foreign news reports
critical of Liberia, prohibited all radio stations from
relaying or rebroadcasting British Broadcasting Corporation
(BBC) and Voice of America programs over local airwaves.
Since few Liberians own shortwave radios, this action cut off
most Liberians from their only means of hearing unfiltered
international news reports. Although the prohibition was
later lifted for privately run stations, the official radio no
longer relays the BBC's popular "Focus On Africa" news
program. During the same time period, the official television
station also temporarily restricted its use of U.S. -origin
news programs supplied by the United States Information
Agency's Worldnet.
Academic freedom is limited. In August the Acting Secretary
General of the opposition Liberia Action Party was dismissed
from his position as associate professor at the University of
Liberia after the university administration decreed that his
partisan political activities were incompatible with his
academic responsibilities. The dismissal came after the
professor had joined other prominent Liberians in challenging
the contention of a fellow professor, the principal speaker at
an official National Day ceremony, that multiparty government
was contrary to African tradition.
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. In
1988 opposition groups conducted meetings and other
organizational activities in the Monrovia area without
interference from the Government. However, government
authorities in the countryside often prohibit opposition
groups from holding meetings within their jurisdictions. The
superintendent of Lofa County banned all student political
activities in his county in early 1988, and the Superintendent
of Margibi County stated in July that political meetings held
in his county must meet with his prior approval.
Permits must be acquired for public marches and demonstrations;
however, no political party or other group attempted to
organize any significant demonstrations in 1988. A 1986
Supreme Court ruling barred joint rallies and meetings of the
collective opposition. Nonetheless, leaders of the various
political groupings meet on an informal basis without
government interference.
The ruling NDPL party maintains a task force, composed of
several hundred young men, which opposition parties claim
exists for the sole purpose of harassing and intimidating
political opponents. After a number of violent confrontations
with opposition members in recent years, the NDPL task force
kept a low profile in 1987-88 and was not implicated in any
significant incidents. Gabriel Swope, a Methodist minister,
claimed that he was abducted, beaten, and held for 5 hours by
unidentified persons in June. However, a subsequent
investigation by the Methodist Church in Liberia revealed no
evidence that Swope had been abducted as claimed. The Church
subsequently placed Swope on a mandatory 2-year leave of
absence
.
Although there is no formal policy requiring government
employees to join the NDPL, they are sometimes pressured to
become members. The Government is initiating a check-off
system for party dues to be deducted from civil servants'
paychecks. Civil servants who are members of opposition
parties are sometimes asked to resign their party membership
if they wish to keep their jobs.
In late August, President Doe issued Executive Decree Number
Two which banned all student political organizations, including
the Liberian National Student Union. The move came in the
wake of numerous incidents of student unrest throughout the
country, including one in which soldiers shot at demonstrators,
killing one school employee and wounding two students. Eleven
student leaders at the University of Liberia who signed a
leaflet protesting the ban were expelled from the university
and charged with disorderly conduct for allegedly fomenting
student unrest. The University administration later suspended
14 more students, whom it described as ringleaders of the
student protests against the ban. In mid-September the
Government detained 21 students for questioning regarding an
unexplained explosion on the university campus. The students
were arrested in a church while meeting with national church
leaders who had volunteered to mediate the students' dispute
with the Government. Most of the 21 students were released
shortly after arrest, but 9 of them were held for 2 weeks,
without charge, before being released.
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. There are no
restrictions on the practice of religion in Liberia. No
religion has preference over any other, 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. 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 comprising most of the Christian 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 is still impeded by a network of
internal checkpoints. The number of such checkpoints was
decreased sharply in late 1987 but rose again following the
alleged coup plots in March and July. Police and military
personnel at these checkpoints routinely search vehicles and
often solicit bribes from passengers.
Exit visas are required for all Liberians leaving the country.
These are routinely issued after applicants demonstrate that
they have paid outstanding taxes and utility bills. The
Government has denied a passport to a prominent Liberian
dissident living in the United States, Ellen Johnson-Sir leaf
.
Otherwise, there were no reported restrictions on the foreign
travel of Liberians in 1988.
Refugees are not forced to return to the countries from which
they have fled. In a few cases in recent years, however, the
Government sought to deport refugees who became involved
locally in political activities.
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, Liberian citizens are not free in
practice to change their government democratically. The
Liberian Government is structured along the lines of the
American model, with three separate but equal branches of
government, including a bicameral legislature. In practice,
the executive branch, and the President in particular, has a
disproportionate share of power. Furthermore, many officials
from the former military government, which also was headed by
President Doe, still hold positions of authority in the
current civilian Government.
The legislature (Senate 26 seats. House of Representatives 62
seats) is still subject to inordinate executive influence.
For example, in 1988 the legislature revived a Liberian
tradition of proclaiming the President's birthday as a
national holiday, with celebrations to be hosted by a
different county each year. To fund the 1988 celebrations,
1 month's pay was deducted from the salary of each of the host
county's employees. However, the legislature has shown a
willingness to assert its constitutional prerogatives in some
cases. In 1988 the Senate subjected several presidential
nominees to intensive questioning, in some cases demanding
personal financial records, and rejected the nomination of one
county commissioner. Several major bills sponsored by the
administration were pigeonholed by the legislature, including
one which would have restricted the right of habeas corpus.
The Senate has also established a recognized role in reviewing
international agreements. Members of both Houses actively
pursue constituents' interests with officials of the executive
branch. Opposition parties continue to boycott the
legislature; however, a group of legislators, elected in 1985
on opposition tickets but taking seats as independents, has
formed a caucus and functions as an informal opposition party.
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
are former members of the ruling NDPL . Citing the widespread
fraud that occurred during the 1985 elections, the opposition
has called for an independent vote-counting mechanism. No
elections for public office were due in Liberia in 1988;
national elections are next scheduled for 1991.
In July the legislature passed legislation to remove the
provisions of the Constitution limiting the President to two
terms in office. The measure must now be ratified in a
national referendum to be held sometime after July 1989. The
three opposition parties publicly criticized the legislature
for passing the amendment without public debate and indicated
that they will oppose its adoption.
The Constitution prohibits creation of a one-party state.
Four political parties are officially recognized by the
Elections Commission--the NDPL, the United Peoples Party
(UPP) , the Liberia Action Party, and the Unity Party. The
level of activity of the three opposition parties varies, but
in the last 2 years each has held conventions or other large
party gatherings, published party newsletters, and expressed
its views freely in the press and at public forums. Since the
disputed election of October 1985, only the UPP has
participated in electoral politics.
Women hold high positions in the Cabinet (Minister of Health
and Social Welfare, and of Posts and Telecommunications), in
the legislature (one seat in the Senate, four in the House),
in the parties, and in the judiciary.
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 to investigate alleged human rights violations.
It did not, however, as far as is known, respond to inquiries
in 1988 from AI , the Lawyers Committee for Human Rights, and
the National Press Club of Washington concerning various human
rights developments in the country.
Although no Liberian organizations currently exist for the
express purpose of monitoring human rights developments, the
Press Union of Liberia and the Liberian Council of Churches
have spoken out actively 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 provisions
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,
sex, 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 be given preference in competing for lower
level jobs.
The status of women varies by region. 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 urban areas, many women are subject to both customary
and statutory legal systems. Female circumcision is widely
practiced by those Liberians who follow traditional religions.
Women in Liberia are active in the professions throughout the
modern economy but remain under represented in most jobs in the
wage economy. The death under suspicious circumstances of a
well-known Liberian woman in 1988 focused attention on police
failure to investigate properly rapes, which are not commonly
prosecuted in Liberia. The death also prompted public
discussion of sexual harassment on the job, societal acceptance
of rape, and the role of women in Liberian society generally.
Section 6 Worker Rights
a. The Right of Association
The Constitution guarantees workers 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 Federation of Labor Unions (LFLU) , an affiliate
of the International Confederation of Free Trade Unions.
Although organized labor has not historically had great
influence in national politics, in recent years it has begun
to assert itself on issues affecting workers' interests.
In 1987, for example, several labor unions joined with the
opposition political parties in lobbying against a bill which
would have enjoined civil servants from membership in
political parties. The legislature has not yet taken final
action on the bill. Labor unions are constitutionally
prohibited from participation in party politics.
The Labor Ministry began an investigation into LFLU's Mayelections
when some labor leaders disputed the results, but
the National Labor Court ordered an end to the investigation,
noting that complaints about the elections must first be filed
with the LFLU Executive Board, and then with the National
Labor Court. The Labor Ministry appealed this ruling, but no
decision had been rendered by the end of 1988.
PRC (People's Redemption Council) Decree 12 outlawing strikes
and any other type of labor unrest is still in effect and is
enforced. In January a special Presidential Commission
recommended that the Government suspend the entire leadership
of the Bong Mine Workers Union for instigating an illegal
strike in December 1987. Although the Government did not take
direct action against the union leaders, the union's own shop
stewards suspended the union leaders from office for alleged
maladministration. Many observers saw the hand of the
Government behind the shop stewards' action. In July the
Government ordered that the suspended union officials also be
suspended from their company jobs pending the resolution of a
court case brought against them by the shop stewards. Most
Bong mine workers went on strike but returned to work after 9
days in the face of a presidential deadline to resume work or
be dismissed.
The International Labor Orgaization (ILO) Committee of Experts
has noted discrepancies between various provisions of Liberian
legislation and ILO conventions. The Committee has urged the
Government to adopt the new labor code now before the Liberian
legislature, which would repeal many of the objectionable
provisions
.
At present, 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 which,
unlike unions, have no authority to bargain collectively.
These associations represent worker interests with government
or management.
b. The Right to Organize and Bargain Collectively
With the exception of civil servants and employees of public
corporations, all workers have the right to organize and
bargain collectively. There were no reports of direct
government interference in union organizing activities in
1988. The Government promotes union/management negotiations
and sometimes provides mediation for disputes arising out of
such negotiations. An export processing zone operates in the
area of the Monrovia free port. Workers and employees there
are subject to the same labor laws as those employed in the
rest of the economy.
The ILO Committee of Experts has noted that current labor
legislation provides insufficient guarantees against antiunion
discrimination.
c. Prohibition' of Forced or Compulsory Labor
The Constitution prohibits forced labor, and the practice is
firmly condemned by the Government. The ILO Committee of
Experts has raised questions about the effective enforcement
of the prohibition of forced labor, particularly on rural
community development projects, and the measures taken to
eliminate it. In a broader context, the Government has
indicated that the draft labor law will provide for penal
sanctions in cases of illegal exaction of forced or compulsory
labor
.
d. Minimum Age for Employment of Children
The law prohibits employment of children under the age of 16
during school hours. Enforcement is difficult, though, since
many children are engaged in subsistence farming and only a
minority ever 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 $2 per day. Industrial workers
generally receive three or four times this amount. The
minimum wages would not, alone, be sufficient to provide a
decent standard of living for a worker and his family, but
many families supplement their earnings through some
subsistence farming, multiple wage earners, and/or 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 will be required to participate
