Liberia was a settlers’
colony established by the America Colonisation Society (ACS) through series of
processes from 1821 that came to a ‘successful’ end in 1847 as a response to
the opposition to the demands for the abolition of slavery[1] in
America. By 2017, Liberia will be 170 years old as a nation-state. But the
formation of the first trade union was in 1959, precisely after 112 years of
the founding of Liberia, with the creation of the Mechanic Workers’ Unions of
Liberia.
The Liberian trade
unions’development entered into another epoch with the creation of the Liberian
Federation of Labour Unions (LFLU) as a result of the merger between the
Liberia Federation of Trade Unions and United Workers’ Congress. The fluid yet
dynamic nature of trade union development further led to a second merger, which
took place in May 2008 between the Liberian Federation of Labour Unions (LFLU)
and the Congress of Industrial Trade Unions of Liberia (CONATUL) resulting in
the formation of the present Liberia Labour Congress (LLC). At as 2015, trade
union organisations in Liberia stand at roughly seventy-five (LLC figures),
mostly private sector unions.
The workforce is
estimated at 2 million with more than 70% of this figure constituting workers
in the informal and own-account holders’ sector. The Ebola Virus Disease wiped
off a sizeable number of jobs, especially in the Public Sector; most have not
been restored till date. Thus unemployment and underemployment stands at around
45% (LLC figures).
The presentation of
these brief historical and political facts is to allude to the fact that the
struggles for workers’ rights is still young (but growing) compared to the
years of existence of the country and establishment of one of the oldest and
still operating big companies in Liberia – Fire Stone Company that opened shop
in Liberia since 1926!Importantly, the figures help to analyse and appreciate
the recent decisions and approaches the trade unions have had to adopt in their
quest to improve their chances and capabilities to defend and protect workers’
rights that are under ceaseless attacks.
The name Liberia was
coined from the word “Liberty” a reflection of the aspiration of the liberated
returnee slaves from the Americas.
Sadly, Liberian workers, especially those in the Public sector are yet
to enjoy full and unhindered liberty. Interestingly, the country is Africa’s
oldest member of the International Labour Organisation (ILO) since 1919. She
has ratified Conventions 87 (Freedom of Association and Protection of the Right
to Organise) and 98 (Right to Organise and Collective Bargaining). The National
Constitution eloquently provides for the right of workers to form and join
trade unions of their choosing. In late 2015, the Decent Work Act, a seemingly progressive
piece of industrial relations legislation was signed into law by the President
of the Republic.In essence, the legal framework regulating the labour market is
fairly well developed and protective of workers. However, there seems to be
deliberate attempt to enforce a practice alien to these pieces of legislation. Before
elucidating further on this, a quick detour to spotlight attacks on workers’
rights, especially as they are linked to the right to organise will help.
The President of the
National Health Workers of Liberia (NAHWAL) Joseph Tamba and the Secretary
General George Poe have since 18th February 2014 been dismissed by
their Employer – The Liberia Ministry of Health and Social Welfare. The
offences labeled against them (as copied copiously from their dismissal
letters) include: Gross insubordination; obstruction of government functions by
public servants; purposely promoting, facilitating and inciting strike or
agreeing with one or more persons engage in or cause the performance of
conducts constituting strike against the government of Liberia; discourteous
treatment to the public, patients and fellow employees. A thorough and careful
investigation has since shown that these charges are all veiled disdain to the
freedom of workers to organise and to engage in collective bargaining.It is
equally an attempt to criminalise the use of strike as a legitimate tool of
achieving collective bargaining and for enforcing collective agreements. Besides,
it was found that the bulk of the public sector health workersconsider comrades
Tamba and Poe as their legitimate leaders. As proof of this, workers continue
to turn out enmass every 18th
of the month[2]
in solidarity with the affected trade union leaders, and to demand for their
reinstatement.
On 1st April
2014, the management of Roberts International Airport (RIA) Monrovia fired MellishWeh
President of the Roberts International Airport Workers’ Union (RAIWU) citing
absence from work as reason for the termination. Four months after, the
Secretary General of the same union, MadamSiah Joseph was also dismissed. She
was fired on the allegation that she hosted and concealed one Mr. Joshua Moore
who was an Ebola patient. Preliminary investigation revealed that these trade
union leaders were fired for their trade union activities. Unlike the case of
the Public Health Workerswho are barred from forming a trade union (largely as
a whimsical act), the RIAWU (a recognised union) had a valid Collective
Agreement that the management of RIA moved to quickly repudiate. This action
further points to the (real) motive behind their dismissal – to cripple and
eclipse the house union there and to destroy an existing collective bargaining
agreement. The strategy in the two cases seems the same: attack and undermine
the head (leaders) and the body (members) will scamper. So far, not quite!
In another show of
disdain and intolerance for trade union, activism and dissent, 13 teachers were
summarily dismissed. In fact, it was the President
of the Republic on her arrival from a trip abroad, right at the airport upon
learning that pupils have taken to the streets to protest privatisation of
primary education - ordered immediately that 13 teachers who government alleged
incited and participated in the pupils’ protest action should be summarily
dismissed.Findings show that the teachers never incited the pupils.
Their union, the National Teachers Association of Liberia (NTAL) has severally
and steadfastly called on the Government of Liberia to shun the plan to
privatize primary education as it is a direct threat to the right of children;
will exacerbate poverty; defeat the plan to increase children, especially
girl-child enrolment and access to education; deepen generational poverty;
compromise the quality of education and skills Liberia needs to advance her
development aspirations; dilute and whittle down cultural relevance; will
enrich private operators to the detriment of pupils, teachers and the parents.
[2]The
18th movement now represents a consistent and growing movement in protest against
the whimsical dismissal of the affected trade union leaders and a symbol of
resistance to injustice. The trade union leaders were fired on the 18th
of February 2014.
One would have thought these are patriotic gestures that should not be rewarded
with a bad coin. As at press time, the affected teachers are yet to be
reinstated.
Another dimension of
the attack is aimed at the capacity of the trade unions, writ public sector
unions to collective bargaining space and right. The situation is such that laws
are applied halfheartedly and ingenious practices deployed in massive dose as
if they can be sufficient to crowd out the spirits and letters of the various
extant laws and legal mechanisms that Liberia has and is signatory to.Public
sector workers are told that they cannot form and join trade unions, but can
have association designed as mere members’ club without right to collective
bargaining. Of course, the workers have continued to reject this circumvention
of their rights. But what exactly does existing national laws, aside the known
ILO Conventions 87 and 98, say?
The 1986 Constitution,
at the first section on the basic fundamental rights, expressly provide for the
right to association.The 2012 Standing Orders for the Civil Service that
replaced the one issued by the military on 25 May 1983 is silent on the issue
of the rights of civil servants to join trade unions. Interestingly however, the
Standing Orders eloquently infer that Civil Servants can belong to political
parties and contest elections. Specifically in Chapter 7.2.9 (page 31) on
Political Campaign Leave, a Civil Servant can apply for and obtain
leave/permission to go and contest elections. And if unsuccessful, the Civil
Servant can return not later than 14 days after the election results are
declared.One will not err to conclude that trade union rights for public
servants are guaranteed against the provision forpolitical partisanship.
Strangely, the
2015 Decent Work Act, on page 10 (items C [i] and [ii]) in an inconsistent
manner inserted provisos that exclude work within the scope of the Civil
Service Agency Act and those employed in the maritime industry. The
inconsistency is evident when one goes through the Decent Work Act itself
because most of the provisions align with those contained in the ratified ILO
Conventions, save that the latter neither stratified nor excluded workers the
way the former has done. Besides, no reasons were given or adduced for this
stratification and exclusion, which speak to another form of the inconsistency
and irregularity of this “strange insertion” compared to the Constitution, ILO
Conventions 87 and 98 and the Civil Service Stand Order for the Civil Service.
The workers responses so far have been impressive.
Recognizing that
building a strong trade union organisation and deepening unity amongst workers
represent some of the ways to build and mount formidable counter responses to
the attacks on workers’ right, the Liberia Labour Congress (LLC) at its 2015
May Day celebration announced and launched “the reorganizing the organising
initiative”. This initiative is premised on: merging small unions along
sectoral lines; organising/recruitment of workers, including affiliating public
sector unions to the national centre; improved services to workers and trade
union members; repositioning of the national centre for efficiency and as a
pro-workers’ organisation; deeper and better engagement of women and youth in
the unions, and better international trade union relations.
The
implementation of this initiative has led to several mergers of many private
sector unions to build big and viable sector unions. It is anticipated that at
the end of the exercise, at most, 12 unions in the private sector will be formed.
This can later be reviewed downward as the needs arise and consensus deepens. Also,
the LLC has since commenced the affiliation of existing public sector
associations and working with the associations to have them transformed into
unions consistent with their enabling rights as workers. So far, the National Health
Workers Association of Liberia (NAHWAL) and the National Teachers Association
of Liberia (NTAL) have been affiliated to the LLC.
Importantly, the
workers recognised that it is through organised agitation that they truly can enjoy
these rights. For the cases cited above, the workers and their unions together
with support from their Global Union Federations notably Public Services
International (PSI), International Transport Federation (ITF), Education
International (EI) and the African Regional Organisation of the International
Trade Union Confederation (ITUC-Africa) have continued to demand the respect of
these rights. Supports from the Solidarity Center and the Pan African Education
Programme (PANAF) have come in handy. For Liberian workers, the struggle
continues!
Akhator Joel ODIGIE is
Coordinator Human and Trade Union Rights at the African Regional Organisation
of the International Trade Union Confederation (ITUC-Africa). He can be reached
via: joel.odigie@ituc-africa.org;
odigie.joel@gmail.com
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