Substantive Responsiveness of NAP BHR Content to Labour Rights Deficits and Challenges Even though we could not independently assess how many labour groups played a role in the development of the NAP BHR, we recognise that a lot of labour issues were discussed in the NAP BHR. In fact, labour was one of the six thematic areas that the NAP BHR focused on. The NAP BHR consultations identified the following concerns relative to labour: → the casualisation of employment; → the exploitation and abuse of labourers, especially in the retail and small business sectors; → the dubious contracting of women to foreign countries under the pretext of going to acquire legal domestic work, but in effect ending up in conditions of enslavement; → businesses not adhering to affirmative action provisions restricting certain retail businesses to Liberian ownership; → a lack of a realistic, implementable BHR reporting mechanism for concession companies to report on their BHR situation; → wage discrimination based on special interest; → employment discrimination against persons with disabilities; → rampant piracy and persistent infringements of copyrights; → delays in adjudicating matters before the courts(including the Labour Court); → weak commitments to resolve recurring business vs. community disputes; → persistent sexual exploitation and abuse(SEA) cases against females/males seeking employment, and SEA pressure on female workers vying for promotion; → inadequate enforcement of the judgement of the court for successful litigants; → unsafe working conditions; → contradictions in the provisions of the Decent Work Act and the CSA Standing Order; and → an increased number of children under 18 engaged in hazardous work. 52 The NAP BHR proposes a number of interventions to deal with the labour issues, some of which include: → Support for the inclusion of human rights policies in all contracts. Memoranda of understanding and other business-related policy documents shall include a clause outlining the parties’ human rights obligations, including possible sanctions for violations. → Concerning employment, the NWGBHR, when established, shall develop guidance notes for companies to manage their employment processes in compliance with human rights standards to ensure nondiscrimination and prevent child and forced labour. The NAP BHR also notes that the Ministry of Labour shall take steps to curb the incidence of casualisation in labour, as well as hazardous, unsafe, and discriminatory workplace practices. Accordingly, it shall strengthen its monitoring and implementation processes to give effect to applicable laws. Where any law is not in compliance with human rights standards, that law shall be reviewed. Public education shall be provided to empower members of the public to demand a letter of contract/engagement from employers, irrespective of the nature or duration of their work engagement. The government at all levels shall develop policies that advance BHR education. This may include introducing BHR courses in tertiary institutions and offering scholarships, fellowships, and research grants to advance knowledge in the field of BHR. There shall be public media campaigns and writing competitions among the youth population on BHR. Further, the NAP BHR states that business enterprises will be required to produce a clear, simple, and understandable human rights policy within their value chain that reflects their commitment to promoting human rights in their operations. This policy shall guide all operations of the business and shall be conspicuously displayed on the website, at the gate, or in the reception area of the company, including a braille version for those with visual impairments. The rights of staff shall be made clear as they relate to respect for human rights. Staff shall also be trained in various aspects of human rights, especially as they pertain to company operations. It is expected that the policy shall allocate roles and responsibilities and specify the departments within the company responsible for human rights issues. This shall apply to all companies irrespective of size, scope of operations, or type of business. 52 See page 18 of The Republic of Liberia.(2025). Labour and Africa’s National Action Plans on Business and Human Rights 27
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A comparative study of National Action Plans on Business and Human Rights in Africa : labor rights perspectives
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