By Grace Q. Bryant
The Board of Commissioners of the National Commission on Human Right of Liberia (INCHR) has out-rightly condemned the Bea Mountain Company for reportedly disregarding Liberia’s Labor Law.
In the Commission’s report, Bea Mountain had since failed to adhere to the Liberalization Policy which among other things is intended purposely to provide job opportunities for the citizens of Liberia, a situation, which provoked the protestation.
The Chairperson of the Independent National Human Rights Commission, Dempster Brown, revealed that the Liberalization Policy which is an affirmative action that seeks to empower Liberians is reportedly ignored by the company.
According to the INCHR Board’s report following a one day working visit to the Bea Mountain Mining Company in Grand Cape Mount County, the aim was to assess the condition of work and the human rights situation at the mining company.
The assessment team followed an allegation from employees that the management imported over 300 expatriates, mainly Turkish and other nationals that are employed as truck drivers, painters, carpenters, cooks, houseboys and mechanics with higher salaries, jobs that Liberians should have occupied, a situation that triggered the protest at Bea Mountain.
He added that the Affirmative Action states that “No company shall import workers who are non-Liberians to occupy” against this act, INCHR observes and confirmed that management allegedly hired the services of Liberians as causal Laborers and after (3) months, they were dismissed without compensation.
INCHR said worse of it, Bea Mountain reportedly assigned causal laborers in the technical department where they risk being exposed to hazardous chemical substances.
“Bea Mountain Mining Corporation does not take into account the safety measures especially for those hired on a temporary basis. Liberians hired as casual workers are denied access to family sometimes six months because there is no provision for rest and recuperation for employees,” INCHR criticized.
Also, Dempster Brown frowned on such unfavorable working condition, stating that the Collective Bargaining Agreement (CBA) is not being adhered to by the management; for instance, the provision of Housing Allowance in Article 33 of the CBA has not been affected owing to the fact that 90 percent of the staffers are in rented houses at their own expense.
Chairman Brown said the company refusal to allow human rights groups, such as civil society to monitor human rights situation at the facilities, subjected to safety regulation raise serious doubt and concern about practices that amount to human rights abuse.
”There are reported instances where Liberian staffers are subjected to both verbal and physical attacks by expatriates, sometimes corporal punishments are meted against employees that go to work late,” he concluded.
However, the Independent National Human Rights Commission has indicated that the UN guiding Principles on Business and Human Rights adopted by the United Nations General Assembly contains normative contents that describe State’s obligation regarding the operation of businesses in its jurisdiction.
Chairman Brown intimated that the UN Guiding principles provide “That States must protect against Human Rights Abuse within their territory and/or jurisdiction by third parties, including business enterprises. This requires taking appropriate steps to prevent, investigate, punish, redress such abuse through effective policies, legislation and regulations and jurisdiction. It also states in part, “That States are not per se responsible for human rights abuse by private actors.”
However, according to INCHR’s report, States may breach their international human law obligations where such abuse can be attributed to them, or where they fail to take appropriate steps to prevent, investigate, punish and redress private actors’ abuse.
“These obligations, the Commission believes, are critical in the attainment of conducive working environment and the safety of communities that are affected by these companies’ operation,” Cllr. Brown said.
Meanwhile, INCHR has recommended that the Ministry of Labor appoints a Labor Inspector in the Bea Mountain Mining Corporation who will ensure that all labor standards are fully applicable in the operations of the company; enforce the Liberalization Policy and ensure that Liberians are empowered to contribute to the national development. The Labor Ministry should also remind Bea Mountain Mining Company to accord due regard to the CBR, and make forth its obligations under the bargain; for example; the provision of housing allowances and other measures, among others.