– Overreported lawlessness at Bea Mountain
The Plenary of the House of Representatives has cited the Ministers of Justice and Labor to appear and receive recommendations for implementation from its joint committee on Mines, Energy and Natural Resources, Investment & Concession, Labor, National Security, and Judiciary in a case of potential threats to National Security and the rule of law at Bea Mountain Mining Corporation in Kinjor, Grand Cape Mount County.
The plenary’s decision Tuesday, June 27, during its 13th day sitting of the 2nd quarter of the 6th session, was triggered by a joint committee report following a complaint from Grand Bassa County Electoral District 5 Representative Thomas Goshua.
Hon. Goshua wrote to the plenary stating that he received a complaint from a member of his constituency who works for Bea Mountain Mining Corporation in Kinjor, Grand Cape Mount County.
The complaint alleged, among other things, that on June 4, 2023, a certain group of persons believed to be in the employ of Bea Mountain engaged in violent activities wherein they mobbed and beat up several employees of the company, including expect and the company’s lawyer, who was nearly killed”, Rep. Goshua stated.
In a progress report submitted by the joint committee Tuesday, it says that after a lengthy deliberation of the matter, the joint committee probed whether the allegation by Hon. Thomas Goshua was established as truth, and the committee has come up with the following findings:
The Joint Committee herein notes that strike action can take its toll on the day-to-day operations of businesses. Strikes within any sector can make it difficult for employees to get to work and for entities to conduct business. This can spell bad news for a nation. Strikes have economic effects on the employer, the employees, and the government.
The laws of the nation call for the protection of all citizens and residents living in the country. Therefore, the government must be in a position to protect all citizens, residents, and concessions.
To avoid a crisis, the management of BMMC must always be ready to dialogue and negotiate matters in a timely fashion and not wait until tension builds up.
Under the doctrine of Respondent Superior, most commonly used in tort, an employer’s principal is legally responsible for the wrongful acts of an employee if such acts occur within the scope of employment or agency. Typically, the joint committee invokes respondent superior and henceforth holds both the employer and the employee accountable.
Timelines are a matter of arresting the situation at hand at BMMC and depoliticizing and stabilizing the situation. The relevant government ministries shall do everything possible to maintain peace and stability and ensure a safe environment at the company by instructing the relevant ministries to act timely.
Management, as indicated, must continue the resolution of the remaining counts since they have already resolved the initial 12 counts.
The joint committee recommends the following:
1. The security issues flagged by the company are of primary focus. Employees, expatriates, and concessionaires are to be accorded maximum security under the laws. The government is concerned about employees and expatriates as well. Absolutely no employee or expatriate shall attempt to provide self-protection anywhere in the Republic of Liberia. Protection under the laws of Liberia is the responsibility of the Government of Liberia.
2. The Government of Liberia, through the Liberia National Police, shall help beef up security at BMMC as a means to add weight, strength, or power to the company’s security apparatus.
3. Investigation before apprehension as a caveat! The Minister of Justice should be mandated to commence an immediate investigation into the strike circumstances at BMMC and report its findings to the plenary in the shortest possible time. The investigation will cover workers and expatriates, and penalties under the laws must be applied to anyone found culpable.
4. Justice must prevail! Those identified as ringleaders of the strike action must be given due diligence—reasonable steps taken in order to satisfy legal requirements before a competent court of jurisdiction. Therefore, for a fair trial and safety, the case is tried outside of the company’s operational area. The case should be tried in Monrovia.
5. The Ministry of Labor must exert every effort to complete the process of resolving the labor issues in collaboration with the company and report resolutions agreed upon to plenary in 2 weeks.
6. BMMC shall continue the dialogue with the workers to settle the remaining counts of the worker’s petition, and the resolution agreed upon shall be reported to the plenary in 2 weeks.
Following the reading of the joint committee report, plenary voted to have both the Ministers of Justice and Labor appear in plenary on Thursday, June 29, to receive for implementation the committee recommendations aimed at solving the matter.
