A/HRC/4/6
page 9
D. Rape Law
16.
The amended Rape Law (An Act to Amend the New Penal Code, chapter 14,
sections 1470-1471, and to Provide for Gang Rape), the drafting of which international NGOs
and United Nations agencies had participated in an effort to ensure that international standards
were observed, entered into force on 17 January 2006. However, a combination of a weak
judiciary and a lack of awareness among the populace is resulting in weak implementation of this
vital legislation. While the law provides for stronger penalties for rape and includes the specific
crime of gang-rape, there are reports that clear evidence is being rejected in court and that
provisions of the Act are not being respected.
17.
The reported high incidence of out-of-court settlements in these cases is particularly
worrying. While there are socio-economic considerations involved in such a decision, this trend
is bolstered by both the delay in the hearing of cases and the lack of implementation mentioned
above. The Chief Justice assured the independent expert that he was taking all measures to
ensure that such unwarranted delays in these cases did not occur; one court was now to be
dedicated to conducting such hearings.
18.
The failure of the law to address rape by juveniles is one glaring deficiency in the new
law which, it is hoped, will be reviewed by the Law Reform Commission.
IV. PROMOTION AND PROTECTION OF HUMAN RIGHTS
A. Human rights on rubber plantations
19.
The independent expert visited the Guthrie Plantation, which was repossessed by the
Government of Liberia, on 15 August 2006. An Interim Management team had been put in place
and a formalized purchase process was being gradually established. A total of 1,500 workers
had been employed, including many ex-combatants. Basic social amenities, particularly
hospitals, schools, and clean drinking water, are being supplied. The rehabilitation of these
social services for the community is facilitated by the much improved security situation, which is
monitored by 12 Liberian National Police and 92 UNMIL troops. There are approximately
36,000 inhabitants on the plantation, and UNMIL facilitated the voluntary return of families of
ex-combatants to their home counties at the time of the takeover.
20.
The rubber plantations represent a major source of wealth for the Liberian economy and
Guthrie Plantation alone is estimated to have generated up to US$ 908,000 between January to
June 2005. The situation on this plantation must continue to be monitored. Serious concerns
remain regarding the protection of human rights in the remaining major plantations - Firestone,
Liberian Agricultural Company (LAC), Salala, Cavalla, Cocopa and Sinoe. The implementation
of the recommendations of the Rubber Plantation Task Force is a matter of urgency as the poor
living and working conditions on these plantations must be addressed and the rule of law must be
restored.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents