A/HRC/4/6
page 2
Summary
The independent expert on technical cooperation and advisory services in Liberia
undertook two missions to Liberia in 2006, from 20 to 26 February and from 13 to
23 November 2006. There were a number of positive developments in the year, but the failure to
effectively tackle some critical human rights issues in the period, and especially those affecting
the most marginalized and vulnerable in society, must also be highlighted.
The year 2006 commenced with the enactment in January of amended rape legislation
which sought to give greater legal protection to victims. The act provides for a broader
definition of rape, creation of the offence of gang rape and also provides that there should be a
presumption against bail in the case of those accused of first-degree rape. While this legislation
should be revisited and revised, it is encouraging to see that the proper legislative framework is
being put in place. The enactment of legislation to prohibit female genital mutilation must also
be a priority for the authorities in the coming year.
However, the failure by both the Liberian National Police and the courts to properly
implement this crucial piece of legislation on sexual crimes has left victims - women, girls, men
and boys - without any effective protection or remedy. This also gave rise in the past year to the
widespread practice of out-of-court settlements by victims and their parents with the alleged
perpetrators. The impotence of the justice system combined with the prevailing dire social and
economic conditions gave rise to this phenomenon, which is essentially a form of impunity.
Another promising start last year was the inauguration in February 2006 of the Truth and
Reconciliation Commission (TRC), which was then launched in June. This is to be one of the
major mechanisms for national healing and reconciliation and indeed the commission started its
first public activity in October with the statement-taking process. The Government of Liberia
has been supportive of this process at all stages and has provided substantial funding.
However, at the time of writing, TRC is not, in the view of the independent expert, in a
position to proceed with public hearings as scheduled because the basic administrative and
technical procedures have not been put in place. The functioning of TRC and the competence of
the Commission must be reviewed as a matter of urgency.
The failure to respect, protect and fulfil economic and social rights throughout the
country, and particularly for workers on the rubber plantations, makes daily life for the citizens
of Liberia a constant struggle. The Government has made efforts to restore limited basic
services to parts of Monrovia and it is encouraging that the basic principle that there can be no
sustainable development without good governance is at the centre of the anti-corruption
strategies being implemented. It is too early to comment on the success or otherwise of such
strategies but the implementation of the Governance and Economic Management Assistance
Programme (GEMAP), which aims to strengthen public financial management, is a promising
start. The effective implementation of a national anti-corruption strategy with a powerful
anti-corruption commission is needed.
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