A/HRC/16/2
342. On the issues of female genital mutilation and the practice of trial by ordeal, Liberia
explained that these were deeply-rooted traditional practices and discussions of these issues
were often strongly resisted. Nonetheless, practitioners of female genital mutilation and
trial by ordeal who caused harm to others had been held accountable under existing penal
laws. Additionally, the Government was taking steps to engage local communities and to
determine best ways to address these issues. However, the process was ongoing and
therefore Liberia was currently unable to accept or reject all recommendations relating to
these issues.
343. On the implementation of recommendations of the truth and reconciliation
commission, Liberia informed the Human Rights Council that, two months earlier, the
Supreme Court of Liberia had adopted a decision that found that the commission’s
recommendation to ban certain Liberians from politics for 30 years was unconstitutional as
the people concerned had not been afforded due process. Nevertheless, in the meantime, the
Government had begun to implement other recommendations of the report, and a task force
continued to review the report to advise on the implication of the implementation of
recommendations. However, at this time, Liberia was unable to take a position on
recommendations relating to the commission’s work.
344. Regarding recommendations on the death penalty law, Liberia was aware of existing
concerns and ensuing recommendations emanating from its obligations under the Second
Optional Protocol to the International Covenant on Civil and Political Rights, to which it
acceded in 2005. Liberia recalled that high criminal rates had demanded the reintroduction
of the death penalty. It stressed, however, that the current administration had not signed any
warrant to carry out a death sentence and that the Supreme Court had been disinclined to
enforce such penalties, commuting them to life imprisonment.
345. Nevertheless, the repeal of the law allowing for the death penalty to be imposed
would take more time and understanding by the Liberian people, and consultations with
them in this regard had been initiated. However, for the reasons stated, Liberia was not able
to take a position on recommendations relating to this issue.
346. Liberia referred to concrete steps taken to evaluate cases of sexual and gender-based
violence, including the enactment of enabling legislation in 2008, creating a specialized
criminal court, the establishment of a special prosecution unit to complement the work of
the court, specialized training for relevant authorities and the adoption of a number of
measures to support victims.
347. It was further stated that capacity and resource constraints still impeded full
implementation of all of the recommendations relating to sexual gender-based violence.
348. With regard to pretrial detention, Liberia explained that this was a concern of the
utmost priority, but that, given the country’s present circumstances, most notably its limited
resources, it was not able to take a position on this recommendation.
349. Despite the above, Liberia had implemented a number of initiatives to combat the
problem and provided examples, including, among others, the creation of a special pretrial
detention task force, and ongoing review and work towards law reform pertaining to jury
law, criminal procedure and subject matter jurisdiction.
350. In conclusion, Liberia stated that it was eager to work with partners committed to
assist the country during its post-conflict, peacebuilding effort, and thanked those working
with it to create a stable and democratic country.
152
GE.11-17059
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents