A/HRC/9/15
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measures, will be part of this programme. The decision in May 2008 to dedicate a court to
hearing cases of gender and sexual violence cases in Monrovia, the establishment of which has
been advocated for two years by the Association of Female Lawyers of Liberia, is yet another
positive development.
26.
The new safe house, which is being run by the local non-governmental organization
(NGO) Touching Humanity in Need of Kindness (THINK) and supported by the United Nations
Children’s Fund (UNICEF), is a critical support measure and should allow for support to be
given to women outside of Monrovia. In rape cases, police and prosecutors rely heavily on
medical evidence, excluding other forms of both incriminating and exculpatory evidence that
should be investigated. Owing to the culture of impunity that allows perpetrators of gender-based
violence to go unpunished, victims of this type of violence are usually hesitant in seeking
assistance or reporting the crimes. The stigmatization associated with victims of gender-based
violence makes coming forward for assistance difficult and, at times, dangerous. These
difficulties are compounded by economic challenges and gaps in legal, protection, health and
psychosocial services that fail to ensure the confidentiality and support services that victims
need. This situation discourages victims of rape from reporting cases to the police.
27. The independent expert was alarmed to find that there has been no change in the rate of
maternal mortality. While acknowledging the policies and programmes that the Ministry of
Health and Social Welfare has formulated to address the causes of maternal mortality the
independent expert urged that this matter be given greater priority. There should be no
discrimination against women because of their reproductive function.
28. The Government is to be commended for efforts undertaken in July 2008 to secure
ratification of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights
of Women in Africa. Article 4 calls for the elimination of violence against women in public and
in private. In order to effectively implement the Protocol and the Convention on the Elimination
of All Forms of Discrimination against Women (CEDAW), including general recommendation
No. 19 (1992) on violence against women of the Committee on the Elimination of
Discrimination against Women, the independent expert urged the Government to begin the
process of drafting a comprehensive domestic violence bill. Civil society should play a key role
in this process.
B. Human rights of children
29. The recommendations of the Child Protection Network Task Force on Orphanages in 2006
were not implemented, which further highlights the lack of protection of these vulnerable
members of society. Illegal orphanages remain open. A second task force concluded its report
and made recommendations in 2008. This report has not been made public. In addition the
standard minimum rules for the upkeep of orphanages, which were also adopted by the Ministry
in 2006, set out a maximum occupancy rate of 50 in each orphanage. This is not respected and is
undermining the decision to close illegal orphanages. Effectively the Government’s decision to
pay subsidies to all orphanages, including illegal ones, for each child even where the numbers
exceed the recommended maximum of 50, is perpetuating the injustice and lack of protection.
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