A/HRC/4/6
page 8
III. LEGAL REFORM AND RULE OF LAW
A. Review of national legislation
11.
The Minister for Justice reported that draft legislation for the creation of a Law Reform
Commission was before Parliament and was to be considered early in 2007. The establishment
of such a body was envisaged by the Government’s 150-day Action Plan and a task force had
been constituted.
12.
A comprehensive review of both the Constitution and national legislation ensuring
respect for the provisions of international human rights law should then be undertaken. This
work will be facilitated by the legal audit recently completed by the Human Rights and
Protection Section of UNMIL.
B. The Liberian justice system
13.
New legislation on the autonomy of the judiciary goes some way to ensuring its
independence. Funding will now be guaranteed on a quarterly basis. The repeated allegations of
judicial corruption continue to undermine the credibility of this area of government. In addition,
negligence of judicial personnel in performing their duties has resulted in cases not being heard.
The appointment of a Supreme Court justice to head a conduct committee that will decide on
disciplinary matters will also go some way to enforcing the code of conduct. Article 71 of the
Constitution provides that judges may be removed upon impeachment by the legislature on the
grounds of proven misconduct and gross breach of duty. Recent steps taken by the Chief Justice
towards improving the professionalism and quality of work of the judiciary deserve to be
supported.
C. Ending impunity for past and present crimes
14.
The Liberian criminal justice system is not, for the various reasons mentioned above, in a
position to respond to ongoing human rights violations and abuses. This is particularly true in
the area of gender-based violence which appears to be on the increase. Police misconduct in the
execution of their duties was a repeated theme in discussions with local actors. The
mistreatment of those being arrested and detained highlights the need for greater training on the
code of conduct and rules on the use of force.
15.
Some progress has been made in restructuring, and strengthening the capacity of
LNP: 2,214 officers have now graduated from the police academy in Monrovia and the target
remains 3,500 trained officers by July 2007. Nonetheless, there remain serious challenges to an
effective LNP, primarily in relation to logistics. The need for a communications system and
increased mobility are critical elements which need to be addressed. Any restructuring and
strengthening of LNP must be accompanied by a parallel improvement in the functioning of the
judiciary. To fail in the latter would be to do a disservice to the new officers and negate to a
large degree their effectiveness in the fight against crime.
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