A/HRC/9/15
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in order to promote good governance and enhance public confidence in State institutions. In
addition, the Independent National Commission on Human Rights will also be the primary
mechanism for the implementation of any recommendations arising out of the final report of the
Truth and Reconciliation Commission pursuant to the enabling legislation for the TRC.
11. It is imperative that any further delays which might arise in the creation of this national
human rights commission be urgently addressed, particularly in light of the fact that the TRC is
due to complete its mandate shortly. Ensuring implementation of any recommendations made by
the TRC will need this mechanism to be in place.
D. Legislature
12. The independent expert in her meetings with the legislature stressed the importance of
parliamentarians as essential actors in the promotion and protection of human rights. In addition
to adopting laws their functions include adopting the budget and supervising the executive to
ensure that the laws are respected. In this connection, parliament was commended for recently
passing positive bills, including the enabling legislation for the anti-corruption commission and
the freedom of information bill, and undertaking public hearings on key human rights bills.
13. However the adoption of the bill to amend the New Penal Law of 1976 on 15 July 2008
provides for the death penalty. The bill was introduced in reaction to public outcry following the
upsurge in armed robberies in Monrovia. Liberia acceded to the Second Optional Protocol to the
International Covenant on Civil and Political Rights in 2005 and thus has a legal obligation to
abolish the death penalty. The independent expert reminded the Government of its obligation
under this instrument and of General Assembly resolution 62/149 calling for a moratorium on
the death penalty.
III. LEGAL REFORM AND RULE OF LAW
A. Review of national legislation
14. In July 2008 the draft enabling legislation for the establishment of the law reform
commission was with the lower house of parliament. This is a positive development and the
operationalization of this commission must be a priority for the Government as it will be
responsible for constitutional review, reviewing the compatibility of domestic legislation with
international human rights standards, and ensuring that current and future international and
regional human rights treaties are domesticated.
B. Rule of law
15. Liberia needs to move more quickly to effectively establish the rule of law and the
administration of justice throughout the country. While there are many institutions involved in
the rule of law, and promoting transparency and accountability in the overall public
administration is critical, the key institutions of the judiciary, the police and the corrections
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