A/HRC/7/67
page 11
38. Despite the extraordinary prevalence of gender-based violence in Liberia, courts are
ill-equipped to deal with the prosecution of this particular type of crime. In Monrovia, Court II,
which has special jurisdiction over cases of armed robbery, will also be serving for the
prosecution of rape cases. Under a project funded by the Government of Denmark, the Court will
be provided with a camera and darkened glass to protect the victims when they give testimony.
However, Court II, like many other courts in the country, is hamstrung by poor working
conditions and insufficient capacities. In particular, courts in Liberia suffer from a lack of
sufficient defence and prosecuting lawyers; adequately qualified internal and external support
personnel; adequate logistics; and adequate resources for sentencing and imprisonment.
39. A task force has been established to implement the national gender-based violence plan of
action, a joint Government-United Nations programme launched on 30 November 2006, and to
coordinate activities to address the issue of gender-based violence in order to reduce the
duplication of efforts and waste of resources and to increase impact on targeted groups. The
budget allocated for the implementation of the plan of action is $15,225,000 over a period of
five years.
C. Human rights of children
40.
There has been a slight decrease in the infant mortality rate.
41. Despite the recommendations of the Child Protection Network Task Force on Orphanages
to the Ministry of Health and Social Welfare that 63 of 111 orphanages be closed down, efforts
to close illegal orphanages were undermined by the Government’s decision to pay subsidies to
all orphanages, including illegal ones.
42. Many unaccredited orphanages remain open, putting the children who live there - many of
whom still have at least one living parent - at risk of neglect and exploitation. According to the
Minister for Health and Social Welfare, the necessity to hear all parties involved in the process
of closing orphanages has delayed the work of the task force.
D. Harmful traditional practices
43. The traditional system endorses harmful and life-threatening practices, such as trial by
ordeal, a process whereby the guilt or innocence of an accused is determined by whether they
complete a difficult or painful task. These practices are in violation of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified by Liberia, as
well as of the Constitution of Liberia itself. Nonetheless, due to the weakness of the statutory law
system, the practice is increasing in many parts of the country, including Monrovia. In July, in
Maryland County, four people were identified by a “witch finder” as being responsible for
causing a man’s leg to become swollen. The four, including the man’s elderly father and a
female returned refugee, reportedly confessed to witchcraft after being beaten with hands and
sticks by community members.
44. The practice of trial by ordeal is, in fact, allowed by the rules and regulations of the
hinterland, which provide for the use of trial by ordeal as a means of resolving complaints
between “uncivilized persons”. Being based on ethnic discrimination against Liberians living
outside major cities, the rules and regulations contravene the Constitution of Liberia as well as
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