A/HRC/7/67
page 7
the extensive and unchecked power of the Commission. To resolve that issue, interlocutors
suggested that the Commission sign an agreement with the judiciary branch. Under such an
agreement, cases of human rights violation could be referred to a judge for review.
14. The Independent National Human Rights Commission is of particular significance
ensuring the sustainable protection of human rights in Liberia because of the permanent nature of
its mandate, as compared to that of the Truth and Reconciliation Commission. Consequently, the
problems faced in its creation need to be carefully and urgently addressed, as an effective Human
Rights Commission could play a crucial role in the reconciliation, transformation and
reconstruction efforts being undertaken in Liberia, with a human rights perspective, using
internationally accepted human rights instruments as a tool.
D. Legislature
15. In May, the Legislature passed the Financial Autonomy Act, which was to grant it financial
autonomy from the Executive Branch. The President however vetoed the Act. The Speaker of the
House of Representatives himself stated that the Liberian Legislature was currently neither
strong enough in terms of structure nor responsible enough to administer its own finances.
III. LEGAL REFORM AND RULE OF LAW
A. Review of national legislation
16. Although law reform is one of the President’s priority areas, as documented in her 150-day
plan of action, a law reform commission has not yet been established. The Speaker of the House
of Representatives confirmed that the draft act on the establishment of the law reform
commission had not yet been received by the Legislature.
B. Liberian justice system
17. Only 18 of the 52 judges serving in Liberia hold law degrees; 5 of these are on the
Supreme Court. All other judges have only been trained “on the job”, while none of the
135 magistrates is a law graduate. None of the 11 public prosecutors currently serving has a law
degree. Furthermore, judges and lawyers have a common aversion to accepting postings outside
Monrovia owing to the poor working and living conditions in other counties. The information
received by the independent expert indicates that the Law School at the University of Liberia
lacks the necessary resources to allow adequate numbers of qualified lawyers to graduate in the
coming few years. The lack of qualified personnel results in many trials being conducted in
violation of fair trial standards, including the right to legal counsel, the right to an interpreter, the
right to have time to prepare one’s defence, and many more.
18. While the law requires the creation of a juvenile court in the headquarters of each county
superintendent, there is only one such court at the moment, based in Monrovia. No juvenile
rehabilitation institutions or judicial personnel trained in their responsibilities towards juvenile
suspects exist. Although prescribed by law, rehabilitation homes for juvenile delinquents are also
not operational. Children are frequently remanded to pretrial detention in a manner that is
inconsistent with prevailing juvenile law. The UNMIL Human Rights and Protection Section has
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents