Liberia appears for the first time before the African Commission

06.06.2014

For the first time ever Liberia appeared before the African Commission on Human and Peoples’ Rights to report on its human rights record, at the Commission's 55th session. Liberia’s report was submitted in 2012, almost 20 years late, having been due to the Commission in 1984. The report therefore covers the period 1982-2012 and sets out the steps Liberia has taken to implement its obligations under the African Charter on Human and Peoples’ Rights.

For the first time ever Liberia appeared before the African Commission on Human and Peoples’ Rights to report on its human rights record, at the Commission's 55th session. Liberia’s report was submitted in 2012, almost 20 years late, having been due to the Commission in 1984. The report therefore covers the period 1982-2012 and sets out the steps Liberia has taken to implement its obligations under the African Charter on Human and Peoples’ Rights.

Liberia’s inexperience in engaging with international mechanisms showed in the criticism it attracted from many Commissioners for failing to follow the Commission’s guidelines on State reporting. The guidelines were developed to enable the Commissioners to assess the human rights situation in all States on an equal footing, by setting out what issues the State should address in their reports.

As Commissioner Maya Sahli Fadel said, Liberia’s report ‘cherry-picked’ issues, with some key issues, like the right to health, entirely missing. The lack of data and statistics in the report also made it difficult for Commissions to grasp the actual situation on the ground. Liberia was strongly recommended to follow the guidelines when it drafts its next report, due in 2016.

Nevertheless, Liberia was praised by some Commissioners for the way it participated in the review, for example by sending a high-level delegation that included the acting Minister of Justice. Liberia also demonstrated a willingness to learn from the Commissioners by issuing an open invitation for them to visit and provide their human rights expertise. Liberia must now make good on this offer by issuing a formal invitation.

However, in what is a worrying addition to a pattern starting to emerge across the continent Commissioners questioned the State about moves it was taking to increase existing penalties for consensual same-sex behaviour and to outlaw same-sex marriage. Commissioner Lawrence Murugu Mute spoke out strongly against arguments that legislation of this kind is a democratic response, emphasising that the ‘popular view’ can never excuse discrimination and violence and should have no weight when it comes to respect for human rights.

Respect for freedom of expression was another issue at the forefront of Commissioner’s minds. In Liberia libel is not criminalised, but the level at which fines are set acts as a deterrent to freedom of expression. For example, in 2010 Rodney Sieh, editor-in-chief of Frontpage Africa, was fined $1.5 million in a libel case. Mr Sieh was ultimately imprisoned because he was unable to pay the damages.

The Commission’s other concerns included restrictions on freedom of association and assembly in Liberia, and a lack of progress in the area of women’s rights.

The Commission’s concluding observations will contain its recommendations as to how Liberia can move towards implementation of the African Charter on Human and Peoples’ Rights. The Liberian government is required to update the Commission on its progress in its next report, which must be submitted in 2016.

Category:

Region
  • Africa
Mechanism
  • African Commission on Human and Peoples' Rights
Country
  • Liberia