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Liberia - Twenty Second Session - 2015
4 May 2015 - 14.30 p.m. - 18.00 p.m.
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Accepted and rejected recommendations
II. Notable achievements and key challenges during the review period
A. Notable achievements
6. Also in December 2012, the Government of Liberia launched the Strategic Roadmap for National Healing, Peacebuilding and Reconciliation (the “Reconciliation Roadmap”). The Reconciliation Roadmap seeks to address the recommendations made by the Truth and Reconciliation Commission (TRC) in its final report and prioritizes those recommendations that are most compatible with restorative justice. The Ministry of Internal Affairs (MIA) is leading coordination of the implementation of the Roadmap in collaboration with the INCHR, the Liberia Reconciliation Initiative, the Governance Commission, and the Ministry of Youth and Sports, the Ministry of Gender, Children, and Social Protection,1 and the Ministry of Education (MOE).
B. Key challenges
13. Due to the ongoing EVD crisis, all schools and universities remain closed at the time of submission of this report. The mandatory Senatorial elections, set for 14 October, had to be postponed and were held instead on December 20. On December 3, the Government issued Executive Order 65, restricting public gatherings, rallies, and meetings in Monrovia, to halt the spread of Ebola in the electoral process. Despite some political tensions in the days preceding the elections, they were conducted freely and fairly. Voter turnout was low, however, due to fears of Ebola.
III. Follow-up on implementation of recommendations made during the first UPR cycle
A. International human rights obligations (Recommendations 77.1–77.4, 77.10, 77.21–77.23, 78.1–78.5, 78.10, 78.13, 78.41)
16. The Republic of Liberia also favorably considers the ratification of the Optional Protocols to the Convention on the Rights of the Child (CRC) and has already taken a number of legislative and policy measures to comply with the provisions of both instruments. The Children’s Law, which was passed in 2011, enshrines the right of the child to be protected from involvement in armed conflicts and violence.5 With regard to the Optional Protocol on the sale of children, child prostitution, and child pornography, the Children’s Law provides for the right of the child to be protected from harmful work and from sexual abuse and exploitation.6 In 2014, Liberia also launched its Five-Year National Action Plan in the Fight Against the Trafficking of Human Beings, and the Government has established a National Anti-Human Trafficking Task Force co-chaired by the Ministries of Labor and Justice. Furthermore, the Ministry of Health and Social Welfare has placed a moratorium on international adoptions due to concerns about the trafficking of children and has submitted a proposed Child Adoption Act to the legislature to improve the regulation of international adoptions.
19. Domestication of international treaty obligations/harmonization of domestic legislation with international obligations. The Republic of Liberia has made notable progress over the past four years in harmonizing its domestic legislation with its international obligations. These include passage of the Children’s Law and the New Education Reform Act, which domesticate key provisions of the CRC and CEDAW; passage of the Freedom of Information Act, which domesticates some provisions of the ICCPR; and passage of the Decent Work Bill by the House of Representatives which, once passed by the Senate and enacted into law, will domesticate provisions of the ICESCR.
B. National Human Rights Action Plans (Recommendations 77.8, 77.17– 77.18)
26. With regard to the recommendation to incorporate women’s and children’s rights in national human rights action plans, the NHRAP contains provisions for the protection and promotion of the rights of women and children, as well as other vulnerable groups including refugees, the elderly, and persons with disabilities. Liberia has also developed the Liberian National Action Plan for U.N. Resolution 1325 on women, peace, and security and the Ministry of Gender, Children, and Social Protection (MOGCSP) submitted a state party report on implementation of the LNAP in 2012. The MOGCSP has, moreover, adopted a national action plan on adolescent girls. Liberia’s National Action Plan in the Fight Against the Trafficking of Human Beings, launched in 2013, constitutes an additional national action plan aimed at promoting and protecting the rights of women and children.
C. National human rights institutions and mechanisms (Recommendations 77.11–77.15, 77.20, 77.66)
29. The Human Rights Unit of the Ministry of Justice is the Secretariat of the National Human Rights Action Plan (NHRAP) and has a mandate to receive and investigate complaints of human rights violations, to conduct human rights monitoring of prisons, and to coordinate the Ministry’s responses to international and regional human rights mechanisms, among other duties. The Human Rights Unit of the Ministry of Gender, Children, and Social Protection (MOGCSP) is empowered to received complaints of human rights violations as well and has a mandate to develop and support policies and activities that promote and protect the rights and well-being of women and children. Human Rights Units have also been established within the Armed Forces of Liberia (AFL) and the Liberia National Police (LNP) to integrate human rights education and awareness in the security sector. The Minister of Justice has submitted letters to all relevant line ministries and government agencies requesting the establishment of human rights focal persons at these institutions to better coordinate all human rights-related activities of the government, including treaty reporting.
E. Death penalty (Recommendations 78.6–78.9, 78.14–78.20)
35. The Republic of Liberia is taking steps toward a legal abolition of the death penalty as well. The National Human Rights Action Plan (NHRAP) recognizes Liberia’s obligation to abolish capital punishment and assigns the task of doing so to specific government entities including the Ministry of Justice and the Legislature. In 2014, the Ministry of Justice initiated a bill to abolish the death penalty and life imprisonment for juvenile offenders, which is currently being considered through a consultative process. The INCHR has also advocated for a Constitutional amendment abolishing the death penalty pursuant to the Constitution Review Committee process.
F. Reform of the justice sector (Recommendations 77.24-77.28, 77.40– 77.50, 78.31–78.32, 78.36, 78.39)
46. Juvenile justice sector reform. The Child Justice Section of the Ministry of Justice, established jointly with UNICEF in 2011, engages in legislative advocacy, policy formulation, and programmatic activities to promote the rights and welfare of children in Liberia, and in particular oversees issues related to children who come into conflict with the formal legal system. The Section launched a pilot diversion program in May 2012 to provide alternatives to detention (such as vocational training) for juveniles charged with minor offenses. Approximately sixty juveniles in Bong and Montserrado Counties benefitted from the diversion program in its first year. While the pilot program ended in 2013, the Ministry of Justice is striving to maintain the diversion scheme and to implement it on a permanent basis. The Child Justice Section also chairs a Child Justice Forum comprised of representatives from government ministries and civil society organizations that meets on a regular basis to address issues of child protection, including those related to children who come into conflict with the law. Additionally, the Section conducts weekly case tracking conferences to monitor individual cases of juvenile detention and to develop a strategic response to ensure that these cases are processed in a timely manner and in accordance with the Juvenile Court Procedure Code.18 The Section conducts monitoring of police depots and prisons as well, in collaboration with the non-governmental organization Prison Fellowship Liberia, and has conducted public awareness campaigns on the juvenile procedural code jointly with the Human Rights Unit of the Ministry of Justice. In 2014, 217 cases of juvenile detention were monitored in six counties; of these, 155 juveniles were released as a result of the Section’s efforts, and an additional forty-seven cases were successfully resolved through mediation.
G. Sexual and gender-based violence and discrimination; Women’s access to justice (Recommendations 77.29–77.32, 77.35–77.37, 77.50, 77.58, 78.28–78.30)
47. The incidence of sexual and gender-based violence (SGBV) in Liberia is alarmingly high. While there has been a slight increase in the reported numbers of rape and sexual assault in recent years, it is clear that these numbers represent only a small fraction of the actual occurrence of SGBV in the country. Survivors of sexual assault in Liberia face stigmatization and are often pressured by their family members or communities not to pursue formal charges against perpetrators (a practice known as “compromising” rape). Domestic violence is commonplace. Female Genital Mutilation (FGM) continues to be carried out on young girls and women in some regions as part of deeply entrenched secret society cultures. Sex trafficking of women and girls is also a significant problem. Liberian women and girls, who endured atrocious levels of sexual and gender-based violence during the war, are still subjected to SGBV all too frequently despite the advent of peace in the country. The prevalence of SGBV remains one of Liberia’s greatest post-conflict challenges.
49. The SGBV Crimes Unit of the Ministry of Justice oversees the prosecution of SGBV crimes at Criminal Court “E,” the specialized court for sexual offenses, and also at the circuit courts in the Justice and Security Hubs 1, 2, and 3 regions. Trained SGBV prosecutors are assigned in the Hub counties (Bong, Lofa, Nimba, Grand Gedeh, River Gee, Sinoe, Maryland, and Grand Kru) to respond speedily to the needs of survivors and to prosecute sexual offense cases exclusively. Additionally, the Unit provides support to survivors and their families, including access to medical treatment, psychosocial services, temporary protective shelter at safe homes, education and empowerment packages, and start-up grants for small business and farming activities. The Government currently operates eleven safe homes throughout the country. An SGBV sub-unit has been established at the Gbarnga Regional Justice and Security Hub (Hub 1) to provide a prompt response to sexual offense cases occurring in the region. The services of the sub-unit in Gbarnga cover thee counties (Bong, Lofa, and Nimba). Currently, the Unit is in the process of establishing two sub-units in Grand Gedeh and Maryland Counties. The recruitment of eight case liaison officers and victim support officers, to be assigned at the sub-units, is almost concluded. SGBV sub-units will be established at the remaining four security hubs when they are finalized. The Government has also created sixty-one Women and Children Protection Sections (WACPS) under the Liberia National Police, which are specially equipped to investigate SGBV crimes. Sensitivity training has been provided to the staff of the WACPS and other security and medical personnel to ensure that they respond appropriately to the needs of SGBV survivors.
50. The Ministry of Gender, Children, and Social Protection (MOGCSP) has an SGBV Unit and regional SGBV offices throughout the country, which monitor cases of SGBV, produce monthly reports on the incidence of SGBV throughout Liberia, and liaise with the SGBV Unit of the Ministry of Justice to recommend cases for prosecution. The SGBV Unit of the MOGCSP also serves as the secretariat for the Gender-Based Violence Inter-agency Taskforce to coordinate implementation of the National Gender-Based Violence Plan of Action.
51. Liberia has undertaken measures to address the sexual abuse and exploitation of women and children resulting from human trafficking as well. The Government recently launched the Five-Year National Action Plan in the Fight Against the Trafficking of Human Beings24 as part of its “zero tolerance” stance against human trafficking. The Ministry of Labor has the statutory mandate to oversee and coordinate the Government’s efforts to combat human trafficking and co-chairs the Anti-Human Trafficking National Taskforce jointly with the Ministry of Justice. The Taskforce is composed of representatives from all security agencies in Liberia and is responsible for conducting investigations into suspected cases of human trafficking and for providing information on these cases to the police and the courts. Cases of sex trafficking fall under the mandate of the SGBV Unit of the Ministry of Justice, which provides psychosocial, medical, and legal support to survivors and may forward cases for prosecution to Criminal Court “E.”
H. Harmful traditional practices (Female Genital Mutilation, early marriage, and trials by ordeal) (Recommendations 78.21–78.27, 78.34– 78.35)
55. FGM and early marriage. The Government of Liberia has taken a number of legislative and policy measures to combat FGM and early marriage. The Children’s Law of 2011 prohibits marriage below the age of eighteen and amends the penal code to make it a felony to subject a child to early marriage or to practices “that violate or endanger the bodily integrity, life, health, [or] dignity...” of a child. The Ministry of Internal Affairs (MIA), which oversees and regulates traditional activities, has indicated that no one may be subjected to FGM or other harmful practices without their consent and that the failure to gain an individual’s consent may lead to criminal charges. In 2014, the MIA imposed a ninety-day moratorium on all activities of the Poro and Sande societies in order to conduct a comprehensive review of individual practitioners’ licenses following reports of forceful initiations, and simultaneously issued a ban on the initiation of children during the school year.
56. The Government has also worked with traditional leaders to reduce the incidence of harmful traditional practices, including FGM and early marriage. In 2010, the MIA came to an agreement with Zoes and other traditional leaders to locate all bush schools at least twenty-five miles away from communities to discourage the forceful initiation of children. The Government has also worked in partnership with traditional leaders to carry out public awareness and sensitization campaigns and has supported programs that provide alternate sources of livelihood for Zoes and other traditional practitioners, who often rely on these practices as their primary source of income.
I. Economic, social, and cultural rights (Recommendations 77.54–77.65, 78.11, 78.40–78.41)
61. Prior to the Ebola crisis, Liberia had made some gains in the provision of health care. Maternal mortality rates declined significantly, down from a rate of 994 per 100,000 live births in 2010 to 770 per 100,000 in 2012. The Government launched its National Health and Social Welfare Plan (2011–2021) and was taking over a greater share of the health care funding burden from its international partners, increasing budgetary allocations from 39.8 million USD in 2010–2011 to 54.9 million USD in 2012-2013.
62. The right to education. At the time of submission of this report, virtually all Liberian children were being deprived of their right to an education due to the Ebola crisis, which has forced the Government to close all schools as a necessary precautionary measure. Prior to the crisis, the Government had achieved some progress in improving access to education and in bridging the enrollment gap between boys and girls in primary education. The New Education Reform Act, signed into law in 2011, establishes free and compulsory primary education, provides for equal access to educational opportunities for children with special needs, and integrates human rights principles into national educational policy.33 Liberia has also created a number of teacher training institutions to build capacity in the educational sector.
J. Protection and promotion of the rights of vulnerable groups (Recommendations 77.38–77.39, 77.67–77.70)
63. The Republic of Liberia is committed to protecting and promoting the rights of vulnerable groups including, but not limited to, women, children, the elderly, refugees, persons with disabilities, persons living with HIV/AIDS, and LGBTI persons. The Agenda for Transformation and the National Human Rights Action Plan both make provisions for the protection of vulnerable groups as an area of national priority. The Government has also established and supported a number of ministries and agencies dedicated to addressing the interests of vulnerable groups, including the Ministry of Gender, Children, and Social Protection, the Liberian Refugee, Repatriation, and Resettlement Commission (LRRRC), the National Commission on Disabilities, and the National AIDS Commission (NAC).
IV. Key national priorities
66. Based on consultations with key stakeholders from a variety of government institutions, the INCHR, and civil society organizations, the following areas were identified as key national human rights priorities:
Ensure the effective implementation of the right to free and compulsory education;
- Reinforce efforts to improve the standard of living of all Liberians, with particular attention given to access to health care services, education, employment opportunities, and safe drinking water, among others;
- Continue to promote and protect the rights of vulnerable groups, including women, children, the elderly, refugees, persons with disabilities, persons living with HIV/AIDS, and LGBTI persons.
I. Background and framework
A. Scope of international obligations
International human rights treaties
1. In 2012, the Committee on the Rights of the Child (CRC) recommended that Liberia ratify OP-CRC-AC, OP-CRC-SC, OP-CRC-IC, OP-ICESCR, ICPPED, OP-CEDAW, ICRMW and OP-CRPD.11 CRC also urged Liberia to ratify ILO Convention No. 138.
I. Background and framework
B. Constitutional and legislative framework
7. CRC welcomed the Education Reform Act (2011), the National Plan of Action for the Prevention and Management of Gender-based Violence (2011–2015), the Education Sector Master Plan 2000–2010 and the Action Plan 2004–2015: Education for All.
8. CRC also welcomed the enactment of the Children’s Law (2012) and recommended that Liberia ensure its full and effective implementation. UNCT made a similar recommendation. CRC also reiterated its recommendation that Liberia undertake a comprehensive review of all domestic legislation to ensure full conformity with the Convention.
C. Institutional and human rights infrastructure and policy measures
12. Reiterating its concern about the lack of a comprehensive policy to guide the implementation of the Convention as a whole, CRC recommended that Liberia develop such a policy as well as a national plan of action on children and expedite the operationalization of the National Child Well-being Council.
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
A. Equality and non-discrimination
17. CRC regretted that insufficient measures had been taken to implement its previous recommendations to eliminate all forms of discrimination, in particular against children in vulnerable situations. It recommended that Liberia ensure that all discriminatory laws, including customary laws, were amended or repealed and brought into full compliance with the Convention.
19. CRC was concerned at the extent of gender-based discrimination, in particular against girls in rural areas who experienced persistent discrimination in access to education and social services and their right to property and security.
20. Regretting that the granting of citizenship to children born in Liberia remained restricted on the basis of colour or racial origin, CRC reiterated its previous recommendation and called upon Liberia to amend its Constitution and citizenship laws to eliminate discrimination on the basis of colour or racial origin.
B. Right to life, liberty and security of the person
22. Remaining seriously concerned at the persistence of ritualistic killings of children and of harmful practices such as trials by ordeal, CRC urged Liberia to ensure strict application of the Children’s Law to eradicate the practice of ritualistic killings and swift prosecution of the perpetrators of such practices and to enforce existing legislation prohibiting harmful practices, including trials by ordeal.
29. The Secretary-General stated that response to, and management of, cases of sexual and gender-based violence and the high number of reported rapes, particularly those involving young victims, remained a serious concern. He reported that 70 per cent of victims were minors and nearly 18 per cent were girls under the age of 10. The Secretary- General urged Liberia to put in place, with the support of the United Nations, a comprehensive prevention strategy that included more systematic monitoring, analysis and reporting. UNCT made similar comments with regard to violence against women and children and recommended that Liberia enhance the capacity of the police to investigate cases of domestic violence and rape and fast track the enactment of the Domestic Violence Act.
30. CRC remained gravely concerned that child rape and sexual offences were among the most commonly reported crimes and that a high number of cases were settled out of the court. It urged Liberia to enforce domestic laws that protect children from sexual abuse and exploitation; effectively investigate all cases; and prosecute and punish corrupt officials. UNCT made similar recommendations.
31. CRC was seriously concerned that there was no explicit criminalization of female genital mutilation (FGM) and that the practice was widely carried out in many communities, especially in rural areas. It urged Liberia to criminalize FGM and to stop issuing licences and permits to all practitioners of FGM. CEDAW had requested follow- up information on the matter in 2011 and 2012.
33. CRC remained deeply concerned at the practice of “Bush Schools” licensed by the Ministry of Internal Affairs to be run by secret societies, which deprived children of education as well as a family environment, and exposed them to economic exploitation and initiation rites, including female and male circumcision. It urged Liberia to prohibit the recruitment of children into “Bush Schools” and to provide adequate protection to children who might be vulnerable to such recruitment.
34. CRC was concerned that corporal punishment remained lawful in schools, in the home and in alternative care settings. It urged Liberia to explicitly prohibit, by law, corporal punishment in all settings.
35. Alarmed at the prevalence and level of child labour in almost all sectors of the economy, CRC urged Liberia to, inter alia, bring to an end all forms of child labour and recommended that Liberia implement regulations to ensure that the business sector complied with international and national human rights, labour, environment and other standards.
36. CRC reiterated its concern at the widespread practice of relocating children from rural areas to live in Monrovia for street vending, begging and domestic servitude. It recommended that Liberia strictly implement the Act to Ban Trafficking (2005); effectively investigate all cases of child trafficking; bring perpetrators to justice; and provide child victims of trafficking with adequate protection. CRC also made several recommendations to Liberia to develop a national strategy to support children in street situations.
38. CRC was concerned that armed actors along the borders continued to recruit children into their ranks and it recommended that Liberia prevent the recruitment and use of children by armed actors operating in the border areas.
C. Administration of justice, including impunity, and the rule of law
45. CRC was concerned that children younger than 16 were criminally liable and at the extensive use of lengthy pretrial detention for children and lack of due process. It reiterated its previous recommendation that Liberia reform the system of juvenile justice in line with the Convention.
46. CRC commended Liberia on the adoption of the Anti-Corruption Act in 2008 and the establishment of an Anti-Corruption Commission, however, it was highly concerned that corruption remained pervasive. It urged Liberia to strengthen institutional capacities to effectively detect, investigate and prosecute corruption.
D. Right to privacy, marriage and family life
48. CRC appreciated the efforts to improve birth registration, but remained concerned at the low rate of birth registration as well as at the regional and gender disparities. It encouraged Liberia to increase the rate of birth registration.
49. While noting as positive that the legal age of marriage had been set at 18 years for both boys and girls in the Children’s Law, CRC urged Liberia to harmonize the legal provisions relating to the age of marriage in both customary and codified laws with the Children’s Law.
50. The Office of the United Nations High Commissioner for Refugees (UNHCR) noted that the Government had ensured that all refugee children born in Liberia and residing in the camps were registered and provided with birth certificates. However, it noted that the same exercise had not yet been extended to refugees living in communities. UNHCR recommended that Liberia extend the birth registration exercise to the latter.
H. Right to health
62. CRC remained seriously concerned that many communities still lacked access to basic health-care services, in particular in rural areas, and that there were persistent inequalities and regional disparities in the distribution of health personnel and in access to essential health services. It recommended that Liberia, inter alia, improve access to basic health-care services and implement a strong primary health-care system to cover the whole country.
63. CRC was concerned at the difficulties faced by pregnant women in rural areas in accessing referral services, resulting in, inter alia, an unacceptably high maternal mortality rate, and at the high levels of child morbidity and mortality. CRC recommended that Liberia develop an accessible system of antenatal care and ensure access to emergency obstetric care.
64. CRC commended the high-level commitment to the fight against HIV/AIDS and recommended that Liberia intensify the comprehensive HIV information/education campaign and ensure proper coverage for HIV testing and antiretroviral provision.
I. Right to education
65. The ILO Committee of Experts on the Application of Conventions and Recommendations reported that, in 2011, the net enrolment rate in primary education was 41 per cent and that 66 per cent of children completed primary education. While noting the various measures taken by the Government to improve access to education, the Committee expressed its concern at the low rates of enrolment as well as the high drop-out rates at the primary and secondary levels. It urged the Government to intensify its efforts to improve the functioning of the education system and to facilitate access to free basic education for all children, especially girls. CRC made similar recommendations.
66. UNDAF reported that the gender gap was also apparent in education and that illiteracy rates among women aged 15 to 49 were especially high at 60 per cent, compared to men, at 30 per cent.
67. In 2013, the Secretary-General noted that the Government had begun implementation of guidelines to regulate the traditional practices of the Sande and Poro secret societies which impeded children from attending school in some areas. He reported that as a result of secret society activities, the enrolment of children, in particular girls, in formal schooling had continued to fall in some counties.
68. UNESCO stated that Liberia had made efforts to further promote the right to education with the help of the international community and had allowed improvement in the rights of children and women by adopting a human rights perspective and improving the budget allocation for education. However, it noted that Liberia had not taken sufficient measures to promote human rights education.
J. Persons with disabilities
70. CRC was concerned about the high level of stigmatization of children with disabilities, and recommended that Liberia, inter alia, ensure immunization and access to basic health care to children with disabilities; provide adequate support to children with disabilities and their families; and allocate sufficient resources to the National Commission on Disabilities.
76. CRC was concerned that there was no mechanism to provide protection and assistance to refugee children. It recommended that Liberia strengthen its assistance to refugee children seeking asylum, and set up a specific mechanism to protect and assist separated and unaccompanied children particularly.
L. Right to development, and environmental issues
78. CRC regretted that multinational companies were operating in the absence of clear regulatory frameworks to ensure adherence to international human rights, labour, environment and other standards and was concerned that issues relating to relocation that affected families and communities in mining areas were not discussed with or communicated to the persons concerned, nor to the public. It recommended that Liberia require assessments, consultations and disclosure by companies on the human rights impact of measures such as relocation of communities or establishment of production quotas.
A. Background and framework
3. Institutional and human rights infrastructure and policy measures
13. JS3 recommended that Liberia establish an accountability mechanism by creating a “people living with HIV/AIDS; Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) and other sexual minorities Desk” within the INHRC. This Desk should develop sexual orientation policies to protect women, girls, and boys; people living with HIV/AIDS; LGBTI; and other sexual minorities as well as to promote policies that will enable the legal system and the judiciary to abide by the International Covenant on Civil and Political Rights for all citizens.
15. JS1 stated that the Government had made tremendous efforts in the implementation of policy and legislation for the protection of vulnerable groups and that several policies and judicial reforms had been put in place to promote and protect the rights of women and children. JS1 added that the Ministry of Gender and Development had adopted a National Action Plan for the Promotion and Protection of Women and Children’ Rights for the years 2013-2018.
16. JS1 also urged Liberia to take further legislative and policy measures to protect the rights of children, including by ensuring that Liberia meets its obligations under the Convention on the Rights of the Child and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography.
C. Implementation of international human rights obligations
1. Equality and non-discrimination
20. Equality Now noted that although the Constitution provided that either parent can pass nationality to their children, the nationality law restricts this. In effect, Liberian women cannot pass on their citizenship to their children who are born abroad, while fathers can pass on their citizenship to children born at home and abroad. Equality Now stated that this distinction discriminated against women and could result in severe consequences for children such as statelessness, risk of deportation, and lack of access to publicly-funded education, health and social benefits and economic opportunities.
21. Equality Now recommended that Liberia amend the sex discriminatory and any other discriminatory provision(s) in the law relating to nationality and include a provision in the new Constitution which grants equal rights to men and women to transfer their nationality to their children and spouses. It also recommended continuing to be inclusive of rural women in the drafting of the new Constitution and including a specific provision on gender equality.
2. Right to life, liberty and security of the person
34. Equality Now noted that although Section 38 of the Children’s Act bans “all forms of harmful cultural practices”, Liberia did not enforce this provision and did not have a law specifically banning female genital mutilation which would send a strong message that it was a crime and must be dealt with in a comprehensive way.
35. Equality Now stated that over 58.2 per cent of women had undergone female genital mutilation as an initiation rite into womanhood by different ethnic groups. Although culturally entrenched, the practice is propagated by a politically influential female secret society known as the Sande, in which young girls that attend traditional Sande schools go through the process of indoctrination of social and traditional training and graduate to womanhood.
37. Equality Now recommended that Liberia, inter alia, enact and enforce a law prohibiting female genital mutilation; institute protective mechanisms that will guarantee protection to all women and girls from undergoing female genital mutilation and ensure the Government’s suspension of Sande FGM activities is enforced.
38. JS3 stated that the incidence of rape of women, girls and boys was alarmingly high, despite positive efforts by the Government. According to JS3, while public reporting and police response have improved in recent years, efforts to prosecute these cases continued to be hampered by deficiencies in the judicial system.
43. Reporting a high prevalence of corporal punishment of children, GIEACPC urged Liberia to complete the process of law reform by ensuring the drafting and enactment of legislation clearly prohibiting corporal punishment of children in all settings, including the home.
4. Freedom of expression, association and peaceful assembly
62. JS5 reported that in November 2011, following their coverage of demonstrations calling for a boycott of the run-off elections, armed police closed down Kings FM, Clar TV, Love FM and Shiata Power FM after an injunction had been imposed by the court. Government representatives accused the media houses of fomenting protests using “hate speech”.108 According to JS5, violent acts against the media were carried out by supporters of both the ruling party and the political opposition particularly in the run-up to the second round of the elections.
7. Right to education
77. Regarding the UPR recommendations on women and children’s rights, JS4 stated that the Government had made no effort in initiating women and children rights education and awareness at the grassroots (in schools, street corners, markets, etc.).
Accepted and rejected recommendations
The following recommendations enjoy the support of Liberia:
100.9 Ratify the optional protocols to the Convention on the Rights of the Child (Iraq) (Portugal) (Uruguay);
100.11 Ratify the Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography (Estonia) (Poland);
100.13 Ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, signed in 2004, and implement the necessary domestic measures for its implementation (Brazil);
100.14 Accelerate the ratification of the range of international human rights instruments accepted at the universal periodic review in 2010, particularly the optional protocols to the Convention on the Rights of the Child (Cabo Verde);
100.15 Continue efforts to guarantee the rights of children, including the ratification and implementation of the optional protocols to the Convention on the Rights of the Child, which Liberia has signed (France);
100.16 Continue its efforts to take legislative measures for the protection and promotion of the rights of the child, by expediting the ratification process of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (Indonesia);
100.46 Incorporate the principle of equality between women and men into the Constitution, and seek to combat gender-based discrimination, in particular against girls in rural areas, especially as regards access to education and social services and their right to property and security (Egypt);
100.53 Undertake a comprehensive review of pertinent domestic legislation to ensure full conformity with the Convention on the Rights of the Child (Egypt);
100.58 Put in place measures that ensure and protect the family as a natural nucleus of society and provide a family-friendly environment for the children in Liberia (Uganda);
100.59 Guarantee women the same right as men to transmit their nationality to their children, in particular by deleting Section 20.1 (b) of Part III of the “Law on Immigration and Nationality” (Switzerland);
100.60 Adopt a law that explicitly prohibits female genital mutilation (Uruguay);
100.62 Enact legislation and increase awareness-raising prohibiting female genital mutilation (Sweden);
100.63 Fast-track the enactment of its Domestic Violence Act, criminalize female genital mutilation, enforce laws that protect children from sexual abuse and exploitation, and prosecute and punish complicit officials (Australia);
100.64 Build the capacity of existing institutions and sexual and gender- based violence units to monitor in particular violence against women — including sexual violence and female genital mutilation/cutting — in order to prevent violence, protect victims and fully gather evidence, investigate and prosecute these crimes (Finland);
100.67 Further empower its Special Court on Rape and Other Forms of Violence, enforce the laws against female genital mutilation and increase its efforts to create national public awareness programmes about sexual and gender-based violence (Netherlands);
100.70 Strengthen its enforcement of domestic laws that protect children from sexual abuses and exploitation, expedite the investigation of reported cases, and bring the perpetrators to justice (Thailand);
100.72 Implement provisions in the National Human Rights Action Plan for the protection of vulnerable individuals, including children, persons with disabilities, persons with albinism, LGBT persons, and persons diagnosed with HIV/AIDS (United Kingdom of Great Britain and Northern Ireland);
100.73 Ensure that all relevant laws, codified and customary, are brought into compliance with the Convention on the Rights of the Child and ensure strict application of the Children’s Law (Slovenia);
100.74 Enact and effectively implement legislation and take other policy and program measures to fulfil treaty obligations to eliminate the worst forms of child labour (United States of America);
100.92 Continue strengthening the institutional capacity in the human rights sector in the country, particularly through promotion, dissemination and human rights education in the various national institutions, and establish follow-up mechanisms for human rights recommendations (Colombia);
100.95 Strengthen protection measures for children and vulnerable persons (Senegal);
100.96 Take effective measures to implement the provisions in the National Human Rights Action Plan concerning the protection of vulnerable groups, especially concerning the fight against sexual violence against women and girls (China);
100.99 Implement a human rights training programme and the necessary legal reforms to avoid the practice of female genital mutilation (Costa Rica);
100.100 Implement the awareness-raising programme to fight against domestic violence against women and girls (Switzerland);
100.101 Set up a mechanism to fight more effectively discrimination against women, prevent and punish sexual and gender-based violence, ban female genital mutilation and other harmful traditional practices and effectively enforce the ban while stepping up the fight against these practices through public-awareness campaigns (Czech Republic);
100.115 Put an end to the widespread gender discrimination which particularly affects girls living in rural areas (Congo);
100.116 Eliminate all forms of discrimination, particularly against children in vulnerable situations (Ghana);
100.117 Eliminate all forms of discrimination particularly against vulnerable children (Congo);
100.118 Take steps to harmonize her nationality laws in order to provide women with the right to pass on their rights of nationality to children born abroad, on an equal basis with men (Kenya);
100.119 Do more to fight discrimination against Liberian women by allowing them to transmit their nationalities to their children and their spouses (Senegal);
100.125 Further improve the birth registration system and support it by awareness-raising activities, in order to boost the registration numbers (Turkey);
100.128 Continue its efforts to fight against violence against women and girls, in particular female genital mutilation, and adopt legislation criminalizing this harmful practice (Canada);
100.130 Fight female genital mutilation and early marriage (Angola);
100.131 Continue to combat violence against women, particularly female genital mutilation and sexual violence, ensure that this violence is always prosecuted, and continue to organize awareness-raising campaigns on this issue (France);
100.132 Intensify efforts to eliminate sexual and gender-based violence and to specifically criminalize female genital mutilation as well as to take all necessary measures to ensure its eradication (Ireland);
100.133 Continue working to combat child, early and forced marriage, to legally prohibit female genital mutilations and to increase support to girls from the poorest households and rural areas who are reportedly more at risk of being subject to these practices (Italy);
100.137 Continue combating female genital mutilation (Ethiopia);
100.138 Continue to criminalize and ultimately eradicate sexual and gender-
based violence such as female genital mutilation and harmful traditional practices, including trials by ordeal (Republic of Korea);
100.139 Intensify efforts towards the total eradication of female genital mutilation (Rwanda);
100.140 Strengthen efforts on combating sexual and gender-based violence as well as female genital mutilation (South Africa);
100.141 Increase the efforts by the Ministry of the Interior to combat the practice of female genital mutilation, particularly in rural areas, preventing and prosecuting criminally this practice (Spain);
100.142 Ensure the full enjoyment of human rights by women and girls, including through public awareness-raising and measures to improve investigation and prosecution of sexual and gender-based violence (Sweden);
100.145 Increase public awareness campaigns against female genital mutilation (Timor-Leste);
100.146 Criminalize female genital mutilation or cutting and spousal rape, and increase the number of public awareness campaigns focused on preventing violence against women and girls, with particular emphasis on rape, domestic violence, and female genital mutilation or cutting (United States of America);
100.147 Systematically pursue current initiatives to change harmful practices against women and children, in particular female genital mutilation and early marriage (Cabo Verde);
100.148 Eliminate all forms of child labour (Benin);
100.168 Increase its efforts to improve the living standards of its population and particularly the access to health care, education, work and safe drinking water (Togo);
100.175 Put in place an accessible health-care system and consider applying the Technical Guidance on preventable mortality and morbidity of children under the age of 5 years, which was developed by the World Health Organization (Botswana);
100.180 Strengthen efforts towards the realization of the rights to education and the highest attainable standard of physical and mental health in the post- Ebola recovery period (South Africa);
100.181 Increase children’s access to the education system (Angola);
100.182 Step up efforts to improve the functioning of the education system to make it easier for all children, including children with disabilities, to have access to education (Congo);
100.183 Intensify its efforts to eradicate illiteracy, especially among women and girls (Latvia);
100.184 Secure equal rights for boys and girls in the education system and put in place targeted measures to reduce the high dropout rates of girls from high schools (Norway);
100.185 That a strategic plan be implemented to ensure that all schools and educational institutions are reopened in the near future (Trinidad and Tobago);