LIBERIA: Children's Rights in the UN Special Procedures Reports

Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.

Please note that the language may have been edited in places for the purpose of clarity.

• Independent expert on technical cooperation and advisory services in Liberia
• Independent expert on the situaton of human rights in Liberia

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UN Report of the independent expert on technical cooperation and advisory services in Liberia

(A/HRC/4/6)
Charlotte Abaka

Report published: 28 February 2007

• General comments: The year 2006 commenced with the enactment in January of amended rape legislation which sought to give greater legal protection to victims. The act provides for a broader definition of rape, creation of the offence of gang rape and also provides that there should be a presumption against bail in the case of those accused of first-degree rape. While this legislation should be revisited and revised, it is encouraging to see that the proper legislative framework is being put in place. The enactment of legislation to prohibit female genital mutilation must also be a priority for the authorities in the coming year. However, the failure by both the Liberian National Police and the courts to properly implement this crucial piece of legislation on sexual crimes has left victims - women, girls, men and boys - without any effective protection or remedy. This also gave rise in the past year to the widespread practice of out-of-court settlements by victims and their parents with the alleged perpetrators. The impotence of the justice system combined with the prevailing dire social and economic conditions gave rise to this phenomenon, which is essentially a form of impunity.
• Rape: In relation to the enforcement of the Rape Law, a shortage of lawyers, and specifically of prosecutors, was identified as a possible impediment to implementation. The potential for recruiting lawyers from private practice to conduct prosecutions, as an interim measure, was raised. The parliamentarians agreed that they have a definite oversight responsibility on this issue and would move towards a more proactive approach. The legislature is also taking steps to join the Inter-Parliamentary Union (IPU), which it sees as an important avenue for strengthening its capacity and professionalism. (Paragraph 10)

  The amended Rape Law (An Act to Amend the New Penal Code, chapter 14, sections 1470-1471, and to Provide for Gang Rape), the drafting of which international NGOs and United Nations agencies had participated in an effort to ensure that international standards were observed, entered into force on 17 January 2006. However, a combination of a weak judiciary and a lack of awareness among the populace is resulting in weak implementation of this vital legislation. While the law provides for stronger penalties for rape and includes the specific crime of gang-rape, there are reports that clear evidence is being rejected in court and that provisions of the Act are not being respected.(Paragraph16)

  The reported high incidence of out-of-court settlements in these cases is particularly worrying. While there are socio-economic considerations involved in such a decision, this trend is bolstered by both the delay in the hearing of cases and the lack of implementation mentioned above. The Chief Justice assured the independent expert that he was taking all measures to ensure that such unwarranted delays in these cases did not occur; one court was now to be dedicated to conducting such hearings. (Paragraph 17)

  The failure of the law to address rape by juveniles is one glaring deficiency in the new law which, it is hoped, will be reviewed by the Law Reform Commission. (Paragraph 18)

• Criminal justice system: The Liberian criminal justice system is not, for the various reasons mentioned above, in a position to respond to ongoing human rights violations and abuses. This is particularly true in the area of gender-based violence which appears to be on the increase. Police misconduct in the execution of their duties was a repeated theme in discussions with local actors. The mistreatment of those being arrested and detained highlights the need for greater training on the code of conduct and rules on the use of force. (Paragraph 14)
• Gender based violence: The incidence of gender-based violence combined with a lack of implementation of the applicable legislation is a serious concern. Domestic violence and harmful traditional practices are not being addressed and the non-implementation of the above-mentioned Rape Law means that discrimination against women continues unabated. The fact that no redress is available often leads to the unfortunate practice of out-of-court settlements in cases of rape. The Association of Female Lawyers, the only NGO providing free advice and representation for women and children, is undertaking an assessment of the implementation of the Rape Law, which should be available in the next year. To date the Association has been very much Monrovia-based; it is to be hoped that their much-needed assistance will soon be available in the interior of the country. (Paragraph 21)
• Woman and child units: The establishment of a woman and child unit at police stations is, however, a very welcome development. This unit is only present in three counties but the stated intention is that these should be established across the country. Such a unit is now automatically installed where stations are refurbished or to be constructed. UNICEF is providing the training for the staff though there are difficulties in this area. Many trained staff have been deactivated in the downsizing exercise while the command and control structure in many stations is weak. (Paragraph 22)
• Child Labour: The ratification of International Labour Organisation Convention No. 182 (1999), which prohibits the most dangerous forms of child labour, obliges Liberia to take steps to eliminate such practices. The Ministry of Labour has assured that legislation is being drafted to give effect to these provisions in domestic law. It is hoped that the current situation, in which children are employed in their hundreds throughout the country in quarries, and engage in rock crushing and transport activities, can be resolved. Poverty also forces children, who are selling goods at market for their parents, to engage in commercial sex to supplement their incomes. (Paragraph 23)
• Assimilation of child soldiers: An assessment of reintegration of ex-combatants shows that assimilation of child soldiers has been successful, with only 5 per cent maintaining contact with their former commanders. Furthermore, 70 per cent are now attending school. (Paragraph 24)
• Conditions in private orphanages: The existence of many illegal and privately run orphanages is a major concern. The system to date has lent itself to exploitation of children and families. The publication of draft minimum standards for operating orphanages in Liberia by the Ministry of Health and Social Welfare, after a consultative process involving the Child Protection Network Task Force, is a major step forward and the speedy adoption of these guidelines is now urgently required. The Ministry, in coordination with the Child Protection Network, has established a list of over 60 orphanages for closure and arrangements are being put in place for the placement of those children whose parents cannot be traced and in whose case reunification is not possible. The Minister for Social Welfare reported that any closures have to be carefully coordinated with the Ministry of Justice, as past attempts had failed, following legal challenges. The matter has become very politicised and the legislature has frequently called on her office for explanations in relation to specific closures. However, the Minister assured us that as soon as the documentation was finalised further closures would commence. A visit to one such unaccredited orphanage, which housed 61 children in totally inadequate and substandard conditions, was described to the Minister. (Paragraph 28)
• Health: In relation to the general health system, it is reported that there has been no progress on maternal and infant mortality since the last report. The rate of tuberculosis is in fact on the increase and this development may well be related to the incidence of HIV/AIDS. The Ministry reports that education on HIV has in fact been sporadic to date and recent acceptance of the proposal for funding under the Global Fund was warmly welcomed. (Paragraph 29)
• Educational: The Government has attempted to introduce free primary education this school term. Principals may no longer levy school fees but a campaign to sensitise parents to the new system is needed. The Ministry of Education has supplied stationery but some concern was raised that the funds for school materials and maintenance are not being fully replaced by the State. Considerable financial assistance to the State is required in this area. It was decided not to require primary education to be compulsory at this stage as neither the necessary infrastructure nor an adequate number of facilities are in place. (Paragraph 30)

  A national policy on the education of the girl child, which acknowledges the need to establish sustainable measures to address gender inequality in the education sector, was first published in 2005. The Ministry of Education recognised the need to establish proactive measures to accelerate the presence of girls in the educational system. Furthermore, there are three regulatory bodies for the implementation of these education policies at local level. However, progress has been slow due to a combination of cultural/traditional attitudes and the lack of resources within the Ministry. (Paragraph 31)

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UN Report of the Independent Expert on the situation of human rights in Liberia

(A/HRC/7/67)
Country visit: 20-29 September 2007
Report published: 14 February 2008

• Human development and health: According to basic indicators including life expectancy at birth, combined gross enrolment ratio for primary, secondary and tertiary schools, under-five mortality rates and population undernourishment, Liberia is currently one of the least developed countries in the world. (paragraph 1)

  At the national level, life expectancy at birth is 42.5 years, as measured during the period 2000-2005. The under-five mortality rate was 235 per 1,000 live births in 2004. For reasons such as the lack of education and awareness of family planning, the total fertility rate in rural areas (6.2 births) is considerably higher than the rate in urban areas (3.8 births). The population of the country is mainly concentrated in rural areas, which account for 68 per cent of the population (paragraph 4).

  There has been a slight decrease in the infant mortality rate (paragraph 40).

  The child mortality rate is a basic indicator of a country's social economic level and quality of life. In Liberia, the situation of vaccination of children is alarming; 12 per cent of children have received no vaccination at all. As a result, Liberia has one of the highest under-5 mortality rates in the world (235 children per 1,000 live births). (paragraph 54).

• Juvenile justice: 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 documented cases of children below the age of criminal responsibility (16) being detained in cells with adults. It has also monitored cases where complaints of rape, including cases involving children, are not investigated or prosecuted (paragraph 18).
• Customary law: Discrimination and inequality in customary law are widespread. Decisions of town, clan and paramount chiefs working under the Ministry of Internal Affairs are often made by prejudice and result in excessive sanctions. These sanctions are not generally subject to independent review by the statutory courts. Illegal detention and forced labour practices result partly from the chiefs' ignorance of their proper judicial role. However, some chiefs abuse the dysfunctional statutory system to exploit people who lack an adequate awareness of their legal rights. In May, a five-year-old was allegedly killed in Bong Mines, Bong County, as retribution after his grandmother was denounced as a witch by a "medicine man". In July, a 65-year-old woman and her 70-year-old husband were beaten by a mob that accused the woman of using witchcraft, thereby allegedly causing the death of a 12-year-old child in River Cess County (paragraph 22).
• Gender based violence: Many Liberian women and girls, regardless of age, marital status and ethnic affiliation, suffer various forms of violence and exploitation, including gang rape, sexual slavery, forced sex in exchange for food or survival, and forced or early marriage. According to a study conducted by the World Health Organisation (WHO) on the situation of gender-based violence in Liberia, in 10 of Liberia's most populous counties, 90.8 per cent of the sample had been subjected to one or multiple acts of abuses and/or sexual violence; 75 per cent were raped - most of them gang raped. Sexual violence, domestic violence, sexual exploitation, incest, early and forced marriage, wife inheritance and female genital mutilation are the most prevalent forms of gender-based violence in the country. Furthermore, the level of poverty among women and children and the absence of social safety networks make women and children extremely vulnerable to sexual exploitation and abuse (paragraph 33).

  Out-of-court settlement is still very widespread in cases of rape. In May, an alleged victim of rape in Grand Cape Mount County appeared to receive discriminatory treatment by the Liberian National Police and judiciary personnel because she was mentally disabled. The police charged the suspect only with the lesser offence of involuntary sodomy. The Robertsport Magistrate and City Solicitor ultimately convened a "conference" for the case, at which the suspect agreed to pay a financial settlement. In another case, in August, during the preliminary examination of a case in which a 13-year-old girl was allegedly raped, the Magistrate at Voinjama Magistrates Court, Lofa County, postponed the transfer of the case to the circuit court, stating that he wanted to give the defendant a chance to convince the victim's parents to settle the case outside court.

  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 (paragraphs 37 and 38).

• Orphanages: 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.

  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 (paragraphs 41 and 42).

• Child labour: The unemployment rate in Liberia remains very high, approaching 80 per cent for the country as a whole, affecting rural areas in particular. Children are the main victims of the lax enforcement of even minimum human rights standards, since child labour is indirectly encouraged by exploitative work practices and lack of access to education (paragraph 48).
• Education: The civil war has completely destroyed 20 per cent of schools, while many of those remaining are in urgent need of repair. Only 24 per cent of children enrolled in public primary schools have access to desks and chairs, and many classrooms do not have blackboards, desks or chairs for teachers. The quality of education is in a critical state, with the current pupil to textbook ratio in public primary and secondary schools at 27:1 and 9:1, respectively.

  Thanks to the promotion of a free and compulsory primary school policy since 2006, the country has seen a great increase in enrolment, especially among girls. In public primary schools, the enrolment of girls increased by 24 per cent between 2006 and 2007 compared with 18 per cent for boys during the same period. The large increases in student enrolment have created, however, new strain on a critically under-resourced public primary school system. Compounding the serious problems in the sector, poorly paid teachers are now faced with large classes representing a broad range of ages.

  Primary school enrolment of boys is 458,012 against 436,394 of girls (school year 2005-6). However, the geographic distribution of primary education enrolment is very uneven throughout the country. Two counties, Montserrado and Nimba, account for over half of enrolments. These two counties also have the greatest share of the population, but their share of enrolments is proportionally greater.

  There is a significant disparity in access to secondary school: few female students attain the minimum qualification to gain access to higher levels of education, particularly in the Grand Kru, Lofa and River Cess Counties.

  The number of pregnant school-age girls has been increasing in Liberia, partly due to rape and/or unwanted pregnancies. These girls often face difficulties in continuing their education. To address the issue, the Minister for Education has agreed to consider the possibility of opening schools for pregnant girls to ensure that they are given equal access to education (paragraphs 57).

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UN Report of the Independent Expert on the situation of human rights in Liberia

(E/CN.4/2006/114)
Charlotte Abaka 

Report published: 6 February 2006

Summary:

• General comments: The situation of women, children and other vulnerable groups remained dire in the face of limited resources and capacity of the Government. More coordinated international assistance is required to ensure sustenance of rehabilitation and reintegration of ex-combatants. (Paragraph 48) 
• Conditions on plantations: The major human rights concern on the plantations is the blurred line between State and corporate responsibility and the consequent reluctance of either side to take the initiative to protect human rights. This is all the more striking because the plantations are home to thousands of residents. The plantations, although existing as insular communities, lack basic social amenities including schools, hospitals and potable water. The conditions of work in the plantations are also deplorable and of serious concern. (Paragraph 29)
• Gender-based violence: More than any other group, women bore the brunt of the civil conflict. However, the ongoing transition initiatives have only partly addressed the historical disproportionate disadvantages suffered by women. The incidence of domestic violence and harmful traditional practices such as female genital mutilation is reportedly increasing. Sexual and gender-based violence, notably rape, is prevalent throughout the country. In 2004, 1,204 cases of sexual exploitation and abuse were reported, with rape accounting for 1,060 of the cases. The girl child is particularly at risk and cases are often mediated outside the formal judicial structures resulting in the victims accepting material compensation in lieu of a lawful trial. The judicial system remains incapable of effectively addressing sexual offences against children in a context where communities often accepted such acts as hazards of life rather than serious crimes. (Paragraph 31)
• Discrimination against women: The legal system continues to discriminate against women. The statutes and practice are embedded in patriarchy and laws are often interpreted in a manner resulting in deprivation of women's rights. The access of women to justice is limited by multiple factors such as the weakness of the judicial system, historical unwillingness to investigate and prosecute cases of domestic violence or property disputes, the absence of a legal aid service and the lack of awareness amongst most women of their rights to freedom from abuse. The Association of Female Lawyers is the only non-governmental organisation (NGO) providing free advice and representation for women and children and is based mainly in Monrovia. (Paragraph 32)
• Concerns about implementation of the Convention on the Rights of the Child: Liberia is a party to the Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child and the Worst Forms of Child Labour Convention, 1999 (No. 182) of ILO. Domestic legal provisions vary greatly in their definition of a child and thus formal recognition of the special needs of children is limited in many areas. The absence of national birth registration records and other forms of identification have significant consequences for national planning and resource allocation, as well as in individual cases, such as the separation of juvenile suspects from adults, and rights to the preservation of identity and recognition before the law. (Paragraph 34)
• Sexual assaults agasint children: As already stated, the high incidence of sexual assault against children in Liberia is of particular concern to agencies and organisations involved in child protection. There is little public condemnation of those crimes. Although a number of cases have occurred in 2005, which attracted some media and NGO attention, they still have not been processed under the provisions of the law. (Paragraph 35)
• Conditions in privately run orphanages: Another major cause for concern in Liberia is the prevalence of illegal, privately run orphanages. Although NTGL by statute issues licences for orphanages, it appeared that there were no established guidelines for such registration or standards for the operations of those institutions. As a result, standards regarding health, hygiene and education are quite appalling in most orphanages. Recently, the Ministry of Health and Social Welfare closed 15 illegal orphanages. Action against illegal orphanages should be complemented by a serious effort by Government to regulate the operations of registered orphanages through establishing benchmarks and standards for the work. (Paragraph 36)
• Juvenile justice: Liberian juvenile justice legislation provides a special structure and procedure, which requires that all juvenile cases at the circuit court level be heard by a specialist juvenile judge. However, there is only one qualified juvenile judge, who sits in Monrovia, and cases involving juveniles in other counties are rarely transferred there. In those areas, juvenile cases are handled by local magistrates who lack jurisdiction and are often unfamiliar with the procedures. Separate detention or rehabilitation facilities are largely unavailable in Liberia, with the result that child detainees are not separated from convicted prisoners and adults. (Paragraph 37)
• Mental health: The treatment of psychological and mental cases often borders on torture and cruel inhuman and degrading treatment. On 27 April 2005, the Human Rights Protection Section of UNMIL, the Ministry of Justice, Cap Anamur German Emergency Doctors and the John F. Kennedy Hospital staff rescued 18 persons, including 2 children, from the "Holy Ghost Mental Home" in Monrovia. The group had been kept in captivity and subjected to cruel, inhuman and degrading treatment by the owner of the home. All 18 persons were subsequently readmitted at E.S. Grant Mental Health Hospital, operated by German emergency doctors. Less than four months later, on 15 August, it was discovered that the "Holy Ghost Mental Home" had reopened and its personnel again subjecting patients to inhuman treatment. This is a clear example of lack of monitoring by authorities. Eventually after persistent complaints to the Ministry of Justice, the owner of the "home" was charged before a circuit court on 22 September 2005. The next day, another 19 patients were rescued from the home. The Government must seek immediate expert assistance to cater for the mental health needs of the citizens. The independent expert was informed that the World Health Organisation has plans to support mental health needs but lacked funds to carry out the programme. (Paragraph 41)
• Education:  Since the independent expert's last report, more schools have been rehabilitated, especially in Monrovia. However the situation is very critical outside of Monrovia. In some locations where schools have been rehabilitated, there are no teachers. The Ministry of Education has however designed a short-term emergency programme to train more teachers. The United Nations Educational, Cultural and Scientific Organisation is helping with the provision of school books and revision of school curriculum to include human rights education from the primary level. A local NGO has also started with the formation of Human Rights Clubs in schools. This indeed is a commendable initiative. The Ministry of Education is also pursuing non-formal education programmes and has already begun distance education programmes. (Paragraph 42).
• Girls' school attendance: School dropout rate particularly for girls is a concern. The incidence of teenage pregnancy is very high and there are many children on the streets instead of being in school. It is imperative for the incoming Government to invest in education to provide the basis for the overall development of the country. Availability of educational facilities will encourage Liberian refugees to return home, especially after the peaceful elections. (Paragraph 43).

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UN Report of the Independent Expert on the situation of human rights in Liberia

(E/CN.4/2005/119)
Charlotte Abaka 

Report published: 6 January 2005

• Educational concerns at the refugee settlement: The Buduburam Refugee Settlement accommodates 41,000 Liberian refugees and has metamorphosed into a city of its own, with a college that provides technical and vocational education and a hospital. The schools, which are also attended by Ghanaians, have been built with assistance by UNHCR, Ghana Education Services and some donor agencies. Due to inadequate facilities or lack of interest, approximately 3,000 refugee children of school age do not attend school. (Paragraph 4)
• Peace processes: The successful implementation of an effective disarmament, demobilisation, rehabilitation and reintegration (DDRR) programme is central to fulfilling the mandate of UNMIL to support the peace process. However, the DDRR programme has been fraught with difficulties. A first campaign launched on 7 December 2003 was quickly aborted because UNMIL was overwhelmed by the sheer number of combatants presenting themselves for disarmament in Camp Schiefflin cantonment site. Facilities at the cantonment site were still under construction and it appeared that a sufficient number of peacekeepers were not yet on the ground to respond to any serious breakdown of law and order. As a result, there was rioting in Monrovia between 7 and 9 December, which left at least 11 people dead, several injured and properties looted or damaged. The situation forced the chairman of the National Transitional Government to declare a curfew in Monrovia for some nights. Some members of the United Nations Country Team (UNCT) and NCDDRR indicated that the decision to commence DDRR at that time had been unilaterally taken by UNMIL, against the advice that conditions had not been achieved for the commencement of the programme. (Paragraph 22)

  Disarmament recommenced on 15 April 2004 in Gbarnga. Subsequently, other camps were opened in Buchanan, Tubmanburg and the Carleysburg/"Voice of America" (VOA) site. By the second week of June, over 45,000 combatants had been disarmed, and the whole country is yet to be covered. The current exercise was preceded by widespread public education campaigns in the print and electronic media. (Parahraph 23)

• Demobilised child-soldiers: Although the programme is finally on track, some severe shortcomings have been experienced in meeting the standards and implementing the guidelines established in the Liberian Disarmament, Demobilization, Rehabilitation and Reintegration Programme Strategy and Implementation Framework and the Joint Operational Plan, an instructional instrument for the resumption of the DDRR process in Liberia issued by Deputy Special Representative of the Secretary-General/Rule of Law designed to guide the DDRR exercise. Observations of the process in the initial four cantonment sites, Gbarnga, Tubmanburg, Buchanan and the Carleysburg/"Voice of America" (VOA) site indicate a lack of clarity over policy on women combatants;difficulties for foreign troops with limited local language skills to ascertain the age of combatants with the result that some children were classified as adults; lack of privacy during medical screening; absence of systematic testing for HIV, sexually transmitted diseases (STDs) and drug use; lack of clarity on policy for disabled combatants, with the result that classifications differed depending on the site; limited time for counselling in the demobilisation camps and provision of group rather than individual counselling for men; poor conditions in the Interim Care Centres; and undue exposure of children to exploitation due to the payment of Transitional Safety-net Allowance (TSA).11The discordant tones and practices suggest a continuously evolving and confusing DDRR policy with decisions that are taken on an ad hoc basis. (Paragraph 24)

  Child protection groups protest that most children have been left out of the disarmament process through the restriction of access for child soldiers, that is, children who turn in arms. As originally conceived, the process should be open to all children associated with armed forces. Moreover, they charge that the last-minute decision taken by UNMIL at the request of the National Transitional Government to make US$ 300 payments to children who agree to enter the formal DDRR process is inappropriate, based on experiences from elsewhere. Such funds should have rather been channeled to supporting long-term community-focused rehabilitation needs of all children, of those who are part of the DDRR process and those who are not. Additionally, the financial incentive for children to disarm could lead to re-recruitment of children within the region and undermines the restoration of family links, which is crucial for the reintegration of demobilised children. It also leaves the children open to intimidation and manipulation by their commanders. (Paragraph 30)

• Children in cantonment camps: The cantonment camps provide separate facilities for men and women. Children are placed in Interim Care Centres. Usually, children are immediately transferred to these care centres, in any case within 72 hours upon arrival at the cantonment (D2) camps. There are, however, serious concerns about the quality of services provided in them. Some children in the centre in Gbarnga were reported to have taken ill after sleeping on the cold floor.
• Some reports have been received of allegations of sexual abuse by peacekeepers, including taking nude photographs of girls in disarmament camps or soliciting sexual favours. There is a need for the United Nations to establish a country-level network on sexual exploitation and abuse, in accordance with the report of the Secretary-General on special measures for protection from sexual exploitation and abuse (A/58/777), and the subsequent Secretary-General's bulletin (ST/SGB/2003/13). (Paragraph 31)
• Civil Society: In early June 2004, 80 civil society groups, under the banner of "Combating Impunity Including Economic Corruption", presented a petition to the National Transitional Assembly, calling for a resolution to compel the National Transitional Government to request the extradition of former President Taylor to Sierra Leone to face charges on war crimes. Parliament is currently considering the request. Before that, on 31 May, two civil society groups, the National Concerned Citizens of Liberia and the Women and Children Development Association, presented a petition to the Assembly, requesting the establishment of a criminal tribunal with jurisdiction over war crimes and serious violations of humanitarian law since 1979. These developments complement reports of action by civil society groups in Nigeria to deny impunity to Charles Taylor. The various campaigns within Liberia to secure the trial of Charles Taylor are an indication of greater public participation and freedom of expression, which should be encouraged. The international community must do all within its power to ensure that justice is done to the people of Liberia. (Paragraph 43)
• Armed conflict and the educational sector: The armed conflict in Liberia has had a devastating effect on the education sector. War-related looting and widespread destruction of infrastructure and displacement of large sections of the population have had a severe effect on virtually all components of the education sector. Most schools closed down as a result of the war. Over 70 per cent of a whole generation lost the opportunity of normal school education and Liberia acquired the unenviable status of being the only country in the world where parents are better educated than their children. The major challenges in the field of education are to rehabilitate at least 25 per cent of the primary and secondary schools, to improve access to quality and basic education and to develop a comprehensive education programme that will effectively redress the lopsidedness in favour of illiteracy or poor education. This would require the decentralisation of functions and capacity-building of critical institutions. Priority attention should also be given to the training of teachers in order to effectively implement the educational programme that will be put in place.

  The post-war official opening of schools started with the formal launch in November 2003 of the UNICEF "Back to School" programme. The programme, implemented in collaboration with the Ministry of Education, aims to return an estimated 1 million children to school by the end of 2004. As part of this programme, UNICEF provides school kits, books, and pencils as well as water and sanitation support to schools. As of 30 April 2004, educational supplies had been provided for about 582,000 children in eight accessible counties. Regrettably however, according to information from the Ministry of Education, the books were sold on the streets. Measures have been put in place to successfully stop this practice. Outside Monrovia, traditional leaders are monitoring the situation and ensuring that the books meant for free distribution are not sold. It is of great concern to the Ministry that many school-age children remain out of school. To counter this development, the Ministry is implementing a vigorous awareness programme, using as an incentive the "school food project" of WFP to encourage parents to send their children to school. Teachers are also being included in the WFP to encourage them to remain in schools and to continue teaching. Through this project, food is provided to both schoolchildren and their teachers. (Paragraph 45)

  At present, the Ministry of Education is focusing on technical/vocational education and training for ex-combatants. To effectively implement any programme, financial and human resources are required. In the view of the Ministry, the involvement of UNMIL and NGOs in the education sector is commendable and should be encouraged but there is a great need to collaborate and consult in order to avoid duplication and ensure commonality in achieving the strategic goal of improving the education sector. The Ministry pointed out that it had submitted a list to UNMIL of schools that could be renovated under the "Quick impact project" to assist the immediate resuscitation of the education sector. The proposals from the Ministry took into consideration geographical balance but according to the Ministry were regrettably discarded in favour of schools located in and around Monrovia. (Paragraph 47)

  There is an urgent need for increased sensitisation nationwide on the DDRR, and the NCDDRR should lead this process. Well-planned civic education programmes should be designed and implemented on rights and responsibilities of citizens and the need for zero tolerance on violence and corruption. In collaboration with UNHCR, the NCDDRR should consider a strategy to inform and educate Liberian refugees on the actual conditions in Liberia. This should begin soon and certainly before the estimated commencement of repatriation in October 2004. (Paragraph 71)

• Health: Information from a health situation analysis jointly commissioned by the Government of Liberia and the World Health Organisation (WHO) and conducted in 2002 indicates an infant mortality rate of 117 per 1,000 live births in 2000. Under-five mortality is estimated at 194 per 1,000 live births, above the sub-Saharan African regional average of 175, ranking Liberia 43rd out of 46 countries. The situation certainly must have worsened after the war but there are no available statistics to indicate the extent of this deterioration. Maternal mortality rate was of 578 for 100,000 live births and again was, even in 2000, very high, ranking Liberia among the "very high" maternal mortality risk countries in the world. In 2000, iron deficiency anaemia affected 86.7 per cent of children aged 6 to 35 months, 58 per cent of non-pregnant women aged between 14 and 49, and 62.2 per cent of pregnant women in that age group. Vitamin A deficiency affected 52.9 per cent of children aged 6 to 35 months and 12 per cent of pregnant women. In contrast to the practice of most nursing mothers in the subregion, exclusive breastfeeding is not widespread and information received indicates that only 50 per cent of children were exclusively breastfed up to two months of age. Also in 2000, 32 per cent of the population had access to safe drinking water and 36 per cent access to sanitation. (Paragraph 50)
• HIV and AIDS concerns: Since the detection of the first case of HIV in Liberia in 1986, the prevalence of the virus causing AIDS has increased at a fast rate, with women and girls at the greatest risk. The spread of the virus has been fuelled by the armed conflict and its consequences such as rape, increased prostitution and poverty. The prevalence in 2000 was of 8.2 per cent and according to information from the Ministry of Health, the estimated current prevalence rate is 11 per cent. HIV/AIDS victims are stigmatised and discriminated and therefore do not reveal their status. The National AIDS Commission, established in 2000, lacks the visibility and effectiveness that is needed to deal with the AIDS pandemic, especially at this time and particularly in the rural areas. It is encouraging that the Global Fund for HIV/AIDS, Tuberculosis and Malaria recently made a grant of US$ 24.3 million to Liberia to fight AIDS, malaria and tuberculosis. US$ 7.65 million of this amount is devoted to prevention and control of HIV/AIDS in the next two years and will greatly strengthen and improve the national response to the pandemic. (Paragraph 51)
• War-related childrens human rights' violations: The Liberian conflict was marked by violations of human rights and international humanitarian law, including deliberate targeting of civilians, torture and unlawful killings. Informed estimates indicate that approximately 250,000 persons lost their lives in the conflict. Of those, half were civilian non-combatants. The opening up of parts of the country hitherto under the control of the fighting forces has created an improved climate for the documentation and identification of mass graves and killing sites as well as for interviews with witnesses and survivors. The human rights and protection component of UNMIL has been collecting and storing information on related sites since October 2003. A disturbing trend is the increased number of cases of ritual murders, mostly of children. This situation is exacerbated by the inability of the police to investigate and bring perpetrators to justice because of lack of resources. (Paragraph 40)

  A major challenge of the peace process is to respond adequately to the needs of the large number of children under the age of 18 years who have had to bear the brunt of war-related violence, destruction and massive human rights abuses and violations. A large number of children were abducted and forcibly recruited into the war effort, and as a result suffered several kinds of atrocities including loss of their childhood. There are no confirmed figures on the number of child soldiers or children associated with the fighting forces, but information from various sources indicate that 1 out of 10 children in Liberia may have been recruited at one time or another. Most of the fighting forces and war casualties were children. The current estimated number of child soldiers in Liberia is 21,000. Available information indicates that many left their commanders and units after the Accra Peace Agreement and deployment of UNMIL, and an unknown number are either injured or destitute in various parts of the country. I encountered several injured ex-combatants, mostly children, during my visits to the hinterland in areas hitherto under rebel control. This is consistent with the findings of a United Nations assessment mission, carried out in late 2003 after the establishment of UNMIL. The high number of children involved in the conflict is not surprising because child soldiers were perceived as cheap and expendable. Due to the nature of children, they were also easily conditioned to undertake the most dangerous assignments and to commit atrocities with unquestioning obedience. (Paragraph 52)

  All parties in the conflict abducted and forced children of both sexes to perform various war-related chores, including hazardous reconnaissance and work as porters. Depending on their ages, girls were used for sexual pleasure, and domestic work as cooks, cleaners or porters. Reports also indicate a widespread and forced use of drugs by child soldiers and children associated with the fighting forces. Children were abducted from schools, playgrounds, farms, and IDP and refugee camps. (Paragraph 53)

  The international community must assist the people of Liberia in bringing an end to impunity. Institutions put in place to address war-related human rights abuses and violations should be assisted and strengthened. The judicial system should be rehabilitated and resources provided to law enforcement agencies to respond to the enormous challenges to the rule of law in Liberia. In this regard, the process of restructuring and reorganising the Liberia National Police should be hastened and take into account the criteria established in the CPA to avoid any mistrust. (Paragraph 72)

• National Plan of Action for Children: On 25 May, the Committee on the Rights of the Child considered the initial report of Liberia (CRC/C/28/Add.21). In its concluding observations (CRC/C/15/Add.236), the Committee, inter alia, welcomed the framework for a National Plan of Action for Children, the establishment of a Ministry of Gender and Development with a portfolio for children affairs, the establishment of the National Child Rights Observatory Group and the Children's Parliament. The Committee recommended to the State party that it undertake a comprehensive review of legislation to ensure that its domestic legislation complies with the Convention on the Rights of the Child; implement the National Plan of Action; make the Children's Unit in the Ministry of Gender and Development fully operational; provide adequate resources to INCHR to enable it to monitor and evaluate progress in the implementation of the Convention; prioritise budgetary allocations to ensure the implementation of economic, social and cultural rights of children; develop a system of data collection and indicators consistent with the Convention to facilitate formulation of policies and programmes; disseminate the Convention; amend the penal law to abolish the imposition of death penalty on children; and adopt a proactive and comprehensive strategy to eliminate discrimination. It also made recommendations regarding respect for the views of the child, family environment and alternative care, basic health and welfare, early marriages, harmful traditional practices, HIV/AIDS, educational, leisure and cultural activities, child soldiers, refugee and IDP children, sexual exploitation of children, substance abuse and juvenile justice. It is imperative for the international community to support the National Transitional Government in ensuring appropriate follow-up and implementation of the recommendations of the Committee. (Paragraph 55)
• Gender-related violations of human rights: The armed conflict in Liberia has had severe adverse effects on the rights of women. During the conflict, they were subjected to rape, violence and other forms of sexual and gender-based violence. Preliminary information from an ongoing survey on war-related sexual and gender-based violence indicates that 69 per cent of the women who responded had been victims of various forms of abuses. As security improves and the situation gradually normalises, women are still at greater risk of suffering human rights abuses and violations. In post-conflict Liberia this translates in the form of increased sexual exploitation, transactional sex, rape and domestic violence. Several studies by NGOs demonstrate an alarming increase in transactional sex, especially among adolescents. These studies implicate males working for NGOs, businesses, Government and international organisations in the exploitation of minors. There are also various harmful traditional and cultural practices that violate women's rights and impede the enjoyment of equal opportunities with men in education, health, in employment and in the family. Some of these practices are female genital mutilation, forced marriage, early marriage and dowry, teenage pregnancy and domestic violence. (Paragraph 56)
• Concerns regarding the definition of rape: The increasing incident of rape, in some cases involving older men and girls as young as nine and the use of foreign objects, underlines the urgent need to review applicable law and bring it in line with contemporary international practice. The definition of rape under Liberian law is limited to forced penetration with a penis. Such a revision should also require that victims of rape and their families be compelled to report such cases. This will respond to the rampant settlement, out of court, of several rape cases. (Paragraph 57)

  Convention on the elimination of all forms of discrimination- As a party to the Convention on the Elimination of All Forms of Discrimination against Women and with a full-fledged Ministry for Gender Development, Liberia has a solid basis to address women's issues. However, Government officials and institutions require training to understand and implement the provisions of the Convention. The Government should also be encouraged to ratify the amendment of Article 20.1 and the Optional Protocol to CEDAW. Some progress has been made through the adoption, in October 2003, of the Act to Govern the Devolution of Estates and Establish Rights of Inheritance for Spouses of both Statutory and Customary Marriages. This Act broadens applicable law to benefit and streamline inheritance rights of spouses under common and customary law. (Paragraph 58)

• Gender equality: Effective and adequate female representation at all levels is crucial to upholding gender equality and some progress has been made in this regard. The seven-member INCHR has four women. The National Elections Commission and the Governance Reform Commission are both headed by women. Some NGOs, especially the Norwegian Refugee Council and Save the Children-UK, have put in place admirable 50/50 policies that have ensured equal opportunities for local men and women. On its part, UNMIL in 2003 created a post of gender adviser with staffing. (Paragraph 59)
• Concerns regarding trafficking and illegal adoption processes: The devastating situation in Liberia, with the collapse of the family and social bonds, breakdown of law and order, displacement and extreme poverty, creates opportunities for vices such as trafficking in women, boys and girls. In such situations where there are orphans, where mothers are too poor to provide for their children and are also often widows, children are taken away under the pretext of adoption or receiving a better life and/or opportunities for them, and find themselves forced into prostitution or slavery. During the mission, a national newspaper reported of a case under investigation and of another before a court in Monrovia. Reports were also received of allegations of abuse in the adoption process and of a foreigner soliciting children from the hinterland for homes in Monrovia, a possible conduit for trafficking of children for illegal adoption purposes. These are warning signs and have to be taken seriously. Fortunately, OHCHR has issued guidelines on human rights and trafficking in persons that really offer wide-ranging multidisciplinary recommendations for all relevant actors in the field. (Paragraph 60)
• Establishment of trafficking in persons unit: UNMIL has established a trafficking in persons unit within CIVPOL. Recently, the unit raided a nightclub/brothel in Monrovia and rescued three Moroccan girls and an Egyptian boy who had allegedly been brought to Liberia under false pretexts and kept against their will. The owner of the nightclub/brothel is currently being prosecuted. The manner in which these arrests were made including the non-involvement of local authorities should be avoided, and attention needs to be paid to the trafficking of Liberians. While this attempt by UNMIL to address trafficking is necessary, it is important in the future to involve the LNP and to coordinate the activities of the newly created unit with other partners. (Paragraph 61)
• More integrated human rights approach: The Human Rights and Protection Component of UNMIL must be provided adequate resources to implement its very important mandate covering capacity-building, monitoring, technical cooperation and advocacy. Consideration should also be given to an organisational restructuring which should permit the human rights component to operate more directly under the humanitarian and recovery arm. This will permit a more integrated human rights approach to the restoration of Liberia. (Paragraph 75)

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