LIBERIA: Persistent violations of children's rights

Summary: The violations highlighted are those issues raised with the State by more than one international human rights mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

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Discrimination against women and girls
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

The Committee regrets that insufficient measures have been taken by the State party to implement its previous recommendations to eliminate all forms of discrimination, in particular against children in vulnerable situations (CRC/C/15/Add.236, para. 24, 2004). It is particularly concerned at the extent of gender-based discrimination in the State party, in particular against girls living in and coming from rural areas, who experience persistent discrimination in relation to access to education and social services, and their right to property and security. Statutory and customary laws which discriminate against women remain in force, in particular the Revised Rules and Regulations Governing the Hinterland of Liberia. The Committee is also concerned about harassment and stigmatisation of children with disabilities in the State party.

The Committee recommends that the State party take more active measures to end all forms of discrimination against children, with special attention to discrimination against girls, children belonging to ethnic groups in rural areas, and children with disabilities. In particular, it urges the State party to:

(a) Ensure that all discriminatory laws, including customary laws are amended or repealed and brought into full compliance with the Convention including the Revised Rules and Regulations Governing the Hinterland of Liberia;
(b) Formulate a comprehensive strategy, including a clear definition of targets and the establishment of a monitoring mechanism to modify and eliminate negative attitudes and practices, and change deep-rooted stereotypes that discriminate against children in situations of vulnerability, in particular, girls, children living in and coming from rural areas, and children with disabilities;
(c) Sensitise professionals working with and for children and the public in general on the prohibition of gender discrimination as provided in the Constitution and Children’s Law, and undertake educational programmes, including campaigns that promote equality;
(d) Cooperate with the widest range of stakeholders, including children, women’s organisations, community and traditional leaders, and all sectors of society to promote social and cultural change and create an enabling environment that promotes equality among children; and
(e) Monitor such efforts and regularly assess progress made towards achieving the established goals, and include an assessment of the results achieved in its next report. (Paragraphs 33 and 34)

UN Committee on the Elimination of Discrimination against Women
Last reported: 31 July 2009

The Committee is deeply concerned at the persistence of harmful traditional practices, patriarchal attitudes and deep-rooted stereotypes regarding the roles, responsibilities and identities of women and men in all spheres of life. The Committee expresses concern that such norms, customs and practices justify and perpetuate discrimination against women, violence against women and the persistence of harmful traditional practices, including early and forced marriage and trial by ordeal. It regrets that no sustained and systematic action has been taken by the State party to modify or eliminate such harmful traditional practices, patriarchal attitudes and stereotypes.

The Committee urges the State party to:

(a) View culture as a dynamic dimension of the country's life and social fabric, subject to many influences over time and therefore to change.

(b) Put in place, without delay, a comprehensive strategy, including clear goals and timetables, to modify or eliminate negative cultural practices and stereotypes which are harmful to, and discriminate against, women and to promote women's full enjoyment of their human rights in conformity with articles 2 (f) and 5 (a) of the Convention. This strategy should include legislation and specially designed educational and awareness-raising programmes targeting women and men at all levels of society, including Government officials, chiefs and other traditional and community leaders, and zoes (headwomen of the Sande society). It should be aimed at creating an enabling environment for the transformation and change of stereotypes and discriminatory cultural values, attitudes and practices.

(c) Put in place monitoring mechanisms to regularly assess progress made towards the achievement of established goals. (Paragraphs 18 and 19)

The Committee notes with concern that certain provisions of the 1973 Revised Alien and Nationality Law discriminate against Liberian women. In particular, it is concerned that under this law, a child born abroad to a Liberian mother and a non-Liberian father is not automatically granted its mother's nationality.

The Committee urges the State party to:

(a) Remove all discriminatory laws relating to nationality, in accordance with article 9 of the Convention during the ongoing legal reform process. (Paragraphs 30 and 31)
Education: The Committee notes that education is key to the advancement of women and that the low level of education of girls and women remains among the most serious impediments to their full enjoyment of human rights and the achievement of women's empowerment. While recognising ongoing efforts aimed at increasing enrolment and retention of girls in schools, as well as progress made in reducing the gender gap in primary school enrolment, the Committee is concerned at the persistence of structural and other barriers to quality education which constitute particular obstacles to the education of girls and young women. These barriers include lack of physical infrastructure, the persistence of gender-based stereotypes in text-books and school curricula that reinforce discriminatory attitudes against women in society, and lack of trained and qualified teachers. The Committee is also concerned about the persistence of sexual abuse and harassment of girls in schools, the negative impact of harmful traditional practices, such as early and forced marriage, on girls' education, and barriers to pregnant girls' access to schools.

The Committee recommends that the State party:

(a) Take steps to improve the educational infrastructure, especially in rural areas, and to raise awareness of the importance of education as a human right and a basis for the empowerment of women.

(b) Implement measures to ensure equal access for girls and women to all levels of education and retention of girls in school, including through temporary special measures in accordance with article 4, paragraph 1, of the Convention and the Committee's general recommendation No. 25.

(c) Ensure that sexual abuse and harassment in schools are addressed and punished appropriately, and to remove all barriers to school attendance for pregnant girls and young mothers.

(d) Take steps to overcome traditional attitudes that constitute obstacles to girls' and women's education, and to develop non-stereotyped educational curricula that address structural causes of discrimination against women.

(e) Make strong efforts to improve the literacy level of girls and women through the adoption of comprehensive programmes at the formal and non-formal levels, and through adult education and training. (Paragraph 32 and 33)

While welcoming the National Rural Women's Program currently under way and the attention given to gender equality in the recent Poverty Reduction Strategy, the Committee is concerned about the precarious situation of women in rural areas. These women constitute the majority of women in Liberia and are disproportionately affected by a lack of adequate health services, education, economic opportunities, social benefits and access to adequate living conditions, in particular basic sanitation and water infrastructure. As previously noted, the Committee is deeply concerned about rural women's access to justice and the enforcement of their rights under the Convention, in view of discriminatory customary laws contained in the Revised Rules and Regulations Governing the Hinterland of Liberia which govern rural women. It expresses its particular concern about the prevalence of harmful traditional practices and the persistence of customs and traditions in rural areas that violate the human rights of women and girls and adversely affect their equality and advancement.

The Committee urges the State party to:

(a) Take appropriate measures to eliminate all forms of discrimination against rural women and eradicate harmful traditional practices and those customs and traditions which justify and perpetuate them.

(b) Pay special attention to the needs of rural women and ensure that they participate in decision-making processes, including community decision-making processes and development planning, and have equal access to basic services and infrastructure, and economic opportunities, including income-generating projects and credit facilities, on an equal and equitable basis with men and also with their urban counterparts.

(c) Ensure that all discriminatory customary law is repealed or amended and brought into full compliance with the Convention and the Committee's general recommendations.

(d) Remove all impediments rural women may face in gaining access to justice.

(e) Take special measures to enhance rural women's knowledge and awareness of their rights, including their right to seek legal redress in statutory courts. (Paragraphs 38 and 39)

The Committee expresses concern at the persistence of discriminatory provisions in customary law and the prevalence of harmful traditional practices in contravention of articles 15 and 16 of the Convention. It welcomes steps taken to harmonise statutory and customary law in the area of women's right to property with the passage of the 2003 Inheritance Law but is concerned that women's property rights remain restricted. The Committee is also concerned that women are not allowed to appear before traditional courts without their husbands, that early and forced marriages remain prevalent, and that women do not enjoy equal rights with men in customary marriage. The Committee is also concerned at the lack of information on widows and divorce.

The Committee urges the State party to:

(a) Eliminate all discriminatory provisions in customary law and statutory law, so that women can enjoy the same legal rights in marriage as men.

(b) Ensure that traditional courts' procedures comply with human rights norms and standards with a view to guaranteeing women's equal access to the courts.

(c) Include information on widows and divorce in their next report. (Paragraphs 40 and 41)

Independent expert on technical cooperation and advisory services in Liberia
Report published: 28 February 2007

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

Independent Expert on the situation of human rights in Liberia
Country visit: 20 to 29 September 2007
Report published: 14 February 2008

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).

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.

Report published: 6 February 2006

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)

Report published: 6 January 2005

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)
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Female genital mutilation
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

While welcoming the efforts made by the State party, in cooperation with civil society and traditional leaders, to combat harmful practices; the Committee is seriously concerned that:

(a) There is no explicit criminalisation of female genital mutilation (FGM) in the State party and that the practice is widely carried out in many communities especially in rural areas;
(c) Forced recruitment of girl and boy children, respectively, into the “Sande” and “Poro” secret societies continues and so-called “Bush Schools” exist, where, amongothers, children are subjected to economic exploitation and initiation rites including female and male circumcisions, which among others have serious impact on children school attendance.

The Committee urges the State party to:

(a) Criminalise FGM and develop a comprehensive strategy with clear goals and targets to eradicate this practice while addressing special measures towards communities that continue to practise it, including in the counties of Bomi, Bong, Grand Cape Mount, Lofa, Gbarpolu and Montserrado;
(c) Strengthen efforts to raise awareness of both women and men, government officials, extended families, chiefs and other traditional, religious and community leaders and zoes (headwomen of the Sande society) on the harmful impact of FGM, early and forced marriages on the psychological and physical health and welfare of the girl child, and on the need to prevent them, while promoting positive cultural practices in childhood;
(d) Accelerate efforts and programmes to sensitise and assist practitioners of FGM to find alternative sources of income and livelihood to encourage them to abandon the practice;
(e) Take immediate measures for the Ministry of Internal Affairs to stop issuing licenses and permits to all practitioners of FGM and other harmful practices affecting the wellbeing of children;
(f) Take all necessary measures to prohibit the recruitment of children into the so-called “Bush Schools” of “Sande” and “Poro” secret societies and provide adequate protection to children who might be vulnerable to such recruitment including in the counties of Bomi, Bong, Grand Cape Mount, Lofa, Gbarpolu and Montserrado;
(h) Put in place monitoring mechanisms to regularly assess progress towards the elimination of harmful practices affecting children’s rights and include such information in the next report; and
(i) Continue and strengthen cooperation in this regard with, among others, civil society and UNICEF. (Paragraphs 51 and 52)

UN Committee on the Elimination of Discrimination against Women
Last reported; 31 July 2009

The Committee is also extremely concerned about the persistence of female genital mutilation, which is a grave violation of girls' and women's human rights to bodily integrity and health and the State party's obligations under the Convention, and regrets that there is no law prohibiting this practice. The Committee is also concerned that the operations of the Ministry of Internal Affairs in issuing permits to the practitioners represent an explicit form of support for the practice and thereby undermine any efforts to eliminate it.

The Committee urges the State party to:

(a) Enact without delay and as a matter of priority legislation prohibiting female genital mutilation and to ensure that offenders are prosecuted and punished in accordance with the severity of this violation.

(b) Immediately stop issuing permits to practitioners, as is currently being done by the Ministry of Internal Affairs.

(c) Extend and accelerate implementation of programmes designed to sensitise and provide alternative sources of income for those who perform female genital mutilation as a means of livelihood.

(d) Strengthen its awareness- raising and educational efforts, targeted at both women and men, including Government officials at all levels, chiefs and other traditional and community leaders, and zoes, to eliminate the practice of female genital mutilation and its underlying cultural justifications. (Paragraphs 20 and 21)

Independent expert on technical cooperation and advisory services in Liberia
Report published: 28 February 2007

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. (Summary)

Universal Periodic Review (November 2010)

A - 77.33. Address the high level of female genital mutilation and early marriage through more concerted efforts, involving local levels (Norway); (accepted)
A - 77.34. Increase public awareness campaigns against female genital mutilation (FGM) (United States of America); (accepted)
N/C - 78.21. Criminalise female genital mutilation (Canada); (no clear position)
N/C - 78.22. Specifically prohibit the practice of female genital mutilation (Portugal); (no clear position)
N/C - 78.23. Specifically prohibit the practice of female genital mutilation as a matter of urgency (Sweden); (no clear position)
N/C - 78.24. Adopt legislative provisions in order to prohibit, sanction and effectively prevent the practice of female genital mutilation (Argentina); (no clear position)
N/C - 78.25. Adopt a law to prohibit female genital mutilation (Senegal); (no clear position)
N/C - 78.26. Legally prohibit female genital mutilation, in accordance with international standards and in line with the recommendations contained in paragraph 21 of the 2009 CEDAW report (Italy); (no clear position)
N/C - 78.27. Bring its legislation into conformity with its international human rights obligations by criminalising the practice of female genital mutilation (United States of America); (no clear position)
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Forced and early marriage
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

While noting as positive that the legal age of marriage has been set on 18 years for both boys and girls in the Children’s Law, the Committee is concerned that Section 2.9 of the Inheritance and Customary Marriages Act 2003 provides for customary marriage of girls from the age of 16 and that the Revised Rules and Regulations Governing the Hinterland permit marriage of girls at 15 years old. Furthermore, it is deeply concerned that early and forced marriages continue to be widely practised throughout the State party, in particular in rural areas.

The Committee urges the State party to harmonize the legal provisions related to the age of marriage in both customary and codified laws with the Children’s Law, and to repeal Section 2.9 of the Inheritance and Customary Marriage Act. It also urges the State party to take active and concrete measures to enforce the legal prohibition of early and forced marriage and strengthen the activities to raise awareness about the negative consequences of early and forced marriages on children and society. (Paragraphs 31 and 32)

While welcoming the efforts made by the State party, in cooperation with civil society and traditional leaders, to combat harmful practices; the Committee is seriously concerned that:

(b) There is a persistence of harmful practices such as trials by ordeal, and early and forced marriages of girls, including polygamous marriages which, according to the State party report, reduce resources that a father devotes to a child;

The Committee urges the State party to:

(b) Rigorously enforce existing legislation prohibiting harmful practices including early and forced marriages and trials by ordeal; and ensure that perpetrators are brought to justice;
(c) Strengthen efforts to raise awareness of both women and men, government officials, extended families, chiefs and other traditional, religious and community leaders and zoes (headwomen of the Sande society) on the harmful impact of FGM, early and forced marriages on the psychological and physical health and welfare of the girl child, and on the need to prevent them, while promoting positive cultural practices in childhood; (Paragraphs 51 and 52)

UN Committee on the Elimination of Discrimination against Women
Last reported: 31 July 2009

The Committee is deeply concerned at the persistence of harmful traditional practices, patriarchal attitudes and deep-rooted stereotypes regarding the roles, responsibilities and identities of women and men in all spheres of life. The Committee expresses concern that such norms, customs and practices justify and perpetuate discrimination against women, violence against women and the persistence of harmful traditional practices, including early and forced marriage and trial by ordeal. It regrets that no sustained and systematic action has been taken by the State party to modify or eliminate such harmful traditional practices, patriarchal attitudes and stereotypes. (Paragraph 18)

The Committee is also concerned about the persistence of sexual abuse and harassment of girls in schools, the negative impact of harmful traditional practices, such as early and forced marriage, on girls' education, and barriers to pregnant girls' access to schools. (Paragraph 32)

The Committee is also concerned that women are not allowed to appear before traditional courts without their husbands, that early and forced marriages remain prevalent, and that women do not enjoy equal rights with men in customary marriage. The Committee is also concerned at the lack of information on widows and divorce.

The Committee urges the State party to:

(a) Eliminate all discriminatory provisions in customary law and statutory law, so that women can enjoy the same legal rights in marriage as men. (Paragraphs 40 and 41)

Independent Expert on the situation of human rights in Liberia
Country visit: 20 to 29 September 2007
Report published: 14 February 2008

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).

Report published: 6 January 2005

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)

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)

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)

Universal Periodic Review (November 2010)

A - 77.33. Address the high level of female genital mutilation and early marriage through more concerted efforts, involving local levels (Norway); (accepted)
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Violence against children, including gender-based violence and domestic violence
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

While noting that the Children’s Law contains various provisions on violence against children and that the State party has carried out trainings for Police officers dealing with domestic violence, the Committee remains concerned about the widespread violence against children. It reiterates its concern (CRC/C/15/Add.236, para. 42, 2004) at the lack of sufficient measures, mechanisms and resources to prevent and combat domestic violence, abuse of children at school and neglect of children. It regrets the limited access to services for abused children, and the high level of impunity enjoyed by perpetrators of violence against children, against whom mostly social measures rather than prosecutions are applied.

The Committee urges the State party to:

(a) Undertake continuous public educational programmes, including campaigns, on the negative impact of violence on the enjoyment of children’s rights;
(b) Strengthen the Women and Children Protection Section in the Police Service, by providing adequate human, technical and financial resources to fulfil its role effectively at all county levels, and strengthen child rights training for law enforcement personnel, in order to ensure that they can provide adequate support to child victims;
(c) Take all necessary measures to ensure that child victims of violence receive psychosocial and recovery services; that they are aware of the reporting procedures, and are encouraged to report cases of domestic violence, in particular child sexual abuse, to the authorities; and
(d) Ensure that criminal legal proceedings are systematically engaged against perpetrators of violence against children to eliminate impunity. (Paragraphs 47 and 48)

UN Committee on the Elimination of Discrimination against Women
Last reported: 31 July 2009

The Committee notes with grave concern the extent, intensity and prevalence of violence against women in Liberia, especially sexual violence, both during and after the conflict. It also notes that, during the conflict, women and girls were particularly vulnerable to and affected by sexual violence. The Committee welcomes the important progress made by the State party in developing policies and establishing institutional mechanisms to address the pervasive violence against women in the country, but it remains concerned about the lack of a comprehensive legal framework to prevent and eliminate all forms of violence against women, and the lack of adequate services and protection for victims of violence.

The Committee urges the State party to:

(a) Prioritise the adoption and implementation of a comprehensive legal framework to address all forms of violence against women, including domestic violence, and to accelerate implementation of existing measures.

(b) Make full use of the Committee's general recommendation No. 19

(c) Undertake educational and public awareness programmes through the media to convey the message that all forms of violence against women, including domestic violence, are unacceptable. (Paragraphs 22 and 23)

The Committee is also concerned that measures designed to combat and eradicate violence against women are not enforced in practice, lack coordination and remain concentrated in urban areas. It is also concerned that the police, judiciary and health-care providers lack the capacity to respond adequately to violence against women and girls in spite of efforts to train and sensitise them. It also notes that there is an excessive backlog of cases in the courts, resulting in a lack of access to justice for victims and a prevalence of impunity for perpetrators.

The Committee calls upon the State party to:

(a) Continue efforts to train the judiciary, law enforcement officials, legal professionals, social workers and health-care providers on violence against women so as to ensure that the perpetrators of violence against women are effectively prosecuted and punished with the required seriousness and speed, and that effective and gender-sensitive support is provided to victims.

(b) Remove impediments women face in gaining access to justice at all levels, in all areas of the country.

(c) Establish support measures for victims of violence, including shelters and legal, medical and psychological support, in particular for those women and girls affected by violence during the conflict, and to continue efforts for their rehabilitation and reintegration.

(d) Provide information in its next report on the laws, policies and programmes in place to deal with all forms of violence against women and on the results achieved in the implementation of such measures, as well as data on trends in the prevalence of various forms of such violence. (Paragraphs 24 and 25)

Independent Expert on technical cooperation and advisory services in Liberia
Report published: 28 February 2007

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)

Independent Expert on the situation of human rights in Liberia
report published: 6 February 2006

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)

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)

Report published: 6 January 2005

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)

Universal Periodic Review (November 2010)

A - 77.5. Continue to prioritise and implement policies and legislation to address violence against women and the protection of the human rights of children (South Africa); (accepted)

A - 77.32. Take all necessary measures to ensure the full enjoyment of human rights by women and girls, including by way of properly and promptly investigating and prosecuting cases of gender-based and sexual violence (Sweden); (accepted)

A - 77.50. Encourage Liberia to strengthen its judicial system, especially in view of promoting accountability, in order to bring to justice those committing violence against women and children (Thailand); (accepted)

A - 77.58. Encourage stronger promotion of the rights of women and children by meeting their immediate post-conflict needs. These include, for example, the elimination of gender inequalities, the promotion of equal educational opportunities as well as equal opportunities for socio-economic and political participation, and the elimination of violence against women and children (Thailand); (accepted)
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Sexual violence against, and abuse of, children, particularly girls
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

The Committee welcomes the adoption of the Act to amend the Penal Code in 2006, called the Rape Law and commends the State party for establishing the Criminal Court, “Court E”, to handle cases of gender based violence, along with the specialised prosecution unit, in 2008. However, it remains gravely concerned that:

(a) Child rape and sexual offences are among the most commonly reported crimes in the State party, children are the majority of victims of sexual violence and the number of incidents of rape of girls under 12 years old has increased;
(b) A high number of cases are settled out of the court due to the pressure of the families of alleged perpetrators;
(c) Corrupt practices of judicial officials are an obstacle for victims seeking justice; and,
(d) The lack of sufficient investigative and forensic capacity remains a challenge.

The Committee urges the State party to:

(a) Take effective measures to enforce domestic laws that protect children from sexual abuse and exploitation, and to provide intensive training to police personnel, judiciary and professionals working with and for children on the related laws;
(b) Investigate effectively all cases of child sexual abuse and exploitation, including rape, in order to afford better protection for child victims, and ensure that perpetrators are brought to justice and punished;
(c) Take active measures to discourage interference in the judicial process and prosecute and punish corrupt officials who obstruct justice in cases of sexual exploitation and abuse of children;
(d) Provide the Criminal Court and its Prosecution Unit with adequate support, including human, technical and financial resources to fulfil its role, and consider establishing branch offices at all county levels; and
(e) Establish an effective system of reporting with a child-sensitive inquiry and judicial procedure that protects confidentiality, and develop programmes and policies for the prevention, recovery and reintegration of child victims in accordance with the outcome documents adopted at the 1996, 2001 and 2008 World Congress against Sexual Exploitation of Children held in Stockholm, Yokohama and Rio de Janeiro. (Paragraphs 49 and 50)

UN Committee on the Elimination of Discrimination against Women
Last reported: 31 July 2009

The Committee notes with grave concern the extent, intensity and prevalence of violence against women in Liberia, especially sexual violence, both during and after the conflict. It also notes that, during the conflict, women and girls were particularly vulnerable to and affected by sexual violence. The Committee welcomes the important progress made by the State party in developing policies and establishing institutional mechanisms to address the pervasive violence against women in the country, but it remains concerned about the lack of a comprehensive legal framework to prevent and eliminate all forms of violence against women, and the lack of adequate services and protection for victims of violence.

The Committee urges the State party to:

(a) Prioritise the adoption and implementation of a comprehensive legal framework to address all forms of violence against women, including domestic violence, and to accelerate implementation of existing measures.

(b) Make full use of the Committee's general recommendation No. 19

(c) Undertake educational and public awareness programmes through the media to convey the message that all forms of violence against women, including domestic violence, are unacceptable. (Paragraphs 22 and 23)

The Committee is also concerned that measures designed to combat and eradicate violence against women are not enforced in practice, lack coordination and remain concentrated in urban areas. It is also concerned that the police, judiciary and health-care providers lack the capacity to respond adequately to violence against women and girls in spite of efforts to train and sensitise them. It also notes that there is an excessive backlog of cases in the courts, resulting in a lack of access to justice for victims and a prevalence of impunity for perpetrators.

The Committee calls upon the State party to:

(a) Continue efforts to train the judiciary, law enforcement officials, legal professionals, social workers and health-care providers on violence against women so as to ensure that the perpetrators of violence against women are effectively prosecuted and punished with the required seriousness and speed, and that effective and gender-sensitive support is provided to victims.

(b) Remove impediments women face in gaining access to justice at all levels, in all areas of the country.

(c) Establish support measures for victims of violence, including shelters and legal, medical and psychological support, in particular for those women and girls affected by violence during the conflict, and to continue efforts for their rehabilitation and reintegration.

(d) Provide information in its next report on the laws, policies and programmes in place to deal with all forms of violence against women and on the results achieved in the implementation of such measures, as well as data on trends in the prevalence of various forms of such violence. (Paragraphs 24 and 25)

Independent expert on technical cooperation and advisory services in Liberia
Report published: 28 February 2007

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)

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)

Independent Expert on the situation of human rights in Liberia
Country visit: 20 to 29 September 2007
Report published: 14 February 2008

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).

Report published: 6 February 2006

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)

Universal Periodic Review (November 2010)

A - 77.32. Take all necessary measures to ensure the full enjoyment of human rights by women and girls, including by way of properly and promptly investigating and prosecuting cases of gender-based and sexual violence (Sweden); (accepted)
__________________________________________________________________________
Discrimination against children with disabilities
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

The Committee notes as positive the incorporation of an inclusive policy in the Education Sector Plan 2010-2020 as well as in the Children’s Law and commends the State party for establishing the Commission on Disabilities in 2008. However, it is concerned about:

(a) The high level of stigmatization of children with disabilities;
(b) The Education Reform Act which does not include the obligation of education of children with disabilities;
(c) The lack of trained teachers who would cater for the needs of children with disabilities at schools;
(d) Children with disabilities who do not receive standard immunisations and basic health care, and face difficulties in accessing confidential reproductive health services due to the stereotyped misconception that they are not sexually active;
(e) The absence of support to families with children with disabilities; and
(f) The inadequate resources allocated to the Commission on Disabilities that prevents it from fulfilling its role effectively, including the collection of disaggregated data on the situation of children with disabilities.

In light of its general comment No. 9 (CRC/C/GC/9, 2006), the Committee recommends that the State party:

(a) Develop and launch active awareness raising programmes including campaigns with a view to changing the societal misconceptions on children with disabilities and eliminating stigmatization;
(b) Strictly implement the Children’s Law and amend the Education Act to ensure that children with disabilities have equal access to education;
(c) Provide sufficient numbers of specialist teachers and professionals providing individual support in all schools and ensure that all professionals are adequately trained so that all children with disabilities can effectively enjoy their right to quality inclusive education;
(d) Take effective measures to ensure immunisation and access to basic health care to children with disabilities, as well as to reproductive health services;
(e) Provide adequate support to children with disabilities and their families, inter alia, to avoid situations of sending children with disabilities to residential care;
(f) Allocate sufficient human, financial and technical resources to the National Commission on Disabilities to permit it to fulfil its mandate, including the effective collection and analysis of data and information on children with disabilities; and
(g) Consider ratifying the Optional Protocol to the Convention on the Rights of Persons with Disabilities. (Paragraphs 60 and 61)

Universal Periodic Review (November 2010)

A - 77.67. Reinforce the protection and promotion of the rights of vulnerable groups, namely, children, women, disabled and elderly persons (Algeria); (accepted)
A - 77.68. Sustain efforts to promote and protect the rights of groups and of the vulnerable population, such as children, women, disabled and elderly persons (Cuba); (accepted)
A - 77.69. Continue to reinforce efforts to promote the rights of vulnerable groups such as women and children, especially orphaned and disabled children and child victims of trafficking and sexual exploitation (Bangladesh); (accepted)
__________________________________________________________________________
Discrimination with regards to nationality
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

The Committee regrets that despite its previous recommendation, the granting of citizenship to children born in the State party remains restricted on the basis of colour or racial origin according to the provisions contained in article 27 of the Constitution and the Alien and the Nationalisation Law, which are contrary to article 2 of the Convention on the Rights of the Child.

The Committee reiterates its previous recommendation (CRC/C/15/Add.236, para 33, 2004) and calls upon the State party to take urgent measures to amend its Constitution and citizenship laws to eliminate discrimination on the basis of colour or racial origin. (Paragraphs 41 and 42)

UN Committee on the Elimination of Discrimination against Women
Last reported: 31 July 2009

The Committee notes with concern that certain provisions of the 1973 Revised Alien and Nationality Law discriminate against Liberian women. In particular, it is concerned that under this law, a child born abroad to a Liberian mother and a non-Liberian father is not automatically granted its mother's nationality.

The Committee urges the State party to:

(a) Remove all discriminatory laws relating to nationality, in accordance with article 9 of the Convention during the ongoing legal reform process. (Paragraphs 30 and 31)
__________________________________________________________________________
Inadequate education provision, particularly affecting girls and vulnerable groups of children
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

The Committee welcomes the enactment of the Education Reform Act 2011 that aims, inter alia, at ensuring the provision of quality education to all children between the ages 3-15, the high level of the budget allocated to education, as well as the continuous efforts of the State party to reconstruct schools with the help of donors and development partners. However, it remains deeply concerned at the following:

(a) Very high percentage (90%) of the primary education budget spent on salaries and wages and the overall education budget highly skewed towards tertiary education, thus limiting opportunities for all children to achieve universal primary and second cycle education;
(b) The lack of trained teachers at pre-primary, primary and secondary school levels;
(c) Unavailability of reconstructed schools in many rural areas forcing children to travel significant distances to reach the nearest school;
(d) Hidden school fees despite the existence of a free-of-charge education right;
(e) High number of illiterate children with higher rate among girls;
(f) Inadequate provision of holistic early childhood development for all children;
(g) Low rate of primary school enrolment, which is currently 37%, of which only one-third complete the primary school;
(h) Girls school enrolment which is only 33% compared to that of boys (98%) at the primary level, declines in gender parity with grade, lack of adequate and sufficient sanitary facilities for girls in schools, persistence of gender-based violence and negative societal attitudes towards girls, including girls facing harassment at school by teachers; increasing rate of pregnancy of school-aged girls and the prohibition by some schools of pregnant girls to attend classes, which contributes to the dropouts from school.;
(i) High rates of school drop-out and retention, especially when transiting from primary to secondary level, with regional and gender disparities, and the lack of opportunities for children who drop out of school to have alternate forms of education, including vocational education;
(j) The practice of “Bush Schools” licensed by the Ministry of Internal Affairs to be run by secret societies which deprives children of education, as well as a family environment and exposes them to economic exploitation; and
(k) Out-dated school curricula which perpetuate discriminatory and gender- stereotyped ideals, as well as the lack of human rights and peace education.

In light of its general comment (CRC/C/GC/1, 2001), the Committee recommends that the State party:

(a) Allocate more funds to school facilities, services and training;
(b) Ensure the provision of adequate training, including child rights and gender-sensitive training, to teachers and personnel at all school levels;
(c) Increase the availability of schools at all levels in particular in rural areas in order to ensure equal access to education to all children;
(d) Create motivating and child-friendly educational programmes for children who never attended schools so as to decrease the number of illiterate children, and while doing so integrate a gender perspective;
(e) Adopt a holistic early childhood development (ECD) strategy and invest in the training of ECD teachers and provision of integrated formal and community- based programmes involving parents and covering healthcare, nutrition and breastfeeding, early stimulation and early learning of children from birth to the first year of school;
(f) Strictly implement the 2011 Education Reform Act and existing policies to increase primary school enrolment and ensure that primary education is completely free of charge, including for textbooks and school materials in all regions;
(g) Intensify and expand efforts to encourage girls to the complete compulsory school years by modifying the school environment. In this endeavour, the State party should ensure the existence of clean sanitary facilities for girls in all schools, and launch countrywide awareness raising programmes including campaigns, on gender equality and girl’s equal right to education, with a view to changing the prejudicial societal attitudes against girls which contribute to the incidence of sexual abuse and harassment of girls at schools;
(h) Intensify its efforts to substantially increase the rate of secondary school enrolment, and undertake measures to ensure that children who have dropped out of compulsory education return to school;
(i) Take firm measures to discourage “Bush Schools” and strictly monitor their operation so that they do not contribute to children leaving school and do not subject children to child labour and economic exploitation;
(j) Review and update school curricula at all levels with a view to eliminating discriminatory and gender-stereotyped texts and incorporating human rights education with focus on child rights, as well as peace education; and
(k) Create child-friendly reporting mechanisms of child rights’ violations in schools; investigate thoroughly all such complaints, and ensure that perpetrators are brought to justice and punished accordingly. (Paragraphs 72 and 73)

The Committee regrets that insufficient measures have been taken by the State party to implement its previous recommendations to eliminate all forms of discrimination, in particular against children in vulnerable situations (CRC/C/15/Add.236, para. 24, 2004). It is particularly concerned at the extent of gender-based discrimination in the State party, in particular against girls living in and coming from rural areas, who experience persistent discrimination in relation to access to education and social services, and their right to property and security. Statutory and customary laws which discriminate against women remain in force, in particular the Revised Rules and Regulations Governing the Hinterland of Liberia. The Committee is also concerned about harassment and stigmatisation of children with disabilities in the State party.

The Committee recommends that the State party take more active measures to end all forms of discrimination against children, with special attention to discrimination against girls, children belonging to ethnic groups in rural areas, and children with disabilities. In particular, it urges the State party to:

(a) Ensure that all discriminatory laws, including customary laws are amended or repealed and brought into full compliance with the Convention including the Revised Rules and Regulations Governing the Hinterland of Liberia;
(b) Formulate a comprehensive strategy, including a clear definition of targets and the establishment of a monitoring mechanism to modify and eliminate negative attitudes and practices, and change deep-rooted stereotypes that discriminate against children in situations of vulnerability, in particular, girls, children living in and coming from rural areas, and children with disabilities;
(c) Sensitise professionals working with and for children and the public in general on the prohibition of gender discrimination as provided in the Constitution and Children’s Law, and undertake educational programmes, including campaigns that promote equality;
(d) Cooperate with the widest range of stakeholders, including children, women’s organisations, community and traditional leaders, and all sectors of society to promote social and cultural change and create an enabling environment that promotes equality among children; and
(e) Monitor such efforts and regularly assess progress made towards achieving the established goals, and include an assessment of the results achieved in its next report. (Paragraphs 33 and 34)

UN Committee on the Elimination of Discrimination against Women
Last reported: 31 July 2009

The Committee notes that education is key to the advancement of women and that the low level of education of girls and women remains among the most serious impediments to their full enjoyment of human rights and the achievement of women's empowerment. While recognising ongoing efforts aimed at increasing enrolment and retention of girls in schools, as well as progress made in reducing the gender gap in primary school enrolment, the Committee is concerned at the persistence of structural and other barriers to quality education which constitute particular obstacles to the education of girls and young women. These barriers include lack of physical infrastructure, the persistence of gender-based stereotypes in text-books and school curricula that reinforce discriminatory attitudes against women in society, and lack of trained and qualified teachers. The Committee is also concerned about the persistence of sexual abuse and harassment of girls in schools, the negative impact of harmful traditional practices, such as early and forced marriage, on girls' education, and barriers to pregnant girls' access to schools.

The Committee recommends that the State party:

(a) Take steps to improve the educational infrastructure, especially in rural areas, and to raise awareness of the importance of education as a human right and a basis for the empowerment of women.

(b) Implement measures to ensure equal access for girls and women to all levels of education and retention of girls in school, including through temporary special measures in accordance with article 4, paragraph 1, of the Convention and the Committee's general recommendation No. 25.

(c) Ensure that sexual abuse and harassment in schools are addressed and punished appropriately, and to remove all barriers to school attendance for pregnant girls and young mothers.

(d) Take steps to overcome traditional attitudes that constitute obstacles to girls' and women's education, and to develop non-stereotyped educational curricula that address structural causes of discrimination against women.

(e) Make strong efforts to improve the literacy level of girls and women through the adoption of comprehensive programmes at the formal and non-formal levels, and through adult education and training. (Paragraph 32 and 33)

Independent Expert on technical cooperation and advisory services in Liberia
Report published: 28 February 2007

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)

Independent Expert on the situation of human rights in Liberia
Country visit: 20 to 29 September 2007
Report published: 14 February 2008

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).

Report published: 6 February 2006

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).
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).
Independent Expert on the situation of human rights in Liberia
Report published: 6 January 2005

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)

Report published: 6 January 2005

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)

Universal Periodic Review (November 2010)

A - 77.16. Continue to reinforce its national programmes in the area of education and to seek the necessary technical and financial assistance to accompany it in its integration of human rights education and training into its programmes (Morocco); (accepted)

A - 77.58. Encourage stronger promotion of the rights of women and children by meeting their immediate post-conflict needs. These include, for example, the elimination of gender inequalities, the promotion of equal educational opportunities as well as equal opportunities for socio-economic and political participation, and the elimination of violence against women and children (Thailand); (accepted)

A - 77.63. Continue the implementation of programmes and plans for the enhancement of education in Liberia at all levels, as well as earmarking more financial resources for this purpose (Libyan Arab Jamahiriya); (accepted)

A - 77.64. Promote and deploy further efforts to bridge the gap between boys and girls in completing the primary, secondary and university levels (Libyan Arab Jamahiriya) (accepted)

A - 77.65. Take steps to effectively guarantee the right to education (Italy); (accepted)

A - 77.66. Make accessible to the general public and teach human rights in school and university establishments, as well as in the professional sector (Congo); (accepted)
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Inadequate health care provision, particularly for women children and in rural areas
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

The Committee welcomes the progress achieved in increasing access to primary health care services and the recent improvements in child health and nutrition indicators. However it remains seriously concerned that many communities still lack access to basic health services in particular in rural areas, and that there are persistent inequalities and regional disparities in the distribution of health personnel and in access to essential health services.

The Committee recommends that the State party:

(a) Continue to strengthen its efforts to improve access to basic health care services for all children and pregnant women, particularly in rural areas;
(b) Devise and implement a strong primary health care system to cover the whole country;
(c) Take concerted measures to reach areas characterised by disparities in health services, facilities and health outcomes; and
(d) Pay attention to the quality of care and provide well equipped health care facilities and clinics including with trained health workers; and
(e) Work with families, children, community and religious leaders to strengthen health education and to promote positive attitudes and healthy behaviours that may contribute to reduce the prevalence of infections, improve nutrition and reduce maternal and child mortality. (Paragraphs 62 and 63)

UN Committee on the Elimination of Discrimination against Women
Last reported: 31 July 2009

The Committee is deeply concerned at the highly negative effects of conflict on Liberia's health-care infrastructure, which constitutes a grave obstacle to the access of women and girls to adequate health care and services on an equitable and equal basis, especially in rural areas. While recognising the crucial role played by the international community and non-governmental organisations in the delivery of health care and services, and noting recent steps taken by the State party in the area of health care, for example the development of the Basic Package of Health Services and the road map for accelerating the reduction of maternal and newborn morbidity and mortality, the Committee is concerned that the State party lacks the basic resources and capacity to implement its health-care policies and ensure the full enjoyment of women's rights under article 12 of the Convention. The Committee is particularly concerned about the alarming rates of maternal mortality, the high incidence of teenage pregnancy and the high rates of HIV/AIDS infection affecting women and girls in the country. It is also concerned at the lack of access of women, particularly in rural areas, to sexual and reproductive and health services, including skilled birth attendance and adequate post-natal care.

The Committee encourages the State party to:

(a) Continue its collaboration with civil society and the international community in the area of health care, including the development of physical infrastructure and human resources, with a view to strengthening its own capacity to deliver basic health care and services, including mental health, and increasing the access of women and girls to those services on an equal and equitable basis.

(b) Make every effort to raise awareness of and increase women's access to health-care facilities, medical assistance by trained personnel, particularly in the areas of birth attendance and post-natal care, especially in rural areas.

(c) Step up its efforts to reduce the incidence of maternal mortality and teenage pregnancy and continue to implement awareness-raising initiatives on sexual and reproductive health and rights, including those that target adolescent girls, with special attention paid to the prevention and control of sexually transmitted diseases and HIV/AIDS.

(d) Assess the actual causes of maternal mortality and HIV/AIDS and set targets and benchmarks within a time frame for their reduction. (Paragraphs 36 and 37)

While welcoming the National Rural Women's Program currently under way and the attention given to gender equality in the recent Poverty Reduction Strategy, the Committee is concerned about the precarious situation of women in rural areas. These women constitute the majority of women in Liberia and are disproportionately affected by a lack of adequate health services, education, economic opportunities, social benefits and access to adequate living conditions, in particular basic sanitation and water infrastructure. As previously noted, the Committee is deeply concerned about rural women's access to justice and the enforcement of their rights under the Convention, in view of discriminatory customary laws contained in the Revised Rules and Regulations Governing the Hinterland of Liberia which govern rural women. It expresses its particular concern about the prevalence of harmful traditional practices and the persistence of customs and traditions in rural areas that violate the human rights of women and girls and adversely affect their equality and advancement.

The Committee urges the State party to:

(a) Take appropriate measures to eliminate all forms of discrimination against rural women and eradicate harmful traditional practices and those customs and traditions which justify and perpetuate them.

(b) Pay special attention to the needs of rural women and ensure that they participate in decision-making processes, including community decision-making processes and development planning, and have equal access to basic services and infrastructure, and economic opportunities, including income-generating projects and credit facilities, on an equal and equitable basis with men and also with their urban counterparts.

(c) Ensure that all discriminatory customary law is repealed or amended and brought into full compliance with the Convention and the Committee's general recommendations.

(d) Remove all impediments rural women may face in gaining access to justice.

(e) Take special measures to enhance rural women's knowledge and awareness of their rights, including their right to seek legal redress in statutory courts. (Paragraphs 38 and 39)

Independent Expert on technical cooperation and advisory services in Liberia
Report published: 28 February 2007

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)

Independent Expert on the situation of human rights in Liberia
Country visit: 20 to 29 September 2007
Report published: 14 February 2008

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).

Report published: 6 January 2005

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)
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Economic exploitation of children, including child labour
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

The Committee is alarmed at the prevalence and level of child labour in almost all sectors of the economy, including hazardous work, mainly because of poverty, and at the serious implications that child labour has in the State party, specifically on children’s health, development and education, resulting inter alia, in two thirds of children not enrolled in school. It is further concerned at the weak implementation of labour related laws, and at the ineffectiveness of the Child Labour Commission within the Ministry of Labour, that is in charge of enforcing child labour laws and policies thus allowing, inter alia, companies and businesses to accept children to help their parents meet their contract production quotas under hazardous conditions.

The Committee urges that the State party to:

(a) Intensify its efforts and generate the necessary political will to prevent and bring to an end all forms of child labour;
(b) Allocate sufficient resources, including, human, financial and technical resources, to the Child Labour Commission to allow it to properly discharge its duty, in ensuring the effective implementation of child labour laws and policies;
(c) Establish memoranda of understanding with companies and businesses to stop the practice of letting children help their parents to meet their contract obligations and production of quotas;
(d) Progressively extend social protection programmes, mainly the cash- transfer scheme, to all households that may be pressured to allow their children to participate in paid and/or hazardous labour, with conditions including school attendance by the children;
(e) Undertake research on the extent, nature and root causes and impact of child labour in the State in party in order to develop effective preventive and remedial strategies;
(f) Ratify the ILO Convention No. 138 on the Minimum Age for Admission to Employment and Work; and
(g) Seek technical assistance from the International Programme on the Elimination of Child Labour of the International Labour Office (ILO-IPEC) in this regard. (Paragraphs 78 and 79)

Independent Expert on technical cooperation and advisory services in Liberia
Report published: 28 February 2007

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)

Independent Expert on the situation of human rights in Liberia
Country visit: 20 to 29 September 2007
Report published: 14 February 2008

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).
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Inadequate juvenile justice system and lack of implementation of relevant legislation
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

While welcoming the abolition of capital punishment and life imprisonment for children below the age of 18 in the Children’s Law as well as the introduction of provisions on, inter alia, diversionary measures, the right to a fair trial, and training for personnel involved in juvenile justice, the Committee is concerned at:

(a) The lack of harmony between these improvements and the Penal Code in its present form;
(b) The fact that while the minimum legal age of criminal responsibility stands at 16, younger children are still held criminally liable;
(c) The lack of juvenile courts in all counties in the State party; and
(d) The extensive use of lengthy pre-trial detention for children; lack of due process; extremely poor detention conditions; and child-detainees not separated from adults.

The Committee reiterates its previous recommendation (CRC/C/15/Add.236, paras 67-68) that the State party intensify its efforts to reform the system of juvenile justice in line with the Convention, in particular with articles 37, 40 and 39, its General Comment N° 10 (CRC/C/GC/10), and other United Nations standards in the field of juvenile justice, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the Guidelines for Action on Children in the Criminal Justice System. The Committee recommends that the State party:

(a) In the light of article 37, subparagraph (a) of the Convention, urgently amend the Penal Code to ensure that neither capital punishment nor life imprisonment without possibility of release can be imposed for offences committed by persons below the age of 18, also with a view to ensuring harmony among criminal related provisions in national laws;
(b) With regard to the minimum age of criminal responsibility, ensure that children under 16 years of age who have committed an offence are dealt with and through the Liberian Juvenile Court Procedural Code (JCPC) and face only protective and educative measures;
(c) Take all necessary measures to establish well-resourced juvenile courts at all county levels and appoint trained juvenile judges in all regions of the State party and ensure that all children accused of a crime are accorded their right to due process;
(d) Take a holistic approach to addressing the problem of juvenile crime (e.g. addressing underlying social factors) advocated in the Convention, using more alternative measures to detention such as mediation, probation, counselling, community service or suspended sentences, wherever possible;
(e) Ensure that the deprivation of liberty is used as the last resort measure, for serious offences and for the shortest period of time possible;
(f) Take all necessary measures to establish separate detention facilities for juveniles, including through technical cooperation;
(g) Implement post-release programmes for reintegration of juveniles, in order to facilitate their reintegration into society and prevent recidivism; and
(h) Seek technical assistance in the area of juvenile justice from the United Nations Interagency Panel on Juvenile Justice and its members, including UNODC, UNICEF, OHCHR and NGOs and make use of the tools developed by the panel. (Paragraphs 84 and 85)

Independent Expert on the situation of human rights in Liberia
Country visit: 20 to 29 September 2007
Report published: 14 February 2008

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).

Report published: 6 February 2006

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)

Universal Periodic Review (November 2010)

A - 77.41. Intensify efforts to strengthen the criminal justice system and reform the juvenile justice system (Ghana); (accepted)
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Overuse of, and poor conditions in, alternative care for children
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

While noting as positive the development of programmes to decrease the number of children in residential facilities, as well as the State party’s efforts to offer foster homes instead of residential care for children deprived of a family environment, the Committee remains concerned that:

(a) A large number of children remain in residential care as well as in orphanages where many of the children are not orphans;
(b) Despite the development of rules in 2010 to govern standards in institutions of care, their implementation is ineffective and the conditions in most institutions remain poor; and
(c) There is slow progress of the accreditation process of residential care institutions and the fate of the children in institutions which are not accredited is vulnerable and insecure.

The Committee recommends that the State party:

(a) Increase its efforts to ensure that children in need of alternative care are placed in family-type care rather than in institutions, and that they maintain contact with, or are returned to their family whenever possible;
(b) Close immediately all sub-standard orphanages while ensuring the relocation of affected children into safe living arrangements, preferably community based and family-type arrangements; and
(c) Ensure a comprehensive monitoring and periodic review system as well as a complaints mechanism for children placed in alternative care throughout the State party. (Paragraphs 65 and 57)

Independent Expert on technical cooperation and advisory services in Liberia
Report published: 28 February 2007

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)

Independent Expert on the situation of human rights in Liberia
Country visit: 20 to 29 September 2007
Report published: 14 February 2008

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).

Report published: 6 February 2006

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)

Universal Periodic Review (November 2010)

A - 77.69. Continue to reinforce efforts to promote the rights of vulnerable groups such as women and children, especially orphaned and disabled children and child victims of trafficking and sexual exploitation (Bangladesh); (accepted)
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Recruitment of children to be soldiers and inadequate demobilisation and rehabilitation efforts
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

While noting that the Children’s Law protects children from involvement in armed or any other violent conflict, and criminalises the recruitment or conscription of children into military service, the Committee is concerned that armed actors along the borders continue to recruit children into their ranks and that the State party has not taken any actions to redress the situation.

The Committee recommends that the State party implement necessary measures to prevent the recruitment and use of children by armed actors operating in the border areas, conduct effective and systematic investigations in relation to those recruitments and provide necessary psychosocial support and recovery assistance to child victims. (Paragraphs 76 and 77)

Independent Expert on technicla cooperation and advisory services in Liberia
Report published: 28 February 2007

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)

Independent Expert on the situation of human rights in Liberia
Report published: 6 January 2005

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, Demobilisation, 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)

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)
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Trafficking of children, including with the cooperation with orphanages and adoption agencies
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

While welcoming the enactment of the Anti-Trafficking Act in 2005, adoption of an action plan and the creation of a task force against Human Trafficking, the Committee is seriously concerned at the increasing incidence of trafficking in children in the State party and at the fact that no perpetrator of human trafficking has been convicted or sentenced, which may be due to the high levels of corruption. It reiterates its concern at the widespread phenomenon of relocating children from rural areas to live in Monrovia for a variety of purposes, including street vending, begging and domestic servitude. It is moreover concerned at reports claiming that orphanages and adoption agencies are used as hubs for child trafficking in the State party.

The Committee recommends that the State party strictly implement the Anti Trafficking Act and allocate adequate resources to the task force against human trafficking to enable it to fulfil its role effectively. The State party is urged to double its efforts in combating and bringing to an end the phenomenon of child trafficking internally and internationally for the purposes of sexual exploitation, forced labour and domestic servitude. In this endeavour the State party should:

(a) Pay particular attention to children in rural areas belonging to poor families and who are more vulnerable to falling victims of abduction and trafficking;
(b) Extend and strengthen the application of the cash-transfer scheme pilot to poor families in rural areas, and create more social protection programmes, with a view to preventing the practice of relocating children to Monrovia due to poverty reasons;
(c) Investigate effectively all cases of child trafficking, in particular those reported to be organised by orphanages and adoption agencies, and bring perpetrators to justice and punish them accordingly;
(d) Provide child victims of trafficking with adequate protection and specialised assistance for speedy psychosocial recovery and reintegration in their communities; and
(e) Ratify the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict, so as to offer maximum legal protection to children in the context of sale, trafficking and abduction. (Paragraphs 82 and 83)

Independent Expert on the situation of human rights in Liberia
Report published: 6 Juryman 2005

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)

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)

Universal Periodic Review (November 2010)

A - 77.38. Encourage Liberia to strengthen its policies to combat against child trafficking (Thailand); (accepted) (accepted)
A - 77.39. Reinforce actions for the protection of child victims of trafficking and sexual exploitation (Bangladesh); (accepted) (accepted)
A - 77.69. Continue to reinforce efforts to promote the rights of vulnerable groups such as women and children, especially orphaned and disabled children and child victims of trafficking and sexual exploitation (Bangladesh); (accepted)
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Inequality in access to HIV and AIDS testing and treatment
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

The Committee commends the high level commitment to the fight against HIV/AIDS through the National AIDS Commission, chaired by the President and the State party’s measures to increase the coverage and access to HIV testing clinics and the provision of antiretrovirals (ARVs) to pregnant women and children born to mothers with HIV. However, it remains concerned that HIV testing and ARVs are not equally available to all children, teenagers and pregnant women, throughout the territory of the State party.

In light of its general comment No. 3 (CRC/GC/2003/3), the Committee recommends that the State party intensify and widen the comprehensive HIV information-education campaign, and intensify its efforts to ensure proper coverage of HIV testing and ARVs provision. In doing so, the State party should pay particular attention to pregnant adolescents in rural areas and children born to mothers with HIV. The State party should seek technical assistance from, inter alia, the United Nations Joint Programme on HIV/AIDS (UNAIDS), UNFPA and UNICEF. (Paragraphs 68 and 69)

Independent Expert on technical cooperation and advisory services in Liberia
Report published: 28 February 2007

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)

Independent Expert on the situation of human rights in Liberia
Report published: 6 January 2005

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)
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Inadequate response to asylum-seeking and refugee children
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

While welcoming that the State party allows refugees to come into its territory, mainly from Côte d’Ivoire and has put health and education services at refugees’ disposal, the Committee is concerned that there is no mechanism to provide protection and assistance to refugee children, in particular unaccompanied and separated children seeking asylum.

The Committee recommends that the State party strengthen its assistance to refugee children with particular attention to unaccompanied and separated children seeking asylum, and ensure that a specific mechanism is set up to protect and assist particularly separated and unaccompanied children, in compliance with the international refugee and human rights law. (Paragraphs 74 and 75)

Independent Expert on the situation of human rights in Liberia
Report published: 6 January 2005

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)
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Incompatibility of customary law with children's rights
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

The Committee welcomes the enactment of the Children’s Law in February 2012. However, it remains concerned that the State party has not undertaken a complete review of its legislation in order to harmonise it with the Convention, and that some provisions of the existing legislation and customary law are not consistent with the principles and provisions of the Convention, in particular those relating to the minimum age of marriage, adoption, and juvenile justice.

The Committee recommends that the State party ensure the full and effective implementation of the Children’s Law. It reiterates its recommendation (CRC/C/15/Add.236, para. 10, 2004) that the State party undertake a comprehensive review of all domestic legislation to ensure full conformity with the principles and provisions of the Convention, and in the meantime ensure that in case of conflict, the Children’s Law prevails over all statutory and customary legislation. (Paragraphs 10 and 11)

Independent Expert on the situation of human rights in Liberia
Country visit: 20 to 29 September 2007
Report published: 14 February 2008

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).
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Children living and working on the streets
UN Committee on the Rights of the Child (Concluding Observations, October 2012)

The Committee is highly concerned at the high number of children living in the streets, especially in Monrovia, including former child combatants, internally displaced children, children who have been sent by their parents for better opportunities and end up being used for vending on Monrovia’s streets, or children who fled orphanages and other residential care. It is further concerned at the extreme vulnerability of such children to become victims of trafficking and sexual exploitation.

The Committee recommends that the State party:

(a) Undertake an in-depth study and statistical analysis on the causes and scope of the phenomenon of children in street situations in Liberia;
(b) Develop a national strategy to support children in street situations;
(c) Prevent other children from working in the streets, in particular children from the outlying counties used for vending on Monrovia’s streets;
(d) Ensure that children in street situations are provided with adequate nutrition, clothing, housing, health care and educational opportunities, including vocational and life-skills training, in order to support their full development and return and reconciliation with their families and community; and
(e) Provide these children with recovery and social reintegration services when they are victims of physical, sexual and substance abuse. (Paragraphs 80 and 81)

Independent Expert on the situation of human rights in Liberia
Report published: 6 February 2006

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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