Report did not make reference to specific Charter provisions and relate
them to the areas covered in the Report.
14. The Commission notes with concern that certain domestic legislation,
including the 1986 Constitution of Liberia, are inconsistent with the
provisions of the African Charter. Article 11 of the Liberian Constitution
does not adequately guarantee the right to equality and the right against
discrimination. Further, there is no constitutional provision
incorporating the principle of equality between men and women. This is
particularly concerning in view of the extensive violations suffered by
women throughout the country's violent past, and because of genderbased violations that continue to occur. Although children were
disproportionately exposed to massive human rights violations during
the civil war, and continue to suffer violations, there is no constitutional
provision which guarantees the rights of children. Article 27 of the
Constitution also restricts the grant of citizenship “only to persons who
are Negroes or of Negro descent.”
15. The Commission notes that the Revised Hinterland Rules and
Regulations (the Rules) pose a challenge to the enforcement of the right
to equality, contain derogatory terms such as uncivilised natives, and
permit certain harmful traditional practices, including trial by ordeal,
which is a form of customary justice system that in some cases has
resulted in the infliction of injuries and death of the accused by the
complainants.
16. The Commission commends the establishment of the Law Reform
Commission (LRC) and its work, but is concerned that the Report does
not state what steps have been taken to implement the
recommendations of the LRC. It also does not indicate whether the
Constitution is being considered for review.
17. The Commission notes that despite its inquiries during the interactive
dialogue, the delegation of Liberia did not furnish the Commission with
any information on reports that a Bill was before the House of
Representatives seeking to amend the Penal Code so as to criminalise
the promotion of homosexuality and imposing long sentences for
consensual same-sex conduct. This amendment was reportedly written
in terms so broad that it could be used to criminalise the activities of
human rights defenders.
The Truth and Reconciliation Commission
18. The Commission welcomes the final report of the Truth and Justice
Commission (TRC) and its recommendations which were released in
2009. However, the Commission regrets the absence of information in
the Report, regarding the nature of the recommendations and the
measures taken by Liberia to implement the recommendations.
Equality and Non-discrimination of women
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