Author: BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR
Site of publication: U.S Department of State
Type of publication: Report
Date of publication: 2022
EXECUTIVE SUMMARY
The Liberia National Police maintain internal security with assistance from the Liberia Drug Enforcement Agency, and both report to the Ministry of Justice. The armed forces carry out internal security responsibilities if called upon, and report to the Ministry of National Defense. Civilian authorities generally maintained effective control over the security forces. There were reports that members of the security forces committed some abuses.
Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings; cruel, inhuman, or degrading treatment or punishment by the government; harsh and life-threatening prison conditions; arbitrary arrest or detention; serious problems with the independence of the judiciary; serious restrictions on freedom of expression and media, including violence and threats of violence against journalists; serious government corruption.
Lack of investigation and accountability for gender-based violence, including child, early, and forced marriage, and female genital mutilation/cutting; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, and intersex persons; the existence and enforcement of laws criminalizing consensual same-sex sexual conduct between adults; and the outlawing of independent trade unions or significant restrictions on workers’ freedom of association.
TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT, AND OTHER RELATED ABUSES
The constitution and law prohibit such practices, but there were credible reports that government officials employed some of them. The law provides criminal penalties for excessive use of force by law enforcement officers and addresses permissible uses of force during arrest or while preventing the escape of a prisoner from custody.
An armed forces disciplinary board investigates alleged misconduct and abuses by military personnel. The armed forces administer nonjudicial punishment. In accordance with a memorandum of understanding between the Ministries of Justice and Defense, the armed forces refer capital cases to the civil court system for adjudication.
Lack of investigation and accountability for gender-based violence, including child, early, and forced marriage, and female genital mutilation/cutting; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, and intersex persons; the existence and enforcement of laws criminalizing consensual same-sex sexual conduct between adults; and the outlawing of independent trade unions or significant restrictions on workers’ freedom of association
Impunity was a significant problem in the security forces. Allegations of police harassment or abuse are referred to the LNP Professional Standards Division for investigation. The Civilian Complaint Review Board, which includes representatives of nongovernmental organizations (NGOs), is empowered by law to review complaints against the LNP and Immigration Service.
Prison and Detention Center Conditions
Prison conditions remained harsh and life threatening due to gross overcrowding, food shortages, inadequate sanitary conditions, and poor medical care.
Abusive Physical Conditions: Gross overcrowding continued to be a problem, particularly at Monrovia Central Prison (MCP), which held 1,426 inmates in a facility originally built for 374. At times, prisoners were required to sleep in shifts due to overcrowding. The Bureau of Corrections and Rehabilitation (BCR) stated that prison overcrowding was caused mainly by prolonged pretrial detention, especially at the MCP, delay in preparing indictments for felony cases, and difficulties in transferring case files from magisterial court to circuit court.
Arrest Procedures and Treatment of Detainees
In general, police must have warrants issued by a magistrate to make arrests. The law allows for arrests without a warrant if the necessary paperwork is filed immediately afterwards for review by the appropriate authority. Nonetheless, arrests often were made without judicial authorization, and warrants were sometimes issued without sufficient evidence.
Detainees have the right to prompt access to counsel, visits from family members, and, if indigent, an attorney provided by the state in criminal cases. The national public defender office was short staffed and faced logistical constraints that hindered visits to rural courts. Two domestic NGOs also provided legal assistance to some indigent defendants.
Impunity was a significant problem in the security forces. Allegations of police harassment or abuse are referred to the LNP Professional Standards Division for investigation. The Civilian Complaint Review Board, which includes representatives of nongovernmental organizations (NGOs), is empowered by law to review complaints against the LNP and Immigration Service
DENIAL OF FAIR PUBLIC TRIAL
The government and NGOs continued efforts to harmonize the formal and traditional customary justice systems through campaigns to encourage trial of criminal cases in formal courts. Traditional leaders were encouraged to defer to police investigators and prosecutors in cases involving murder, rape, and human trafficking.
Civil Judicial Procedures and Remedies
Human rights abuses are generally reported to the INCHR, which then refers cases to relevant ministries, including the Ministry of Justice. In some cases, individuals and organizations may appeal adverse domestic decisions to regional human rights bodies after all domestic redress options have been exhausted. While there is an Economic Community of West African States (ECOWAS) Court of Justice to address human rights abuses in member states, few citizens were aware of it or could afford to access this court, and national courts did not always honor ECOWAS court rulings.
FREEDOM OF EXPRESSION, INCLUDING FOR MEMBERS OF THE PRESS AND OTHER MEDIA
The constitution provides for freedom of expression, including for members of the press and other media, and the government generally respected these rights, although with some unofficial limits. Freedom of Expression: Individuals could generally criticize the government publicly or privately, but government officials used the threat of civil defamation suits to place limits on free expression, and self-censorship was widespread as a result.
Violence and Harassment: Press associations reported that government officials occasionally harassed newspaper and radio station owners, as well as individual journalists, because of their political opinions and reporting.
Detainees have the right to prompt access to counsel, visits from family members, and, if indigent, an attorney provided by the state in criminal cases. The national public defender office was short staffed and faced logistical constraints that hindered visits to rural courts. Two domestic NGOs also provided legal assistance to some indigent defendants
FREEDOM OF MOVEMENT AND THE RIGHT TO LEAVE THE COUNTRY
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these related rights. Foreign Travel: In an effort to reduce human trafficking, on April 4, the government imposed a 90-day moratorium on international travel by persons seeking employment outside the country as domestic workers.
ELECTIONS AND POLITICAL PARTICIPATION
Recent Elections: On June 28, the country conducted a by-election to fill a vacant senate seat in Lofa County. Election observers characterized the election as free, fair, and largely peaceful. The country last held presidential elections in 2017. After lengthy legal challenges to first-round results, George WEAH won the presidential runoff in a process deemed free and fair.
Political Parties and Political Participation: There were instances of violence against opposition leaders and candidates during the year. For example, media reported that on June 27, a vehicle belonging to opposition political figure Yekeh Koluba was attacked and damaged while he was campaigning and that the attack occurred in the presence of LNP officers, who reportedly did not intervene.
Discrimination and Societal Abuses
WOMEN
Rape and Domestic Violence: Rape of a woman or man is illegal, but the government did not enforce the law effectively, and rape remained a serious and pervasive problem. The law’s definition of rape does not specifically criminalize spousal rape. Conviction of first-degree rape, defined as rape of a child, rape resulting in serious bodily harm, rape using a weapon, or gang rape, is a nonbailable offense punishable by up to life imprisonment. Conviction of second-degree rape, defined as rape committed without aggravating circumstances, is punishable by up to 10 years’ imprisonment.
Sexual Harassment: The law prohibits sexual harassment in the workplace, but it remained a significant problem at work and in schools. UNICEF reported that sexual harassment in schools in the form of “sex for grades” and “sex for school fees” was common. Government billboards and notices in government offices warned against harassment in the workplace.
Political Parties and Political Participation: There were instances of violence against opposition leaders and candidates during the year. For example, media reported that on June 27, a vehicle belonging to opposition political figure Yekeh Koluba was attacked and damaged while he was campaigning and that the attack occurred in the presence of LNP officers, who reportedly did not intervene
FREEDOM OF ASSOCIATION AND THE RIGHT TO COLLECTIVE BARGAINING
The law provides workers, except public servants and employees of state-owned enterprises, the right to freely form or join independent unions, bargain collectively, and conduct legal strikes or engage in “go-slow” (a protest by workers in which they deliberately work slowly). The law prohibits anti union discrimination and allows unions to conduct their activities without interference by employers, parties, or government.
The law provides that employers and workers may establish and join organizations of their own choosing, without prior authorization, and subject only to the rules of the organization concerned. The law provides that labor organizations and associations have the right to draw up their constitutions and rules on electing their representatives, organizing their activities, and formulating their programs.