Thursday, September 24, 2015
The latest round of the Christian state and citizenship controversies in Liberia’s Constitutional Reform Process
The much-anticipated constitutional reform, which is predicted to bring about radical political changes before the 2017 elections, has taken a controversial turn. In a recent letter, President Ellen Johnson-Sirleaf sharply differed with delegates at the National Constitutional Conference, who put forth recommendations on the key issues for constitutional reform:Read more
Monday, June 15, 2015
Celebrating Amos Sawyer at 70: A tribute to a distinguished African Statesman
Ibrahim Al-bakri Nyei
Today June 15, 2015 marks the seventieth birth anniversary of Prof. Amos Sawyer, a man who has for over forty years played a leading role of a
scholar, activist, leader, and mediator in Africa’s most troubling and sometimes complicated political crises. Sawyer was born on June 15, 1945 in Sinoe County in Southeastern Liberia to a lower-middle class family. His parents meant well for the family and wanted to change the social status of the next generation of the family, thus they strove for young Sawyer to attend one of the best schools then in Southeastern Liberia, Cape Palmas High School. After Cape Palmas High School, all of Sawyers’ education financing were funded through scholarships gained through outstanding academic performances. This is just to give a brief background of the humble beginning from which, Prof. Amos Sawyer, one of the greatest Liberian of his generation started it all. The clear message from the life of Sawyer and probably many others around us is that one can change his own destiny and from a humble beginning, make far-reaching contributions to the advancement of society.
An attempt to write a full biographical sketch of an outstanding statesman like Amos Sawyer would require extensive research and probably end up producing thousands of pages. I therefore seek not to go on such an expensive route. This tribute in commemoration of his seventieth birth anniversary is an attempt to highlight his contributions to his dear country, Liberia. But again, one cannot discuss Sawyer’s meaningful contributions to academics, politics and conflict resolution by limiting the exposition to Liberia. It would be an incomplete discourse. Thus we consider Sawyer, not just as a Liberian statesman - as proud as we Liberians may be of his numerous achievements and contributions - we also share him with the rest of Africa as his services and ideas have had penetrating influences on African societies from civil society movements, to governments and regional organizations. This tribute therefore calls attention to Sawyer not in the limited role as former Head of State of Liberia, but as a distinguished African Statesman.
Originating from Southeastern Liberia, Prof. Amos Sawyer rose rapidly in educational attainment and acquired a PhD at a very young age in 1973. At the time he completed his PhD opportunities abound for him to join the existing system of amassing wealth and living large by endorsing the then political establishment. While many young people with good education would seek material advancement by submitting to the status quo, Sawyer rather chose what Robert Frost would call at that time the “The Road Not Taken”. He chose to defy the system by working to transform his country into an inclusive and functional state at the service of its entire citizenry. Indeed, this road was risky, dark, and dangerous and was not often taken, but with courage, Sawyer and others thought through and navigated a way out for themselves, thus liberating the vast majority of Liberians aspiring for change in an inclusive polity. In the early 1970s he joined others and founded the Movement for Justice in Africa (MOJA), a Pan-African political organization aimed at supporting liberation movements in countries still struggling with vestiges of colonialism like Mozambique, Namibia, Zimbabwe, Guinea Bissau and South Africa under Apartheid. While MOJA worked locally and campaigned against the extractive economic policies and political dominance of a minority settler government in Liberia, they actively supported groups like the African Party for the Independence of Guinea Bissau and Cape Verde (PAIGC) in Guinea Bissau, South West African People Organization (SWAPO) in Namibia, and the Mozambique Liberation Front (FRELIMO) in Mozambique. Sawyer was actively involved with the PAIGC and even visited their camps in Conakry, Guinea at the height of their struggle. As a result of their efforts, MOJA was invited at the independence declaration of Guinea Bissau. Sawyer’s advocacy continued throughout the 1970s until the popular struggle well thought-out and carried out by the progressive was short-changed by a military coup. Sawyer supported the reform of the country and engaged the military with constitutional reforms. He was appointed by the Head of State Samuel K. Doe to chair the Constitutional Commission, a position he took thinking it was a grand opportunity to introduced real change through the constitution making process. His commitment to constitutional democracy and advocacy against excessive presidential powers landed him into troubles with the military government thus leading to his illegal imprisonment at the notorious Post-Stockade prison in Monrovia. Several years down in the early 2000s, Sawyer continued his role as an activists working with the civil society movement through the Center for Democratic Empowerment (CEDE). CEDE’s campaign for democratic governance and peace in Liberia clashed with Charles Taylor’s penchant for strongman rule, autocracy and illegal accumulation of wealth. This again led Sawyer into troubles with Taylor and his ragtag militias. CEDE’s offices were ransacked and staff including Sawyer were violently assaulted. Like Mark Twain the great litterateur said at his 70th birthday dinner: “I have achieved my seventy years in the usual way; by sticking strictly to a scheme of life which would kill anybody else....I will offer here, as a sound maxim, this: That we can't reach old age by another man's road”, so has Sawyer pursued a scheme in which he had paid numerous prices, made sacrifices at the expense of his life on the road he chose - just in the pursuit of his values of free, inclusive, and democratic society. That is Sawyer the activist.
Sawyer has blended activism with scholarship for the most part. His passion has been teaching and he proudly calls himself a teacher whenever he is asked about his life profession. As an academic he had written extensively and taught Political Science, and has directed studies in the practice of governance and politics of peace-building and reconciliation at Universities in Liberia and the United States of America. There is something interesting about Sawyer’s role as an academic which has positioned him well in the field of governance and conflict resolution. That is his ability to blend political theories with practice. Thus, he is both a practitioner and a scholar of governance. This has given him a strong anchorage performing extremely well in positions he has occupied over the last few years as Chairman of the Governance Commission of Liberia and as a member and Chair of the Panel of Eminent Persons of the African Peer Review Mechanism (2010 – 2013), an African Union affiliated organization working to foster the adoption of policies, standards and practices that lead to political stability, high economic growth, sustainable development and accelerated sub-regional and continental economic integration through sharing of experiences and reinforcement of successful and best practice. At the APRM Sawyer presided over or participated in country reviews of South Africa, Ethiopia, Mozambique, Zambia, and Kenya all of which are today doing fairly well in building good democratic cultures and attaining high economic growth. At the Governance Commission, Sawyer has presided over mega public sector reform programs that have aligned, realigned and even created new institutions aimed at addressing governance and service delivery challenges in Liberia. He has an unshakable confidence that the reforms will lead to an efficient service delivery system once implemented, but he always cautions that “reform outcomes, particularly in a previously dysfunctional state are felt mostly in the long term and not the short term”. He is currently engaged with two main reform projects that are to be Liberia’s largest postwar reform and expected to reshape power relations in Liberia significantly: constitutional reform and decentralization reform. Both are aimed at ensuring that Liberia adopts a system of local self-governance in which citizens are empowered at the local level for self-governance with active participation of civil society. Sawyer has committed his last few years of practice and scholarship to constitutional reform and governance reform in Liberia for which President Ellen Johnson-Sirleaf referred to him as ‘the architect of governance reform in Liberia’. This reference to him by the President is just one evidence that Sawyer has earned for himself the distinction of being the intellectual leader of postwar state building in Liberia. That is Sawyer the scholar and practitioner.
As the French saying goes ‘Noblesse Oblige’ (Nobility Obliges), Sawyer’s strive for his academic and political values led him to nobility and that nobility has continued to bring upon him more obligations for service to Africa. He has been called upon to lead political mediations during transition periods in some of Africa’s most crisis-affected countries. In his native Liberia, he was petitioned by his peers to lead the country’s most critical transition in the beginning of the country’s civil war in 1990. Still thinking about his love for the classroom as lecturer, he reluctantly accepted to be President of the Interim Government of National Unity. He served in that position for four years, and during that period he focused more on making peace, mediating the warring factions, and promoting civil society’s participation in governance and the peace process. His tenure as President was during a challenging moment as the revenue base was low and most of the country was controlled by rebel factions. He however skillfully worked with international actors to stabilize the economy, protect the civilian population and secure a respectable position for Liberia among the comity of nations, despite the ongoing war. It is perhaps because of such distinguished service at a critical time that the African Union (AU) and the Economic Community of West African State (ECOWAS) continue to call upon him to lead electoral observation missions during critical transitions in African countries. These transitions are mostly electoral periods flamed with tensions with potentials to relapse into violence if not properly mediated. At these missions he assesses the political and security situations, engages and mediates the parties, engages the civil society movement and encourages all parties to work within the framework of the country’s law and other international laws. Successful missions led by Sawyer in recent times were in Mali in 2013 and Guinea Bissau in 2014. Both countries were in dire straits of political instability under military dominance (Guinea Bissau) and rebel incursion (Mali). In March and April 2015 Sawyer headed Electoral Observation Missions for the African Union in Nigeria and ECOWAS in Togo. His role as Head of Missions facilitated peaceful dialogues among previously aggrieved and fierce political opponents, electoral commissions and civil society thus paving ways for credible transitions and processes of inclusive politics even after elections. That is Sawyer the mediator and leader.
In 2011, he won two distinguished awards in his native Liberia and in Asia. In Liberia he was decorated with the country’s highest honor for the services rendered the country. Decorating Prof. Sawyer, President Ellen Johnson-Sirleaf referred to him as someone “consistent in principle, consistent in courage and consistent in commitment”. He was also awarded the Gusi Peace Prize (a prestigious Asian Peace award) ‘for his work in the promotion of democratic governance and socio-economic development through regional integration in Africa’. Today he has been awarded a gift of life by the Almighty God and had reached 70. It is this that we celebrate most, and wish to celebrate more of such gifts with this eminent son of Liberia and the whole Africa as we strive to continuously benefit from his wealth of experience and knowledge and his courage to see a stable, progressive, and democratic society in Africa, particularly his native Liberia, to which he has dedicated his life. For those of us that appreciate his contributions to society, share his values for a free, just and democratic society, and modeling our lives within his shadow, we must emulate his virtues of humility, hard work, and patience, unquenchable desire for knowledge and consistency with principles. This, I know is a tall order, but like he always say, “Ultimately, everything is possible once you have good intentions and work hard”.
Today June 15, 2015 marks the seventieth birth anniversary of Prof. Amos Sawyer, a man who has for over forty years played a leading role of a
An attempt to write a full biographical sketch of an outstanding statesman like Amos Sawyer would require extensive research and probably end up producing thousands of pages. I therefore seek not to go on such an expensive route. This tribute in commemoration of his seventieth birth anniversary is an attempt to highlight his contributions to his dear country, Liberia. But again, one cannot discuss Sawyer’s meaningful contributions to academics, politics and conflict resolution by limiting the exposition to Liberia. It would be an incomplete discourse. Thus we consider Sawyer, not just as a Liberian statesman - as proud as we Liberians may be of his numerous achievements and contributions - we also share him with the rest of Africa as his services and ideas have had penetrating influences on African societies from civil society movements, to governments and regional organizations. This tribute therefore calls attention to Sawyer not in the limited role as former Head of State of Liberia, but as a distinguished African Statesman.
Originating from Southeastern Liberia, Prof. Amos Sawyer rose rapidly in educational attainment and acquired a PhD at a very young age in 1973. At the time he completed his PhD opportunities abound for him to join the existing system of amassing wealth and living large by endorsing the then political establishment. While many young people with good education would seek material advancement by submitting to the status quo, Sawyer rather chose what Robert Frost would call at that time the “The Road Not Taken”. He chose to defy the system by working to transform his country into an inclusive and functional state at the service of its entire citizenry. Indeed, this road was risky, dark, and dangerous and was not often taken, but with courage, Sawyer and others thought through and navigated a way out for themselves, thus liberating the vast majority of Liberians aspiring for change in an inclusive polity. In the early 1970s he joined others and founded the Movement for Justice in Africa (MOJA), a Pan-African political organization aimed at supporting liberation movements in countries still struggling with vestiges of colonialism like Mozambique, Namibia, Zimbabwe, Guinea Bissau and South Africa under Apartheid. While MOJA worked locally and campaigned against the extractive economic policies and political dominance of a minority settler government in Liberia, they actively supported groups like the African Party for the Independence of Guinea Bissau and Cape Verde (PAIGC) in Guinea Bissau, South West African People Organization (SWAPO) in Namibia, and the Mozambique Liberation Front (FRELIMO) in Mozambique. Sawyer was actively involved with the PAIGC and even visited their camps in Conakry, Guinea at the height of their struggle. As a result of their efforts, MOJA was invited at the independence declaration of Guinea Bissau. Sawyer’s advocacy continued throughout the 1970s until the popular struggle well thought-out and carried out by the progressive was short-changed by a military coup. Sawyer supported the reform of the country and engaged the military with constitutional reforms. He was appointed by the Head of State Samuel K. Doe to chair the Constitutional Commission, a position he took thinking it was a grand opportunity to introduced real change through the constitution making process. His commitment to constitutional democracy and advocacy against excessive presidential powers landed him into troubles with the military government thus leading to his illegal imprisonment at the notorious Post-Stockade prison in Monrovia. Several years down in the early 2000s, Sawyer continued his role as an activists working with the civil society movement through the Center for Democratic Empowerment (CEDE). CEDE’s campaign for democratic governance and peace in Liberia clashed with Charles Taylor’s penchant for strongman rule, autocracy and illegal accumulation of wealth. This again led Sawyer into troubles with Taylor and his ragtag militias. CEDE’s offices were ransacked and staff including Sawyer were violently assaulted. Like Mark Twain the great litterateur said at his 70th birthday dinner: “I have achieved my seventy years in the usual way; by sticking strictly to a scheme of life which would kill anybody else....I will offer here, as a sound maxim, this: That we can't reach old age by another man's road”, so has Sawyer pursued a scheme in which he had paid numerous prices, made sacrifices at the expense of his life on the road he chose - just in the pursuit of his values of free, inclusive, and democratic society. That is Sawyer the activist.
Sawyer has blended activism with scholarship for the most part. His passion has been teaching and he proudly calls himself a teacher whenever he is asked about his life profession. As an academic he had written extensively and taught Political Science, and has directed studies in the practice of governance and politics of peace-building and reconciliation at Universities in Liberia and the United States of America. There is something interesting about Sawyer’s role as an academic which has positioned him well in the field of governance and conflict resolution. That is his ability to blend political theories with practice. Thus, he is both a practitioner and a scholar of governance. This has given him a strong anchorage performing extremely well in positions he has occupied over the last few years as Chairman of the Governance Commission of Liberia and as a member and Chair of the Panel of Eminent Persons of the African Peer Review Mechanism (2010 – 2013), an African Union affiliated organization working to foster the adoption of policies, standards and practices that lead to political stability, high economic growth, sustainable development and accelerated sub-regional and continental economic integration through sharing of experiences and reinforcement of successful and best practice. At the APRM Sawyer presided over or participated in country reviews of South Africa, Ethiopia, Mozambique, Zambia, and Kenya all of which are today doing fairly well in building good democratic cultures and attaining high economic growth. At the Governance Commission, Sawyer has presided over mega public sector reform programs that have aligned, realigned and even created new institutions aimed at addressing governance and service delivery challenges in Liberia. He has an unshakable confidence that the reforms will lead to an efficient service delivery system once implemented, but he always cautions that “reform outcomes, particularly in a previously dysfunctional state are felt mostly in the long term and not the short term”. He is currently engaged with two main reform projects that are to be Liberia’s largest postwar reform and expected to reshape power relations in Liberia significantly: constitutional reform and decentralization reform. Both are aimed at ensuring that Liberia adopts a system of local self-governance in which citizens are empowered at the local level for self-governance with active participation of civil society. Sawyer has committed his last few years of practice and scholarship to constitutional reform and governance reform in Liberia for which President Ellen Johnson-Sirleaf referred to him as ‘the architect of governance reform in Liberia’. This reference to him by the President is just one evidence that Sawyer has earned for himself the distinction of being the intellectual leader of postwar state building in Liberia. That is Sawyer the scholar and practitioner.
As the French saying goes ‘Noblesse Oblige’ (Nobility Obliges), Sawyer’s strive for his academic and political values led him to nobility and that nobility has continued to bring upon him more obligations for service to Africa. He has been called upon to lead political mediations during transition periods in some of Africa’s most crisis-affected countries. In his native Liberia, he was petitioned by his peers to lead the country’s most critical transition in the beginning of the country’s civil war in 1990. Still thinking about his love for the classroom as lecturer, he reluctantly accepted to be President of the Interim Government of National Unity. He served in that position for four years, and during that period he focused more on making peace, mediating the warring factions, and promoting civil society’s participation in governance and the peace process. His tenure as President was during a challenging moment as the revenue base was low and most of the country was controlled by rebel factions. He however skillfully worked with international actors to stabilize the economy, protect the civilian population and secure a respectable position for Liberia among the comity of nations, despite the ongoing war. It is perhaps because of such distinguished service at a critical time that the African Union (AU) and the Economic Community of West African State (ECOWAS) continue to call upon him to lead electoral observation missions during critical transitions in African countries. These transitions are mostly electoral periods flamed with tensions with potentials to relapse into violence if not properly mediated. At these missions he assesses the political and security situations, engages and mediates the parties, engages the civil society movement and encourages all parties to work within the framework of the country’s law and other international laws. Successful missions led by Sawyer in recent times were in Mali in 2013 and Guinea Bissau in 2014. Both countries were in dire straits of political instability under military dominance (Guinea Bissau) and rebel incursion (Mali). In March and April 2015 Sawyer headed Electoral Observation Missions for the African Union in Nigeria and ECOWAS in Togo. His role as Head of Missions facilitated peaceful dialogues among previously aggrieved and fierce political opponents, electoral commissions and civil society thus paving ways for credible transitions and processes of inclusive politics even after elections. That is Sawyer the mediator and leader.
In 2011, he won two distinguished awards in his native Liberia and in Asia. In Liberia he was decorated with the country’s highest honor for the services rendered the country. Decorating Prof. Sawyer, President Ellen Johnson-Sirleaf referred to him as someone “consistent in principle, consistent in courage and consistent in commitment”. He was also awarded the Gusi Peace Prize (a prestigious Asian Peace award) ‘for his work in the promotion of democratic governance and socio-economic development through regional integration in Africa’. Today he has been awarded a gift of life by the Almighty God and had reached 70. It is this that we celebrate most, and wish to celebrate more of such gifts with this eminent son of Liberia and the whole Africa as we strive to continuously benefit from his wealth of experience and knowledge and his courage to see a stable, progressive, and democratic society in Africa, particularly his native Liberia, to which he has dedicated his life. For those of us that appreciate his contributions to society, share his values for a free, just and democratic society, and modeling our lives within his shadow, we must emulate his virtues of humility, hard work, and patience, unquenchable desire for knowledge and consistency with principles. This, I know is a tall order, but like he always say, “Ultimately, everything is possible once you have good intentions and work hard”.
Friday, May 22, 2015
The Imperative for change from the Organization of African Unity (OAU) to the African Union (AU): A more responsive paradigm
By Baba Sillah
The transition from the OAU to the AU did not only come as a matter of time but also as a matter of recognized necessity. The OAU had faced serious structural challenges which impacted negatively on its ability to function effectively and efficiently. There was not an OAU Commission that could make clearly enforceable decisions as the AU has today. More importantly, there was a greater need for effectively addressing the new social, political and economic realities in Africa and for fulfilling the peoples’ aspirations for greater unity in conformity with the objectives of the OAU Charter and the treaty establishing the African Economic Community. Revitalizing the continental organization to enable it take on a more robust and proactive role in addressing the needs of the people; eliminating the scourge of conflict; partnering in meeting global challenges; and harnessing the human and natural resources of the continent to improve living conditions while proving necessary also seemed long overdue.
The structural and functional challenges that the OAU faced sometimes appear understandable because of the fixation of many African leaders at the time with the protection of their countries mostly; newly won independence and securing their territorial limits. However, one of the most significant challenges to the OAU was the imperative of good governance. Many leaders on the continent placed too much emphasis on territorial integrity and non-interference into their countries body polity than the wellbeing of their populations, as an obvious result routinely disregarding the rights and welfare of the peoples for whom the territories in fact exist.
This conceptual framework lacked the foresight to address the real needs and demands of the peoples of the continent and could not long survive. Therefore, it dawned on African Leaders at the 37th OAU Summit in Lusaka, Zambia that there was a need for a departure to a new framework which could revive the continent and address in a comprehensive manner its perennial, contemporary and emerging challenges (The adoption in Lome, Togo of the Constitutive Act of the AU in terms of the Sirte Declaration of 9 September 1999 was the highlight of the 2000 OAU/AEC Assembly of Heads of State and Government and a watershed for continental governance).
The adoption of an historic document which was to become known as the New Partnership for African Development (NEPAD) was a resultant effect of the compelling need for a better conceived and more people-centered approach to continental governance based on the tenets of democracy and good governance.
Nonetheless, while NEPAD expressed goals; Declaration on Democracy, Political, Economic and Corporate Governance have committed participating Member States to an African Peer Review Mechanism (APRM) –which seeks to promote adherence to and fulfillment of its commitments, and to ensure among other things , the rule of law, the equality of all citizens before the law, individual and collective freedoms, the right to participate in free, credible and democratic political processes, and adherence to the separation of powers, there still remains some seriously challenges on the continent considering both the persistence of coups d’états and the bypassing of the democratic and constitutional means of obtaining political power.
The use of terror to press selfish demands such as the case in Mali and Guinea Bissau which have witnessed West Africa’s latest cases of coups d’états have impressed more on the minds of the speedily multiplying African population, the need not only for strong continental security response machineries but also for improved and responsive systems and approaches for dealing with the challenges of health care delivery, education, the rights of women and girls, youth empowerment among others.
The menace of Malaria by itself poses a serious challenge to the continent and takes a huge toll on the populations of African countries each year. It is worrying for the African Leaders Malaria Alliance that Malaria affects approximately 200 million people annually on the Continent and costs Africa at least US$ 12 billion annually in direct cost to development.
As we commemorate the 50th Anniversary of the OAU/AU on May 25, we must bear in mind that we have got yet another platform not just to make grandiose speeches and indulge in the pomp that traditionally attends celebrations of the sort but as a time to soberly review the achievements that we have made as a continental body and the hurdles that remain, and seek to renew our commitments (in practicum) to the framework of the New Partnership for African.
We must work assiduously to promote and uphold Democracy, Political, Economic and Corporate Governance. We must ensure that the rule of law prevails; we must work towards improving the quality of the living standards of our citizens, we must never seize from protecting the individual and collective freedoms of our peoples, we must ensure free, credible and democratic political processes, and protect the separation of governmental power, it is only by doing and ensuring these things that our people will become stronger thus the continent.
Baba Sillah is a Liberian political analyst. He works at the Liberian Ministry of Foreign Affairs.
The transition from the OAU to the AU did not only come as a matter of time but also as a matter of recognized necessity. The OAU had faced serious structural challenges which impacted negatively on its ability to function effectively and efficiently. There was not an OAU Commission that could make clearly enforceable decisions as the AU has today. More importantly, there was a greater need for effectively addressing the new social, political and economic realities in Africa and for fulfilling the peoples’ aspirations for greater unity in conformity with the objectives of the OAU Charter and the treaty establishing the African Economic Community. Revitalizing the continental organization to enable it take on a more robust and proactive role in addressing the needs of the people; eliminating the scourge of conflict; partnering in meeting global challenges; and harnessing the human and natural resources of the continent to improve living conditions while proving necessary also seemed long overdue.
The structural and functional challenges that the OAU faced sometimes appear understandable because of the fixation of many African leaders at the time with the protection of their countries mostly; newly won independence and securing their territorial limits. However, one of the most significant challenges to the OAU was the imperative of good governance. Many leaders on the continent placed too much emphasis on territorial integrity and non-interference into their countries body polity than the wellbeing of their populations, as an obvious result routinely disregarding the rights and welfare of the peoples for whom the territories in fact exist.
This conceptual framework lacked the foresight to address the real needs and demands of the peoples of the continent and could not long survive. Therefore, it dawned on African Leaders at the 37th OAU Summit in Lusaka, Zambia that there was a need for a departure to a new framework which could revive the continent and address in a comprehensive manner its perennial, contemporary and emerging challenges (The adoption in Lome, Togo of the Constitutive Act of the AU in terms of the Sirte Declaration of 9 September 1999 was the highlight of the 2000 OAU/AEC Assembly of Heads of State and Government and a watershed for continental governance).
The adoption of an historic document which was to become known as the New Partnership for African Development (NEPAD) was a resultant effect of the compelling need for a better conceived and more people-centered approach to continental governance based on the tenets of democracy and good governance.
Nonetheless, while NEPAD expressed goals; Declaration on Democracy, Political, Economic and Corporate Governance have committed participating Member States to an African Peer Review Mechanism (APRM) –which seeks to promote adherence to and fulfillment of its commitments, and to ensure among other things , the rule of law, the equality of all citizens before the law, individual and collective freedoms, the right to participate in free, credible and democratic political processes, and adherence to the separation of powers, there still remains some seriously challenges on the continent considering both the persistence of coups d’états and the bypassing of the democratic and constitutional means of obtaining political power.
The use of terror to press selfish demands such as the case in Mali and Guinea Bissau which have witnessed West Africa’s latest cases of coups d’états have impressed more on the minds of the speedily multiplying African population, the need not only for strong continental security response machineries but also for improved and responsive systems and approaches for dealing with the challenges of health care delivery, education, the rights of women and girls, youth empowerment among others.
The menace of Malaria by itself poses a serious challenge to the continent and takes a huge toll on the populations of African countries each year. It is worrying for the African Leaders Malaria Alliance that Malaria affects approximately 200 million people annually on the Continent and costs Africa at least US$ 12 billion annually in direct cost to development.
As we commemorate the 50th Anniversary of the OAU/AU on May 25, we must bear in mind that we have got yet another platform not just to make grandiose speeches and indulge in the pomp that traditionally attends celebrations of the sort but as a time to soberly review the achievements that we have made as a continental body and the hurdles that remain, and seek to renew our commitments (in practicum) to the framework of the New Partnership for African.
We must work assiduously to promote and uphold Democracy, Political, Economic and Corporate Governance. We must ensure that the rule of law prevails; we must work towards improving the quality of the living standards of our citizens, we must never seize from protecting the individual and collective freedoms of our peoples, we must ensure free, credible and democratic political processes, and protect the separation of governmental power, it is only by doing and ensuring these things that our people will become stronger thus the continent.
Baba Sillah is a Liberian political analyst. He works at the Liberian Ministry of Foreign Affairs.
Wednesday, May 20, 2015
DISCUSSING THE EDUCATION SYSTEM OF LIBERIA IN THE SKY
By Amjad M. Nyei
On an Airbus A380 heading from Beijing to Brussels, after my undergraduate studies in China, I shared the same seat row with a lady from Zimbabwe. This lady sat by the window while I was in the middle seat. She is paranoid about flying and asked me to exchange seat so that the window view won’t make her feel thousands of feet above the ground.
The flight was 7 hours, very long and tiresome. After a brief exchange of pleasantries, she told me her name, Anotida Chikonda and we opened a long conversation. We spoke on variety of subjects: education,business and economy, sports and entertainment and of course a bit of politics. Anotida is a Zimbabwean middle level government official in her late 20s and was heading to another official function in Helsinki, Finland after just participating in a weeklong meeting in Beijing.
As our conversation intensified my “travel companion” paused and asked about my education level and where I have been schooling. I replied, “except for about 2 years of primary education in Freetown, I had all my basic education in Liberia and just about concluding my undergraduate studies in China”. Interestingly, Anotida had just followed that news that all students who wrote the 2013 entrance examination of the University of Liberia failed. So she flattered me by saying “hadn’t it been for your ‘very young look’ I would have thought you are working on a doctorate degree”. Well, I should have actually begun a PhD program as far back as 2010- but factors such as instability and personal choices couldn’t permit. Anotida added that she hope Liberia could one day be like Zimbabwe were young people have very good appetite for seeking knowledge. Not surprisingly, I found out later that Anotida works in the education sector and so we began talking about the possible causes of students’ dismal performance in the UL entrance examination. She asked of my opinion and I outlined the following:
• Lack of Motivation: Students and teachers alike at all levels have lost the taste of academic motivation. Students on their part have found grave interest in other immaterial aspects of life such as: all week day entertainment, alcoholism, sexual relationships and assuming early family responsibilities- most high school students are mother and fathers. On the other hand, teachers do not feel challenged by students anymore- I remember during my days in school Andrew Jallah, Fred Fundo, Muniru Nyei Martina Woto and myself, just to name a few kept teachers on their heels. We made teachers to come to class every morning fully armed intellectually because they knew the strength of their audience. This challenge had long been lost in Liberia and one of the probable causes of bad quality of high school graduates.
• Government Spending and Supervision: It is only in Liberia that the accumulative salaries, allowances and other benefits for legislatures is more than the money allotted in national budget for education in a country that has a huge youth population. Government has to be real on the paradox that it prioritizes of education. You can’t say education is a top priority and yet the money in national budget (2013) is infinitesimal to meet the targeted goal. If vegetable is good for your health as compared to fruit, spend more on the former.
Another issue is the poor supervision of academic activities by the Ministry of Education. MOE has sat back and watched government-run schools go in the drainage and reluctant to come down hard on private schools, especially for keeping tuitions at certain reasonable standards. It is important that MOE set parameters for tuitions in private schools, in view of the fact that some private schools are given subsidies by government. With the sky-rocketed tuition cost, parents are for the most part, finding it very difficult to maintain their kids in school. It has resulted into dropout and early pregnancies and parenthood. To curb these and many more, government has to dispense more money into education and have strict supervision to include monitoring academic performance.
• Corrupt mentality of Students: It is sad when some young people with potential to enrich their minds but will voluntarily act lazy because of connections to people for job hunting. Some depend on the prominence of their parent, “sugar daddies and mommies” and other relations for better paid jobs. Imagine these negative thoughts popping through the minds of young people; it just sickens our society academically. We as young people need to step up our game, be independent and rely on our personal abilities, not that of others. Look deep inside yourself, the hero you looking for lies in you. We should compete in the class room to adequately advance ourselves for the struggle ahead.
In Hong Kong, academic challenge and pressure commences when you are a toddler. Toddlers of about 8-9 months old go through study camps to prepare them for nursery schools interview . Parents want their kids to enter the best nursery school and eventually lead them to the top primary and secondary schools and ultimately high ranked universities. So maybe Liberian students should copy cat the hard work of these toddlers who are not reliant on their parents wealth- Hong Kong is one of the regions in the world with more affluent citizens, billionaires.
After my lengthy opinion of what is unfolding in the Liberian education sector, Anotida thanked me for sharing with her and showed appreciation for my passion for structural reform in our education system. She told me that her country, Zimbabwe, was at similar point until 1980 when education became free and affordable.
Top 5 High rate Literate Countries in Africa
No. Country Rank Literacy Rate
1 Zimbabwe 1 90.70
2 Equatorial Guinea 2 87.00
3 South Africa 3 86.40
4 Kenya 4 85.10
5 Namibia 5 85.00
6 Liberia 34 57.50
Zimbabwe spent about $750Million on education and related matters in 2013 and has got a very vibrant regulatory and supervision policy for quality in both public and private schools. Being number one in terms of number of educated people in Africa, it is not surprising that the Zimbabwean President, Robert Mugabe, is amongst the most educated world leaders rating.
As early as 1967, Zimbabwe had some 91.5% of youth aged between 5-14 years old enrolled in school. Meanwhile, Time Magazine reported in 2008 that in the mid 1990s Zimbabwe National O-Level pass rate was 72%. Liberia on the other hand performs poorly in WAEC every year. The failure rate has been increasing since 2006.
Zimbabwe had had its own problems in recent years due to hyperinflation and economic crisis; this has led to many rural schools closure because of unpaid and or low teachers’ salaries but they still strive to maintain standard.
It seems Anotida Chikonda has been following developments in Liberia since our encounter in the sky. She wrote me regularly during the height of the Ebola Virus Disease epidemic in Liberia. Recently she wrote me on the subject of 10,000 University of Liberia students being placed on academic probation. This news has again pointed to the fact that structural changes in education- increase spending, building motivation and stepping up supervision and evaluation are needed to save Liberia.
It is sad and it’s a shame that 10,000 student at you leading state run university can be on probation but it is also a sign of good leadership by the university’s authority. We hope that this exercise will lead to quality and encourage students to keep focused and spend more time on their studies. May this system also be introduced in other universities and technical institutes to ensure maximum efficiency in our education output.
Amjad M. Nyei is a Liberian student in China, Msc candidate International Economic and Trade. He is a diplomat-in-training and speaks fluent Chinese. Amjad is also studying German as his third foreign language.
On an Airbus A380 heading from Beijing to Brussels, after my undergraduate studies in China, I shared the same seat row with a lady from Zimbabwe. This lady sat by the window while I was in the middle seat. She is paranoid about flying and asked me to exchange seat so that the window view won’t make her feel thousands of feet above the ground.
The flight was 7 hours, very long and tiresome. After a brief exchange of pleasantries, she told me her name, Anotida Chikonda and we opened a long conversation. We spoke on variety of subjects: education,business and economy, sports and entertainment and of course a bit of politics. Anotida is a Zimbabwean middle level government official in her late 20s and was heading to another official function in Helsinki, Finland after just participating in a weeklong meeting in Beijing.
As our conversation intensified my “travel companion” paused and asked about my education level and where I have been schooling. I replied, “except for about 2 years of primary education in Freetown, I had all my basic education in Liberia and just about concluding my undergraduate studies in China”. Interestingly, Anotida had just followed that news that all students who wrote the 2013 entrance examination of the University of Liberia failed. So she flattered me by saying “hadn’t it been for your ‘very young look’ I would have thought you are working on a doctorate degree”. Well, I should have actually begun a PhD program as far back as 2010- but factors such as instability and personal choices couldn’t permit. Anotida added that she hope Liberia could one day be like Zimbabwe were young people have very good appetite for seeking knowledge. Not surprisingly, I found out later that Anotida works in the education sector and so we began talking about the possible causes of students’ dismal performance in the UL entrance examination. She asked of my opinion and I outlined the following:
• Lack of Motivation: Students and teachers alike at all levels have lost the taste of academic motivation. Students on their part have found grave interest in other immaterial aspects of life such as: all week day entertainment, alcoholism, sexual relationships and assuming early family responsibilities- most high school students are mother and fathers. On the other hand, teachers do not feel challenged by students anymore- I remember during my days in school Andrew Jallah, Fred Fundo, Muniru Nyei Martina Woto and myself, just to name a few kept teachers on their heels. We made teachers to come to class every morning fully armed intellectually because they knew the strength of their audience. This challenge had long been lost in Liberia and one of the probable causes of bad quality of high school graduates.
• Government Spending and Supervision: It is only in Liberia that the accumulative salaries, allowances and other benefits for legislatures is more than the money allotted in national budget for education in a country that has a huge youth population. Government has to be real on the paradox that it prioritizes of education. You can’t say education is a top priority and yet the money in national budget (2013) is infinitesimal to meet the targeted goal. If vegetable is good for your health as compared to fruit, spend more on the former.
Another issue is the poor supervision of academic activities by the Ministry of Education. MOE has sat back and watched government-run schools go in the drainage and reluctant to come down hard on private schools, especially for keeping tuitions at certain reasonable standards. It is important that MOE set parameters for tuitions in private schools, in view of the fact that some private schools are given subsidies by government. With the sky-rocketed tuition cost, parents are for the most part, finding it very difficult to maintain their kids in school. It has resulted into dropout and early pregnancies and parenthood. To curb these and many more, government has to dispense more money into education and have strict supervision to include monitoring academic performance.
• Corrupt mentality of Students: It is sad when some young people with potential to enrich their minds but will voluntarily act lazy because of connections to people for job hunting. Some depend on the prominence of their parent, “sugar daddies and mommies” and other relations for better paid jobs. Imagine these negative thoughts popping through the minds of young people; it just sickens our society academically. We as young people need to step up our game, be independent and rely on our personal abilities, not that of others. Look deep inside yourself, the hero you looking for lies in you. We should compete in the class room to adequately advance ourselves for the struggle ahead.
In Hong Kong, academic challenge and pressure commences when you are a toddler. Toddlers of about 8-9 months old go through study camps to prepare them for nursery schools interview . Parents want their kids to enter the best nursery school and eventually lead them to the top primary and secondary schools and ultimately high ranked universities. So maybe Liberian students should copy cat the hard work of these toddlers who are not reliant on their parents wealth- Hong Kong is one of the regions in the world with more affluent citizens, billionaires.
After my lengthy opinion of what is unfolding in the Liberian education sector, Anotida thanked me for sharing with her and showed appreciation for my passion for structural reform in our education system. She told me that her country, Zimbabwe, was at similar point until 1980 when education became free and affordable.
Top 5 High rate Literate Countries in Africa
No. Country Rank Literacy Rate
1 Zimbabwe 1 90.70
2 Equatorial Guinea 2 87.00
3 South Africa 3 86.40
4 Kenya 4 85.10
5 Namibia 5 85.00
6 Liberia 34 57.50
Zimbabwe spent about $750Million on education and related matters in 2013 and has got a very vibrant regulatory and supervision policy for quality in both public and private schools. Being number one in terms of number of educated people in Africa, it is not surprising that the Zimbabwean President, Robert Mugabe, is amongst the most educated world leaders rating.
As early as 1967, Zimbabwe had some 91.5% of youth aged between 5-14 years old enrolled in school. Meanwhile, Time Magazine reported in 2008 that in the mid 1990s Zimbabwe National O-Level pass rate was 72%. Liberia on the other hand performs poorly in WAEC every year. The failure rate has been increasing since 2006.
Zimbabwe had had its own problems in recent years due to hyperinflation and economic crisis; this has led to many rural schools closure because of unpaid and or low teachers’ salaries but they still strive to maintain standard.
It seems Anotida Chikonda has been following developments in Liberia since our encounter in the sky. She wrote me regularly during the height of the Ebola Virus Disease epidemic in Liberia. Recently she wrote me on the subject of 10,000 University of Liberia students being placed on academic probation. This news has again pointed to the fact that structural changes in education- increase spending, building motivation and stepping up supervision and evaluation are needed to save Liberia.
It is sad and it’s a shame that 10,000 student at you leading state run university can be on probation but it is also a sign of good leadership by the university’s authority. We hope that this exercise will lead to quality and encourage students to keep focused and spend more time on their studies. May this system also be introduced in other universities and technical institutes to ensure maximum efficiency in our education output.
Amjad M. Nyei is a Liberian student in China, Msc candidate International Economic and Trade. He is a diplomat-in-training and speaks fluent Chinese. Amjad is also studying German as his third foreign language.
Friday, May 1, 2015
What do the people want? Demands for expansion of rights and a Christian state through constitutional reform in Liberia
The most comprehensive review of the 1986 Constitution of Liberia is coming close to its final stage with the completion of the Constitutional Conference in Gbarnga, where delegates from across the country reviewed and voted on issues to be addressed through constitutional reform. Since the promulgation of the 1986 Constitution, the Gbarnga Conference and the extensive consultation process leading to it have formed the most comprehensive public debate on the Constitution. For the first time, Liberians have engaged on the constitution from all walks of life. Even though the Conference had no legal authority to make binding decisions on the constitution, it engaged a mosaic of Liberians from different regions and sectors. Read more...
TOLERANCE IS THE ONLY WAY FORWARD FOR LIBERIA
Amjad M. Nyei
Europe in the 1600s recognized it regressions and unwanted division was because of religious differences- in their case, same religion in principle but different doctrines. This is what led to the Westphalia Treaty, 1618-1848. Westphalia united Europe and ironed their religious differences in a way no emperor or king was able. At that time in Europe you have Catholics against Presbyterians, Lutherans antagonizing Methodist and the likes of many of those kinds of wrangling if you will. But let us ask ourselves. What has come out of Europe today? Four in the world’s top ten peaceful countries are European states; Europe has in addition, more countries ranking high in the world happiness index survey. On top of these, Europe is one of the world’s largest economic zones with an integration of 28 countries, clearly trashing out political, religious and social differences. This is how strong Europe has become today.
Religion is a belief on which people measure the standard of their ethics. It sharpens and gives direction to the way people think and most importantly a reservoir of hope and spiritual deliverance. Therefore people take their religion very sacrosanct and others must show at least some degree of respect. The world’s hotspot trouble regions today have a religious undertone, if you will; religion is the latent cause of their sufferings. Belfast in Northern Ireland, Yemen, and part of Iraq and Syria are examples of how religious disputes should be avoided length particularly in Liberia.
I laughed at the news of a certain group in Liberian, namely, the delegates at the Conference organized by the Constitution Review Committee, voting in favor of a proposal to Christianize Liberia- even though without a clear definition. Initially the idea was laughable but reflecting on the premise I just told, a spare hit me in the chest for fear of the Mother Land. I acknowledge that it is a smart idea for a country to decide or outline plans of action and direction the country should proceed. What Liberia needs most is not immaterial issue(s) that will divide us the more; Liberia rather needs real deals, for instance, “Five Years Economic Plan”, “Five Years Education Plan”, or “Five Years Foreign Relations Plan”. This is what other civilized societies do, China for example.
It is hard for me to imagine that we will remain to be the architect of our own failure. We are not through with wiping off the tears Ebola put on our face and here are we trying to inflict more injury on our self. The proposers of this divisive idea must know or agree with me that Christian state or Secular state, Liberia has still got to face its real “Kilimanjaro size” problems in education, health, infrastructure and employment.
The Muslim community is regarded a minority but I want to get the language right. Minority according the Merriam-Webster Dictionary is the group that is the smallest part of a large group. Be reminded that Liberia has a percentage of traditional believers and group of non believers (religion less) which if put together is less than half the number of Muslims. The idea that the Muslims community is a minority is therefore preposterous and baseless.
Oh dear! I am a very private man, mostly keep away from the public domain but I have decided to come public on this because I feel a deep responsibility for our unborn generation. Bad things happen when good people remain silent and so this is the time I spoke with my heart on my sleeve. Not only that I am a private man I am also very tolerant, a man who believes in the existence of God in all true religion. I did part of my primary education in Freetown- at the King Hammar Preparatory School, a school firm in the Christian faith. I eventually graduated from the Seventh Day Adventist, a very respectable group of Christian believers. I attended Sabbath Services on couple of occasions and attended Chapel Services every Monday morning. Never mind, I was unwavering to my Islamic upbringing and still believe strongly in the “Loneliness of God” and that Muhammed (SHW) is his messenger and I performed my daily swalate (prayers). This is the kind of Liberia we dream about, the kind of Liberia that will bring unity and prosperity.
I learned one thing from Sierra Leone even at my teenage and I instantly knew it was something right and honorable. Sierra Leone is a very religious tolerant country in fact it ranks number one in Africa. I saw Non Muslims dress modestly during Ramadan, being cautious not to alter abusive language or eat before a Muslim who is fasting; all these to try as much as possible to show respect to their compatriots.
Contrarily, in Liberia, Ramadan is the month of dirtiness- many Liberians will say the Madingo people are about to be spitting all around. This is a shame. Liberia must grow. We have been silent for too long, that is why our religious
festivities are not recognized or given a holiday. We say keep your holiday! We been silent too long, that is why we have been mocked at and disrespected. We say keep your respect. We been silent too long, that is why number of Muslims in the cabinet is easily counted. We say keep your jobs. We have been referred to as Guineans and aliens. We say introduce the National ID System.
Oh dear! We stand united, firm peaceful and resolute that this proposal ( or whatever it might be termed) disguised to marginalize us further will be killed in parliament and a national memorial service be held to bury it six feet deep in the Central Street Grave Yard.
All Hail Liberia Hail!!!!! All Hail Liberia!!!!!!! All Hail Liberia Hail!!!!! All Hail Liberia Hail!!
Religion is a belief on which people measure the standard of their ethics. It sharpens and gives direction to the way people think and most importantly a reservoir of hope and spiritual deliverance. Therefore people take their religion very sacrosanct and others must show at least some degree of respect. The world’s hotspot trouble regions today have a religious undertone, if you will; religion is the latent cause of their sufferings. Belfast in Northern Ireland, Yemen, and part of Iraq and Syria are examples of how religious disputes should be avoided length particularly in Liberia.
I laughed at the news of a certain group in Liberian, namely, the delegates at the Conference organized by the Constitution Review Committee, voting in favor of a proposal to Christianize Liberia- even though without a clear definition. Initially the idea was laughable but reflecting on the premise I just told, a spare hit me in the chest for fear of the Mother Land. I acknowledge that it is a smart idea for a country to decide or outline plans of action and direction the country should proceed. What Liberia needs most is not immaterial issue(s) that will divide us the more; Liberia rather needs real deals, for instance, “Five Years Economic Plan”, “Five Years Education Plan”, or “Five Years Foreign Relations Plan”. This is what other civilized societies do, China for example.
It is hard for me to imagine that we will remain to be the architect of our own failure. We are not through with wiping off the tears Ebola put on our face and here are we trying to inflict more injury on our self. The proposers of this divisive idea must know or agree with me that Christian state or Secular state, Liberia has still got to face its real “Kilimanjaro size” problems in education, health, infrastructure and employment.
The Muslim community is regarded a minority but I want to get the language right. Minority according the Merriam-Webster Dictionary is the group that is the smallest part of a large group. Be reminded that Liberia has a percentage of traditional believers and group of non believers (religion less) which if put together is less than half the number of Muslims. The idea that the Muslims community is a minority is therefore preposterous and baseless.
Oh dear! I am a very private man, mostly keep away from the public domain but I have decided to come public on this because I feel a deep responsibility for our unborn generation. Bad things happen when good people remain silent and so this is the time I spoke with my heart on my sleeve. Not only that I am a private man I am also very tolerant, a man who believes in the existence of God in all true religion. I did part of my primary education in Freetown- at the King Hammar Preparatory School, a school firm in the Christian faith. I eventually graduated from the Seventh Day Adventist, a very respectable group of Christian believers. I attended Sabbath Services on couple of occasions and attended Chapel Services every Monday morning. Never mind, I was unwavering to my Islamic upbringing and still believe strongly in the “Loneliness of God” and that Muhammed (SHW) is his messenger and I performed my daily swalate (prayers). This is the kind of Liberia we dream about, the kind of Liberia that will bring unity and prosperity.
I learned one thing from Sierra Leone even at my teenage and I instantly knew it was something right and honorable. Sierra Leone is a very religious tolerant country in fact it ranks number one in Africa. I saw Non Muslims dress modestly during Ramadan, being cautious not to alter abusive language or eat before a Muslim who is fasting; all these to try as much as possible to show respect to their compatriots.
Contrarily, in Liberia, Ramadan is the month of dirtiness- many Liberians will say the Madingo people are about to be spitting all around. This is a shame. Liberia must grow. We have been silent for too long, that is why our religious
festivities are not recognized or given a holiday. We say keep your holiday! We been silent too long, that is why we have been mocked at and disrespected. We say keep your respect. We been silent too long, that is why number of Muslims in the cabinet is easily counted. We say keep your jobs. We have been referred to as Guineans and aliens. We say introduce the National ID System.
Oh dear! We stand united, firm peaceful and resolute that this proposal ( or whatever it might be termed) disguised to marginalize us further will be killed in parliament and a national memorial service be held to bury it six feet deep in the Central Street Grave Yard.
All Hail Liberia Hail!!!!! All Hail Liberia!!!!!!! All Hail Liberia Hail!!!!! All Hail Liberia Hail!!
Tuesday, March 17, 2015
Lack of Money or Lack of Political Will: What is Stalling Constitutional Reform in Liberia?
Ibrahim Al-bakri Nyei
It is nearly three years now since Liberia’s constitutional review process was launched with the establishment of the Constitution Review Committee (CRC) by the President. It came after several demands for constitutional reform towards more inclusive and participatory governance. In addition, there seems to be a consensus among Liberian technocrats and international development partners that the extant legal framework – the constitution and age-old pieces of legislation, for example, laws on land ownership, citizenship, or local government - do not support proposed reform measures intended to strengthen democracy, good governance and peace. Read More...
It is nearly three years now since Liberia’s constitutional review process was launched with the establishment of the Constitution Review Committee (CRC) by the President. It came after several demands for constitutional reform towards more inclusive and participatory governance. In addition, there seems to be a consensus among Liberian technocrats and international development partners that the extant legal framework – the constitution and age-old pieces of legislation, for example, laws on land ownership, citizenship, or local government - do not support proposed reform measures intended to strengthen democracy, good governance and peace. Read More...
Friday, December 19, 2014
Maintaining constitutional and political stability in the context of crisis: Liberia’s challenge
Thanks to concerted domestic efforts backed by international goodwill, the rate of Ebola infections in Liberia has dropped considerably in recent weeks. A Ministry of Health situation report suggests that less than 200 persons are currently in treatment centers either as suspected, probable or confirmed cases. This represents a significant improvement compared with the situation in September when nearly 500 persons were admitted with over a hundred others flooding to hospitals. Yet, authorities insist—and perhaps rightly so—that this positive development must not breed complacency—at least not before the disease is completely eradicated from the country. Read More
Friday, December 5, 2014
Election or No Election: Another Hard Test for the Liberian Constitution
Since the return to civilian democratic rule there have been numerous crises of constitutional
ambiguities on key political and governance issues. These crises continue to cast doubt on the usefulness of the Constitution to Liberia’s postwar challenges, and in some instances, have gravely impacted public policy. From the appointing powers of the president to residential requirement of candidates for electoral offices, the Constitution has gone through numerous crises of interpretation. The latest crises have been the use of emergency powers, which I wrote on elsewhere and the proposed curtailment of range of fundamental rights by the President in response to the Ebola crisis. On November 28, 2014, what appears as the beginning of another major political and constitutional crisis began when the Supreme Court issued a Stay Order on the holding of Senatorial Elections set for December 16, 2014. This piece is particularly about this election and how it has exposed Liberia’s perennial crisis with its current constitution.
The Senate Election was initially scheduled for October 14, 2014 as per the Constitution, and by July 2014, political parties and independent aspirants had gone well into canvassing for support in the various counties. Sadly, the Ebola Virus that hit the country in March reached a crisis proportion in July devouring everything along the way from ordinary citizens and politicians to health personnel and health infrastructures. Stringent measures to contain the spread required both constitutional and extra-constitutional measures. This led to the declaration of a State of Emergency and restrictions on free speech and freedom of movement during certain times of the night.
The State of Emergency equally affected the holding of elections and the elections were therefore postponed indefinitely. As the government and international partners mobilized sufficiently against the virus, rate of infection reduced drastically by end of October and the panic began to wear away. Consequently the election was set for December 16 by the Legislature.
Does the Legislature or any branch of government have the authority to set a date for a process whose Constitutionally-scheduled time had passed? What become of the Senate in the wake of a potential power vacuum were elections not held by January 15? These are the questions at the center of the current constitutional crisis in Liberia instigated by the outbreak of the Ebola Virus disease.
As any major political issue, opinion is highly divided on this one. While some are proffering legal arguments against the election, others attach strong emotional sentiments on accounts that people are still dying and that saving lives is better than avoiding a constitutional crisis.
A group of citizens under the banner of ‘eminent citizens’ along with two political parties have condemned the process and prayed to the Supreme Court for a prohibition. They argue that the virus is still prevalent and that holding elections under such conditions would be unconstitutional, un-free and unfair, and that the legislature and no other branch of government have power to set a date for election.
The injunction on the election by the Supreme Court just 18 days to the polls has therefore exposed another weakness of the Constitution of Liberia that over the years continues to go under numerous tests for clarity including a referendum in less than ten years. While the petitioners’ claim that no institution has the authority to set an election date might hold legal waters, there call for a ‘sovereign national conference’ to decide such a date appears even more controversial and unconstitutional. Holding a national conference would as much require huge crowds and political activities just as holding elections would. Both events therefore seem counterproductive to the fight against Ebola.
Perhaps this ‘sovereign national conference’ was needed in 2003 immediately after the war to chart a new course for the country beyond what a handful of warlords and politicians dictated in the Accra Comprehensive Peace Agreement.
On the other side of the debate are 14 political parties (including the major parties) and some public intellectuals who support the conduct of the elections and do not see any constitutional violation with the setting of date. The parties argue that the date of December 16 was set after broader consultations with all political and civic actors. Whether elections are held or not, leaders of these parties continue to benefit from the weaknesses of Liberia’s political and economic governance systems that find roots in the current constitution, and elections have only been used to legitimize their control of the body-polity. None has over the years made strong cases for constitutional reform or alternative public policies that promote the redistribution of power, wealth and authority in Liberia.
This debate continues to deepen and the Supreme Court’s Stay Order is still in place as legal teams are preparing for a show down soon. At the moment no one can easily predict the outcome of the hearings, but one thing remains clear from the ongoing standoff: The fate of the election to replace fifteen Senators whose tenure expires on January 15 remains gloomy. Political and civic actors and Liberia’s international partners will have to step up and strategize for a peaceful handling of a potential crisis that has no precedence in contemporary Liberian political history.
What are the provisions of the Constitution for business of the Senate in the absence of half of its members, and would there be a power vacuum were elections not held by January 15? Again these are hard questions challenging the usefulness of the constitution of Liberia to the country’s contemporary problems.
Under Article 33 of the Constitution a simple majority of each House (Senate or Representatives) is required to transact any business. Anything below a simple majority cannot constitute a quorum, thus the Constitution instructs each House to compel members to attend. The current situation means only 15 Senators would be in the House of Senate were elections not held nationwide by January 15, and clearly this figure is one person short of a quorum for transaction of business in the Senate. Thus the potential for a power vacuum in Liberia come January 2015 is imminent.
In previous cases – particularly during the civil war - Liberian stakeholders, mostly warlords and politicians resorted to the formation of transitional administration and transitional assemblies to address intermittent power vacuums. The current case is different and unprecedented as there is no civil war and a constitutional government is well in place. Stakeholders in this case are not limited to warlords and leaders of political parties, but all Liberians of voting age. In addition, many Liberians are weary of such ad hoc transitional arrangements as they represent abnormalities and usually marred by widespread fraud and mismanagement of public resources.
What then can be done in the ongoing crises? Proposals abound daily on the way forward, but the lesson taught in this case like in previous cases of ambiguity over the constitution, is that the current Constitution of Liberia has outlived its usefulness, and like any postwar country, constitutional reform in Liberia remains urgent.
Finally, the argument here is not that a new constitution is a cure for constitutional crises, which are parts of processes of competitive democracy, and Liberia is not the only country that experiences such crises. All free societies do. But what is a common and best practice is that after protracted civil wars or political instabilities, laws and constitutions are reformed to address the anomalies that incite conflicts. Liberia started its Constitution reform exercise nine years after the war (in 2012) and continues to drag in bureaucratic channels. As this review process continues, these issues, particularly those exposed by the outbreak of the Ebola virus – state failure on constitutional responsibilities, use of emergency powers, electoral issues, and limits of powers of the legislature – are hard lessons for Liberians around which perhaps a ‘sovereign national conference’ is needed when the dusts on Senate elections are settled.
In the Cause of Democracy and Social Justice the Pen Shall Never Run Dry
The Senate Election was initially scheduled for October 14, 2014 as per the Constitution, and by July 2014, political parties and independent aspirants had gone well into canvassing for support in the various counties. Sadly, the Ebola Virus that hit the country in March reached a crisis proportion in July devouring everything along the way from ordinary citizens and politicians to health personnel and health infrastructures. Stringent measures to contain the spread required both constitutional and extra-constitutional measures. This led to the declaration of a State of Emergency and restrictions on free speech and freedom of movement during certain times of the night.
The State of Emergency equally affected the holding of elections and the elections were therefore postponed indefinitely. As the government and international partners mobilized sufficiently against the virus, rate of infection reduced drastically by end of October and the panic began to wear away. Consequently the election was set for December 16 by the Legislature.
Does the Legislature or any branch of government have the authority to set a date for a process whose Constitutionally-scheduled time had passed? What become of the Senate in the wake of a potential power vacuum were elections not held by January 15? These are the questions at the center of the current constitutional crisis in Liberia instigated by the outbreak of the Ebola Virus disease.
As any major political issue, opinion is highly divided on this one. While some are proffering legal arguments against the election, others attach strong emotional sentiments on accounts that people are still dying and that saving lives is better than avoiding a constitutional crisis.
A group of citizens under the banner of ‘eminent citizens’ along with two political parties have condemned the process and prayed to the Supreme Court for a prohibition. They argue that the virus is still prevalent and that holding elections under such conditions would be unconstitutional, un-free and unfair, and that the legislature and no other branch of government have power to set a date for election.
The injunction on the election by the Supreme Court just 18 days to the polls has therefore exposed another weakness of the Constitution of Liberia that over the years continues to go under numerous tests for clarity including a referendum in less than ten years. While the petitioners’ claim that no institution has the authority to set an election date might hold legal waters, there call for a ‘sovereign national conference’ to decide such a date appears even more controversial and unconstitutional. Holding a national conference would as much require huge crowds and political activities just as holding elections would. Both events therefore seem counterproductive to the fight against Ebola.
Perhaps this ‘sovereign national conference’ was needed in 2003 immediately after the war to chart a new course for the country beyond what a handful of warlords and politicians dictated in the Accra Comprehensive Peace Agreement.
On the other side of the debate are 14 political parties (including the major parties) and some public intellectuals who support the conduct of the elections and do not see any constitutional violation with the setting of date. The parties argue that the date of December 16 was set after broader consultations with all political and civic actors. Whether elections are held or not, leaders of these parties continue to benefit from the weaknesses of Liberia’s political and economic governance systems that find roots in the current constitution, and elections have only been used to legitimize their control of the body-polity. None has over the years made strong cases for constitutional reform or alternative public policies that promote the redistribution of power, wealth and authority in Liberia.
This debate continues to deepen and the Supreme Court’s Stay Order is still in place as legal teams are preparing for a show down soon. At the moment no one can easily predict the outcome of the hearings, but one thing remains clear from the ongoing standoff: The fate of the election to replace fifteen Senators whose tenure expires on January 15 remains gloomy. Political and civic actors and Liberia’s international partners will have to step up and strategize for a peaceful handling of a potential crisis that has no precedence in contemporary Liberian political history.
What are the provisions of the Constitution for business of the Senate in the absence of half of its members, and would there be a power vacuum were elections not held by January 15? Again these are hard questions challenging the usefulness of the constitution of Liberia to the country’s contemporary problems.
Under Article 33 of the Constitution a simple majority of each House (Senate or Representatives) is required to transact any business. Anything below a simple majority cannot constitute a quorum, thus the Constitution instructs each House to compel members to attend. The current situation means only 15 Senators would be in the House of Senate were elections not held nationwide by January 15, and clearly this figure is one person short of a quorum for transaction of business in the Senate. Thus the potential for a power vacuum in Liberia come January 2015 is imminent.
In previous cases – particularly during the civil war - Liberian stakeholders, mostly warlords and politicians resorted to the formation of transitional administration and transitional assemblies to address intermittent power vacuums. The current case is different and unprecedented as there is no civil war and a constitutional government is well in place. Stakeholders in this case are not limited to warlords and leaders of political parties, but all Liberians of voting age. In addition, many Liberians are weary of such ad hoc transitional arrangements as they represent abnormalities and usually marred by widespread fraud and mismanagement of public resources.
What then can be done in the ongoing crises? Proposals abound daily on the way forward, but the lesson taught in this case like in previous cases of ambiguity over the constitution, is that the current Constitution of Liberia has outlived its usefulness, and like any postwar country, constitutional reform in Liberia remains urgent.
Finally, the argument here is not that a new constitution is a cure for constitutional crises, which are parts of processes of competitive democracy, and Liberia is not the only country that experiences such crises. All free societies do. But what is a common and best practice is that after protracted civil wars or political instabilities, laws and constitutions are reformed to address the anomalies that incite conflicts. Liberia started its Constitution reform exercise nine years after the war (in 2012) and continues to drag in bureaucratic channels. As this review process continues, these issues, particularly those exposed by the outbreak of the Ebola virus – state failure on constitutional responsibilities, use of emergency powers, electoral issues, and limits of powers of the legislature – are hard lessons for Liberians around which perhaps a ‘sovereign national conference’ is needed when the dusts on Senate elections are settled.
In the Cause of Democracy and Social Justice the Pen Shall Never Run Dry
Thursday, October 30, 2014
Renegotiating rural land rights through constitutional reform in Liberia
Chapter Three of Liberia’s current Constitution (which came into force in 1986) contains a wide range of fundamental rights for citizens. Amongst them is the right to own property. Under Article 22(a), ‘…every person shall have the right to own property alone as well as in association with others.’ Read more...
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