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!!

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...

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

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

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...

When constitutions and the state fail us: lessons from Ebola

In March 2014 the deadly Ebola epidemic that broke out in a remote forest region in Guinea spilled over into neighboring Liberia. By July, it had swept through Monrovia and many other counties infecting nearly 2000 and the death toll—which continues to rise as I write— has exceeded 1000. The country has come to a standstill. Senate elections which were due for October have been postponed until December. On the economic front, increasing border closures with Liberia is negatively affecting trade flows, especially food imports. The Government’s shut-down of vast areas of the country to curb the spread of the disease is driving down domestic food production. These measures are driving up prices for basic food commodities, in some cases by almost 150 percent according to an FAO alert. Read more

Liberia’s constitutional review process: why it matters to women

Ibrahim Al-bakri Nyei

Compared to most of its contemporaries across Africa, Liberia, historically, has stood at the forefront of women’s political emancipation. In 1946 Liberian women gained suffrage to vote and participate in public elections, making it one of only six African countries, including Cameroon, South Africa, Senegal, Togo, and Djibouti to have granted women the franchise as far back as the mid-twentieth century. It placed women at the highest echelon of the peace negotiation process for their role in mediating the warring factions during the violent conflict; it was the first African country to elect a woman as President. Women have also held key positions in government ranging from heading key ministries like the Justice Ministry to heading the Constitutional Review Commission (CRC). Read More

Constitutional Reform in Postwar Liberia – Key issues and actors

Ibrahim Al-bakri Nyei

Liberia’s return to constitutional democracy in 2006 presented opportunities for a new beginning after years of political and violent crises during which over 250,000 persons were killed. The new government, inaugurated in 2006, initiated programs of reforms in almost all sectors including right-sizing and strengthening the civil service, rationalizing and capacitating public institutions, reorganizing the security institutions, and transforming the economy among others. Ten years after the return to peace, constitutional reform has emerged as the key reform program. What is driving the review process? How is this likely to strengthen Liberia’s constitutional democracy? Read More

Toward Security Sector Decentralization: Liberia's County Security Councils and Regional Hubs

Ibrahim Al-bakri Nyei

This Article was originally published SSR Resource Center blog at http://www.ssrresourcecentre.org/2014/03/28/toward-security-sector-decentralization-liberias-county-security-councils-and-regional-hubs/

Liberia’s political centralization has only resulted in limited access to basic services in most parts of the country, including justice and security. However, recent efforts at security sector reform in Liberia have entailed a process of decentralizing the national security architecture, involving the establishment of local security councils and regional hubs. This piece provides an overview on security governance in Liberia, and how local councils and hubs are contributing to decentralization in the security sector.


The concept of security sector governance broadly refers to the governance arrangements in which the country’s security sector is organized, administered, and under which personnel operate. In Liberia, the security sector is the collection of the Ministry of National Defense, the Ministry of National Security, and the Ministry of Justice, and their associated agencies.

Part of the problem in Liberia’s security sector governance lie in the fact that national laws provide for a centralized security governance regime, in which the overconcentration of power at the presidency results in imperial and personalized control over the security agencies. In such a centralized control system, security agencies are used to promote the personal agenda of the president or sitting regime. This pattern of authority relations in the state and army can be described as ‘patrimonial,’ in which networks of patrons and clients dominate the security agencies. Since the end of Liberia’s civil war, not much has been done to reduce such presidential control over military and paramilitary security agencies in the country.

As it stands, overall policy coordination of the security sector in Liberia lies with the National Security Council, headed by the President of Liberia. This council is comprised of key ministries with security and internal political functions like the Ministries of Justice, Defense, and Internal Affairs. The Constitution of Liberia (1986) and subsequent legislation keep the President of Liberia at the center of those agencies, with the power to appoint and dismiss civilian official such as Ministers, Directors, and senior military and paramilitary officials and officers. While key internal security agencies like the Liberia National Police, Bureau of Immigration and Naturalization, and the National Bureau of Investigation function under the Ministry of Justice, it is still the President that appoints heads of those agencies and retains control over them.

A thorough process of decentralization has not yet taken place in Liberia’s governance reform since the return to civilian democratic rule in 2006. A National Policy on Decentralization and Local Governance has been adopted with the aim of devolving some political, fiscal, and administrative powers to local government units. However, decision-making authority and command structures of the security agencies will continue to be centralized in Monrovia.

This will have an impact on local coordination, since the heads of security and law enforcement agencies have no reporting relationships with local county officials. For instance, at a local level, the Joint Security comprises all of the security agencies in a county, including the Liberia National Police, Bureau of Immigration, National Security Agency, National Bureau of Investigation, and the Drug Enforcement Agency. These agencies report to the County Attorney, who serves as Chair of the Joint Security but is appointed by the Ministry of Justice.

But some modest steps towards decentralization are taking place – the most important being the establishment of local branches of central agencies that are limited to administrative or implementing powers, rather than powers to make decisions or even to run autonomous operational budgets. Two of those ‘shadow’ decentralization efforts include the establishment of County Security Councils and the construction of security and justice hubs in the regions.

The County Security Council (CSC) is the local county version of the National Security Council, which has responsibility for overall policy coordination of national security. Chaired by the Superintendent in each county, the CSC is composed of the county heads of the Police, Immigration, the National Security Agency, and the Liberia National Fire Services, as well as other civilian authorities including the paramount, clan, and town chiefs. Unlike the Joint Security, this council reports to the Minister of Internal Affairs who also sits on the National Security Council.

The creation of a CSC in each county is a guiding principle of Liberia’s postwar national security objectives. The local councils are part of the national peace-building efforts to ensure security and peace coordination at the levels of the counties and the districts. The CSC is coordinated through a multifaceted platform with government, civil society, and other local stakeholders acting together, and they are not only responsible for physical security but also act as a mechanism for disaster and crisis management. Through the CSC, civilian players can participate in decision making processes in the security sector. This facilitate a process in which national security policies are informed by both physical security issues and more human-related ones, from socio-economic to disaster management.[1]

Since the launch of the County Security Mechanism in December 2009, only five CSCs have been launched to date in Montserrado, Nimba, Lofa, Grand Gedeh, and River Gee Counties. All of them are gravely constrained by challenges in financial resources, technical capacity and human resources, which have made it difficult to expand into the remaining ten counties.[2]

In 2013, the Government of Liberia also launched a Regional Justice and Security Hub in north central Liberia (Gbarnga), which brings together multiple law enforcement or criminal justice actors in a single location. There are plans to launch additional four hubs in other regions. These centres represent a decentralization of the operational functions of Liberia national security and justice institutions. As justice and security institutions are scarce in rural Liberia, the hubs represent an opportunity for local county residents to access justice and security services. The main objectives of the hubs are infrastructural and logistical support to justice and security institutions, strengthening capacity of personnel, and ensuring a responsive justice and security sector. When fully operational, local county units of security agencies will therefore have additional supports closer to them for reinforcement, logistics, and advice.

The Gbarnga Hub, the only one operational so far, is intended to serve Bong (the host), Nimba, and Lofa Counties. It brings the court, immigration, police and correction and prosecution services in one location, thereby speeding up criminal justice proceedings. While a good model for criminal justice cooperation, it in no way interferes with the separation of power and the system of check and balances between the three branches of government. Each agency functions under its own statutory mandate.

The CSC and regional hubs represent a good model for decentralization of the security sector in the post-United Nations Mission (UNMIL) era in Liberia. Yet more needs to be done in the areas of law and institutional reforms to ensure that governance of the security sector is democratic and under civilian control. The opportunity for this lies in the ongoing constitutional review process, which needs to consider the issue of reducing the powers of the president in appointing key security officials. Civilian oversight boards can do better in overseeing these institutions and ensuring their heads are democratically accountable.

Finally, the challenges of security sector governance in Liberia have been linked to issues of capacity particularly in trained personnel and limited financial resources. For programs like the CSCs and the hubs to be sustained will require full ownership and financial support from the Government of Liberia as the withdrawal of donor funding in the medium or long term might gravely impact their functioning.