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Liberia

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Governance & legal system

International and regional organisations

Liberia collaborates with regional organizations like the AU, ECOWAS, MRU and UNHCR to address refugee affairs and provide support to those in need.

 

1. African Union (AU)

The African Union is a continental union comprising 55 member states located on the continent of Africa. You can view the list of AU member states here.

The AU has developed frameworks and policies such as the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, which expands the definition of refugees and provides guidelines for their protection and assistance.

 

2. Economic Community of West African States (ECOWAS)

ECOWAS is a regional political and economic union of fifteen countries located in West Africa. You can view the list of ECOWAS member states here.

ECOWAS has protocols and frameworks that address the free movement of persons, the right of residence, and the right of establishment. These protocols indirectly affect refugee management by promoting cooperation among member states in handling migration and displacement issues.

Major Features of the Protocol and Four Supplementary Protocols on the Free Movement of Persons, Residence, and Establishment in ECOWAS (Adepoju, Aderanti, Alistair Boulton, and Mariah Levin. "Promoting integration through mobility: Free movement under ECOWAS." Refugee Survey Quarterly 29.3 (2010): 120-144.):

  1. 1979 Protocol A/P.1/5/79 Relating to Free Movement of Persons, Residence, and Establishment
    • Establishes the right for Community citizens to enter, reside, and establish in the territory of member states.
    • Implemented in three phases over 15 years:
      1. Right of entry and abolition of visas (Article 2).
      2. Right of residence (Article 7).
      3. Right of establishment (Article 13).
    • Defines entry without a visa for a stay not exceeding 90 days, provided they have valid travel documents and health certificates (Article 3).
    • Allows member states to refuse admission on grounds of public order, public security, or public health (Article 4).
    • Outlines conditions under which expulsion can occur (Article 11).
  2. 1985 Supplementary Protocol A/SP.1/7/85 on the Code of Conduct for the Implementation of the Protocol on Free Movement of Persons, the Right of Residence, and Establishment
    • Requires member states to issue valid travel documents to their citizens (Article 2).
    • Details the types of travel documents to be provided (Article 3).
    • Specifies the procedures for the expulsion of persons, ensuring fair treatment (Article 4).
    • Lists protections against illegal immigration (Articles 5 and 7).
  3. 1986 Supplementary Protocol A/SP.1/7/86 on the Second Phase (Right of Residence)
    • Allows Community citizens to reside in member states and take up income-earning employment (Article 2).
    • Requires possession of an ECOWAS Residence Card or Permit (Article 5).
    • Ensures equal treatment with nationals of the host member states regarding employment rights and tax regulations (Article 10).
    • Emphasizes non-discrimination and protection against expulsion (Articles 13 and 15).
    • Stipulates compensation for unjust expulsion (Article 16).
  4. 1989 Supplementary Protocol A/SP.1/6/89 Amending and Complementing the Provisions of Article 7 of the Protocol on Free Movement of Persons, Right of Residence, and Establishment
    • Amends the 1979 Protocol to clarify and enhance dispute resolution mechanisms regarding the interpretation and application of the Protocol (Articles 1 and 2).
  5. 1990 Supplementary Protocol A/SP.2/5/90 on the Implementation of the Third Phase (Right of Establishment)
    • Clarifies the right of establishment, ensuring non-discriminatory treatment of nationals and companies of other member states (Article 2).
    • Prohibits discriminatory practices against established businesses and requires fair compensation for any such actions (Article 7).

       

3. Mano River Union (MRU)

The MRU is an international association established in 1973 between Liberia, Sierra Leone, Guinea, and later joined by Côte d'Ivoire, aiming to foster economic cooperation and integration. You can view the overview and history of the MRU here.

The MRU focuses on regional peace and security, which includes addressing issues related to refugees and internally displaced persons (IDPs) through collaborative efforts to stabilize and develop the region.

 

4. United Nations High Commissioner for Refugees (UNHCR) Regional Collaborations

While it is not a regional governmental organization, UNHCR works closely with regional bodies like the AU and ECOWAS to coordinate refugee protection and assistance.

UNHCR’s collaboration with regional organizations ensures that international standards for refugee protection are upheld and that regional initiatives are supported and implemented effectively.

 

Government system

Article 3 of the 1986 Constitution of Liberia establishes the foundational structure of Liberia as a unitary sovereign entity that is divided into 15 counties for administrative purposes.

Republican Form of Government

  • The government is republican, implying a representative democracy where officials are elected by the people.

Division of Government Authority

Liberia’s government is divided into three distinct branches to ensure effective governance and maintain checks and balances:

  1. Executive Branch
    • Led by the President, who serves as both the head of state and the head of government.
    • The President’s main responsibilities include implementing national policies related to administration, security, and foreign affairs.
    • The President is elected by popular vote for a six-year term and can be re-elected for one additional term.
    • The President appoints members of the Cabinet, who are responsible for managing government departments. These appointments must be confirmed by the Senate.
  2. Legislative Branch
    • The Legislature is bicameral, consisting of two houses: the Senate and the House of Representatives.
    • Senate:
      • Composed of 30 members, with two Senators elected from each of the 15 counties.
      • Senators serve nine-year terms.
    • House of Representatives:
      • Comprised of 73 members, each elected to represent a specific district.
      • Representatives serve six-year terms.
    • The Legislature’s key functions include creating laws, approving amendments to the Constitution, approving the national budget, and ratifying international agreements.
  3. Judicial Branch
    • The Judiciary ensures that all laws and executive actions conform to the Constitution.
    • It acts as the final interpreter of the Constitution and adjudicates legal disputes.
    • This branch plays a crucial role in upholding the rule of law and protecting the rights of citizens.

Counties of Liberia

Liberia’s administrative divisions, or counties, serve as the local administrative units under the central government. Here are the 15 counties:

  1. Bomi County - Capital: Tubmanburg; Location: Western Liberia
  2. Bong County - Capital: Gbarnga; Location: Central Liberia
  3. Gbarpolu County - Capital: Bopolu; Location: Western Liberia
  4. Grand Bassa County - Capital: Buchanan; Location: Central Liberia, along the coast
  5. Grand Cape Mount County - Capital: Robertsport; Location: Northwestern Liberia, along the coast
  6. Grand Gedeh County - Capital: Zwedru; Location: Southeastern Liberia
  7. Grand Kru County - Capital: Barclayville; Location: Southern Liberia
  8. Lofa County - Capital: Voinjama; Location: Northwestern Liberia
  9. Margibi County - Capital: Kakata; Location: Central Liberia
  10. Maryland County - Capital: Harper; Location: Southeastern Liberia, along the coast
  11. Montserrado County - Capital: Bensonville (Bentol); Monrovia, the national capital, is also located here; Location: Western Liberia, along the coast
  12. Nimba County - Capital: Sanniquellie; Location: Northeastern Liberia
  13. River Cess County - Capital: Cestos City; Location: Central Liberia, along the coast
  14. River Gee County - Capital: Fish Town; Location: Southeastern Liberia
  15. Sinoe County - Capital: Greenville; Location: Southeastern Liberia, along the coast

 

Legal system

Liberia has a dual system of statutory law based on Anglo American Common law for the modern sector and customary law based on unwritten customary practices for the indigenous people (Hanatu Kabbah UPDATE: Liberian Legal System and Legal Research).

  1. Statutory Law (Modern Sector):
    1. The modern sector of Liberia's legal system adheres to Anglo-American common law principles. This legal framework is established through court decisions, statutes, and regulations.
    2. Basis: Statutory law in Liberia is primarily derived from:
      1. The Constitution of Liberia: Enacted in 1986, it serves as the supreme law of the land and provides the foundational principles for the legal system.
      2. Legislation (Statutes): Developed by the Liberian Legislature, statutes address a wide range of legal issues and are binding on all citizens.
    3. Functions: Statutory law governs various aspects of Liberian society, including civil and criminal matters, property rights, contractual agreements, and administrative procedures.
  2. Customary Law (Indigenous Sector):
    1. The indigenous sector of Liberia's legal system is based on unwritten customary practices that have been transmitted orally across generations.
    2. Basis: Customary law reflects the traditions, norms, and practices of indigenous communities, shaping their legal framework.
    3. Functions: Customary law serves as the primary mechanism for resolving disputes within indigenous communities, covering areas such as land tenure, family relations, inheritance, and community governance.

       

Judicial system

Judiciary

In the Republic of Liberia, judicial authority resides in the Supreme Court and subordinate courts as established by the legislature. The Supreme Court, led by the Chief Justice, oversees the Circuit Courts, Magistrates Courts, and Justices of the Peace Courts. All courts have the authority to apply both statutory and customary laws (see Article 65 of the 1986 Constitution of the Republic of Liberia). Liberia operates under a unitary government system, where all formal courts fall under national jurisdiction and are subject to oversight by the Supreme Court. Additionally, a system of customary law, recognized by the Judiciary Law - Title 17 - Liberian Code of Laws Revised, coexists within the formal court system, with regulations governing traditional courts outlined in the Revised Rules and Regulation Governing the Hinterland of Liberia (2000). Traditional and lay courts are present in rural areas, although trial by ordeal, officially banned, persists in some regions.

Supreme Court

Article 66 of the 1986 Constitution of the Republic of Liberia designates the Supreme Court as the ultimate authority on constitutional matters, allowing it to determine the constitutionality of legislation. It holds final appellate jurisdiction over cases from various authorities and exercises original jurisdiction in specific instances. The Supreme Court consists of the Chief Justice and four Associate Justices, appointed by the President with Senate approval, provided they meet specific criteria, including citizenship, moral character, and legal practice experience.

Circuit Courts

Circuit Courts possess original jurisdiction in serious cases such as aggravated assault, burglary, rape, and murder.

Magistrate Courts

Magistrate Courts handle both civil and criminal cases. For severe matters like rape, murder, or burglary, they refer cases to Circuit Courts after preliminary hearings. Monrovia and other counties house approximately 79 magisterial courts, each presided over by a stipendiary magistrate and two associate magistrates. While stipendiary magistrates must be qualified lawyers, associate magistrates do not require legal qualifications.

 Justices of the Peace

Justices of the Peace have limited jurisdiction over a select range of civil and criminal cases, as specified in the Liberia Judiciary Law (§8.3(a) and §8.3(b)).

 

Institutional framework

In Liberia, the administrative entities responsible for implementing legislation related to refugee rights operate at the central, sub-central, and local levels. Here are the key entities and their functions, along with the legislative basis for their responsibilities.

 

CENTRAL LEVEL

  1. Liberian Refugee Repatriation and Resettlement Commission (LRRRC)

The Liberian Refugee Repatriation and Resettlement Commission (LRRRC) is the Government of Liberia lead humanitarian Agency that provides international protection for Refugees, Stateless person, internally displaced, mixed National and other people of concern (POCs)

The LRRRC is established in section 4 of the Refugee Act, 1993. 

Section 5 of the Refugee Act, 1993 provides the functions of the Commission which can be summarized as:

  • Coordinating and overseeing all refugee-related activities in Liberia.
  • Facilitating the repatriation, resettlement, and integration of refugees and returnees.
  • Working in collaboration with the United Nations High Commissioner for Refugees (UNHCR) and other international organizations to provide assistance and protection to refugees.
  1. Ministry of Justice 

The Ministry of Justice operates under the Executive Law, Chapter 25, Liberian Codes, Revised Vol III. This law outlines the Ministry's broad mandate over legal and justice-related affairs, including immigration and asylum matters.

Functions:

  • The Ministry of Justice oversees the legal framework for refugees and asylum seekers in Liberia.
  • It works to ensure that refugee protection aligns with both domestic laws and international conventions to which Liberia is a party.
  • It coordinates with other government bodies and international organizations to facilitate the legal processing of asylum claims and the protection of refugee rights.
  1. The Liberia Immigration Service (LIS)

The Liberia Immigration Service (LIS), formerly the Bureau of Immigration & Naturalization (BIN) is a security agency under the Ministry of Justice. 

LIS has several key responsibilities:

  • Enforcing Laws: LIS is charged with the primary responsibility to implement and enforce the Alien and Nationality Law of Liberia. Beside the Alien and Nationality Law, it is also governed by the Constitution of Liberia, the ECOWAS Protocols on Free Movements of persons, goods and services within the sub-region, international conventions and laws, among other instruments
  • Border Management: LIS has the statutory mandate to safeguard and protect the borders and boundaries (air, land and sea) of Liberia against the illegal entry of aliens into the country. The Bureau also screens and examines travel documents; admits aliens at sea, air and land borders (ports of entry); grants aliens resident status and provides border management and control.
  • Joint Security Operations: The LIS collaborates with the Liberia National Police to maintain peace and security. It investigates cross-border crimes, including smuggling, trafficking, and encroachment.
  • International Cooperation: The LIS adheres to ECOWAS and MRU protocols on free movement. It also honours UN conventions on human rights.
  • Identity Documents: The LIS issues passports, birth certificates, and national identity cards.
  1. Ministry of Foreign Affairs 

The Ministry of Foreign Affairs operates under the Executive Law, Chapter 25, Liberian Codes, Revised Vol III. This legislation designates the Ministry with the task of overseeing Liberia's international relations and executing international agreements.

The protection of refugees is primarily coordinated through diplomatic channels, international relations, and negotiations. While the Ministry of Foreign Affairs may engage in advocacy and diplomatic efforts related to refugee protection, the direct implementation of refugee protection measures and services typically falls under the purview of other government agencies, such as the Liberia Refugee Repatriation and Resettlement Commission (LRRRC) and the Ministry of Justice, in collaboration with international organizations like the United Nations High Commissioner for Refugees (UNHCR).

Therefore, while the Ministry of Foreign Affairs may play a role in representing Liberia's interests concerning refugee protection at the international level and in negotiating agreements related to refugees, the day-to-day protection and management of refugee affairs are usually handled by other entities within the government structure.

 

SUB CENTRAL LEVEL

  1. Ministry of Internal Affairs

The Ministry of Internal Affairs operates under the Executive Law, Chapter 25, Liberian Codes, Revised Vol III. Under the Ministry of Internal Affairs, the protection of refugees is primarily facilitated at the local level through the coordination and collaboration with local authorities, including district commissioners, town chiefs, and clan chiefs. These local administrative entities work closely with national government agencies, such as the Liberia Refugee Repatriation and Resettlement Commission (LRRRC) and the Ministry of Justice, as well as international organizations like the United Nations High Commissioner for Refugees (UNHCR), to ensure the safety, well-being, and rights of refugees within their respective communities.

While the Ministry of Internal Affairs is primarily responsible for overseeing internal governance, including local administration and community affairs, it may also play a role in facilitating communication and coordination between local authorities and national agencies involved in refugee protection efforts. Additionally, the Ministry of Internal Affairs may support initiatives aimed at promoting community integration and social cohesion between refugees and host communities, thereby contributing to the overall protection of refugees within Liberia.

Refugees are located in three camps (Bahn, PTP, and Little Weibo), host communities, and the urban location of Monrovia. 

  1. County and District Authorities

County and District Authorities operate under the Local Government Act and other relevant local government regulations. 

Functions:

  • Implement policies and directives from the central government regarding refugee rights and management.
  • Provide support services to refugees, including housing, healthcare, and education in collaboration with the LRRRC.
  • Facilitate local integration and ensure the safety and well-being of refugees within their jurisdictions.

 

LOCAL LEVEL

  1. Local Councils and Community Leaders

Local Councils and Community leaders operate under the Local Government Act and traditional governance structures.

 Functions:

  • Engage in grassroots-level management and support of refugee communities.
  • Address immediate needs and concerns of refugees within their communities.
  • Foster peaceful coexistence between refugees and host communities.

 

 

 

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