Rule of Law in Liberia

Current Practices of Justice: The Role of Non-State Justice Systems in Liberia

The spiral of political unrest and violence that eventually degenerated into a fourteen year civil war was fueled by discontent with the historical role that Liberia’s state institutions, including the justice system, played in fostering the social, political, and economic exclusion of the majority of the country’s population.

While long-term reform efforts are needed to strengthen the capacity of formal legal institutions, these efforts have a limited role in the resolution of the most immediate problems in the aftermath of conflict. Localized mechanisms based on customary law are in fact the primary form of justice for the majority of the population. Justice sector reform must take into account a realistic assessment of current practices of justice at the local level, and a thorough analysis of the role customary mechanisms play, and could play in resolving disputes.

USIP’s Rule of Law Program is working with Liberian partners to develop policy options for expanding the rule of law and consolidating peace in ways that account for the role of informal legal systems and local understandings of justice. The project had the following components:

• Mapping dispute resolution in practice
  In order to ensure that justice reform is grounded in empirical evidence, a key component of the project is field research. The research focused on tracking a number of “flashpoint” justice issues (e.g., land conflicts, violent criminal behavior) and how individuals have sought to resolve them in actual practice. In addition to assessing individual cases and outcomes, the research yielded an essential picture of the structure and operations of the customary system and its interaction with formal legal institutions at the local level. In November 2009, USIP hosted an event which presented the findings of the ten-month field study in a published report titled, "Looking for Justice: Liberian Experiences with and Perceptions of Local Justice Options."
• Analysis of the legal framework governing customary law
  A second component of the project involves identifying and analyzing the laws, regulations and case law that purport to govern customary law. The analysis highlights internal contradictions, gaps and anachronisms, differing interpretations and understandings of the framework by a variety of stakeholders, and provides a framework for legal reform. 
• Legal and policy reform
  Based on our research and analysis, the project’s third component was to facilitate legal and policy reform concerning the provision of justice at the local level.
• Enhancing access to justice
  In 2010, USIP held a conference in Liberia on enhancing access to justice that was run in partnership with the Carter Center Liberia, UNMIL, MOJ, Judiciary and Ministry of Internal Affairs.

Law Reform

In many post-conflict states, the criminal law framework is often grossly deficient and in need of reform; criminal laws may be outdated, laconic, may violate international standards. Liberia is no exception. In addition to problems with the substantive law, there is also confusion about what the applicable law is. President Ellen Johnson-Sirleaf of Liberia, commenting on the multi-layered legal framework in her country, stated that "we had so many interim governments, and they passed so many laws, that some of them are duplicating each other, while others are contradicting each other."¹ Efforts are ongoing in Liberia to establish a Law Reform Commission to examine many different areas of domestic law, including—as a priority—Liberia's criminal law framework. USIP's Rule of Law program has worked to assist stakeholders engaged in this law reform process in a variety of ways:

• The rule of law program provided relevant materials, resources and laws as a background resource to drafting a Law Reform Commission Act, including materials developed by Rule of Law Program staff regarding the methodology of law reform. Working in close coordination with the UN Mission in Liberia, the Rule of Law program also provided the task force with equipment and materials it requires to perform its functions and activities in an effective manner. 
• Drawing on its Model Codes Project, the Rule of Law program provided substantive assistance to the drafters of the revised law against rape.
• Following up on a request from the head of the Ministry of Justice's Immigration and Naturalization Department, the Rule of Law program supplied research materials and relevant comparative legislation to support future legislative drafting initiatives to create a dual Liberian citizenship.

For more information on Rule of Law work in Liberia please contact Tim Luccaro at tluccaro@usip.org.

Notes

1. UN Office for the Coordination of Humanitarian Affairs Liberia: Interview with President Ellen Johnson- Sirleaf. Press Release, June 29 2006, http://www.irinnews.org/print.asp?ReportID=54313, accessed June 22, 2011.