NTGL IN THE AREA OF HUMAN RIGHTS

OPctober 1, 2004

The performance by the National Transitional Government of Liberia in the area of human rights may be gauged from three different perspectives with different results from each stand point taken.

One criterion is to look at the ratification and reporting status on the six core international human rights instruments since the inception of the NTGL.

A second approach is to use the Millennium Declaration Goals as the yardstick to appreciate how much ground has been covered towards achieving at the set objectives. The third benchmark against which to measure the NTGL’s performance in matters of human rights is the Accra Comprehensive Peace Agreement of 18 August 2003, in particular Part six and article XII.

On the basis of work done to meet the international human rights law requirements the NTGL has made remarkable strides. Considering that as of August 2003 the only major international human rights instruments ratified by Liberia were the CEDAW, CERD and CRC, while as of September 30, 2004 the NTGL had 17 human rights protocols signed, ratified or acceded to indicates that the authorities have worked with a determination to establish a legal framework that is favourable to the protection and promotion of human rights. Given the horrendous past abuses of people’s political and civil rights as well as the cruelty to which the population was subjected to by past regimes, the ratification of the CAT and its Protocol stand as very significant steps taken by the NTGL in terms of commitment to uphold human rights.

Evaluated from the MDGs human rights progress stand point, the NTGL’s performance vis-à-vis its responsibilities comes out with results that cause considerable concern. On the first six of the goals – i.e. (1) halving extreme poverty and hunger; (2) achieving universal primary education; (3) promoting gender equality; (4)reducing the under-five mortality; (5) reducing maternal mortality by two thirds and (6) reversing the spread of HIV/AIDS, malaria and other diseases, the
available data show a downward trend. For the years 1999, 2002 and 2003 the annual growth of the GDP was $ 22.9, $3.3 and $0.0 million against a corresponding steady population growth of 2.7%, 2.5% and 2.4%. There are no signs to show that poverty is decreasing. The increasing lack of resources has translated into failure by the NTGL to fulfill its obligations in areas such as feeding prisoners, providing them with medical care or providing cells or detention with fitting hygienic and physical conditions. Government employees in very many cases have not received their salaries for month or years, which is a big human rights deprivation that in turn leads to the extortion of money by certain law enforcement state agents from the public. Judges and the police have been the most vulnerable in this regard. Institutionally the serious shortage of revenue has undermined the delivery of justice and economic, as well as social rights to most of the population. Internally displaced persons and refugees are particularly adversely affected.

Finally, considered against the Comprehensive Peace Agreement provisions, the NTGL’s performance has been commendable in as far as since September 2003 peace and security in the entire country have prevailed. The signing and ratification of the international treaties mentioned above support this statement given that under Article XII (b) of the CPA the parties agreed to fully guarantee basic civil and political rights including the right to life and liberty, freedom from torture, the right to a fair trial, freedom of conscience, expression and association, and the right to take part in the governance of one’s country.

Work on the legislation for the establishment of the Independent national Human Rights Commission and the Truth and Reconciliation Commission has progressed steadily with the draft laws for the two bodies having been revised.