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THEME: BUILDING A CAPABLE STATE: LOOKING BACK, MOVING FORWARD IN LIBERIA’S DEVELOPMENT

THEME: BUILDING A CAPABLE STATE: LOOKING BACK, MOVING FORWARD IN LIBERIA’S DEVELOPMENT. SUB – THEME: THE RULE OF LAW AND THE JUDICIAL SYSTEM IN LIBERIA PRESENTED BY: HIS HONOR CLLR. ROOSEVELT Z. WILLIE. IMPORTANT TIMELINE OF LIBERIA:.

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THEME: BUILDING A CAPABLE STATE: LOOKING BACK, MOVING FORWARD IN LIBERIA’S DEVELOPMENT

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  1. THEME: BUILDING A CAPABLE STATE: LOOKING BACK, MOVING FORWARD IN LIBERIA’S DEVELOPMENT SUB – THEME: THE RULE OF LAW AND THE JUDICIAL SYSTEM IN LIBERIA PRESENTED BY: HIS HONOR CLLR. ROOSEVELT Z. WILLIE

  2. IMPORTANT TIMELINE OF LIBERIA: • 1821- American Colonization society (ACS)founded Liberia to settle free slaves of America; • 1847 – Liberia declared independence; • 1847 – 1980 – Settlers/Americo-Liberians ruled Liberia to the exclusion of the indigenous people (95%) of the population; • 1980 -1989 – Military coup led by Msgt. Samuel K. Doe ending 133 years of Settlers rule and ushered in one of the most corrupt governments with utmost disregard for human rights and gross interference in the Judiciary; • 1990 – 2003 – Liberia civil war prosecuted by rebels led by former government official, Charles G. Taylor and other militia factions pursuing selfish agenda that, further exposed and exacerbated the weak Judiciary.

  3. STATUS OF RULE OF LAW AND THE JUDICIARY PRIOR TO 2006 • Corruption and impunity • Access to justice depended on the highest bidder • Security Sectors betrayed the confidence and trust of the people….killed, raped, looted and joined militia factions to pursue the civil war • Lack of financial autonomy of the Judiciary • Political interference in affairs of the Judiciary

  4. PRS/ICG REFORM AGENDA ON RULE OF LAW AND THE JUDICIARY • Widespread access to justice • Financial autonomy of the Judiciary • Refurbishment, new infrastructures and trainings • Logistics and good working environment • Expeditious and timeliness of cases • Equality, fairness and integrity • Independence and accountability • Public trust and confidence

  5. CURRENT REFORMS ON RULE OF LAW AND THE JUDICIARY • 2003 & 2007; Dissolution & Re-constitution of the Army and Police; • 2006 – Present; Prosecution of high profile government officials for corruption and other criminal offenses • 2006; Judiciary Financial Autonomy Law and Rape and Sexual offenses Bill enacted; • 2007; Reactivation of the Judiciary Inquiry Commission; 2007; General Auditing commission given autonomous status to audit all government • functionaries • 2008; Magistrate Sitting Program established-Monrovia Central Prison, Judicial Institute and Liberia Anti-Corruption Commission (LACC) established; • 2011; Executive Order establishing Law Reform Commission; • 2012; Act to expand the subject-matter jurisdiction of Magistrate Courts at Legislature;

  6. CHALLENGES • INADEQUATE BUDGETARY APPROPRIATION TO JUDICIARY AND OTHER RULE OF LAW INSTITUTIONS • OVER-LAPPING OF FUNCTIONS AMONG RULE OF LAW STAKEHOLDERS • WRANGLING IN THE JUDICIARY AND SOME WEAK LAWS STILL HINDER THE PERFORMANCE OF THE JUDICIARY

  7. WAY FORWARD • STRENGTHEN RULE OF LAW THRU CIVIL SOCIETY, MARKET AND STATE • EQUAL BUDGETARY APPROPRIATION FOR THE THREE BRANCHES OF GOVERNMENT • DEFINED ROLES AND RESPONSIBILITIES OF RULE OF LAW STAKEHOLDERS • UNITY ON THE SUPREME COURT BENCH

  8. CONCLUSION AND IMPLICATIONS: CURRENT REFORMS HAVE: • ENHANCED THE RULE OF LAW AND THE PEACE PROCESS • IMPROVED INVESTORS CONFIDENCE RESULTING TO NATIONAL AND INTERNATIONAL PLAYERS IN THE MARKET PLACE HOWEVER: • SOME CIVIL SOCIETY MEMBERS LACK CONFIDENCE IN THE SYSTEM • MAJORITY OF PEOPLE RESORT TO VILLAGE CHIEFS AND TRADITIONAL MEANS TO RESOLVE CONFLICTS, WHILE OTHERS JUST ABANDON THEIR CASES.

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