Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, therefore,

The General Assembly,

Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. 

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3

Everyone has the right to life, liberty and security of person.

Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11

Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13

Everyone has the right to freedom of movement and residence within the borders of each state.

Everyone has the right to leave any country, including his own, and to return to his country.

Article 14

Everyone has the right to seek and to enjoy in other countries asylum from persecution.

This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15

Everyone has the right to a nationality.

No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16

Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

Marriage shall be entered into only with the free and full consent of the intending spouses.

The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17

Everyone has the right to own property alone as well as in association with others.

No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20

Everyone has the right to freedom of peaceful assembly and association.

No one may be compelled to belong to an association.

Article 21

Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

Everyone has the right of equal access to public service in his country.

The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23

Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

Everyone, without any discrimination, has the right to equal pay for equal work.

Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25

Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27

Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29

Everyone has duties to the community in which alone the free and full development of his personality is possible.

In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

PREAMBLE

The African States members of the Organisation of African Unity, parties to the present Convention entitled “African Charter on Human and Peoples’ Rights

Recalling Decision 115 (XVI) of the Assembly of Heads of State and Government at its Sixteenth Ordinary Session held in Monrovia, Liberia, from 17 to 20 July 1979 on the preparation of “a preliminary draft on an African Charter on Human and Peoples’ Rights, providing inter alia for the establishment of bodies to promote and protect human and peoples’ rights”;

Considering the Charter of the Organisation of African Unity, which stipulates that “freedom, equality, justice and dignity are essential objectives for the achievement of the legitimate aspirations of the African peoples”;

Reaffirming the pledge they solemnly made in Article 2 of the said Charter to eradicate all forms of colonialism from Africa, to coordinate and intensify their cooperation and efforts to achieve a better life for the peoples of Africa and to promote international cooperation having due regard to the Charter of the United Nations and the Universal Declaration of Human Rights;

Taking into consideration the virtues of their historical tradition and the values of African civilization which should inspire and characterize their reflection on the concept of human and peoples’ rights;

Recognizing on the one hand, that fundamental human rights stem from the attitudes of human beings, which justifies their international protection and on the other hand that the reality and respect of peoples’ rights should necessarily guarantee human rights;

Considering that the enjoyment of rights and freedoms also implies the performance of duties on the part of everyone;

Convinced that it is henceforth essential to pay particular attention to the right to development and that civil and political rights cannot be dissociated from economic, social and cultural rights in their conception as well as universality and that the satisfaction of economic, social and cultural rights is a guarantee for the enjoyment of civil and political rights;

Conscious of their duty to achieve the total liberation of Africa, the peoples of which are still struggling for their dignity and genuine independence, and undertaking to eliminate colonialism, neo-colonialism, apartheid, zionism and to dismantle aggressive foreign military bases and all forms of discrimination, language, religion or political opinions;

Reaffirming their adherence to the principles of human and peoples’ rights and freedoms contained in the declarations, conventions and other instruments adopted by the Organisation of African Unity, the Movement of Non-Aligned Countries and the United Nations;

Firmly convinced of their duty to promote and protect human and peoples’ rights and freedoms and taking into account the importance traditionally attached to these rights and freedoms in Africa;

PART I: RIGHTS AND DUTIES

CHAPTER I: HUMAN AND PEOPLES’ RIGHTS

ARTICLE 1

The Member States of the Organisation of African Unity, parties to the present Charter shall recognise the rights, duties and freedoms enshrined in the Charter and shall undertake to adopt legislative or other measures to give effect to them.

ARTICLE 2

Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or any status.

ARTICLE 3

Every individual shall be equal before the law

Every individual shall be entitled to equal protection of the law

ARTICLE 4

Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

ARTICLE 5

Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

ARTICLE 6

Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

ARTICLE 7

Every individual shall have the right to have his cause heard. This comprises:

The right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force;

The right to be presumed innocent until proved guilty by a competent court or tribunal;

The right to defence, including the right to be defended by counsel of his choice;

The right to be tried within a reasonable time by an impartial court or tribunal.

No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

ARTICLE 8

Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms.

ARTICLE 9

Every individual shall have the right to receive information.

Every individual shall have the right to express and disseminate his opinions within the law.

ARTICLE 10

Every individual shall have the right to free association provided that he abides by the law.

Subject to the obligation of solidarity provided for in Article 29, no one may be compelled to join an association.

ARTICLE 11

Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law, in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.

ARTICLE 12

Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law.

Every individual shall have the right to leave any country including his own, and to return to his country.

This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality.

Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with the law of those countries and international conventions.

A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law.

The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups.

ARTICLE 13

Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law.

Every citizen shall have the right of equal access to the public service of the country.

Every individual shall have the right of access to public property and services in strict equality of all persons before the law.

ARTICLE 14

The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

ARTICLE 15

Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

ARTICLE 16

Every individual shall have the right to enjoy the best attainable state of physical and mental health.

State Parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

ARTICLE 17

Every individual shall have the right to education

Every individual may freely take part in the cultural life of his community.

The promotion and protection of morals and traditional values recognized by the community shall be the duty of the State.

ARTICLE 18

The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral.

The State shall have the duty to assist the family which is the custodian of morals and traditional values recognized by the community.

The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of women and the child as stipulated in international declarations and conventions.

The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.

ARTICLE 19

All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

ARTICLE 20

All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self-determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.

Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community.

All peoples shall have the right to the assistance of the State Parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.

ARTICLE 21

All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it

In case of spoilation, the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation.

The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law.

State Parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African Unity and solidarity.

State Parties to the present Charter shall undertake to eliminate all forms of foreign exploitation particularly that practised by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources.

ARTICLE 22

All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind.

States shall have the duty, individually or collectively, to ensure the exercise of the right to development.

ARTICLE 23

All peoples shall have the right to national and international peace and security. The principles of solidarity and friendly relations implicitly affirmed by the Charter of the United Nations and reaffirmed by that of the Organisation of African Unity shall govern relations between States.

For the purpose of strengthening peace, solidarity and friendly relations, State Parties to the present Charter shall ensure that:

any individual enjoying the right of asylum under Article 12 of the present Charter shall not engage in subversive activities against his country of origin or any other State Party to the present Charter;

their territories shall not be used as bases for subversive or terrorist activities against the people of any other State Party to the present Charter.

ARTICLE 24

All peoples shall have the right to a general satisfactory environment favourable to their development.

ARTICLE 25

State Parties to the present Charter shall have the duty to promote and ensure through teaching, education and publication, the respect of the rights and freedoms contained in the present Charter and to see to it that these freedoms and rights as well as corresponding obligations and duties are understood.

ARTICLE 26

State Parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter.

CHAPTER II: DUTIES

ARTICLE 27

Every individual shall have duties towards his family and society, the State and other legally recognised communities and the international community.

The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.

ARTICLE 28

Every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance.

ARTICLE 29

The individual shall also have the duty:

To preserve the harmonious development of the family and to work for the cohesion and respect of the family; to respect his parents at all times, to maintain them in case of need.

To serve his national community by placing his physical and intellectual abilities at its service;

Not to compromise the security of the State whose national or resident he is;

To preserve and strengthen social and national solidarity, particularly when the latter is strengthened;

To preserve and strengthen the national independence and the territorial integrity of his country and to contribute to his defence in accordance with the law;

To work to the best of his abilities and competence, and to pay taxes imposed by law in the interest of the society;

To preserve and strengthen positive African cultural values in his relations with other members of the society, in the spirit of tolerance, dialogue and consultation and, in general, to contribute to the promotion of the moral well being of society;

To contribute to the best of his abilities, at all times and at all levels, to the promotion and achievement of African unity.

PART II: MEASURES OF SAFEGUARD

CHAPTER I: ESTABLISHMENT AND ORGANISATION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS

ARTICLE 30

An African Commission on Human and Peoples’ Rights, hereinafter called “the Commission”, shall be established within the Organisation of African Unity to promote human and peoples’ rights and ensure their protection in Africa.

ARTICLE 31

The Commission shall consist of eleven members chosen from amongst African personalities of the highest reputation, known for their high morality, integrity, impartiality and competence in matters of human and peoples’ rights; particular consideration being given to personshaving legal experience.

The members of the Commission shall serve in their personal capacity.

ARTICLE 32

The Commission shall not include more than one national of the same State.

ARTICLE 33

The members of the Commission shall be elected by secret ballot by the Assembly of Heads of State and Government, from a list of persons nominated by the State Parties to the present Charter.

ARTICLE 34

Each State Party to the present Charter may not nominate more than two candidates. The candidates must have the nationality of one of the State Parties to the present Charter. When two candidates are nominated by a State, one of them may not be a national of that State.

ARTICLE 35

The Secretary General of he Organisation of African Unity shall invite State Parties to the present Charter at least four months before the elections to nominate candidates;

The Secretary General of the Organisation of African Unity shall make an alphabetical list of the persons thus nominated and communicate it to the Heads of State and Government at least one month before the elections;

ARTICLE 36

The members of the Commission shall be elected for a six year period and shall be eligible for re-election. However, the term of office of four of the members elected at the first election shall terminate after two years and the term of office of three others, at the end of four years.

ARTICLE 37

Immediately after the first election, the Chairman of the Assembly of Heads of State and Government of the Organisation of African Unity shall draw lots to decide the names of those members referred to in Article 36.

ARTICLE 38

After their election, the members of the Commission shall make a solemn declaration to discharge their duties impartially and faithfully.

ARTICLE 39

In case of death or resignation of a member of the Commission, the Chairman of the Commission shall immediately inform the Secretary General of the Organisation of African Unity, who shall declare the seat vacant from the date of death or from the date on which the resignation takes effect.

If, in the unanimous opinion of other members of the Commission, a member has stopped discharging his dutiesfor any reason other than a temporary absence, the Chairman of the Commission shall inform the Secretary General of the Organisation of African Unity, who shall then declare the seat vacant.

In each of the cases anticipated above, the Assembly of Heads of State and Government shall replace the member whose seat became vacant for the remaining period of his term, unless the period is less than six months.

ARTICLE 40

Every member of the Commission shall be in office until the date his successor assumes office.

ARTICLE 41

The Secretary General of the Organisation of African Unity shall appoint the Secretary of the Commission. He shall provide the staff and services necessary for the effective discharge of the duties of the Commission. The Organisation of African Unity shall bear cost of the staff and services.

ARTICLE 42

The Commission shall elect its Chairman and Vice Chairman for a two-year period. They shall be eligible for re-election.

The Commission shall lay down its rules of procedure.

Seven members shall form the quorum.

In case of an equality of votes, the Chairman shall have a casting vote.

The Secretary General may attend the meetings of the Commission. He shall neither participate in deliberations nor shall he be entitled to vote. The Chairman of the Commission may, however, invite him to speak.

ARTICLE 43

In discharging their duties, members of the Commission shall enjoy diplomatic privileges and immunities provided for in the General Convention on the Privileges and Immunities of the Organisation of African Unity.

ARTICLE 44

Provision shall be made for the emoluments and allowances of the members of the Commission in the Regular Budget of the Organisation of African Unity.

CHAPTER II: MANDATE OF THE COMMISSION

ARTICLE 45

The functions of the Commission shall be:

To promote human and peoples’ rights and in particular:

to collect documents, undertake studies and researches on African problems in the field of human and peoples’ rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples’ rights and, should the case arise, give its views or make recommendations to Governments.

to formulae and lay down, principles and rules aimed at solving legal problems relating to human and peoples’ rights and fundamental freedoms upon which African Governments may base their legislation.

cooperate with other African and international institutions concerned with the promotion and protection of human and peoples’ rights.

Ensure the protection of human and peoples’ rights under conditions laid down by the present Charter.

Interpret all the provisions of the present Charter at the request of a State Party, an institution of the OAU or an African Organisation recognised by the OAU.

Perform any other tasks which may be entrusted to it by the Assembly of Heads of State and Government.

CHAPTER III: PROCEDURE OF THE COMMISSION

ARTICLE 46

The Commission may resort to any appropriate method of investigation; it may hear from the Secretary General of the Organisation of African Unity or any other person capable of enlightening it.

COMMUNICATION FROM STATES

ARTICLE 47

If a State Party to the present Charter has good reasons to believe that another State Party to this Charter has violated the provisions of the Charter, it may draw, by written communication, the attention of that State to the matter. This Communication shall also be addressed to the Secretary General of the OAU and to the Chairman of the Commission. Within three months of the receipt of the Communication, the State to which the Communication is addressed shall give the enquiring State, written explanation or statement elucidating the matter. This should include as much as possible, relevant information relating to the laws and rules of procedure applied and applicable and the redress already given or course of action available.

ARTICLE 48

If within three months from the date on which the original communication is received by the State to which it is addressed, the issue is not settled to the satisfaction of the two States involved through bilateral negotiation or by any other peaceful procedure, either State shall have the right to submit the matter to the Commission through the Chairman and shall notify the other States involved.

ARTICLE 49

Notwithstanding the provisions of Article 47, if a State Party to the present Charter considers that another State Party has violated the provisions of the Charter, it may refer the matter directly to the Commission by addressing a communication to the Chairman, to the Secretary General of the Organisation of African unity and the State concerned.

ARTICLE 50

The Commission can only deal with a matter submitted to it after making sure that all local remedies, if they exist, have been exhausted, unless it is obvious to the Commission that the procedure of achieving these remedies would be unduly prolonged.

ARTICLE 51

The Commission may ask the State concerned to provide it with all relevant information.

When the Commission is considering the matter, States concerned may be represented before it and submit written or oral representation.

ARTICLE 52

After having obtained from the States concerned and from other sources all the information it deems necessary and after having tried all appropriate means to reach an amicable solution based on the respect of human and peoples’ rights, the Commission shall prepare, within a reasonable period of time from the notification referred to in Article 48, a report to the States concerned and communicated to the Assembly of Heads of State and Government.

ARTICLE 53

While transmitting its report, the Commission may make to the Assembly of Heads of State and Government such recommendations as it deems useful.

ARTICLE 54

The Commission shall submit to each Ordinary Session of the Assembly of Heads of State and Government a report on its activities.

ARTICLE 55

Before each Session, the Secretary of the Commission shall make a list of the Communications other than those of State Parties to the present Charter and transmit them to Members of the Commission, who shall indicate which Communications should be considered by the Commission.

A Communication shall be considered by the Commission if a simple majority of its members so decide.

ARTICLE 56

Communications relating to Human and Peoples’ rights referred to in Article 55 received by the Commission, shall be considered if they:

Indicate their authors even if the latter requests anonymity,

Are compatible with the Charter of the Organisation of Afri- can Unity or with the present Charter,

Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organisation of African Unity,

Are not based exclusively on news disseminated through the mass media,

Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized with the matter, and

Do not deal with cases which have been settled by those States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Or- ganisation of African Unity or the provisions of the present Charter.

ARTICLE 57

Prior to any substantive consideration, all communications shall be brought to the knowledge of the State concerned by the Chairman of the Commission.

ARTICLE 58

When it appears after deliberations of the Commission that one or more Communications apparently relate to special cases which reveal the existence of a series of serious or massive violations of human and peoples’ rights, the Commission shall draw the attention of the Assembly of Heads of State and Government to these special cases.

The Assembly of Heads of State and Government may then request the Commission to undertake an in-depth study of these cases and make a factual report, accompanied by its finding and recommendations.

A case of emergency duly noticed by the Commission shall be submitted by the latter to the Chairman of the Assembly of Heads of State and Government who may request an in-depth study.

ARTICLE 59

All measures taken within the provisions of the present Chapter shall remain confidential until the Assembly of Heads of State and Government shall otherwise decide.

However the report shall be published by the Chairman of the Commission upon the decision of he Assembly of Heads of State and Government.

The report on the activities of the Commission shall be published by its Chairman after it has been considered by the Assembly of Heads of State and Government.

CHAPTER IV: APPLICABLE PRINCIPLES

ARTICLE 60

The Commission shall draw inspiration from international law on human and peoples’ rights, particularly from the provisions of various African instruments on Human and Peoples’ Rights, the Charter of the United Nations, the Charter of the Organisation of African Unity, the Universal Declaration of Human Rights, other instruments adopted by the United Nations and by African countries in the field of Human and Peoples’ Rights, as well as from the provisions of various instruments adopted within the Specialised Agencies of the United Nations of which the Parties to the present Charter are members.

ARTICLE 61

The Commission shall also take into consideration, as subsidiary measures to determine the principles of law, other general or special international conventions, laying down rules expressly recognised by Member States of the Organisation of African Unity, African practices consistent with international norms on Human and Peoples’ Rights, customs generally accepted as law, general principles of law recognised by African States as well as legal precedents and doctrine.

ARTICLE 62

Each State Party shall undertake to submit every two years, from the date the present Charter comes into force, a report on the legislative or other measures taken, with a view to giving effect to the rights and freedoms recognised and guaranteed by the present Charter.

ARTICLE 63

The present Charter shall be open to signature, ratification or adherence of the Member States of the Organisation of African Unity.

The instruments of ratification or adherence to the present Charter shall be deposited with the Secretary General of the Organisation of African Unity.

The present Charter shall come into force three months after the reception by the Secretary General of the instruments of ratification or adherence of a simple majority of the Member States of the Organisation of African Unity.

PART III: GENERAL PROVISIONS

ARTICLE 64

After the coming into force of the present Charter, members of the Commission shall be elected in accordance with the relevant Articles of the present Charter.

The Secretary General of the Organisation of African Unity shall convene the first meeting of the Commission at the Headquarters of the Organisation within three months of the constitution of the Commission. Thereafter, the Commission shall be convened by its Chairman whenever necessary but at least once a year.

ARTICLE 65

For each of the States that will ratify or adhere to the present Charter after its coming into force, the Charter shall take effect three months after the date of the deposit by that State of the instrument of ratification or adherence.

ARTICLE 66

Special protocols or agreements may, if necessary, supplement the provisions of the present Charter.

ARTICLE 67

The Secretary General of the Organisation of African Unity shall inform members of the Organisation of the deposit of each instrument of ratification or adherence.

ARTICLE 68

The present Charter may be amended if a State Party makes a written request to that effect to the Secretary General of the Organisation of African Unity. The Assembly of Heads of State and Government may only consider the draft amendment after all the State Parties have been duly informed of it and the Commission has given its opinion on it at the request of the sponsoring State. The amendment shall be approved by a simple majority of the State Parties. It shall come into force for each State which has accepted it in accordance with its constitutional procedure three months after the Secretary General has received notice of the acceptance.

Adopted by the eighteenth Assembly of Heads of State and Government,

June 1981 - Nairobi, Kenya

RESERVATIONS AND DECLARATIONS TO THE AFRICAN CHARTER

EGYPT

Having considered the African Charter on Human and Peoples' Rights, the Arab Republic of Egypt signed the said Charter on 16 November 1981 and attached hereto is the following instrument of ratification:

Having accepted all the provisions of the African Charter on Human and Peoples' Rights with the approval of the People's Assembly and with the reservation that article 8 and paragraph 3 of article 8 and paragraph 3 of article 18 be implemented in accordance with the Islamic Law and that, as far as the Arab Republic of Egypt is concerned, the provision of the first paragraph of article 9 should be [confined] to such information as could be obtained within the limits of the Egyptian laws and regulations;

We hereby declare acceptance and ratification of the said Charter.

SOUTH AFRICA

While acceding to the African Charter on Human and Peoples' Rights it is the view of the Republic of South Africa that there should be consultation between States parties to the Charter, inter alia, to:

consider possible measures to strengthen the enforcement mechanisms of the Charter;

clarify the criteria for the restrictions of rights and freedoms recognised and guaranteed in the Charter; and

bring the Charter into line with the United Nations' resolutions regarding the characterisation of Zionism.

ZAMBIA

WHEREAS the African Charter on Human and Peoples' Rights was adopted by the Assembly of Heads of State and Government of the Member States of the Organisation of African Unity held at Nairobi in June 1981:

AND WHEREAS the Government of the Republic of Zambia signed the Charter on 17th January 1983;

AND WHEREAS the Charter provides that the Charter is subject to ratification by the States Parties which are signatories to the Charter;

AND WHEREAS the Republic of Zambia is a State Party to the Charter on whose behalf the Charter has been signed;

NOW THEREFORE the Government of the Republic of Zambia having considered the aforesaid Charter hereby

CONFIRMS AND RATIFIES the same on behalf of the Republic of Zambia and undertakes faithfully to observe the provisions and carry out all the stipulations therein contained subject to the following amendments or reservations:

Article 13 paragraph 3 should read:- "Every individual shall have the right of access to any place, services or public property intended for use by the general public."

(Explanation: The purpose of this reservation is to exclude any claim for the right to use by all citizens of all public property other than as fairly established.)

Article 37 should read:- "Immediately after the first election the Chairman of the Assembly of Heads of State of the Organisation of African Unity shall announce the names of those members referred to in Article 36."

(Explanation: This is to avoid calling on the Chairman, who is after all a Head of State, carrying out the rather menial exercise of drawing lots. It being understood that the Secretary-General of the Organisation of African Unity would draw such lots.)

There should be an extra article which should read:- "After the establishment of the Commission all members of the OAU not ratifying or adhering to the Charter shall submit reports to the Commission, at appropriate intervals, on the position of their laws and practices in regard to the matters dealt with in the Charter, showing the extent to which effort has been given, or is proposed to be given, to any of the provisions of the Charter by legislation or administrative action and stating the difficulties which prevent or delay ratification or adherence to the Charter."

(Explanation:- In the interest of early universal ratification of the Charter by the Organisation of African Unity Countries and also since all Heads of State of the OAU will together tackle the problems of administering or enforcing the Charter including, where necessary, criticising fellow Heads of State who are proved to have violated the Charter, all members of the OAU should carry some responsibility, under the Charter, for the state of human and peoples' rights in their respective countries.)

The aims of ECOWAS are as stated under Article 3(1) of the Treaty thus “to promote co-operation and integration, leading to the establishment of an economic union in West Africa in order to raise the living standards of its peoples, and to maintain and enhance economic stability, foster relations among Member States and contribute to the progress and development of the African Continent.”

To meet the above aim, the Community set for itself a number of objectives one of which is the establishment of an enabling legal environment which informed the establishment under Article 15 of the Court of Justice. Article 15 of the Treaty of ECOWAS provides

“1. There is hereby established a Court of Justice of the Community.

1. The status, composition, powers, procedure and other issues concerning the Court of Justice shall be as set out in a Protocol relating thereto.
2. The Court of Justice shall carry out the functions assigned to it independently of the Member States and the institutions of the Community.
3. Judgements of the Court of Justice shall be binding on the Member States, the Institutions of the Community and on individuals and corporate bodies.”

In pursuance of the objectives set out for the attainment of the aims of the ECOWAS union, Member States affirmed among others to adhere to the principles of recognition promotion and protection of human rights in accordance with the provisions of the African Charter on Human and Peoples Rights [Article 4(g)] and the promotion of a peaceful environment as a prerequisite for economic development [Article 4(1)] while Article 15 (3) provides for the independence of the Court, Article 15(4) makes the judgment of the Court binding.

Under Protocol A/P.1/7/91 of the Community Court of Justice, the adjudicative jurisdiction of the Court was limited specifically to issues dealing with the interpretation and application of the ECOWAS Treaty, Protocols and conventions with individuals lacking direct access to it even on such issues. See Article 9 of that Protocol which provides.

“1. The Court shall ensure the observance of law and of the principles of equity in the interpretation and application of the provisions of the Treaty.

1. The Court shall also be competent to deal with disputes referred to it, in accordance with the provisions of Article 56 of the Treaty, by Member States or the Authority, when such disputes arise between the Member States or between one or more Member States and the Institutions of the Community on the interpretation or application of the provisions of the Treaty.
2. A Member State may, on behalf of its nationals, institute proceedings against another Member State or Institution of the Community, relating to the interpretation and application of the provisions of the Treaty, after attempts to settle the dispute amicably have failed.
3. The Court shall have any powers conferred upon it, specifically by the provisions of this Protocol.”

The adoption in January 2005 of the Supplementary Protocol A/SP.1/01/05 greatly expanded the jurisdiction of the Court while at the same time granting individuals direct access ( in specific causes of action) to the Court.

Article 3 of that Supplementary Protocol A/SP.1/01/05 deleted Article 9 of Protocol A/P1/7/91 and substituted same with a new Article 9 while creating a new Article 10 which provides as follows:

“Access to the Court is open to the following:

a) Member States, and unless otherwise provided in a Protocol, the Executive Secretary, where action is brought for failure by a Member State to fulfil an obligation;

1. Member States, the Council of Ministers and the Executive Secretary in proceeding for the determination of the legality of an action in relation to any Community text;
2. Individuals and corporate bodies in proceedings for the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies;
3. Individuals on application for relief for violation of their human rights; the submission of application for which shall:
4. not be anonymous; nor
5. be made whilst the same matter has been instituted before another International Court for adjudication;
6. Staff of any Community institution, after the Staff Member has exhausted all appeal processes available to the officer under the ECOWAS Staff Rules and Regulations;
7. Where in any action before a court of a Member State, an issue arises as to the interpretation of a provision of the Treaty, or the other Protocols or Regulations, the national court may on its own or at the request of any of the parties to the action refer the issue to the Court for interpretation.”

The Court now by virtue of Article 9(4) and 10(d) above has jurisdiction to hear human rights cases provided that such application is not anonymous and not made while same matter is pending before another international court for adjudication.

The above in nutshell is the framework upon which the Courts protection of human rights is hinged. Now that the physical structures are in place what next? This to my mind is the issue for determination by this Assembly.

I will try to look at the possibilities from three perspectives; that of the litigants, the lawyers and the Court.

In order to fully appreciate the different perspective one need to be clear on what we mean by Human Rights.

The struggle for the protection of the rights and freedom of the individual started with the need to put an end to slavery in the nineteenth century.

The experiences of the Second World War which brought out the urgent need to maintain peace and justice for mankind led to a search for ways of strengthening international cooperation aimed at protecting the human person against the arbitrary exercise of state power. This search led to the adoption in 1945 of the Charter of the United Nations.

One of the purposes of the United Nations under Article 1 (3) of the Charter is:

“To achieve International Cooperation in solving international problems of an economic, social-cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion”.

In 1948 the Universal Declaration of Human Rights was adopted by a resolution of the General Assembly of United Nations. Though not a binding document on its own, the principles contained therein are considered legally binding on States either as customary international law, general principles of law or as fundamental principles of humanity.

The African Charter on Human and People’s Rights adopted in 1981 ushered in a new era in the field of human rights in Africa. It recognizes the following list of rights, covering civil, political, economic, social and cultural rights.

• The right to freedom from discrimination on any grounds in the enjoyment of the rights and freedoms guaranteed in the Charter – art. 2;
• The right to equality before the law and to equal protection of the law – art.3;
• The right to respect for one’s life and personal integrity – art.4;
• The right to respect for one’s inherent dignity as a human being, including freedom from slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment – art.5;
• The right to liberty and to the security of one’s person; freedom from arbitrary arrest or detention – art. 6;
• The right to have one’s cause heard, and “the right to an appeal to competent national organs against acts of violating” one’s human rights; the right to be presumed innocent until proved guilty by a competent court or tribunal; the right to defence; and the right to be tried within a reasonable time by an impartial tribunal; freedom from ex post facto laws – art. 7;
• Freedom of conscience, the profession and free practice of religion – art. 8;
• The right to receive information and the right to express and disseminate one’s opinions “within the law” –art. 9;
• The right to freedom of association (art. 10) and the right to assemble freely with others – art. 11;
• The right to freedom of movement and residence within the borders of a State; the right to leave any country including one’s own and to return to one’s country; the right to asylum in case of persecution; prohibition of mass expulsions – art. 12;
• The right to participate freely in the government of one’s country, either directly or through freely chosen representatives; the right to equal access to the public service of one’s country and to access to public property and services – art. 13;
• The right to property – art. 14;
• The right to work and the right to equal pay for equal work – art. 15;
• The right to enjoy the best attainable state of physical and mental health – art. 16;
• The right to education, and freely to take part in the cultural life of one’s country – art.17;
• The right of the family, the aged and the disabled to special measures of protection – art. 18.

Next, the African Charter recognizes the following right of peoples, namely:

• The right of peoples to equality – art. 19;
• The right to existence of all peoples, including the right to self-determination; the right of all peoples to assistance in their liberation struggle against foreign domination, “be it political, economic or cultural” – art. 20;
• The right of all peoples freely to dispose of their wealth and natural resources – art. 21;
• The right of all peoples to their economic, social and cultural development – art. 22;
• The right of all peoples to national and international peace and security – art. 23;
• The right of all peoples “to a general satisfactory environment favourable to their development” – art. 24.

The African Charter on Human and Peoples Rights also recognizes in paragraph five of its preamble

“that fundamental human rights stem from the attributes of human beings, which justifies their national and international protection”.

The African Charter makes no provision for derogation for state parties and ECOWAS Member States have under Article 4(g) of the Treaty of ECOWAS pledged to adhere to the principles contained therein.

Human rights are those rights that are intrinsic to the individual as a human being the substance of which he/she cannot be deprived of.

The Universal Declaration of Human Rights in its preamble recognizes “the inherent dignity and ……….the equal and inalienable rights of all members of the human family”

Human rights are thus universal and inalienable rights of all human beings. These rights are inherent in all members of the human race who cannot be deprived of the substance of these rights. It is only the exercise of some of these rights that can be limited in certain circumstances (e.g. for national security, public order, and respect of other people’s rights). There must therefore be effective legal protection of these rights at all levels.

As I stated earlier, I intend to look at the problems and possibilities afforded by the ECOWAS Court from three perspectives.

1. At the level of the Individuals
1. IGNORANCE

There is a depth of ignorance among the ECOWAS citizens about the existence of ECOWAS Court, the limits of its jurisdiction and how to access it.

Granted that this Court has been in actual existence for five years now, adequate awareness of it has not been created as to equip the people with the basic information required to access the Court.

Solution – concerted effort must be made by all stakeholders to sensitize the people on the existence of the Court.

1. ERODED FAITH IN JUDICIAL SYSTEMS

People are generally skeptical about the outcome of their cases as the general belief is that political influence will affect the decisions on the case. To allay their fears the Court must take positive steps to ground the people’s confidence in it.

1. LOCATION OF THE COURT

The location of the Court and the attendant problems of transportation across the Member States also pose problems which militate against the people’s utilization of the Court.

This problem can be alleviated by the utilization of the provision in the Court’s Protocol (Article 26 (2)) whereby the Court can sit outside the seat of the Court.

1. HIGH COST OF LITIGATION

Finally there is the issue of high cost of litigation in a sub region the majority of whose citizens are poor. There is need to explore the possibility of providing free legal services for indigent citizens by the Community.

This will also be addressed on the platform of what the lawyers can do.

1. The level of Lawyers

There is need for lawyers to be properly acquainted with the relevant texts and correctly apply same in advising and defending their clients. The Community Court of Justice is not a national court and its rules of procedure are quite distinct and different from those of national courts. Counsel should therefore apply themselves to studying the provisions of the Protocol and Rules so as to ensure that nothing done by them will work to deny their clients access to the Court to defend their rights

In addition to the above, the lawyers must be independent and fearless so as to ensure that individual rights are protected.

The Bar Associations of the Member States should introduce and encourage pro bono practice by members especially on issues of human right abuses. This will go a long way in providing requisite assistance to poor litigants, victims of human rights abuse who otherwise will not have the financial base to access the ECOWAS Court.

1. At the level of the Court

In order to effectively protect the rights covered in the various international human rights instruments and especially the African Charter, the rule of law must be respected and upheld.

The rule of law has three basic components namely: independence of the judiciary; supremacy of law over arbitrary powers; and equality of all persons before the law.

1. Independence

Judicial Independence is a prerequisite for the existence of rule of law. The judiciary is the final arbiter, the hope for the common man. In order to achieve its purpose without fear or favour, it must not be under any form of control by any other arm of government. A situation where the judiciary sources for funds from the executive puts the judiciary under the control of the executive and likely compromises its independence.

Article 15 (3) of the Treaty of ECOWAS provides for the independence of the Court from the Member States while Article 3 (i) of the Protocol provides for the independence of the Judges.

However, Member States under under the council of minister exercise control over the budgetary allocation to the Court. A situation may arise where the Court gives a judgment against some Member States who at the same time may be required to decide on the budget of the Court. This may pose a problem but then how should the Court be funded so as to shield it from this situation while at the same time limiting its spending ?

The need for an independent judiciary cannot be overemphasized.

Lord Denning in his book WHAT NEXT IN THE LAW said:

“If I be right thus far - that recourse must be hard to law – it follows as a necessary corollary that the judges must be independent. They must be free from any influence by those who wield power. Otherwise they cannot be trusted to decide whether or not the power is being abused or misused. This independence, I am proud to say, has been achieved in England. The Judges for nearly 300 years now have been absolutely independent – not only of government and ministers; but also of trade unions, of the press and of the media. They will not be diverted from their duty by any extraneous influences, not by hope of reward nor by the fear of the penalties; not by flattering praise nor by indignant reproach. It is sure knowledge of this that gives the people their confidence in the judges”.

The independence of the judiciary is an essential element in access to justice. There is the need to ensure fairness and consistency and eliminate undue influences in the exercise of judicial authority. The integrity of a judicial decision depends not only on the legal knowledge of the judge but to a large extent on the independence and fearless ness of the judge. As Dias (on jurisprudence) puts it:

“There can be no protection against abuse of power even when safeguard are enshrined in a written constitution, if the judges who have to interpret these whenever the government is challenged are only puppets of governments”

Utmost care must therefore be taken in the selection and appointment of Judges.

Available Tools

• Article 1 of the African Charter on Human and Peoples’ Rights defines the legal obligation of states parties with regard to all rights, duties and freedoms contained in the Charter, including economic, social and cultural rights. This means that they shall recognize those rights and shall undertake to adopt legislative or other measures to give effect to them. All ECOWAS Member States are signatories to the Charter and are thus under a legal duty to implement the legal obligations.
• The exclusive powers of the Court to interpret the Treaty under Article 2291) of the 1991 Protocol of the Court is a tool which should be utilized by the Court to effectively define the extent of the provisions of the various legal texts of the Community and thus create the requisite space for it to give effect to those provisions.

Article 19 of the Court’s Protocol makes the decisions of the Court final and immediately enforceable. This is of great advantage to parties who will like to see an end to their litigation without having to go through lengthy appeal procedures.

Limited Access

The Supplementary Protocol which expanded the jurisdiction of the Court also provided for direct access of individuals to the Court in certain circumstances. Though this is an improvement on the state of affairs under its 1991 Protocol, the access granted here is still very limited.

In practice access to justice is easier for some people than for others for various reasons. Ideal justice can be achieved by systematically removing the unnecessary, simplifying the necessary and rethinking the processes from the stand point of those who are to use them. The Court therefore has to continuously look at its processes and procedural layers with a view to simplifying them for easier access to litigants.

Ignorance of its existence has greatly limited the full utilization of the Court. As at date no human rights case has been decided upon by the Court. It is therefore not possible to analyze the attitude of the Court in this regard. We therefore base our discourse on the assumptions that what obtains in other similar courts will likely obtain here.

Within the last two weeks , fifteen human right cases were filed in the court and these will afford the court the opportunity to develop its human rights jurisprudence.

Available Remedies

The international human rights treaties do not specify how a breach of legal obligations should be remedied. The same applies also to the African Charter. Victims of human rights violation should as victims of ordinary crimes have their rights restituted. In the Blazek case which deals with the confiscation of property, the Human Rights Committee expressed the view that pursuant to Article 2(3) (a) of the International Convenant on civil and political rights, the state party was under an obligation to provide the authors with an effective remedy including an opportunity to file a new claim for “restitution or compensation” for an act of discrimination contrary to Article 26 of the Convenant.

See communication No 857/1999, Blazek et al v. the Czech Republic [views adopted on 12thJuly 2001], in UN document GAOR, A/56/40 (vol II), page 173 paragraph 7.

The European Court of Human Rights also awards compensation inter alia to victims of torture and next of kin of victims of murder and compensation has also been granted for pecuniary and non pecuniary or moral damages. See European Court of Human Rights cases of Mahmut Kaya v. Turkey, judgment of 28thMarch 2000 and Price v. the United Kingdom, judgment of 19thJune 2001.

Obligation to act Timorously

The problem of judicial delay challenges the human rights of individuals and erodes the faith of the peoples on the judiciary. The need for prompt and unhindered exercise of available remedies by the Court is especially important in cases involving the right to life, personal liberty, livelihood and property.

The Court must therefore ensure that claims of human rights violations are addressed effectively and with due diligence.

There are however problems which if not properly addressed may lead to delays in the prosecution of cases by the Court. One of these is the problem of translation of documents filed in the Court. Article 32 (2) provides for the translation of pleadings filed by institutions. No similar provision has been made with respect to pleadings filed by private individuals and corporate bodies. The Court is therefore left with the responsibility of translating documents filed into the working languages of the Court –viz English, French and Portuguese. The result of this is that prosecution of cases may be adjourned where the documents have not been translated due to the work load on the translators.

There is thus need to review the provision of that Article to equally provide for the translation of documents filed by private individuals and corporation who now have direct access to the Court.

Judgment of the Court

While Article 15(4) of the ECOWAS Treaty makes the Judgment of the Court binding on Member States, institutions of the Community and individuals and corporate bodies, Article 76 (2) provides for the finality of the decision of the Court. Also Article 19(2) of the 1991 Protocol provides that the decisions of the Court shall be final and immediately enforceable.

The question now is, how can the Court ensure the enforcement of its judgments against Member States?

Strictly speaking the Court has no direct means of doing this but will rely mainly on the respect by member states of the commitments made by by them under the Treaty and other legal instruments .

The Court can also refuse to entertain any application brought by the offending Member State until such a State enforces its decision.

Article 77(1) of the Treaty provides for the imposition of sanctions by the Authority against a Member State that fails to fulfill its obligations to the Community.

It can be said without possibility of contradiction that there are adequate provisional measures within the ECOWAS framework for the protection of Human Rights in the sub region. What needs to be done is the creation of awareness among the peoples of the existence of those structures and at the same time strengthening the capacity of the Court to carry out its obligations under the various texts.

Franca Ofor

Principal Research Officer

Community Court of Justice, ECOWAS

Abuja – Nigeria.

Liberia's Constitution of 1986

We the People of the Republic of Liberia:

Acknowledging our devout gratitude to God for our existence as a Free, Sovereign and Independent State, and relying on His Divine Guidance for our survival as a Nation; 

Realizing from many experiences during the course of our national existence which culminated in the Revolution of April 12, 1980, when our Constitution of July 26, 1847 was suspended, that all of our people, irrespective of history, tradition, creed, or ethnic background are of one common body politic;

Exercising our natural, inherent and inalienable rights to establish a framework of government for the purpose of promoting unity, liberty, peace, stability, equality, justice and human rights under the rule of law, with opportunities for political, social, moral, spiritual and cultural advancement of our society, for ourselves and for our posterity; and 

Having resolved to live in harmony, to practice fraternal love, tolerance and understanding as a people and being fully mindful of our obligation to promote African unity and international peace and cooperation,

Do hereby solemnly make, establish, proclaim, and publish this Constitution for the governance of the Republic of Liberia.

Chapter I

Structure of the State

Article 1

All power is inherent in the people. All free governments are instituted by their authority and for their

benefit and they have the right to alter and reform the same when their safety and happiness so

require. In order to ensure democratic government which responds to the wishes of the governed,

the people shall have the right at such period, and in such manner as provided for under this

Constitution, to cause their public servants to leave office and to fill vacancies by regular elections

and appointments.

Article 2

(1)

This Constitution is the supreme and fundamental law of Liberia and its provisions shall have binding

force and effect on all authorities and persons throughout the Republic.

(2)

Any laws, treaties, statutes, decrees, customs and regulations found to be inconsistent with it shall, to

the extent of the inconsistency, be void and of no legal effect. The Supreme Court, pursuant to its

power of judicial review, is empowered to declare any inconsistent laws unconstitutional.

Article 3

Liberia is a unitary sovereign state divided into counties for administrative purposes. The form of

government is Republican with three separate coordinate branches: the legislative, the Executive and

Judiciary. Consistent with the principles of separation of powers and checks and balances, no person

holding office in one of these branches shall hold office in or exercise any of the powers assigned to

either of the other two branches except as otherwise provided in this Constitution; and no person

holding office in one of the said branches shall serve on any autonomous public agency.

Chapter II

General Principles of National Policy

Article 4

The principles contained in this Chapter shall be fundamental in the governance of the Republic and

shall serve as guidelines in the formulation of legislative, executive and administrative directives,

policy-making and their execution.

Article 5

The Republic shall:

a aim at strengthening the national integration and unity of the people of Liberia, regardless of

ethnic, regional or other differences, into one body politic; and the Legislature shall enact laws

promoting national unification and the encouragement of all citizens to participate in

government;

b preserve, protect and promote positive Liberian culture, ensuring that traditional values which

are compatible with public policy and national progress are adopted and developed as an integral

part of the growing needs of the Liberian society;

c take steps, by appropriate legislation and executive orders, to eliminate sectionalism and

tribalism, and such abuses of power as the misuse of government resources, nepotism and all

other corrupt practices.

Article 6

The Republic shall, because of the vital role assigned to the individual citizen under this Constitution

for the social, economic and political well being of Liberia, provide equal access to educational

opportunities and facilities for all citizens to the extent of available resources. Emphasis shall be

placed on the mass education of the Liberian people and the elimination of illiteracy.

Article 7

The Republic shall, consistent with the principles of individual freedom and social justice enshrined in

this Constitution, manage the national economy and the natural resources of Liberia in such manner

as shall ensure the maximum feasible participation of Liberian citizens under conditions of equality as

to advance the general welfare of the Liberian people and the economic development of Liberia.

Article 8

The Republic shall direct its policy towards ensuring for all citizens, without discrimination,

opportunities for employment and livelihood under just and humane conditions, and towards

promoting safety, health and welfare facilities in employment.

Article 9

The Republic shall encourage the promotion of bilateral and regional cooperation between and

among Liberian and other nations and the formation and maintenance of regional organizations

aimed at the cultural, social, political and economic development of the peoples of Africa and other

nations of the world.

Article 10

The Republic shall ensure the publication and dissemination of this Constitution throughout the

Republic and the teaching of its principles and provisions in all institutions of learning in Liberia.

CHAPTER III

FUNDAMENTAL RIGHTS

Article 11

a

All persons are born equally free and independent and have certain natural, inherent and inalienable

rights, among which are the right of enjoying and defending life and liberty, of pursuing and

maintaining and security of the person and of acquiring, possessing and protecting property, subject

to such qualifications as provided for in this Constitution.

b

All persons, irrespective of ethnic background, race, sex, creed, place of origin or political opinion, are

entitled to the fundamental rights and freedoms of the individual, subject to such qualifications as

provided for in this Constitution.

c

All persons are equal before the law and are therefore entitled to the equal protection of the law.

Article 12

No person shall be held in slavery or forced labor within the Republic, nor shall any citizen of Liberia

nor any person resident therein deal in slaves or subject any other person to forced labor, debt

bondage or peonage; but labor reasonably required in consequence of a court sentence or order

conforming to acceptable labor standards, service in the military, work or service which forms part of

normal civil obligations or service exacted in cases of emergency or calamity threatening the life or

well-being of the community shall not be deemed forced labor.

Article 13

a

Every person lawfully within the Republic shall have the right to move freely throughout Liberia, to

reside in any part thereof and to leave therefrom subject however to the safeguarding of public

security, public order, public health or morals or the rights and freedoms of others.

b

Every Liberian Citizen shall have the right to leave and to enter Liberia at any time. Liberian citizens

and non-Liberian residents may be extradited to foreign country for prosecution of a criminal offense

in accordance with the provisions of an extradition treaty or other reciprocal international

agreements in force. Non-Liberian residents may be expelled from the Republic of Liberia for cause.

Article 14

All persons shall be entitled to freedom of thought, conscience and religion and no person shall be

hindered in the enjoyment thereof except as may be required by law to protect public safety, order,

health, or morals or the fundamental rights and freedoms of others. All persons who, in the practice of

their religion, conduct themselves peaceably, not obstructing others and conforming to the standards

set out herein, shall be entitled to the protection of the law. No religious denomination or sect shall

have any exclusive privilege or preference over any other, but all shall be treated alike; and no

religious tests shall be required for any civil or military office or for the exercise of any civil right.

Consistent with the principle of separation of religion and state, the Republic shall establish no state

religion.

Article 15

a

Every person shall have the right to freedom of expression, being fully responsible for the abuse

thereof. This right shall not be curtailed, restricted or enjoined by government save during an

emergency declared in accordance with this Constitution.

b

The right encompasses the right to hold opinions without interference and the right to knowledge. It

includes freedom of speech and of the press, academic freedom to receive and impart knowledge and

information and the right of libraries to make such knowledge available. It includes non-interference

with the use of the mail, telephone and telegraph. It likewise includes the right to remain silent.

c

In pursuance of this right, there shall be no limitation on the public right to be informed about the

government and its functionaries.

d

Access to state owned media shall not be denied because of any disagreement with or dislike of the

ideas express. Denial of such access may be challenged in a court of competent jurisdiction.

e

This freedom may be limited only by judicial action in proceedings grounded in defamation or

invasion of the rights of privacy and publicity or in the commercial aspect of expression in deception,

false advertising and copyright infringement.

Article 16

No person shall be subjected to interference with his privacy of person, family, home or

correspondence except by order of a court of competent jurisdiction.

Article 17

All persons, at all times, in an orderly and peaceable manner, shall have the right to assemble and

consult upon the common good, to instruct their representatives, to petition the Government or

other functionaries for the redress of grievances and to associate fully with others or refuse to

associate in political parties, trade unions and other organizations.

Article 18

All Liberian citizens shall have equal opportunity for work and employment regardless of sex, creed,

religion, ethnic background, place of origin or political affiliation, and all shall be entitled to equal pay

for equal work.

Article 19

No person other than members of the Armed Forces of Liberia or of the militia in active service shall

be subject to military law, or made to suffer any pains or penalties by virtue of that law, or be tried by

courts-martial.

Article 20

a

No person shall be deprived of life, liberty, security of the person, property, privilege or any other

right except as the outcome of a hearing judgment consistent with the provisions laid down in this

Constitution and in accordance with due process of law. Justice shall be done without sale, denial or

delay; and in all cases not arising in courts not of record, under courts-martial and upon impeachment,

the parties shall have the right to trial by jury.

b

The right of an appeal from a judgment, decree, decision or ruling of any court or administrative board

or agency, except the Supreme Court, shall be held inviolable. The legislature shall prescribe rules and

procedures for the easy, expeditious and inexpensive filing and hearing of an appeal.

Article 21

a

No person shall be made subject to any law or punishment which was not in effect at the time of

commission of an offense, nor shall the Legislature enact any bill of attainder or ex post facto law.

b

No person shall be subject to search or seizure of his person or property, whether on a criminal

charge or for any other purpose, unless upon warrant lawfully issued upon probable cause supported

by a solemn oath or affirmation, specifically identifying the person or place to be searched and stating

the object of the search; provided, however, that a search or seizure shall be permissible without a

search warrant where the arresting authorities act during the commission of a crime or in hot pursuit

of a person who has committed a crime.

c

Every person suspected or accused of committing a crime shall immediately upon arrest be informed

in detail of the charges, of the right to remain silent and of the fact that any statement made could be

used against him in a court of law. Such person shall be entitled to counsel at every stage of the

investigation and shall have the right not to be interrogated except in the presence of counsel. Any

admission or other statements made by the accused in the absence of such counsel shall be deemed

inadmissible as evidence in a court of law.

d

(i)

All accused persons shall be bailable upon their personal recognizance or by sufficient sureties,

depending upon the gravity of the charge, unless charged for capital offenses or grave offenses as

defined by law.

(ii)

Excessive bail shall not be required, nor excessive fines imposed, nor excessive punishment inflicted.

e

No person charged, arrested, restricted, detained or otherwise held in confinement shall be subject to

torture or inhumane treatment; nor shall any person except military personnel, be kept or confined in

any military facility; nor shall any person be seized and kept among convicted prisoners or treated as

a convict, unless such person first shall have been convicted of a crime in court of competent

jurisdiction. The Legislature shall make it a criminal offense and provide for appropriate penalties

against any police or security officer, prosecutor, administrator or any other public or security officer,

prosecutor, administrator or any other public official acting in contravention of this provision; and

any person so damaged by the conduct of any such public official shall have a civil remedy therefor,

exclusive of any criminal penalties imposed.

f

Every person arrested or detained shall be formally charged and presented before a court of

competent jurisdiction within forty-eight hours. Should the court determine the existence of a prima

facie case against the accused, it shall issue a formal writ of arrest setting out the charge or charges

and shall provide for a speedy trial. There shall be no preventive detention.

g

The right to the writ of habeas corpus, being essential to the protection of human rights, shall be

guaranteed at all times, and any person arrested or detained and not presented to court within the

period specified may in consequence exercise this right.

h

No person shall be held to answer for a capital or infamous crime except in cases of impeachment,

cases arising in the Armed Forces and petty offenses, unless upon indictment by Grand Jury; and in all

such cases, the accused shall have the right to a speedy, public and impartial trial by a jury of the

vicinity, unless such person shall, with appropriate understanding, expressly waive the right to a jury

trial. In all criminal cases, the accused shall have the right to be represented by counsel of his choice,

to confront witnesses against him and to have compulsory process for obtaining witnesses in his

favor. He shall not be compelled to furnish evidence against himself and he shall be presumed

innocent until the contrary is proved beyond a reasonable doubt. No person shall be subject to double

jeopardy.

i

The right to counsel and the rights of counsel shall be inviolable. There shall be no interference with

the lawyer-client relationship. In all trials, hearings, interrogatories and other proceedings where a

person is accused of a criminal offense, the accused shall have the right to counsel of his choice; and

where the accused is unable to secure such representation, the Republic shall make available legal aid

services to ensure the protection of his rights. There shall be absolute immunity from any

government sanctions or interference in the performance of legal services as a counselor or

advocate; lawyers' offices and homes shall not be searched or papers examined or taken save

pursuant to a search warrant and court order; and no lawyer shall be prevented from or punished for

providing legal services, regardless of the charges against or the guilt of his client, no lawyer shall be

barred from practice for political reasons.

k

Any person who, upon conviction of a criminal offense, was deprived of the enjoyment of his civil

rights and liberties, shall have the same automatically restored upon serving the sentence and

satisfying any other penalty imposed, or upon an executive pardon.

Article 22

a

Every person shall have the right to own property alone as well as in association with others;

provided that only Liberian citizens shall have the right to own real property within the Republic.

b

Private property rights, however, shall not extend to any mineral resources on or beneath any land or

to any lands under the seas and waterways of the Republic. All mineral resources in and under the

seas and other waterways shall belong to the Republic and be used by and for the entire Republic.

c

Non-citizen missionary, educational and other benevolent institutions shall have the right to own

property, as long as that property is used for the purposes for which acquired; property no longer so

used shall escheat to the Republic.

d

The Republic may, on the basis of reciprocity, convey to a foreign government property to be used

perpetually for its diplomatic activities. This land shall not be transferred or otherwise conveyed to

any other party or used for any other purpose, except upon the expressed permission of the

Government of Liberia. All property so conveyed may escheat to the Republic in the event of a

cessation of diplomatic relations.

Article 23

a

The property which a person possesses at the time of marriage or which may afterwards be acquired

as a result of one's own labors shall not be held for or otherwise applied to the liquidation of the debts

or other obligations of the spouse, whether contracted before or after marriage; nor shall the

property which by law is to be secured to a man or a woman be alienated or be controlled by that

person's spouse save by free and voluntary consent.

b

The Legislature shall enact laws to govern the devolution of estates and establish rights of

inheritance and descent for spouses of both statutory and customary marriages so as to give

adequate protection to surviving spouses and children of such marriages.

Article 24

a

While the inviolability of private property shall be guaranteed by the Republic, expropriation may be

authorized for the security of the nation in the event of armed conflict or where the public health and

safety are endangered or for any other public purposes, provided:

(i) that reasons for such expropriation are given;

(ii) that there is prompt payment of just compensation;

(iii) that such expropriation or the compensation offered may be challenged freely by the owner of

the property in a court of law with no penalty for having brought such action; and

(iv) that when property taken for public use ceases to be so used, the Republic shall accord the

former owner or those entitled to the property through such owner, the right of first refusal to

reacquire the property.

b

All real property held by a person whose certificate of naturalization has been cancelled shall escheat

to the Republic unless such person shall have a spouse and/or lineal heirs who are Liberian citizens, in

which case the real property shall be transferred to them in accordance with the intestacy law.

c

The power of the Legislature to provide punishment for treason or other crimes shall not include a

deprivation or forfeiture of the right of inheritance, although its enjoyment by the convicted person

shall be postponed during a term of imprisonment judicially imposed; provided that if the convicted

person has minor children and a spouse, the spouse or next of kin in the order of priority shall

administer the same. No punishment shall preclude the inheritance, enjoyment or forfeiture by

others entitled thereto of any property which the convicted person at the time of conviction or

subsequent thereto may have possessed.

Article 25

Obligation of contract shall be guaranteed by the Republic and no laws shall be passed which might

impair this right.

Article 26

Where any person or any association alleges that any of the rights granted under this Constitution or

any legislation or directives are constitutionally contravened, that person or association may invoke

the privilege and benefit of court direction, order or writ, including a judgment of unconstitutionality;

and anyone injured by an act of the Government or any person acting under its authority, whether in

property, contract, tort or otherwise, shall have the right to bring suit for appropriate redress. All

such suits brought against the Government shall originate in a Claims Court; appeals from judgment

of the Claims Court shall lie directly to the Supreme Court.

Chapter IV

Citizenship

Article 27

a

All persons who, on the coming into force of this Constitution were lawfully citizens of Liberia shall

continue to be Liberian citizens.

b

In order to preserve, foster and maintain the positive Liberian culture, values and character, only

persons who are Negroes or of Negro descent shall qualify by birth or by naturalization to be citizens

of Liberia.

c

The Legislature shall, adhering to the above standard, prescribe such other qualification criteria for

the procedures by which naturalization may be obtained.

Article 28

Any person, at least one of whose parents was a citizen of Liberia at the time of the Person's birth,

shall be a citizen of Liberia; provided that any such person shall upon reaching maturity renounce any

other citizenship acquired by virtue of one parent being a citizen of another country. No citizen of the

Republic shall be deprived of citizenship or nationality except as provided by law; and no person shall

be denied the right to change citizenship or nationality.

Chapter V

The Legislature

Article 29

The legislative power of the Republic shall be vested in the Legislature of Liberia which shall consist

of two separate houses: A Senate and a House of Representatives, both of which must pass on all

legislation. The enacting style shall be: "It is enacted by the Senate and House of Representatives of

the Republic of Liberia in Legislature assembled."

Article 30

Citizens of Liberia who meet the following qualifications are eligible to become members of the

Legislature.

a for the Senate, have attained the age of 30 years and for the House of Representatives, have

attained the age of 25 years;

b be domiciled in the country or constituency to be represented not less than one year prior to the

time of the election and be a taxpayer.

Article 31

Each member of the Legislature, before taking his seat and entering upon the duties of office, shall

take and subscribe to a solemn oath of affirmation, before the presiding officer of the House to which

such person was elected and in the presence of other members of that House, to uphold and defend

the Constitution and laws of the Republic and to discharge faithfully the duties of such office.

Article 32

a

The Legislature shall assemble in regular session once a year on the second working Monday in

January.

b

The President shall, on his own initiative or upon receipt of a certificate signed by at least one-fourth

of the total membership of each House, and by proclamation, extend a regular session of the

Legislature beyond the date for adjournment or call a special extraordinary session of that body to

discuss or act upon matters of national emergency and concern. When the extension or call is at the

request of the Legislature, the proclamation shall be issued not later than forty-eight hours after

receipt of the certificate by the President.

Article 33

Simple majority of each House shall constitute a quorum for the transaction of business, but a lower

number may adjourn from day to day and compel the attendance of absent members. Whenever the

House of Representatives and the Senate shall meet in joint session, the presiding officer of the

House of Representatives shall preside.

Article 34

The Legislature shall have the power:

a to create new counties and other political sub-division, and readjust existing county boundaries;

b to provide for the security of the Republic;

c to provide for the common defense, to declare war and authorize the Executive to conclude

peace; to raise and support the Armed Forces of the Republic, and to make appropriations

therefor provided that no appropriation of money for that use shall be for a longer term than on

year; and to make rules for the governance of the Armed Forces of the Republic;

d to levy taxes, duties, imports, exercise and other revenues, to borrow money, issue currency,

mint coins, and to make appropriations for the fiscal governance of the Republic, subject to the

following qualifications:

(i) all revenue bills, whether subsidies, charges, imports, duties or taxes, and other financial bills,

shall originate in the House of Representatives, but the Senate may propose or concur with

amendments as on other bills. No other financial charge shall be established, fixed, laid or levied

on any individual, community or locality under any pretext whatsoever except by the expressed

consent of the individual, community or locality. In all such cases, a true and correct account of

funds collected shall be made to the community or locality;

(ii) no monies shall be drawn from the treasure except in consequence of appropriations made by

legislative enactment and upon warrant of the President; and no coin shall be minted or national

currency issued except by the expressed authority of the Legislature. An annual statement and

account of the expenditure of all public monies shall be submitted by the office of the President

to the Legislature and published once a year;

(iii) no loans shall be raised by the Government on behalf of the Republic or guarantees given for

any public institutions or authority otherwise than by or under the authority of a legislative

enactment;

e to constitute courts inferior to the Supreme Court, including circuit courts, claims courts and

such courts with prescribed jurisdictional powers as may be deemed necessary for the proper

administration of justice throughout the Republic;

f to approve treaties, conventions and such other international agreements negotiated or signed

on behalf of the Republic;

g to regulate trade and commence between Liberia and other nations;

h to establish laws for citizenship, naturalization and residence;

i to enact the election laws;

k to establish various categories of criminal offenses and provide for the punishment thereof;

l to enact laws providing pension scheme for various categories of government officials and

employees in accordance with age and tenure of service; and

m to make other laws which shall be necessary and proper for carrying into execution the foregoing

powers, and all other powers vested by this Constitution in the Government of the Republic, or in

any department or officer thereof.

Article 35

(1)

Each bill or resolution which shall have passed both Houses of the Legislature shall, before it becomes

law, be laid before the President for his approval. If he grants approval, it shall become law. If the

President does not approve such bill or resolution, he shall return it, with his objections, to the House

in which it originated. In so doing, the President may disapprove of the entire bill or resolution or any

item or items thereof. This veto may be overridden by the re-passage of such bill, resolution or item

thereof by a veto of two-thirds of the members in each House, in which case it shall become law. If the

President does not return the bill or resolution within twenty days after the same shall have been laid

before him it shall become law in like manner as if he had signed it, unless the Legislature by

adjournment prevents its return.

(2)

No bill or resolution shall embrace more than one subject which shall be expressed in its title.

Article 36

The Senators and Representatives shall receive from the Republic remuneration for their services to

be fixed by law, provided that any increase shall become effective at the beginning of the next fiscal

year.

Article 37

In the event of a vacancy in the Legislature caused by death, resignation, expulsion or otherwise, the

presiding officer shall within 30 days notify the Elections Commission thereof. The Elections

Commission shall not later than 90 days thereafter cause a by election to be held; provided that

where such vacancy occurs within 90 days prior to the holding of general elections, the filling of the

vacancy shall await the holding of such general elections.

Article 38

Each House shall adopt its own rules of procedure, enforce order and with the concurrence of

two-thirds of the entire membership, may expel a member for cause. Each House shall establish its

own committees and sub-committees; provided, however, that the committees on revenues and

appropriations shall consist of one member from each County. All rules adopted by the Legislature

shall conform to the requirements of due process of law laid down in this Constitution.

Article 39

The Legislature shall cause a census of the Republic to be undertaken every ten years.

Article 40

Neither House shall adjourn for more than five days without the consent of the other and both

Houses shall always sit in the same city.

Article 41

The business of the Legislature shall be concluded in the English language or, when adequate

preparations shall have been made, in one more of the languages of the Republic as the Legislature

may by resolution approve.

Article 42

No member of the Senate or House of Representatives shall be arrested, detained, prosecuted or

tried as a result of opinions expressed or votes cast in the exercise of the functions of his office.

Members shall be privileged from arrest while attending, going to or returning from sessions of the

Legislature, except for treason, felony or breach of the peace. All official acts done or performed and

all statement made in the Chambers of the Legislature shall be privileged, and no Legislator shall be

held accountable or punished therefor.

Article 43

The power to prepare a bill of impeachment is vested solely in the House of Representatives, and the

power to try all impeachments is vested solely in the Senate. When the President, Vice President or

an Associate Justice is to be tried, the Chief Justice shall preside; when the Chief Justice or a judge of

a subordinate court of record is to be tried, the President of the Senate shall preside. No person shall

be impeached but by the concurrence of two-thirds of the total membership of the Senate.

Judgements in such cases shall not extend beyond removal from office and disqualification to hold

public office in the Republic; but the party may be tried at law for the same offense. The Legislature

shall prescribe the procedure for impeachment proceedings which shall be in conformity with the

requirements of due process of law.

Article 44

Contempt of the Legislature shall consist of actions which obstruct the legislative functions or which

obstruct or impede members or officers of the Legislature in the discharge of their legislative duties

and may be punished by the House concerned by reasonable sanctions after a hearing consistent with

due process of law. No sanctions shall extend beyond the session of the Legislature wherein it is

imposed, and any sanction imposed shall conform to the provisions on Fundamental Rights laid down

in the Constitution. Disputes between legislators and non-members which are properly cognizable in

the courts shall not be entertained or heard in the Legislature.

Article 45

The Senate shall composed of Senators elected for a term of nine years by the registered voters in

each of the counties, but a Senator elected in a by-election to fill a vacancy created by death,

resignation, expulsion or otherwise, shall be so elected to serve only the remainder of the unexpired

term of office. Each county shall elect two Senators and each Senator shall have one vote in the

Senate. Senators shall be eligible for re-election.

Article 46

Immediately after the Senate shall have assembled following the elections prior to the coming into

force of this Constitution, the Senators shall be divided into two categories as a result of the votes

cast in each county. The Senator with the higher votes cast shall be the Senator from a county shall be

placed in the same category. The seats of Senators of the first category shall be vacated at the

expiration of the ninth year. In the interest of legislative continuity, the Senators of the second

category shall serve a first term of six years only, after the first elections. Thereafter, all Senators

shall be elected to serve a term of nine years.

Article 47

The Senate shall elect once every six years a President Pro Tempore who shall preside in the absence

of the President of the Senate, and such shall officers as shall ensure the proper functioning of the

Senate. The President Pro Tempore and other officers so elected may be removed from office for

cause by resolution of a two-theirs majority of the members of the Senate.

Article 48

The House of Representatives shall be composed of members elected for a term of six years by the

registered voters in each of the legislative constituencies of the counties, but a member of the House

of Representatives elected in a by-election to fill a vacancy created by death, resignation or

otherwise, shall be elected to serve only the remainder of the unexpired term of the office. Members

of the House of Representatives shall be eligible for re-election.

Article 49

The House of Representative shall elect once every six years a Speaker who shall be the presiding

officer of that body, a Deputy Speaker, and such other officers as shall ensure the proper functioning

of the House. The speaker, the Deputy Speaker and other officers so elected may be removed from

office for cause by resolution of a two-thirds majority of the members of the House.

Chapter IV

The Executive

Article 50

The Executive Power of the Republic shall be vested in the President who shall be Head of State,

Head of Government and Commander-in-Chief of the Armed Forces of Liberia. The president shall be

elected by universal adult suffrage of registered voters in the Republic and shall hold office for a term

of six years commencing at noon on the third working Monday in January of the year immediately

following the elections. No person shall serve as President for more than two terms.

Article 51

There shall be a Vice-President who shall assist the President in the discharge of his functions. The

Vice-President shall be elected on the same political ticket and shall serve the same term as the

President. The Vice-President shall be President of the Senate and preside over its deliberations

without the right to vote, except in the case of a tie vote. He shall attend meetings of the cabinet and

other governmental meetings and shall perform such functions as the President shall delegate or

deem appropriate; provided that no powers specifically vested in the President by the provisions of

this Constitution shall be delegated to the Vice-President.

Article 52

No person shall be eligible to hold the office of President or Vice-President, unless that person is:

a a natural born Liberian citizen of not less than 35 years of age;

b the owner of unencumbered real property valued at not less than twenty-five thousand dollars;

and

c resident in the Republic ten years prior to his election, provided that the President and the

Vice-President shall not come from the same County.

Article 53

a

The President and the Vice-President shall, before entering on the execution of the duties of their

respective offices, take a solemn oath or affirmation to preserve, protect and defend the Constitution

and laws of the Republic and faithfully execute the duties of the office. The oath or affirmation shall

be administered in joint convention of both Houses of the Legislature by the Chief Justice or, in his

absence, the most senior Associate Justice.

b

In an emergency where the Chief Justice and the Associate Justice are not available, such oath or

affirmation shall be administered by a judge of a subordinate court of record.

Article 54

The President shall nominate and, with the consent of the Senate, appoint and commission--

a cabinet ministers, deputy and assistant cabinet ministers;

b ambassadors, ministers, consuls; and

c the Chief Justice and Associate Justice of the Supreme Court and judges of subordinate courts;

d superintendents, other county officials and officials of other political sub-divisions;

e members of the military from the rank of lieutenant of its equivalent and above; and

f marshals, deputy marshals, and sheriffs.

Article 55

The President shall appoint and commission Notaries Public and Justices of the Peace who shall hold

office for a term of two years but may be removed by the President for cause. They shall be eligible

for appointment.

Article 56

a

All cabinet ministers, deputy and assistant cabinet ministers, ambassadors, ministers and consuls,

superintendents of counties and other government officials, both military and civilian, appointed by

the President pursuant to this Constitution shall hold their offices at the pleasure of the President.

b

There shall be elections of Paramount, Clan and Town Chiefs by the registered voters in their

respective localities, to serve for a term of six years. They may be re-elected and may be removed

only by the President for proved misconduct. The Legislature shall enact laws to provide for their

qualifications as may be required.

Article 57

The President shall have the power to conduct the foreign affairs of the Republic and in that

connection he is empowered to conclude treaties, conventions and similar international agreements

with the concurrence of a majority of each House of the Legislature.

Article 58

The President shall, on the fourth working Monday in January of each year, present the

administration's legislative program for the ensuing session, and shall once a year report to the

Legislature on the state of the Republic. In presenting the economic condition of the Republic the

report shall cover expenditure as well as income.

Article 59

The President may remit any public forfeitures and penalties suspend and fines and sentences, grant

reprieves and pardons, and restore civil rights after conviction for all public offenses, except

impeachment.

Article 60

The President and the Vice-President shall receive salaries which shall be determined by the

Legislature and be paid by the Republic. Such salaries shall be subject to taxes as defined by law and

shall neither be increased nor diminished during the period for which the President and the

Vice-President shall have elected.

Article 61

The President shall be immune from any suits, actions or proceedings, judicial or otherwise, and from

arrest, detention or other actions on account of any act done by him while President of Liberia

pursuant to any provision of this Constitution or any other laws of the Republic. The President shall

not, however, be immune from prosecution upon removal from office for the commission of any

criminal act done while President.

Article 62

The President and the Vice-President may be removed from office by impeachment for treason,

bribery and other felonies, violation of the Constitution or gross misconduct.

Article 63

a

Whenever a person elected to the office of President dies or is otherwise incapacitated before being

inaugurated into office, the Vice--President elected shall succeed to the office of President, and this

accession shall commence a term.

b

Whenever the office of the President shall become vacant by reason of death, resignation,

impeachment, or the President shall be declared incapable of carrying out the duties and functions of

his office, the Vice-President shall succeed to the of the President to complete the unexpired term. In

such a case, this not constitute a term.

c

The Legislature shall, no later than one year after the coming into force of this Constitution, prescribe

the guidelines and determine the procedure under which the President, by reason of illness, shall be

declared incapable of carrying out the functions of his office.

d

Whenever the office of the Vice-President becomes vacant by reason of death, resignation,

impeachment, inability or otherwise, the President shall, without delay, nominate a candidate who,

with the concurrence of both Houses of the Legislature, shall be sworn in and hold office as

Vice-President until the next general elections are held. Whenever the Vice-President elect dies,

resigns, or is incapacitated before being inaugurated, the President elected on the same ticket with

him, shall, after being inaugurated into office, nominate without delay a candidate who, with the

concurrence of both Houses of the Legislature, shall be sworn in an hold office as Vice-President until

the next general elections are held.

Article 64

Whenever the office of the President and of the Vice-President shall become vacant by reason of

removal, death, resignation, inability or other disability of the President and Vice-President, the

Speaker of the House of Representatives shall be sworn in as Acting President until the holding of

elections to fill the vacancies so created. Should the Speaker be legally incapable or otherwise unable

to assume the office of Acting President, then the same shall devolve in order upon the Deputy

speaker and members of the Cabinet in the order of precedence as established by law. The Elections

Commission shall within ninety days conduct elections for a new President and a new Vice-President.

Chapter VII

The Judiciary

Article 65

The Judicial Power of the Republic shall be vested in a Supreme Court and such subordinate courts as

the legislature may from time to time establish. The courts shall apply both statutory and customary

laws in accordance with the standards enacted by the Legislature. Judgements of the Supreme Court

shall be final and binding and shall not be subject to appeal or review by any other branch of

Government. Nothing in this Article shall prohibit administrative consideration of the Justiciable

matter prior to review by a court of competent jurisdiction.

Article 66

The Supreme Court shall be final arbiter of constitutional issues and shall exercise final appellate

jurisdiction in all cases whether emanating from courts of record, courts not of record, administrative

agencies, autonomous agencies or any other authority, both as to law and fact except cases involving

ambassadors, ministers, or cases in which a country is a party. In all such cases, the Supreme Court

shall exercise original jurisdiction. The Legislature shall make no law nor create any exceptions as

would deprive the Supreme Court of any of the powers granted herein.

Article 67

The Supreme Court shall comprise of one Chief Justice and four Associate Justice, a majority of

whom shall be deemed competent to transact the business of the Court. It a quorum is not obtained

to enable the Court to hear any case, a circuit judge in the order of seniority shall sit as an ad hoc

justice of the Supreme Court.

Article 68

The Chief Justice and Associate Justice of the Supreme Court shall, with the consent of the Senate, be

appointed and commissioned by the President; provided that any person so appointed shall be:

a a citizen of Liberia and of good moral character; and

b a counselor of the Supreme Court Bar who has practiced for at least 5 years.

Article 69

The judges of subordinate courts of record shall, with the consent of the Senate, be appointed and

commissioned by the President, provided that any person so appointed shall be:

a a citizen of Liberia and of good moral character; and

b an Attorney-at-Law whom has practiced for at least 3 years, or a counselor of the Supreme Court

Bar.

Article 70

The Chief Justice and the Associate Justices of the Supreme Court and all judges of subordinate

courts shall, before assuming the functions of their office, subscribe to a solemn oath or affirmation to

discharge faithfully and impartially the duties and functions of their office and to preserve, protect

and defend the Constitution and laws of the Republic. The oath or affirmation shall be administered

by the president or his designee.

Article 71

The Chief Justice and Associates Justices of the Supreme Court and the judges of subordinate courts

of record shall hold office during good behavior. They may be removed upon impeachment and

conviction by the Legislature based on proved misconduct, gross breach of duty, inability to perform

the functions of their office, or conviction in a court of law for treason, bribery or other infamous

crimes.

Article 72

a

The Justices of the Supreme Court and all other judges shall receive such salaries, allowances and

benefits as shall be established by law. Such salaries shall be subject to taxes as defined by law,

provided that they shall not otherwise be diminished. Allowances and benefits paid to Justices of the

Supreme Court and judges of subordinate courts may by law be increased but may not be diminished

except under a national program enacted by the Legislature; nor shall such allowance and benefits be

subject to taxation.

b

The Chief Justice and the Associate Justices of the Supreme Court and judges of subordinate courts

of record shall be retired at the age of seventy; provided, however, that a justice of judge who has

attained that age may continue in office for as long as may be necessary to enable him to render

judgement or perform any other judicial duty in regard to proceedings entertained by him before the

attained that age.

Article 73

No judicial official shall be summoned, arrested, detained, prosecuted or tried civilly or criminally by

or at the instance of any person or authority on account of judicial opinions rendered or expressed,

judicial statements made and judicial acts done in the course of a trial in open court or in chambers,

except for treason or other felonies, misdemeanor or breach of the peace. Statements made and acts

done by such officials in the course of a judicial proceeding shall be privileged, and, subject to the

above qualification, no such statement made or acts done shall be admissible into evidence against

them at any trial or proceeding.

Article 74

In all matters of contempt of court, whether in the Supreme Court or in other courts, the penalties to

be imposed shall be fixed by the Legislature and shall conform to the provision on Fundamental

Rights laid down in this Constitution.

Article 75

The Supreme Court shall from time to time make rules of court for the purpose of regulating the

practice, procedures and manner by which cases shall be commenced and heard before it and all

other subordinate courts. It shall prescribe such code of conduct for lawyers appearing before it and

all other subordinate courts as may be necessary to facilitate the proper discharge of the court's

functions. Such rules and code, however, shall not contravene any statutory provisions or any

provisions of this Constitution.

Article 76

a

Treason against the Republic shall consist of:

(1) levying war against the Republic;

(2) aligning oneself with or aiding and abetting another nation or people with whom Liberia is at war

or in a state of war;

(3) acts of espionage for an enemy state;

(4) attempting by overt act to overthrow the Government, rebellion against the Republic,

insurrection and mutiny; and

(5) abrogating or attempting to abrogate, subverting or attempting or conspiring to subvert the

Constitution by use of force or show of force or any other means which attempts to undermine

this Constitution.

b

The Legislature shall have the power to declare the punishment for treason; provided, however, that

such punishment shall not include a deprivation or forfeiture of the right of inheritance by the

convicted person of any property although he may not be entitled to enjoyment thereof for as long as

he continues to serve the term of imprisonment imposed after conviction in a court of competent

jurisdiction. The right to enjoyment of any property inherited or otherwise conveyed to or acquired

by such convicted person shall be automatically restored upon serving the term of imprisonment or

other punishment, or upon an executive pardon by the President. No punishment shall preclude the

inheritance and enjoyment, or cause the forfeiture by others entitled thereto, of any property which

the convicted person at the time of any conviction or subsequent thereto may have possessed or

been seized.

Chapter VIII

Political Parties and Elections

Article 77

a

Since the essence of democracy is free competition of ideas expressed by political parties and

political groups as well as by individuals, parties may freely be established to advocate the political

opinions of the people. Laws, regulations, decrees or measures which might have the effect of

creating a one-party state shall be declared unconstitutional.

b

All elections shall be by secret ballot as may be determined by the Elections Commission, and every

Liberian citizen not less than 18 years of age, shall have the right to be registered as a voter and to

vote in public elections and referenda under this Constitution. The Legislature shall enact laws

indicating the category of Liberians who shall not form or become members of political parties.

Article 78

As used in this Chapter, unless the context otherwise requires, an "association" means a body of

persons, corporate or other, which acts together for a common purpose, and includes a group of

people organized for any ethnic, social, cultural, occupational or religious objectives; a "political

party" shall be an association with a membership of not less than five hundred qualified voters in each

of at least six counties, whose activities include canvassing for votes on any public issue or in support

of a candidate for elective public office; and an "independent candidate" shall be a person seeking

electoral post or office with or without his own organization, acting independently of a political party.

Article 79

No association, by whatever name called, shall function as a political party, nor shall any citizen be an

independent candidate for election to public office, unless:

a the association or independent candidate and his organization meet the minimum registration

requirements laid down by the Elections Commission and are registered with it. Registration

requirements shall include filing with the Elections Commission a copy of the constitution of the

association and guidelines of the independent candidate and his organization, a detailed

statement of the names and addresses of the association and its officers or of the independent

candidate and the officers of his organization, and fulfillment of the provision of sub-sections (b),

(c), (d) and (e) hereof. Registration by the Elections Commission of any association or

independent candidate and his organization shall vest in the entity or candidate and his

organization so registered legal personality, with the capacity to own property, real, personal or

mixed, to sue and be sued and to hold accounts. A denial of registration or failure by the Elections

Commission to register any applicant may be challenged by the applicant in the Supreme Court;

b the membership of the association or the independent candidate's organization is open to every

citizen of Liberia, irrespective of sex, religion or ethnic background, except as otherwise provided

in this Constitution.

c the headquarters of the association or independent candidate and his organization is situated:

(i) in the capital of the Republic where an association is involved or where an independent

candidate seeks election to the office of President or Vice- President;

(ii) in the headquarters of the county where an independent candidate seeks election as a Senator;

and

(iii) in the electoral center in the constituency where the candidate seeks election as a member of

the House of Representatives or to any other public office;

d the name, objective, emblem or motto of the association or of the independent candidate and his

organization is free from any religious connotations or divisive ethnic implications and that the

activities of the association or independent candidate are not limited to a special group or, in the

case of an association, limited to a particular geographic area of Liberia;

e the constitution and rules of the political party shall conform to the provisions of this

Constitution, provide for the democratic elections of officers and/or governing body at least

once every six years, and ensure the election of officers from as many of the regions and ethnic

groupings in the country as possible. All amendments to the Constitution or rules of a political

party shall be registered with the Elections Commission no later than ten days from the effective

dates of such amendments.

Article 80

a

Parties or organizations which, by reason of their aims or the behavior of their adherents, seek to

impair or abolish the free democratic society of Liberia or to endanger the existence of the Republic

shall be denied registration.

b

Parties or organization which retain, organize, train or equip any person or group of persons for the

use or display of physical force or coercion in promoting any political objective or interest, trained or

equipped, shall be denied registration, or if registered, shall have their registration revoked.

c

Every Liberian citizen shall have the right to be registered in a constituency, and to vote in public

elections only in the constituency where registered, either in person or by absentee ballot; provided

that such citizen shall have the right to change his voting constituency as may be prescribed by the

Legislature.

d

Each constituency shall have an approximately equal population of 20,000, or such number of citizens

as the legislature shall prescribe in keeping with population growth and movements as revealed by a

national census; provided that the total number of electoral constituencies in the Republic shall not

exceed one hundred.

e

Immediately following a national census and before the next election, the Elections Commission shall

reapportion the constituencies in accordance with the new population figures so that every

constituency shall have as close to the same population as possible; provided, however, that a

constituency must be solely within a county.

Article 81

(1)

Any citizen, political party, organization, or association, being resident in Liberia, of Liberian

nationality or origin and not otherwise disqualified under the provisions of this

(2)

Constitution and laws of the land, shall have the right to canvass for the votes for any political party

or candidate at any election, provided that corporate and business organizations and labor unions are

excluded from so canvassing directly or indirectly in whatsoever form.

Article 82

a

Any citizen or citizens, political party association or organization, being of Liberian nationality or

origin, shall have the right to contribute to the funds or election expenses of any political party or

candidate; provided that corporate and business organizations and labor unions shall be excluded

from making and contribution to the funds or expenses of any political party. The Legislature shall by

law prescribe the guidelines under which such contributions may be made and the maximum amount

which may be contributed.

b

No political party or organization may hold or possess any funds or other assets outside of Liberia;

nor may they or any independent candidates retain any funds or assets remitted or sent to them from

outside Liberia unless remitted or sent by Liberian citizens residing abroad. Any funds or other assets

received directly or indirectly in contravention of this restriction shall be paid over or transferred to

the Elections Commission within twenty-one days of receipt. Information on all funds received from

abroad shall be filed promptly with the Elections Commission.

c

The Elections Commission shall have the power to examine into and order certified audits of the

financial transactions of political parties and independent candidates and their organizations. The

Commission shall prescribe the kinds of records to be kept and the manner in which they shall be

conducted by a certified chartered public accountant, not a member of any political party.

Article 83

a

Voting for the President, Vice-President, members of the Senate and members of the House of

Representatives shall be conducted throughout the Republic on the second Tuesday in October of

each election year.

b

All elections of public officers shall be determined by an absolute majority of the votes cast. If no

candidate obtains an absolute majority in the first ballot, a second ballot shall be conducted on the

second Tuesday following. The two candidates who received the greatest numbers of votes on the

first ballot shall be designated to participate in the run off election.

c

The returns of the elections shall be declared by the Elections Commission not later than fifteen days

after the casting of ballots. Any party or candidate who complains about the manner in which the

elections were conducted or who challenges the results thereof shall have the right to file a complaint

with the Elections Commission. Such complaint must be filed not later than seven days after the

announcement of the results of the elections.

The Elections Commission shall, within thirty days of receipt of the complaint, conduct an impartial

investigation and render a decision which may involve a dismissal of the complaint or a nullification of

the election of a candidate. Any political party or independent candidate affected by such decision

shall not later than seven days appeal against it to the Supreme Court.

The Elections Commission shall within seven days of receipt of the notice of appeal, forward all the

records in the case to the Supreme Court, which not later than seven days thereafter, shall hear and

make its determination. If the Supreme Court nullifies or sustains the nullification of the election of

any candidate, for whatever reasons, the Elections commission shall within sixty days of the decision

of the Court conduct new elections to fill the vacancy. If the court sustains the election of a candidate,

the Elections Commission shall act to effectuate the mandate of the Court.

d

Every political party shall, on September 1 of each year, and every candidate of such political party

and every independent candidate shall, not later than thirty days prior to the holding of an election in

which he is a candidate, publish and submit to the Elections Commission detailed statements of assets

and liabilities. These shall include the enumeration of sources of funds and other assets, plus lists of

expenditures. Where the filing of such statements is made in an election year, every political party

and independent candidate shall be required to file with the Elections Commissions additional

detailed supplementary statements of all funds received and expenditures made by them from the

date of filing of the original statements to the date of the elections. Any political party or independent

candidate who ceases to function shall publish and submit a final financial statement to the Elections

Commission.

Article 84

The Legislature shall by law provide penalties for any violations of the relevant provisions of this

Chapter, and shall enact laws and regulations in furtherance thereof not later than 1986; provided

that such penalties, laws or regulations shall not be inconsistent with any provisions of this

Constitution.

Chapter IX

Emergency Powers

Article 85

The President, as Commander-in-Chief of the Armed Forces, may order any portion of the Armed

Forces into a state of combat readiness in defense of the Republic, before or after the declaration of a

state of emergency, as may be warranted by the situation. All military power or authority shall at all

times, however, be held in subordination to the civil authority and the Constitution.

Article 86

a

The President may, in consultation with the Speaker of the House of Representatives and the

President Pro Tempore of the Senate, proclaim and declare and the existence of a state of emergency

in the Republic or any part thereof. Acting pursuant thereto, the President may suspend or affect

certain rights, freedoms and guarantees contained in this Constitution and exercise such other

emergency powers as may be necessary and appropriate to take care of the emergency, subject,

however, to the limitations contained in this Chapter.

b

A state of emergency may be declared only where there is a threat or outbreak of war or where there

is civil unrest affecting the existence, security or well-being of the Republic amounting to a clear and

present danger.

Article 87

a

Emergency powers do not include the power to suspend or abrogate the Constitution, dissolve the

Legislature, or suspend or dismiss the Judiciary; and no constitutionals amendment shall be

promulgated during a state of emergency. Where the Legislature is not in session, it must be

convened immediately in special session and remain in session during the entire period of the state of

emergency.

b

The writ of habeas corpus shall remain available and exercisable at all times and shall not be

suspended on account of any state of emergency. It shall be enjoyed in the most free, easy,

inexpensive, expeditious and ample manner. Any person who suffers from a violation of this right may

challenge such violation in a court of competent jurisdiction.

Article 88

The President shall, immediately upon the declaration of a state of emergency, but not later than

seven days thereafter, lay before the Legislature at its regular session or at a specially convened

session, the facts and circumstances leading to such declaration. The Legislature shall within

seventy-two hours, by joint resolution voted by two-thirds of the membership of each house, decide

whether the proclamation of a state of emergency is justified or whether the measures taken

thereunder are appropriate. If the two-thirds vote is not obtained, the emergency automatically shall

be revoked. Where the Legislature shall deem it necessary to revoked the state of emergency or to

modify the measures taken thereunder, the President shall act accordingly and immediately carry out

the decisions of the Legislature.

Chapter X

Autonomous Public Commissions

Article 89

The following Autonomous Public Commissions are hereby established:

A Civil Service Commission;

B Elections Commission; and

C General Auditing Commission.

The Legislature shall enact laws for the governance of these Commissions and create other agencies

as may be necessary for the effective operation of Government.

Chapter XI

Miscellaneous

Article 90

a

No person, whether elected or appointed to any public office, shall engage in any other activity which

shall be against public policy, or constitute conflict of interest.

b

No person holding office shall demand and receive any other perquisites, emoluments or benefits,

directly or indirectly, on account of any duty required by Government.

c

The Legislature shall, in pursuance of the above provision, prescribe a Code of Conduct for all public

officials and employees, stipulating the acts which constitute conflict of interest or are against public

policy, and the penalties for violation thereof.

Chapter XII

Amendments

Article 91

This Constitution may be amended whenever a proposal by either (1) two-thirds of the membership

of both Houses of the Legislature or (2) a petition submitted to the Legislature, by not fewer than

10,000 citizens which receives the concurrence of two thirds of the membership of both Houses of

the Legislature, is ratified by two-thirds of the registered voters, voting in a referendum conducted by

the Elections Commission not sooner than one year after the action of the Legislature.

Article 92

Proposed constitutional amendments shall be accompanied by statements setting forth the reasons

therefor and shall be published in the Official Gazette and made known to the people through the

information services of the Republic. If more than one proposed amendment is to be voted upon in a

referendum they shall be submitted in such manner that the people may vote for or against them

separately.

Article 93

The limitation of the Presidential term of office to two terms, each of six years duration, may be

subject to amendment; provided that the amendment shall not become effective during the term of

office of the encumbent President.

Chapter XIII

Transitional Provisions

Article 94

a

Notwithstanding anything to the contrary in this Constitution, any person duly elected to any office

provided for under this Constitution and under the laws in force immediately before the coming into

force of this Constitution shall be deemed to have been duly elected for the purpose of this

Constitution and to have assumed the position so occupied on the date of coming into existence of

this Constitution.

b

Notwithstanding anything to the contrary in this Constitution, elections for the President,

Vice-President and members of the Legislature, prior to the coming into force of this Constitution,

shall be held on the 3rd Tuesday in January 1985. The person so elected President of Liberia shall be

inaugurated on the 12th day of April 1985. The President, Vice-President and members of the

Legislature who are elected for the first term prior to the coming into force of this Constitution, shall

serve their respective terms less approximately three months. This Constitution shall come into force

simultaneously with that inauguration.

c

Notwithstanding anything to the contrary in this Constitution, the People's Redemption Council shall

by decree convene a session of the newly elected Legislature before the 12th day of April 1985, to

enable the Senate and House of Representatives to organize and elect their officers. Such elections

shall b3e conducted in accordance with the rules and procedures laid down by the Legislature under

the suspended Constitution until changed by the new Legislature.

d

Any person who, under the laws extant immediately before the coming into force of this Constitution,

held an appointment or was acting in an office shall be deemed to have been appointed, as far as it is

consistent with the provisions of this Constitution, to hold or to act in the equivalent office under this

Constitution until appointments otherwise provided for under this Constitution shall have been

made.

Article 95

a

The Constitution of the Republic of Liberia which came into force on the 26th day of July 1847, and

which was suspended on the 12th day of April 1980, is hereby abrogated. Notwithstanding this

abrogation, however, any enactment or rule of law in existence immediately before the coming into

force of this Constitution, whether derived from the abrogated Constitution or from any other source

shall, in so far as it is not inconsistent with any provision of this Constitution, continue in force as if

enacted, issued or made under the authority of this Constitution.

b

All treaties, executive and other international agreements and obligations concluded by the

Government of the People's Redemption Council or prior governments in the name of the Republic

prior to the coming into force of this Constitution shall continue to be valid and binding on the

Republic unless abrogated or cancelled or unless otherwise inconsistent with this Constitution.

c

All foreign and domestic debts or other loans and obligations contracted by the Government of the

People's Redemption Council or Prior governments or any agency or other authority in the name of

the Republic of Liberia prior to the coming into existence of this Constitution, shall continue to be

binding on the enforceable by the Republic of Liberia.

Article 96

Notwithstanding anything to the contrary in this Constitution:

a The People's Supreme Court of Liberia and all subordinate courts operating prior to the effective

date of this Constitution shall continue to so operate, and the Chief Justice, Associate Justices of

the People's Supreme Court and judges of subordinate courts holding appointments in such

courts shall continue to hold such appointments after the coming into existence of this

Constitution until their successors are appointed and qualified; provided, however, that all

judges of subordinate courts shall remain and preside in their respective resident circuits

pending the reconstruction of the Supreme Court. The appointment by the President, with the

consent of the Senate, of the Chief Justice and Associate Justices of the Supreme Court and

judges of subordinate courts, shall be made as soon as possible after the coming into force of this

Constitution. The Chief Justice and Associate Justices of the People's Supreme Court and judges

of subordinate courts holding office prior thereto, unless reappointed, shall cease to hold office

and their function shall automatically devolve upon the newly appointed Chief Justice, Associate

Justices of the Supreme Court and judges of subordinate courts, respectively.

b Where any legal or administrative proceeding has been commenced, or a person seeks action by

any authority or one acting under the authority of the Government, that matter may be carried

on and completed by the person or authority having power or by his successor-in-office; and it

shall not be necessary for any such proceeding to be commenced de novo. Any act completed by

any person or authority having power under the existing law shall not be made the subject of

review or commenced anew by anyone assuming the authority of that office after the coming

into force of this Constitution.

Article 97

a

No executive, legislative, judicial or administrative action taken by the People's Redemption Council

or by any persons, whether military or civilian, in the name of that Council pursuant to any of its

decrees shall be questioned in any proceedings whatsoever; and, accordingly, it shall not be lawful for

any court or other tribunal to make any order or grant any remedy or relief in respect or any such act.

b

No court or other tribunal shall entertain any action whatsoever instituted against the Government

of Liberia, whether before or after the coming into force of this Constitution or against any person or

persons who assisted in any manner whatsoever in bringing about the change of Government of

Liberia on the 12th day of April, 1980, in respect of any act or commission relating to or consequent

upon:

(i) The overthrow of the government in power in Liberia before the establishment of the

government of the People's Redemption Council;

(ii) The suspension of the Constitution of Liberia of July 26, 1847;

(iii) The establishment, functioning and other organs established by the People's Redemption

Council;

(iv) The imposition of any penalties, including the death penalty, or the confiscation of any property

by or under the authority of the People's Redemption Council under a decree made by the

Council in pursuance of but not limited to the measures undertaken by the Council to punish

persons guilty of crimes and malpractices to the detriment of the Liberian nation, the people, the

economy, or the public interest; and

(v) The establishment of this Constitution.

THE TRC FINDS THAT:

1. The conflict in Liberia has its origin in the history and founding of the modern Liberian State.

2. The major root causes of the conflict are attributable to poverty, greed, corruption, limited access to education, economic, social, civil and political inequalities; identity conflict, land tenure and distribution, etc.

3. All factions to the Liberian conflict committed, and are responsible for the commission of egregious domestic law violations, and violations of international criminal law, international human rights law and international humanitarian law, including war crimes violations.

4. All factions engaged in armed conflict, violated, degraded, abused and denigrated, committed sexual and gender based violence against women including rape, sexual slavery, forced marriages, and other dehumanizing forms of violations;

5. A form of both individual and community reparation is desirable to promote justice and genuine reconciliation.

6. Where in the determination of responsibility IHRL, IHL, ICL, do not apply domestic criminal law statutes will apply.

7. No faction in particular instituted - in some cases to a very limited extentadequate mechanism to avoid or mitigate massive violations of human rights that characterized the conflict.

8. A form of both individual and community reparation is desirable to promote justice and genuine reconciliation.

9. All factions and other armed groups recruited and used children during periods of armed conflicts.

10. All factions engaged in armed conflict, violated, degraded, abused and denigrated, committed sexual and gender based violence against women including rape, sexual slavery, forced marriages, and other dehumanizing forms of violations;

11. None derogation of rights during periods of emergency or armed conflict applies to the Liberian conflict situation.

12. Prosecution mechanism is desirable to fight impunity and promote justice and genuine reconciliation.

13. Common Article 3 and Protocol II of the Geneva Convention, having being ratified by the Government of Liberia apply to Liberia.

14. Liberian was engulfed in armed conflict from December 1989 to 1996; from 1999 to August 2003;

15. Preponderance of evidence is an appropriate evidentiary standard of proof appropriate to the work of the TRC considering that it is neither a criminal nor prosecuting institution.

16. Massacres, economic crimes, extra-judicial killings, for example, fall within the ambit of IHRL and IHL.

17. The New Penal Code of Liberia will apply as to mercenarism, official oppression, murder, kidnapping, rape, sexual assault, fraud in the internal revenue of Liberia, theft and/or illegal disbursement and expenditure of public money, counterfeiting, and misuse of public money, property or record.

18. General Human Rights Violations (GHRV) are generally, but not exclusively, committed by state actors, and may take place during times of peace or armed conflict, and can be directed against individuals or a group of individuals.

19. Lack of human rights culture and education, depravation and over a century of state suppression and insensitivity, and wealth acclamation by a privileged few created a debased conscience for massive rights violations during the conflict thus engendering a culture of violence as means to an end, with an entrenched culture of impunity.

20. External State Actors in Africa, North America and Europe, participated, supported, aided, abetted, conspired and instigated violence, war and regime change against constituted authorities in Liberia and against the people of Liberia for political, economic and foreign policy advantages or gains.

THE TRC DETERMINES THAT:

1. All warring factions are responsible for the commission of gross human rights violations in Liberia, including war crimes, crimes against humanity, IHRL,IHL, ICL, domestic criminal laws

2. Prosecution in a court of competent jurisdiction and other forms of public sanctions are desirable and appropriate mechanisms to promote the ends of justice, peace and security, foster genuine national reconciliation and combat impunity.

3. The massive wave of gross violations and atrocities which characterized the conflict assumed a systematic pattern of abuse, wanton in their execution, and the product of deliberate planning, organized and orchestrated to achieve a military or political objective; disregarding the rights of noncombatants, children, and women, the elderly, disarmed or surrendered enemy combatants, etc.

4. All factions to the conflict systematically targeted women mainly as a result of their gender and committed sexual and gender based violations against them including, rape of all forms, sexual slavery, forced marriages, forced recruitment, etc.

5. Reparation is a desirable and appropriate mechanism to redress the gross violations of human rights and shall apply to communities and individuals, especially women and children, to help restore their human dignity, foster healing and closure as well as justice and genuine reconciliation.

6. General amnesty for children is desirable and appropriate. Amnesty for crimes lesser than gross violations is also desirable and in certain circumstances appropriate to foster national healing and reconciliation.

7. IHRL, IHL, ICL, and Liberian domestic criminal statutes are applicable in establishing accountability for crimes committed during the mandatory period of the TRC work.

8. Reform of certain public institutions are appropriate to promote good governance and human rights, reduce poverty and alleviate illiteracy, promote peace, security, national reconciliation and opportunity for all.

9. While the TRC will not recommend general amnesty, except as provided in count 5 above, the commission however holds that all individuals admitting their wrongs and speaking truthfully before or to the TRC as an expression of remorse which seeks reconciliation with victims and the people of Liberia will not be recommended for prosecution.

10. Further investigations into matters under consideration by the TRC but remains incomplete up to the expiration of its tenure in June 2009 are desirable.

11. Liberians in the Diaspora are as much of a Liberian as Liberians at home; they continue to be engaged with developments on the homeland, supported, financed warring factions as an instrument for regime change; their voices must be heard and their issues and concerns must be addressed in fostering greater national reconciliation.

B. Accountability of Perpetrators

The Commissioners of the Liberian TRC determine that some persons are responsible for committing 'egregious' domestic crimes, 'gross' violations of human rights and 'serious' humanitarian law violations in Liberia between January 1979 and October 14, 2003. The specific crimes committed by perpetrators will be detailed in the Final Consolidated Report (Volume II) in order to protect the identity and physical person of witnesses, victims and their communities. The Commissioners of the TRC reserve the right to and will make additional determinations on individual and group responsibility for domestic and international crimes throughout the duration of its mandate, which expires on June 22, 2009.

The TRC also reserves the right to and will make additional determinations of responsibility on any persons, groups or entities involved in a joint criminal enterprise or conspiracy including those that planned, instigated, ordered committed, aided or abetted in the planning, preparation or execution of any crime within its mandate, including economic crimes.

C. Accountability of Groups

The Commissioners of the Liberian TRC determine that the following armed groups, rebel groups or warring factions and the financiers, leaders, commanders, combatants and advisors etc. associated with them are responsible for committing 'egregious' domestic crimes, 'gross' violations of human rights and 'serious' humanitarian law violations including economic crime in Liberia between January 1979 and October 14, 2003. The TRC has divided these groups into the following two categories; however, their culpability is the same: (1) Significant Violator Groups; and (2) Less Significant Violator Groups. The distinction between them relates to the number of reported violations against them. The specific crimes and total reported violations committed by these armed groups, rebel groups or warring factions and the financiers, leaders, commanders, combatants and advisors etc. associated with them will be detailed in the Final Consolidated Report (Volume II). The Commissioners of the TRC reserve the right to and will make additional determinations on these groups or factions for domestic and international crimes throughout the duration of its mandate, which expires on June 22, 2009.

Significant Violator Groups

i. National Patriotic Front of Liberia (NPFL)

ii. Liberians United for Reconciliation and Democracy (LURD)

iii. Liberian Peace Council (LPC)

iv. Militia

v. Movement for Democracy in Liberia (MODEL)

vi. United Liberation Movement (ULIMO)

vii. Armed Forces of Liberia (AFL)

viii. Unknown

ix. United Liberation Movement-K (ULIMO K)

x. Independent National Patriotic Front of Liberia (INPFL)

xi. United Liberation Movement-J (ULIMO J)

xii. Anti-Terrorist Unity (ATU)

Less Significant Violator Groups

i. Vigilantes

ii. Lofa Defense Force (LDF)

iii. Liberian National Police

iv. Special Operation Division of the Liberian National Police (SOD)

v. Revolutionary United Front (RUF)

vi. Special Anti-Terrorist Unit (SATU)

vii. Special Security Unit (SSU)

viii. Special Security Service (SSS)

ix. National Security Agency (NSA)

x. National Bureau of Investigation (NBI)

xi. Criminal Investment Division (CID)

xii. Rapid Response Unit (RRU)

Military Institutions Drawn into Conflict by their defensive and offensive postures

i. ECOMOG

ii. Black Beret

D. RECOMMENDATIONS

1. Accountability: A Prosecution Mechanism

The Commissioners of the TRC determine that a criminal court with the competence and jurisdiction to adjudicate criminal responsibility for individuals, armed groups and other entities that the TRC determines were responsible for 'egregious' domestic crimes, 'gross' violations of human rights and 'serious' humanitarian law violations is appropriate . Such institution shall be specifically endowed with the authority and jurisdiction to adjudicate domestic, IHRL and IHL violations.

The TRC will submit a comprehensive recommendation on the competence, jurisdiction, structure, function and other authority of the recommended criminal court to the National Legislature and the President of Liberia in the Final Consolidated Report (Volume II).

2. National 'Palava Hut' Forum

The Commissioners of the TRC determine that the establishment of a National Palava Hut Forum under the aegis of the Independent Human Rights Commission is a useful tool for peace building, healing and national reconciliation at both the national and district levels. The Commission to organize and administer national 'Palava Hut' Committees in all of Liberia's sixty-four districts in order to provide victims a public venue to confront perpetrators living in their communities to hasten reintegration and reconciliation and community-based atonement.

The TRC will submit a comprehensive recommendation on the competence, jurisdiction, structure, function and other authority of the ‚National 'Palava Hut Forum to the National Legislature in the Final Consolidated Report (Volume II).

3. Amnesty

The Commissioners of the TRC reserve the right to make recommendations of amnesty for children and persons, groups or entities that it has determined not to have committed 'gross' violations of human rights or 'serious' humanitarian law violations.

The TRC will submit a comprehensive recommendation on the nature and character of any amnesty in the Final Consolidated Report (Volume II).

4. Persons Not Recommended for Prosecution

The Commissioners of the TRC reserve the right to recommend and will recommend to the Government of Liberia, National Legislature and any criminal court that persons it determines are responsible for committing domestic and international crimes not be prosecuted if the TRC believes said persons testimony was truthful and remorseful.

The TRC will submit a comprehensive recommendation on those persons that it recommends not be prosecuted in the Final Consolidated Report (Volume II).

5. Reparations

The Commissioners of the TRC reserve the right to and will make individual and community reparations to any persons, groups, entities or communities, and to establish Reparations Trust Fund(s) as it deems appropriate.

The TRC will submit a comprehensive recommendation on the nature and character of any reparations in the Final Consolidated Report (Volume II).

6. Additional Recommendations

The TRC reserves the right to and will make several additional recommendations in the Final Consolidated Report (Volume II).

SIGNED:

JEROME J VERDIER, SR. (CLLR)

CHAIRMAN

DECEMBER 19, 2008