LIBERIA SCORECARD ON THE MAPUTO PROTOCOL
2019
FOREWARD With collaborative e orts from line ministries and agencies from the government of the Republic of Liberia issues around gender mainstreaming, gender inclusiveness and providing the civil space for women political participation which are vital of important and major inclusiveness of the government's Pro-Poor Agenda for Prosperity and Development. To ensure e ective CSOs collaborations and access to information the Youth Coalition for Education for Education in Liberia along with others CSOs has generated information that have been translated and revealing the government performance shocking and inhuman treatments meted against women and girls in Liberia. This report is an operation document that mirrors Liberia's strengthen and weaknesses in compliance with the Maputo Protocol and this have examined possible new ways of curbing or ending the menace. The purpose of this scorecard is to ensure that the government of Liberia follows and complies with articles 5, 6 & 13 of the Maputo Protocol; to provide the country's assessment scores, outcomes and the challenges the country is faced with that can be addressed by the Liberian government. Impressed by the overwhelming supports, level of commitment and collaboration from civil society most especially from YOCEL for the hard work and relentlessly generating this report to assist the government and the public in championing this noble fight. Special commendation goes to all stakeholders for their unflinching support including development partners to the government of Liberia, the team at the Ministry of Gender and on behalf of the Ministry of Gender we are confident that this report will serve as an e ective guide towards our join e orts in sustaining the stronger partnership with civil society and ensuring that key recommendation from this report are used for policy actions.
Alice Johnson Howard
Deputy Minister for Gender Ministry of Gender, Children and Social Protection, Liberia
Liberia ScoreCard I Maputo Protocol 2019
Page
I
ACKNOWLEDGMENT The development of this report was made possible through the generous technical and financial support from the Forum for African Women Educationists (FAWE) and Plan International Africa Liaison O ce under the Girls Advocacy Alliance CSOs capacity building initiative. We particularly acknowledge the political commitment and support from Hon. Williametta E. Saydee-Tarr, Minister, Ministry of Gender Children and Social Protection, Juliet Kimotho from FAWE Regional Secretariat for their dedication and commitment in instilling professional skills to the sta of YOCEL for their tireless e ort in making this a success. The Youth Coalition for Education in Liberia - YOCEL would like to extol the hard working volunteers for their commitment, passion and devotion during this process. This scorecard is the result of the collaborative e ort with the Government of the Republic of Liberia through the Ministry of Gender Children and Social Protection, Ministry of Education, Ministry of Justice SGBV Crime Unit, Liberia National Police, Ministry of Foreign A airs, Ministry of Labour, Independent National Human Right Commission and the Right Holders Network.
YOCEL management and team acknowledge in a special way Mr. M. Sahr Nouwah, Chairman of the Board and the Board of Directors.
With profound dedication we acknowledge Mr. Anthony Borlay, Director of the Department of Planning, Policy and Research at the Ministry of Gender Children and Social Protection Hon. Tonieh Talery, Wiles, Commissioner, Gender Treaties and Human Rights, Independent National Human Rights Commission, Mrs. Patricia Togba, Technical Assistant Department of Planning, Policy and Research, Ministry of Gender Children and Social Protection, Hon. Dominic N. Kweme, Assistant Minister for Planning, Research and Development, Ministry of Education, Cllr. John A.A. Gabriel Director SGBV Crime Unit Ministry of Justice and Hawa Kenneth, Head of the Adolescent Girls Department, Ministry of Gender Children and Social Protection who took time from their busy schedule to contribute to the development of this scorecard. Distinct gratitude to Mr. Francis Kempeh who served as the lead consultant in the development of this report.
Finally we highly appreciate the collaboration from Civil Society, Development Partners and lines ministries and agencies for their continuous support.
Liberia ScoreCard I Maputo Protocol 2019
Page
II
TABLE OF CONTENTS
Foreword.....................................................................................I
Acknowledgment...................................................................II
Acronyms....................................................................................III
Background..............................................................................IV Methodology............................................................................V
Legal Ramification................................................................VI
Legal Instruments..................................................................VII
YOCEL's in Brief........................................................................VIII Article 5: Elimination of Harmful Practices..................1 Outcome of the Country Level Assessment Article 5..........................................37
Areas for Future Advocacy..............................40
Article 6: Rights to Marriage.............................................41 Outcome of the Country Level Assessment Article 6.........................................57
Areas for Future Advocacy..............................60
Article 12: Rights to Education & Training...................65 Outcome of the Country Level Assessment Article 12........................................69
Areas for Future Advocacy..............................70
Conclusion................................................................................71
Liberia ScoreCard I Maputo Protocol 2018
ACRONYMS YOCEL MoGCSP MFA WONGOSOL PC LCRF FLY DWA LDHS DVA LNCD MOL LNPWCD
- - - - - - - - - - - - -
Youth Coalition for Education in Liberia Ministry of Gender Children and Social Protection Ministry of Foreign A air Women NGO Secretariat Penal Code Liberia Children Representative Forum Federation of Liberian Youth Decent Work Act Liberia Democratic Health Survey Domestic Violence Act Liberia National Commission on Disabilities Ministry of Labour Liberia National Police Women and Children
- - - - - - _
Independent National Human Right Commission Education Reform Act Ministry of Youth and Sports Technical Vocational Education and Training Department of Labour Standard Revenue Generation Governance and Growth Civil Society Organization
Division INHRC ERA MoYS TVET DLS Rg3 CSO
Liberia ScoreCard I Maputo Protocol 2019
Page
III
BACKGROUND
Over the last decade, Africa has witnessed a t re m e n d o u s wa ve of human rights violations against women, girls and children with potential trends to Gender Based Violence. One in every t h r e e w o m e n w i l l experience physical or sexual violence during their lifetime. T h e P ro to c o l to t h e A f r i c a n C h a r t e r o n H u m a n a n d Pe o p l es' Rights on the Rights of Women in Africa was originally adopted by the “Assembly of the African Union” during the second s u m m i t i n M a p u t o , Mozambique on July 11, 2003. The Protocol is commonly and widely been referred to as the Maputo Protocol. Liberia signed unto the protocol th on the 10 day of October 2004 and ratified without reservations the Maputo Protocol ten years ago on th the 16 days of December 2008.
In Liberia Gender Based Violence (GBV) remains a m a j o r t h re a t to t h e security of women and children throughout the country and the arrival of Covid-19 have worsen the situation.
Liberia ScoreCard I Maputo Protocol 2019
Despite the many milestones in various areas such as legislation, the country still faces serious challenges in ensuring that the human rights of its citizens are protected. Ending violence against women and girls in Liberia has been on the political agenda for decades and gained more visibility after Liberia's 14-year civil conflict partly due to the civil society's and international partners' work on violence against women. Since then, significant e orts have been made by the government, international partners and the civil society to influence a change in the systems that perpetuate violence against women.
Violence against women and girls has been deeply entrenched in Liberia's social and cultural landscape and remains a much-debated topic politically. It was rampant during the nearly 14 years of civil crisis that Liberia experienced in which Gender Based Violence was accepted an inseparable part of the conflict and used as a weapon of war.
Again 2019, the Ministry of Gender Children and Social Protection in Liberia in collaboration with Civil Society Organizations, including YOCEL, supported the National Girl's Summit by providing logistical support which was convened through a Zoom Webinar. Rationale of the Scorecard
The production of the scorecard is the new way civil society have developed to gauge and e v a l u a te g o v e r n m e n t p e r fo r m a n c e a n d measuring key indicators against regional and global and international instruments in this case the Maputo Protocol. The Protocol ensure straight compliance of state parties on every article therein, however this repor t will focus it concentration squarely on Articles 5, 6 & 12. This scorecard will identify the gaps and challenges that exist within the three articles and adequately prepare the government to get arranged in addressing the key recommendations and the scores that fall below the benchmark for policy actions, this report will also allow CSOs to readjust and designed new approach to address the situation and hold government accountable.
Page
IV
METHODOLOGY The Youth Coalition for Education in Liberia has been closely following-up on the implementation of key findings in Year I of the scorecard at the same time initiating conversations with stakeholders on development of Year II report.
Prior to Covid -19, YOCEL used three methods in gathering the information from key stakeholders in the public and private sector. The information gathered from key stakeholder was done through a paper-based approach, face to face interaction and mini focus group discussion due to Covid-19 some of information was gathered through email exchanges, Micro team meeting, and Zoom, Skype and Whatsapp conversations.
However, the findings of this report were drawn from data evidence submitted and was verified, online publications of reports both by the government and many from development partners and civil society and other mix method that was used and mentioned above.
Liberia ScoreCard I Maputo Protocol 2019
Page
V
CONSTITUTIONAL RAMIFICATION
The Liberian Constitution which is the organic law of the Republic of Liberia ensures equal protection for all including women and girls and a ordable and quality education to all citizens (Article 10 & 11 of the 1986 Constitution). In keeping with this mandate, Liberia has made some significant progress on protecting, upholding and respecting the dignity of women and girls human rights through legislation.
Most recently, the Liberian government enacted into law ''the Land Right Act of 2018'' which protects women's rights including rural women's access to land ownership and the passage of the “Local Governance Act of 2019” which gives authority to the municipality to levy taxes, and give a special provision for women entry in to leadership and political participation. These are milestone achievement in strengthening the legal frameworks, with plans being advanced for its full implementation.
Legal Instruments Liberia has enacted the following statutory laws, with clauses that speaks directly to the lives and protection of women and girls and ensure compliance in line with the Maputo Protocol. Penal Code revised volume III The Domestic Relation Law Decent Work Act Land Rights Act Liberia Children's Law Education Reform Act The Amended Rape Law Liberia Refugee Act Anti-Tra cking Law Liberia Labour Law Act to Ban Tra cking in Persons Demography Health Survey (DHS) Pro-Poor Agenda for Prosperity and Development (PAPD Getting to Best Education Sector Plan Education Sector Analysis Work Bank Report on the Education Sector National Girls Education Policy Education Road Map
Liberia ScoreCard I Maputo Protocol 2019
(1976) (1956) (2015) (2018) (2011) (2011) (2014) (1993) (2011) (1950) (2005) (2013) (2018) (2017 – 2021) (2017) (2018) (2017) (2018)
Page
VI
Objectives of the Report
The foremost objective of this Scorecard is to ensure that the Liberian government through the Ministry of Gender, Children and Social Protection are in compliance with Articles: 5 “The Elimination of Harmful Practices”, Article 6: Marriage & Article 12 “Right to Education and Training” of the Maputo Protocol which provide the country's assessment scores, outcomes and the challenges the country is faced with and in the latter part provide recommendations on areas that need to be supported and strengthened by the Liberian government.
Liberia ScoreCard I Maputo Protocol 2019
Page
VII
YOCEL IN BRIEF
Established in 2013, YOCEL is a youth empowerment and social enterprise accelerator - ensuring that all youth, including young women and girls, have access to education and skills to end unemployment through innovation. YOCEL Advocates and promote economic growth through capacity building, social dialogues and collaborative partnerships on education, entrepreneurship, job creation and workforce empowerment in Liberia and across Africa.
Vision
Mission
A generation of social and business entrepreneurs and intrapreneurs contributing to sustainable job creation, enhanced workforce and economic growth in Liberia and on the African Continent. We inspire and empower young Liberians and African Youth through accelerated and innovative learning using training, social dialogues and c o l l a b o ra t i ve p a r t n e rs h i ps t h a t i m p a c ts Education, Entrepreneurship and Responsible leadership for complementary and enhanced job creation and economic growth for Liberians and African youth.
Core Programs: Social Entrepreneurship Accelerator (SEA
Is a 12months fellowship program supporting a pipeline of “early stage and investment ready” social enterprises that have financially sustainable business models, a business plan presentation and pitch that demonstrate social impact, growth, and long-term financial sustainability to attract future investors to the enterprises and investment to Liberia The Program will build acceleration capacity to spur the generation of social enterprises throughout Liberia , generate one cohort a year of “early stage and investment ready” social enterprises and grow a cadre of local mentors, across a range of sectors.
Young Business Leaders' Summit
Formerly (the Annual youth Education & Empowerment Summit) brings people together, either virtually or in-person, to drive a collective e ort that serves a specific shared purpose of building sustainable job creation, enhanced workforce and economic growth in Liberia and on the African Continent. We annually convene a 4days collaborative summit along with a local investor showcase that are uniquely designed to help entrepreneurs forge alliances, access finance to advance their institution's social impact.
Liberia ScoreCard I Maputo Protocol 2019
Page
VIII
The BizBox
Is a series of social dialogues aimed at elevating business conversations and connecting entrepreneurs for social good. The platform is a network of entrepreneurs that brings together policy makers, innovative business leaders, accomplished academics, leaders of civil society organizations and other distinguished individuals to share, learn, access information, and foster productive dialogue on the entrepreneurial ecosystem in Liberia and across Africa.
Wologizi Fund
Is a funding mechanism dedicated to helping social enterprises climb the credibility hurdle and strengthen their operations to achieve lasting social impact. The way we do this is by providing social businesses and their entrepreneurs with a unique blend of financial and non-financial assistance through our two funding models: I. Innovation: we provide seed capital to support the startup and field testing of innovations that challenges the status quo, by introducing a bold new and improved way of working and thinking about societal issues and their solutions.
II. High Impact: we provide support to “investment ready” social enterprises who have already demonstrated a strong track record of social impact that are measurable, scalable, sustainable, and e ective.
Business Data
A Social Entrepreneurship Research convened to study the market forces, opportunities and systematic issues that throw light on what the needs are, and how can the available data be used for learning, monitoring and evaluating impact for youth and serves as youth Business ecosystem. It will be a data driven exercise that brings hard core data to the young entrepreneur as a catalyst to improving the business environment. This will also serve as an advocacy strategy to engage stakeholders constructive at all fronts to empower young people through entrepreneurship and job creation.
Liberia ScoreCard I Maputo Protocol 2019
Page
IX
Article 5: Elimination of harmful practices The Article Number
5 (a)
The Article Content
Creation of public awareness in all sectors of society regarding harmful practices through information, formal and informal education and outreach Programmes
Assessment Questions
W h a t a r e t h e existing harmful p r a c t i c e s a ecting the lives of woman and g i r l s i n t h e country?
Situation/Reality Report
YES. There are harmful practices that a ects Women and Girls, Sexual and Gender Based Violence is still pervasive across the country, Female Genital Mutilation FGM is highly practice in Liberia, more than half of the Women and Girls in 12 out of the 15 counties undergo FGM, majority of Women and Girls call for the practice to be abolished but 1 out of three women and girls s a y s i t s h o u l d c o n t i n u e (Demography Health Survey DHS of 2013) and UNICEF Situation Report on FGM 2016. 12 out of the 15 counties in Liberia practice FGM. Many women and girls involves names has been change to past leaders and members of the Porous Society. Teenage Pregnancy is on the increase in the Southeastern part of the country where illegal Gold Mining is taken place.
Wo m a n a n d g i r l s es p e c i a l l y (children) have faced all kinds of inhumane treatments and corporal punishment which are prevalent in the Liberian society and is based o n t h e m y t h t h a t t h e y a r e possessed with an evil spirit (Mamie Yatta or Night-man) these spiritual religious and traditional practices are unwilfully administer in di erent forms as a signed of correction, cleansing and disconnecting them from a strange powerbase. A high percentage of most sexual abuse, rape and domestic violence cases reported or received comes from such result and those perpetrators are heads or close associates of these systems. Sadly, most of these cases are compromise by victim families in an attempt to protect or shield against dissolution.
Liberia ScoreCard I Maputo Protocol 2019
Score
1
Page
1
The Article Number
The Article Content
Assessment Questions
Is there broad awareness by the public of harmful practices - through formal and informal education and outreach programmes?
Situation/Reality Report
Score
YES. There are awareness being carryout in communities through Radio stations, Newspaper and Jingles also the establishment of (Girls Club, Health Club, Buddy System SGBV Task Force, Children Parliament, AQE – ALP (Trusted Adults) also there has been public awareness held by the Liberian National Students Union (LNSU) and others CSOs.
1
YES. the 16 days of activism, SGBV Joint Program, Bring the Girl Child Back to School Campaign, Child Protection Network of Liberia, EU, UN Spotlight Initiative.
1
The Government of Liberia under the leadership of His Excellency Dr. G e o r g e M a n n e h W e a h o n W e d n e s d a y, J u l y 2 9, 2 0 1 9 concluded a special stakeholder meeting on the overview of the status of Rape and other Sexual and Gender Based Violence cases in the country. The meeting follows a month-long engagement of the GoL's Inter-Ministerial Taskforce on SGBV. (Information from the Ministry of Gender, Children and Social Protection).
Are there public awareness programmes and campaigns aimed at educating the public on harmful practices?
The ECOWAS Volunteer Program also carried out an awareness programs on Sexual and Gender Based Violence (SGBV) in high schools particularly on grade 12 students.
Independent National Commission on Human Rights of Liberia (INHCR) (Published a Report) on Early and Forced Marriage in Liberia which serves as vital evidence and awareness for this fight.
Liberia ScoreCard I Maputo Protocol 2019
Page
1
The Article Number
The Article Content
Assessment Questions
Are there targeted sensitization campaigns in areas with high incidence/preval ence of harmful practices?
Situation/Reality Report
Score
YES. The Ministry of Internal A airs have initiated a sensitization campaigns, (Montserrado, Nimba, Lofa, Grand Gedeh and Grand Cape Mount Counties. Grand Bassa Sandy Bush situation) and this campaign mainly targeted the Bush School (Sandy and Poral Society).
1
The Spotlight Initiative being supported by UN Women has helped development of The Ganta Declaration which was signed on 25 June 2019 and calls for a oneyear suspension of Sande society and bush school activities which pave the way for the elimination of all harmful practices against women and girls in Liberia. Young girls and women face Female Genital Mutilation and respond to s e x u a l a n d g e n d e r - b a s e d violence. The Initiative is supported through the Ministry of Internal A airs and the National Council of Chiefs and Elders to carry out its i m p l e m e n ta t i o n i n h i g h r i s k communities, towns and villages.
Additionally, these traditional leaders are raising awareness on its i m p l i c a t i o n s o n s e x u a l a n d gender-based violence in eight counties, including Grand Gedeh, Nimba, Lofa, Montserrado, Grand Cape Mount, Bomi, Bong and Margibi Counties.
Liberia ScoreCard I Maputo Protocol 2019
Page
1
Article 5: Elimination of harmful practices The Article Number
The Article Content
5 (b) Prohibition, through legislative measures backed by sanctions, of all forms of female genital mutilation, scarification, medicalization and Para medicalization of female genital mutilation and all other practices in order to eradicate them
Assessment Questions
Are there adequate enforcement mechanisms (laws and obligations) prohibiting FGM, scarification, medicalization and Para medicalization of women and girls?
Situation/Reality Report
Score
No. There are no legislation been put in place to address the situation the only document that came into e ect was the Executive of 2018 and such document has 1 year life spend and may be renew by the President, regardless of that the Ministry of Internal A airs, Ministry of Gender Children and Social Protection and the National Council of Chiefs and Elders of Liberia have put in place some measure but enforcement power are limited to help hut on the operation of traditional bush school for the period of one year.
0
The issue of FGM was included in proposed Domestic Violence Bill (2014) but components directing relating to it was deleted from the B i l l i n 201 7 by t h e H o u se of Representatives of the 54th National Legislature stating that it borders around Liberia's heritage and needs more time to review for other consideration to this practice. Accordingly, it will be treated as a stand-alone law when review is completed. The government of Liberia through the CSO have develop a draft stand-alone bill on FGM, since it was extracted from the passage of the DVA.
Are the existing enforcement mechanisms punitive enough to act as an e ective deterrence?
Liberia ScoreCard I Maputo Protocol 2019
No. The punitive measure is temporary for enforcement and such mechanism or framework can't go beyond a year period.
0
On 19th January 2018, former Liberian President Ellen Johnson Sirleaf signed Executive Order 92, temporarily banning the practice of FGM in Liberia for one year.
Page
1
Article 5: Elimination of harmful practices The Article Number
The Article Content
5 (c) Provision of necessary support to victims of harmful practices through basic services such as health services, legal and judicial support, emotional and psychological counselling as well as vocational training to make them selfsupporting;
Assessment Questions
Situation/Reality Report
Score
Are there designated medical sta trained to deal with victims of harmful practices?
Yes. there are existing 14 centers across 7 counties in Liberia, (One Stop Center) and trained and experience sta are assigned to those facilities.
1
Are there specialised desks in health facilities set aside to respond to the physical, psychological and emotional needs of victims of harmful practices?
Yes. These One-Stop-Center has a specialized desk in the health facilities to deals with issues/cases o f p h y s i c a l , e m o t i o n a l , psychological and there are social counselors that received cases of S/GBV and Rape, amongst others a n d h a n d l e t h e m w i t h t h e expertise in a more sensitivities minor considering confidentiality of victims/survivals and the further legal referral pathways.
1
Are there e ective national and devolved response systems, both legal and judicial, distributed across the country to address cases of harmful practices?
Yes. The Ministry of Gender, Children and Social Protection provides oversight on cases of violence against children, women, g i r l s a n d b o y s , t h e r e i s a n established legal process been put In place headed by the Women and Children Division of the Liberia National Police, in the judiciary we have a specialize court that is fully functional the Criminal Court E” responsible for all sexual o enses.
1
Liberia ScoreCard I Maputo Protocol 2019
These One-Stop-Centers across the country is intended to handle cases of Sexual and Gender base Violence Mainly RAPE, giving the highest and prompt attention needed to victims.
Page
1
The Article Number
The Article Content
Assessment Questions
Situation/Reality Report
Score
Additionally, the establishment of the Court “Criminal Court E” with focus on Sexual O enses having a Special Divisions of Circuit Courts. The Law gives exclusive jurisdiction to these courts for dealing with the prosecution of sex crimes. These courts have the authority to prohibit publication of a victim's personal information. This includes the right to expunge their names from public records. Additionally, the Law grants these courts the ability to provide interim relief to protect victims. In this respect, the Law specifically refers to the ability of the court to ensure that child victims are placed in protective custody. However, the Liberian National Police (LNP) incorporates the Women and Children Protection Services, in September of 2005 established this unit specifically tasked with addressing violent c r i m e s a g a i n s t w o m e n a n d children through an agreement between UNICEF and the LNP. L I B E R I A : T H E L AW A N D F G M September 2018 – Report.
Do victims and survivors of harmful practices receive vocational training on personal growth?
Liberia ScoreCard I Maputo Protocol 2019
No. Currently these services are not in existence, but it existed before under the joint program of SGBV Survivals given Micro Loan which w a s h i g h l y s p o n s o r b y development partners that are not in existence Now.
0
Page
1
Article 5: Elimination of harmful practices The Article Number
The Article Content
5 (d) Protection of women who are at risk of being subjected to harmful practices or all forms of violence, abuse and intolerance
Assessment Questions
Are there special fairly distributed, a ordable and accessible services such as safety shelters, counselling services and economic empowerment programs for women subjected to harmful practices and violence?
Situation/Reality Report
Score
Yes. The Ministry of Gender, Children and Social Protection have a program that is currently running called the “Julue-Ta Interim Care Center which is supported by development partner UNICEF through the Andalucia Regional Government.
1
Additionally, the VULNERABLE GIRLS PROJECT: The project is p r o v i d i n g e d u c a t i o n a l o p p o r t u n i t i e s fo r 1 5 2 u n d e r privileged and vulnerable girls between the ages of 10 – 17 in a number of counties across the country.
J P RW E E Pro g ra m ta rg et i n g vulnerable women and girls with b a s i c e c o n o m i c s k i l l s a n d empowerment.
EPAG is a program that supports t h e G ove r n m e n t of L i b e r i a 's prioritization of youth development and employment for adolescent girls and young women.
The Government of Liberia, in 2015, with support from the World Bank and USAID The Liberia Social S a f e t y N e t P r o j e c t ( L S S N P ) implementing the social Cash Transfer Program.
Are the support services wellresourced (financial/human) to respond to reported cases of harmful practices?
Liberia ScoreCard I Maputo Protocol 2019
Yes. The government of Liberia has b e e n a b l e t o m o b i l i z e d development partners support to response financially for little over 12 years, but within the government budget envelop resources are limited.
1
Page
1
The Article Number
The Article Content
Assessment Questions
Situation/Reality Report
Score
Are law enforcement o cers trained to o er special protection to women at risk of harmful traditional practices?
Yes. this is one sector that with the s u p p o r t f r o m d e v e l o p m e n t partners attention have drawn, there are law enforcement o ce that have acquired advance training in dealing with situation of such and many of the o cers in the Women and Children Division of the Liberia Nation Police have been trained with support from the EU, and UNWomen.
1
Is there support for appropriate community mobilization and education measures against harmful practices?
Yes. the government of Liberia have received huge support for community mobilization from development partners (UNFPA, and Swedish Embassy) and based on this area of intervention CSOs have also benefitted from such.
1
Total Score = 14
(100%)
11
POINTS 78.57%
Outcome of the Country Level Assessment Article 5: Elimination of Harmful Practices
The Government of Liberia Under this Article: 5 “The Elimination of Harmful Practices has contributed major gains and recognition with respect to the provision of key articles in the report. The information provided shows that significant process has been made through the establishment of specialize courts to trail perpetrators of sexual o ense though there are challenges with the prolong limit of the prosecution but the infrastructural and framework has been established compare to other countries in the region, also there are some gain been made with the training of some law enforcement o cers to handle cases of sexual o enses. However, there are still challenged with the Female Genital Mutilations (FGM) and these social norms perceptions, up to present there are no law to deal with this malice neither a strong political will on the part of the government there is still a huge traditional sentiment around the issue and executive orders can't uprightly help the situation it is just a quick impact and we now need sustainable solutions. Gap: The specialized court for prosecution of SGBV cases is not decentralized. Liberia has 15 counties and there is only three specialized courts and SGBV crimes unit situated in Montserrado, Nimba and Grand Bassa County. Furthermore facilities, human resource and equipment necessary for gathering and preserving of evidences by the judiciary and health practitioners are limited.
Liberia ScoreCard I Maputo Protocol 2019
Page
1
Recommendations The state party should increase the number of courts to other counties to persecute perpetrators of sexual o enses The state party through the legislature must ensure the passage of the stand-alone FGM act.
The state party should provide support to the Women and Children Division of the Liberia National Police Forensic Lab Unit of the Police
Possible Areas for Future Advocacy CSOs should lobby with the legislature to ensure the passage of the stand-alone FGM Act
CSOs should work with the government of Liberia to ensure the full implementation of the SGBV role map
Advocacy for the operationalization of DNA machine donated to the government of Liberia for prosecution of GBV cases
Liberia ScoreCard I Maputo Protocol 2019
Page
1
Article 6: Marriage The Article Number
The Article Content
6 (a) No marriage shall take place without the free and full consent of both parties. This means that forced marriage is prohibited; parents cannot compel their daughter to marry a man against her will.
Assessment Questions
Are there laws specifically prohibiting forced marriages and prescribing punishment? List these laws
Situation/Reality Report
Score
Yes. The EQUAL RIGHTS OF THE
1
CUSTOMARY MARRIAGE LAW OF 1998. (Section 2.10)
Requires that every customary female of legal age 18+ shall have the right to choose based on her free will to marry the man of her choice. It shall be unlawful for any tribal parent to choose a husband for his/her daughter or n ex t of k i n o r co m p e l t h e d a u g h te r o r o t h e r fe m a l e relative to marry a man not her choice those who shall violate said provision; Section 2.10.2 any such person form in violation of such law shall be punishable by fine of not less than US $ 5,000.00 US nor more than US $ 1,000.00
Additionally the Domestic Violence Act Charter 16.2 Harassment .
Section 1. Say no two persons below the legal marital age of 18+ shall get marry, if such marriage is secretly held the person o ciating such wedding such be persecuted and if form duty shall be jail for 4years.
S e c t i o n 2 . 1 i f o n e o f t h e adversaries (Male) is above the legal 18+ the marriage shall be legally expected and both parties must agree prior to the date of the marriage there shall be absolutely no intimidation from the parents, relatives and guardians to put the female u n d e r d u r e s s fi n a n c i a l inducement for such marriage to be held.
Liberia ScoreCard I Maputo Protocol 2019
Page
1
The Article Number
The Article Content
Assessment Questions
Is there accurate data on all marriages?
Situation/Reality Report
Score
Yes. from the Ministry of Internal A air of Liberia the data provided t o u s r e p r e s e n t e d w e s t e r n marriage in both church and Mosque 2004 – 2016 Montserrado County obtained the highest number of persons gotten married 275 persons applied for marry certificates 108 were successful a n d re c e i v e d t h e i r m a r r i e d certificates, in the same period from Grand Bassa County 128 persons applied and 99 persons were successful and received their married certificate these were the two highest counties the total numbers of persons represented the fifteen counties the year under reviewed were 476 successful applicant.
1
No. since the government launch the Early Child and Force Marriage Campaign there have limited budgetary support to the Ministry of Justice and the Liberia National Police to adequately response.
0
A d d i t i o n a l w i t h r e s p e c t t o t r a d i t i o n a l a n d c u s t o m a r y marriage The Center for National Document and Records they are a l s o r e s p o n s i b l e t o h a n d l e t r a d i t i o n a l a n d c u s t o m a r y marriages they provided the total number of persons that have gotten married traditionally over the last 10 years 2,000 persons names have been recorded but the institution was quick to mentioned of the challenges they are face with the number of persons are more but those persons were never recorded.
Are law enforcement agencies
Liberia ScoreCard I Maputo Protocol 2019
Page
1
Article 6: Marriage The Article Number
The Article Content
6 (b) The Minimum age for women shall be 18 years.
Assessment Questions
Does the law or policy specify the minimum age for marriage?
Situation/Reality Report
Score
Yes. AN ACT TO AMEND SECTIONS 14, 16,
1
17 and 18 OF THE PENAL LAW, TITLE 26, LIBERIAN CODE OF LAWS REVISED AND TO ADD THERETO A NEW SECTION Sexual offense 14.70 Rape
Definition: The legally marry age for a person (Female) to get Marry is at 18+ and above, with the consent of the adversary party not by force or duress.
Offense: A person who have sexual
intercourse with another person (Female) have committed Rape if:
(I) He intentionally penetrates the vagina, anus, mouth or any other opening of:; another person (male or female) with his penis, without the victim's consent; or;
(ii) He/She intentionally penetrates the vagina or anus of another person with a foreign object or with any other part of the body (other than the penis), without the victim's consent. (iii) The victim is less than eighteen years old, provided the actor is eighteen years of age or older.
2. Gang Rape. A person has committed Gang Rape, a firstdegree felony, if: He or she purposely promotes or facilitates rape or agrees with one or more persons to engage in or cause the performance of conduct which shall constitute rape.
Liberia ScoreCard I Maputo Protocol 2019
Page
1
Article 6: Marriage The Article Number
The Article Content
Assessment Questions
Situation/Reality Report
Score
Children's Law of Liberia, 2011 & (Article VI, Section 1(a-d) & 4)
Section 16.15 (a-e) & Section 4 (a-d) No person or society shall subject a child to any harmful practices; a person commits a felony of second degree if she or he subjects a child to any of the following practices: (I) facilitating the marriage to any person when she or he is still under the age of 18;
(ii) forcing a child to marry another person
(iii) betrothing a child into marriage or a promise for marriage; (iv) exposing the child to harmful or hazardous work;
(v) or a practice that violate or endanger the bodily integrity, life, health, dignity, education, welfare, or holistic development of the child.” Etc.
Are there any customary or religiously recognized practices that provide for exceptions with regards to the minimum age for marriage?
Liberia ScoreCard I Maputo Protocol 2019
No. the Domestic Relations Law -
0
Title 9 - Liberian Code of Laws Revised – (Chapter 2, Sub. Section 2.2) Provides Legal rights to all parties on the minimum age of marriage with no exception to any religious grouping or ethnic group
Page
1
The Article Number
The Article Content
Assessment Questions
Situation/Reality Report
Score
Chapter 2. MARRIAGE
Sub. § 2.2. Marriageable age. 1. Age of legal consent: Males; females. E ve r y m a l e p e rso n w h o h a s attained the full age of 18 years and above and every female who has attained the full age of 18 shall per see be capable of contracting marriage and a marriage license may be issued to such persons if otherwise competent and such marriage shall not be done under duress, intimidation or any other harassment. Are there institutions that enforce marriage laws and the rights thereunder?
Yes. These institutions response are,
1
the Woman and Children Division of the Liberia National Police, The Ministry of Gender and The Ministry of Internal A airs or the Ministry of Interior. Mandate of the Ministry of Internal Affairs
Mandate: in line with the 1982 Act that established the Ministry of Internal A airs one of its Core Mandate is to supervise and coordinate Local Governance and the key objective are listed below.
Liberia ScoreCard I Maputo Protocol 2019
Page
1
The Article Number
The Article Content
Situation/Reality Report
Assessment Questions
Score
a. Objectives: The objectives of this new governance system were, to make both Leaders and the G o v e r n e d m o r e a w a r e a n d r e s p o n s i v e t o t h e i r r i g h t s , l i m i ta t i o n s , re s p o n s i b i l i t i e s , potentials and their duty to the State and ensure citizen have the r i g h t t o f r e e l y g e t l e g a l l y associated in (Marriage, courtship a n d D i a r y ) e n f o r c e l o c a l governance regulations, among others. b. Social Cohesion: The gradual positive change of mindset under t h e n ew syste m of B r i n g i n g Government Closer to the People clearly began an erosion and replacement of the old system of 'Everything being Decided and Controlled from Monrovia. The Ministry of Gender
Within the Ministry of Gender they have the Women and Children Session, based on some of the mandate of the ministry of gender to intervene in to marital a airs of both parties and recommend persecution to the Liberia National Police on issue i.e persistence NonSupports among others, Both the Ministry of Internal A air and the Ministry of Gender have a Join Ministerial Task force that intervene in such matter and forward all cases that does not have a criminal component to the Ministry of Justice and onward persecution to the Circuit Court B” at the Temple of Justice.
https://www.law.cornell.edu/women-and-justice/type/domestic_case_law https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1063&context=etd Liberia ScoreCard I Maputo Protocol 2019
Page
1
Article 6: Marriage The Article Number
The Article Content
6 (c) Monogamy is encouraged as the preferred form of marriage and that the rights of women in marriage and family, including in polygamous marital relationships are promoted and protected;
Assessment Questions
Are there laws that recognize polygamous marriages?
Situation/Reality Report
Score
Yes. the Customary Marriage Law of 1998 (Section 8 subsection 8.11 – 14)
1
In Liberia there are two ways once ca n g et m a r r y we h a ve t h e c u sto m a r y La w of 1 9 9 8 a n d statuary Law of (2000) both are still b e e n e e c t i ve b u t w i t h few amendments that does not repeal the entire customary law. The customary Law is what we also referred to as the traditional marriage meaning the diar y payment exchange of kola nuts and which constitute the forty nine dollar ($49.00 USD) bride price. As a means of appreciation to the Wife Family.
Customary Law provide for one man many wives
Sub. § 8.11 – Entitling a husband is entitle to get marry to more than o n e w i fe d e p e n d i n g o n t h e strengthen of such person
Sub. § 8.12 – the head wife's should
be inform of such decision whether or not the head wife agreed the final decision lies in the hands of her husband.
Sub. § 8.13 – entitling the second
married has been held the head wife/first shall have legal authority over the second wife or other proceeding.
Sub. § 8.14 - Entitling right to the head/first wife having one-third of her husband's property shall not be taken away whether or not the husband has a second wife or other proceeding, the s e c o n d o r m o r e w i v e s s h a l l b e compensated by her husband with no authority of legal potion of one-third of her husband's property.
Liberia ScoreCard I Maputo Protocol 2019
Page
1
The Article Number
The Article Content
Assessment Questions
Does the law/s guarantee protection of equal rights of women in marriage and family whether in monogamous or polygamous marital relationships?
Situation/Reality Report
Score
Yes. The Customary Marriage Law and Western Marriage are all been protected and receive equal rights as sited herein. E Q U A L R I G H T S O F T H E CUSTOMARY MARRIAGE LAW OF 1998. (Section 2.5/6) The property acquired or owned by a customary woman, either before or during marriage, belongs to her exclusive of her husband and she is therefore free to do any lawful business in her own name, including the right to contract with third parties but to the full knowledge and consent of her husband;
1
Sub. § 2.3 Entitling a wife to one-third of her husband's property Sub. § 2.5 Providing that a husband must respect his wife's human rights Sub. § 3.3 Entitling a widow to remain on the premises of her late husband (or to take another husband of her choice and vacate the late husband's premises) Sub. § 3.5 Entitling a widow to administer her husband's estate by making a petition to the probate court of their jurisdiction.
Liberia ScoreCard I Maputo Protocol 2019
Page
1
The Article Number
The Article Content
Assessment Questions
Does the law/s provide adequate mechanisms for redress in marital related cases?
Liberia ScoreCard I Maputo Protocol 2019
Situation/Reality Report
Score
Yes. The Ministry of Justice and the Ministry of Gender handle issue of martial related cases, However the Ministry of Justice advice the plainti and adversary parties on the consequences associated with divorce, separation, Alimony P e n d e n t e l i t e , R e s i d e n t i a l Jurisdiction among others while the Ministry of Gender provide counselling for the both parties, if the both parties still want to proceed with either of the issues mentioned above they will now proceed to the Circuit Court or M a g i s t e r i a l c o u r t f o r l e g a l interpretation. Yes the redress mechanism is through the Ministry of Justice and Ministry of Gender Respectively.
1
Page
1
The Article Number
The Article Content
Assessment Questions
Does the law/s provide adequate mechanisms for redress in marital related cases?
Liberia ScoreCard I Maputo Protocol 2019
Situation/Reality Report
Score
Yes. The Ministry of Justice and the Ministry of Gender handle issue of martial related cases, However the Ministry of Justice advice the plainti and adversary parties on the consequences associated with divorce, separation, Alimony P e n d e n t e l i t e , R e s i d e n t i a l Jurisdiction among others while the Ministry of Gender provide counselling for the both parties, if the both parties still want to proceed with either of the issues mentioned above they will now proceed to the Circuit Court or M a g i s t e r i a l c o u r t f o r l e g a l interpretation. Yes the redress mechanism is through the Ministry of Justice and Ministry of Gender Respectively.
1
Page
1
Article 6: Marriage The Article Number
The Article Content
6 (d) Every marriage shall be recorded in writing and registered in accordance with national laws, in order to be legally recognized;
Assessment Questions
Situation/Reality Report
Score
Are there mechanisms in place to register all marriages regardless of how they are solemnized (i.e. customary, religious, etc.)?
Yes. the Ministry of Internal A air and The National Center for Documentation and Records (Statutory Marriage) and the Ministry of Internal A airs MIA (Customary Marriage) .
Are there institutions mandated to register marriages in accordance with national laws?
Yes. The National Center for Documentation and Records (Statutory Marriage); the Ministry of Internal A airs MIA (Customary Marriage) and the Probate Court (The Judiciary)
1
Yes. The Ministry of Internal A air has a regular announcement on radio station, Television station, Drama, Jingle and a Service Center is place in every county as a m e a n s o f i n f o r m a t i o n d i sse m i n a t i o n . C u r re n t l y t h e Ministry of Internal A air are in partnership in creating awareness on Marriage Registration, Birth R e g i s t r a t i o n a n d D e a t h Registration across the country.
1
If so, is this information registration of marriage known to the public?
Liberia ScoreCard I Maputo Protocol 2019
1
Core Objective of the Ministry of Internal Affair
Objectives: The objectives of this new governance system were, to make both Leaders and the Governed more aware and responsive to their rights, limitations, responsibilities, potentials and their duty to the State and ensure citizen have the r i g h t t o f r e e l y g e t l e g a l l y associated in (Marriage, courtship a n d D i a r y ) e n f o r c e l o c a l governance regulations, among others.
Page
1
Article 6: Marriage The Article Number
The Article Content
6 (e) The husband and wife shall, by mutual agreement, choose their matrimonial regime and place of residence;
Assessment Questions
Are there laws to protect the rights of women in marriage in regard to choose of matrimonial regime and place of residence?
Situation/Reality Report
Score
Yes. Generally there are laws that protect the right of women in marriage. There is a specific law t h a t g i ves r i g h ts to wo m e n p a r t i c u l a r l y i n r e g a r d t o matrimonial regime as indicated below:
1
There are laws protecting widows in Liberia in relation to their place of residence accordance Decedent Estate Law of Liberia (Dec 1, 2003)
S e c t i o n 2 . 6 W i fe's P ro p e r t y Exclusively and Place of Resident
a) The property acquired or owned by a customary woman, either before or during marriage, belongs to her exclusive of her husband and she is therefore free to stay therein or choice to lease the business lawfully in her own name, including the right to contract with third parties but to the full knowledge and consent of her husband, she is legally responsible to reside within the billet of the country with full protection of her human rights. THE CUSTOMARY MARRIAGE LAW OF 1998. (Section 2.5/6)
The property acquired or owned by a customary woman, either before or during marriage, belongs to her exclusive of her husband and she is therefore free to do any lawful business in her own name, including the right to contract with third parties but to the full knowledge and consent of her husband.
Liberia ScoreCard I Maputo Protocol 2019
Page
1
Article 6: Marriage The Article Number
The Article Content
Situation/Reality Report
Assessment Questions
Score
Domestic Relations Law - Title 9 - Liberian Code of Laws Revised – (Chapter 3, Sub. Section 3.4)
Property and rights therein of married women A married woman has all the rights in respect to property, real or personal, and the acquisition, use, enjoyment and disposition thereof, and to make contracts in respect thereto with any person, including her husband, and to carry on any business, trade or occupation amongst many other things as the provision further states. If not, what is the practice?
Yes
Are there laws t h a t p r o t e c t widows in relation to their place of residence?
Yes. THE CUSTOMARY MARRIAGE LAW OF
Liberia ScoreCard I Maputo Protocol 2019
1 1
1998. (Section 3.2/3.3/3.5)
Especially Section 3.3 which sates “After the death or burial of her/their husband, the customary widow or multiple shall be at liberty either to remain on the premises of h e r / t h e i r l a t e h u s b a n d t o administer said estate, or she/they may take another husband of her/their choice and shall vacate the premises of the late husband in as much the new marriage entered automatically reverse said rights and same property return to the heirs or children of the late husband”.
Page
1
Article 6: Marriage The Article Number
6 (f)
The Article Content
A married woman shall have the right to retain her maiden name to use it as she pleases, jointly or separately with her husband's name
Assessment Questions
Are there guidelines governing women's rights to choose of surname whether maiden or husbands?
Situation/Reality Report
Score
Yes. absolutely there is no law within our jurisdiction or guidelines that subject the woman to using the Surname of her husband, in fact the supreme court issued an opinion on such matter.
1
774 LLR, Page 43 Barclay v. Digen
Supreme Court of Liberia (December 16, 1999)
Divorce and dissolution of marriage, Gender discrimination, Property and inheritance rights
U p o n d i v o rc e, t h e h u s b a n d claimed he was entitled to a property acquired during the marriage because a married woman cannot acquire property in her maiden name solely for herself. The court held that: (a) there is no legal significance of a woman choosing to use her husband's surname; it does not a ect the right of a woman to own property while married; (b) a woman can purchase property in her maiden name during marriage; (c) unless freely consented to, property which is owned solely by a husband's wife cannot be controlled by her spouse. If not, what is the practice?
Liberia ScoreCard I Maputo Protocol 2019
0
N o . b a s i c a l l y t h e r e a r e customary/traditional practices with in our society though it is not expressly written but it form part of our common Law Practice, even the martial certificate does not give such authority to the husband it is expressly written that the wife should place her family name on the certificate it is just a tradition and societal norms.
Page
1
Article 6: Marriage The Article Number
The Article Content
6 (g) A woman shall have the right to retain her nationality or to acquire the nationality of her husband;
Assessment Questions
Are women aware of their rights to choose of retaining or acquiring nationality of husband?
Situation/Reality Report
Score
Yes. the 1986, constitution which was tough in school under civil provided the opportunity and created awareness.
1
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 o t h e r w i s e a p p l i e d t o t h e liquidation of the debts or other obligations of the spouse, whether c o n t r a c t e d b e fo r e o r a f t e r 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.
Article 23.b: The Legislature shall e n a c t l a w s t o g o v e r n t h e 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.
Are there existing procedures for this?
Liberia ScoreCard I Maputo Protocol 2019
Yes. The Alien and Nationality Law o f L i b e r i a ( 1 9 7 4 ) p r o v i d e s procedures.
1
Page
1
The Article Number
The Article Content
Situation/Reality Report
Assessment Questions
Score
The Aliens and Nationality Law Liberia (1974) - Codes revised, vol. II: Page 182 subchapter b. section 21.30. and Section 21.32
1
§ Sub Section 21.30. Woman who marries citizen.
A woman of negro descent or Black color who marries a citizen of the Republic shall become citizen by virtue of such act of marriage a citizen of Liberia. Such woman may be naturalized if she is qualified in conformity with all of the provisions of section 21.1 of this title and complies with all the procedural requirements for naturalization set forth in this chapter.
§ Sub Section 2.1. Administration of title and function by Attorney General;
The Attorney General is charged with the duty of administering the provisions of this title and shall have full power to accomplish all articles therein e ectively its aims and objectives, except that the commissioners shall be charged with the administration and enforcement of the provisions of this title relating to the powers, duties and functions of diplomatic and consular o cers, and shall perform such other duties as are expressly assigned to him by this title.
Liberia ScoreCard I Maputo Protocol 2019
Page
1
Article 6: Marriage The Article Number
The Article Content
6 (h) A woman and man shall have equal rights, with respect to the nationality of their children except where this is contrary to a provision in national legislation ort is contrary to national security interests
Situation/Reality Report
Assessment Questions
Is this provision included in the constitution of the country?
Score
Yes. The 1986 Constitution of Liberia
1
expressly give the right to both parent to choose the nationality of their children.
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 d e p r i v e d o f c i t i z e n s h i p o r nationality except as provided by law; and no person shall be denied the right to change citizenship or nationality.
All persons are born equally free and independent and have certain natural, inherent and inalienable rights, among others; all persons are equal before the law and are therefore entitled to the equal protection of the law. Article 11
Do national laws guarding children's rights make this provision?
Liberia ScoreCard I Maputo Protocol 2019
1
Yes.
Domestic Violence Law; - The Domestic Relation Law; Children's Law; - The Aliens and Nationality Law Liberia (1974) - Codes revised, vol. II: - A n A c t t o G o v e r n t h e Devolution of Estates and E s t a b l i s h R i g h t s o f Inheritance for Spouses of B o t h S t a t u t o r y a n d Customary Marriages. -
Page
1
Article 6: Marriage The Article Number
6 (i)
The Article Content
Assessment Questions
A woman and a man shall jointly contribute to safeguarding the interests of the family, protecting and educating their children;
Are there cultural beliefs and practices in alignment with this article?
Situation/Reality Report
Score
Yes. it's even beyond cultural beliefs and
1
practices (Domestic Relation Law of 1973) Sub. § 7.5. Legitimacy of children.
The following provisions govern the e ect of annulling avoidable marriage upon the legitimacy of the children of the parties. (a) W h e n m a r i t a l v o w s i s exchange both parent shall have the legal right to e n s u r e t h a t t h e c h i l d /c h i l d re n ta ke f u l l responsibility (b) T h e h u s b a n d s h a l l financially be obligated for t h e w e l l - b e i n g o f t h e child/children
2. (a) if a marriage be annulled on the ground of the idiocy or the insanity or adjudged incompetency of one or both of the persons entering into the marriage, a child of the parties is the legitimate child of both parties (a) if such circumstances arises the husband shall s h o u l d e r t h e f u l l r e s p o n s i b i l i t y o f h i s c h i l d /c h i l d re n a n d a ny excuse thereof in title 8 page 194. Section 15.2
Liberia ScoreCard I Maputo Protocol 2019
Page
1
The Article Number
The Article Content
Assessment Questions
Are there existing laws compelling both spouses to safeguard, protect and educate their children, whether still in union or outside the union?
Liberia ScoreCard I Maputo Protocol 2019
Situation/Reality Report
Score
Yes. Domestic Relations Law (Chapter 4.
1
Subchapter D. Sub. Section 4.72; Sub. Section 4.91) (Subchapter A. Sub. Section 4.1.)
Provides for the protection of the child (ren) of both parents. Each such parent shall be equally charged with their care, nurture, welfare and education. When such parents are living in a state of separation, the father shall be the custodian of the minor children of the marriage as against the claim of any person whomsoever; but if he is unable or morally unfit to perform his parental, legal, moral and natural duties toward his children or for any other reasons he fails or neglects to perform such duties, upon petition to a circuit court for a writ of habeas corpus or other appropriate relief and a s h ow i n g i n t h e p ro c e e d i n g s thereon etc. or failure on the part of the father, the minor children of the marriage shall be entrusted to the mother or some other person who is capable of performing such duties.
Page
1
Article 6: Marriage The Article Number
6 (j)
The Article Content
During her marriage, a woman shall have the right to acquire her own property and to administer and manage it freely
Situation/Reality Report
Assessment Questions
Are there laws that allow women to acquire property and administer?
Score
Yes. The Land Rights Act (2018) and the EQUAL RIGHTS OF THE CUSTOMARY MARRIAGE LAW OF 1998
1
Chapter 7, Article EQUAL RIGHTS OF THE CUSTOMARY MARRIAGE LAW OF 1998. (Section 2.5/6) Section 2.5 - The property acquired
or owned by a customary woman, either before or during marriage, belongs to her exclusive of her husband and she is therefore free to do any lawful business in her own name, including the right to contract with third parties but to the full knowledge and consent of her husband. Domestic Relations Law - Title 9 - Liberian Code of Laws Revised – (Chapter 3, Sub. Section 3.4)
If not, what measures are being put in place for women to own property?
Total Score = 25
(100%)
Property and rights therein of married women A married woman has all the rights in respect to property, real or personal, and the acquisition, use, enjoyment and disposition thereof, and to make contracts in respect thereto with any person, including her husband, and to carry on any business, trade or occupation amongst many other things as the provision further states. Yes. based on this alarming issue in the past the government have p a s s e d a l a w t h r o u g h t h e legislature for women to have land ownership .
1
21
POINTS
84%
Outcome of the Country Level Assessment Article 6: Marriage
The domestic relation law and the customary law did not segregate based on religion for marriage the set minimum legal age requirement had no exception to any of the religious grouping or ethnic group However, the research have shown that there is no legal documentation that compel a married wife's to carry the surname of her husband in face th the Supreme Court handed an opinion in the Barclay v Digen LLR 774 16 December 1999 case in summary. Liberia ScoreCard I Maputo Protocol 2019
Page
1
Divorce and dissolution of marriage, Gender discrimination, Property and inheritance rights
Upon divorce, the husband claimed he was entitled to a property acquired during the marriage because a married woman cannot acquire property in her maiden name solely for herself. The court held that: (a) there is no legal significance of a woman choosing to use her husband's surname; it does not a ect the right of a woman to own property while married; (b) a woman can purchase property in her maiden name during marriage; (c) unless freely consented to, property which is owned solely by a husband's wife cannot be controlled by her spouse. Gap: There are limited attention provided by law enforcement agency to adequately response to accident of force marriage, which if not handle properly will lead the high increase of teenage pregnancy and early child marriage in communities.
Gap: The customary law, the domestic relation law does not expressly address the need for wife in marriage to use unto them the surname of their husband, based our research it is not expressly written in any of the law people have been using such based on tradition and religious believes for instance church pastors and mosque Imam after every holy matrimony pronounce the couple as husband and wife and mentioned the both couple as Mr. and Mrs Jones for instance.
Recommendations The state party must ensure with in the mandate of the Women and Children Division of the Liberia National Police they include issues areas adequate protection and enforcement of women and girls against force marriage
State party much clearly define through the development of a policy that allow spouses (Wife) whether or not to use the surname of her husband
The Ministry of Internal A airs must be able to digitize the marry registration and records system and update it files with current information
Liberia ScoreCard I Maputo Protocol 2019
Page
1
Article 12: Right to Education & Training The Article Number
The Article Content
12 (a) Eliminate all forms of discrimination against women and guarantee equal opportunity and access in the sphere of education and training;
Assessment Questions
What are the mechanisms the government has put in place to eliminate all forms of discrimination against women in education?
Situation/Reality Report
Score
Yes. the Government of Liberia has put in place some policy f r a m e w o r k t o m i t i g a t e t h e discrimination in education for i n s ta n c e t h e N a t i o n a l G i r l s Education Policy, the Inclusive Education Act The National Girls Education Policy.
1
GOALS AND OBJECTIVES
The Girls' Education Policy seeks to consolidate national and international laws to promote girls' e d u c a t i o n a n d to a d v a n c e priorities that will accelerate p ro g re ss i n i m p ro v i n g g i r l s ' education. Chapter 43.1
The MoE shall ensure women and girls activities are mainstream across every primary, secondary and senior secondary institution of learning and there should be a zero-tolerance discrimination of student including women and girls 43.10 School Safeguarding
Ensure that all learning institution s u b m i t i t c h i l d a n d y o u t h safeguarding plan to the County E d u c a t i o n O c e r i n t h e i r respective county of operation 21 days prior to opening of the start of the new academic year, no student shall be discriminated against regardless of whatever means.
Liberia ScoreCard I Maputo Protocol 2019
Page
1
Article 12: Right to Education & Training The Article Number
The Article Content
Assessment Questions
Are there any national initiatives to ensure women equally access education and training opportunities?
Situation/Reality Report
Score
1
Yes. The Ministry of Education 4year ago launch the girls take over campaign that campaign in which YOCEL was a part provided access and encourage girls and y o u n g w o m e n t o c o n s i d e r education as a means and ways of taken over, since 2016 this program has been running and with the support from the Word Bank we saw an increase in the number of girls and young women ratio to enrollment and completion of their education.
Buttressing that e ort ECOWAS in 2016 launch a scholarship program for Girls and Boys of Excellence with special emphasis on girls, when qualified for this program it allow you to join the ECOWAS Volunteers Program that provide training opportunities for girl and young women in 2018 – 2019 35 persons Liberian are in eight (8) West African Countries Working as ECOWAS Volunteers with international NGOs and the ECOWAS Community Embassy among them 60% are girls and young women.
Liberia ScoreCard I Maputo Protocol 2019
Page
1
Article 12: Right to Education & Training The Article Content
Assessment Questions
12 (b) Eliminate all stereotypes in textbooks, syllabuses and the media, that perpetuate such discrimination;
Is there any national mechanism in place to vet content in textbooks, syllabuses and media before publication and broadcast?
The Article Number
Situation/Reality Report
Score
No. such mechanism was just discussed in 2019 the structure has been put in place with the support from development partner. It is our hope that in 2021 that committee will now be fully structure with the support to operate. Currently the Ministry of Education approach textbooks and Syllabuses but the framework have been faced with many challenges.
0
To what extent does vetting mechanism address stereotyping and discrimination of women?
No. this has not been an hosltic approach it is based on isolated cases for stereotyping many days students mostly girls are been stereotype, discrimination it is e x p re ss l y m e n t i o n e d i n t h e National Girls Education Policy.
0
Are there any punitive measures for perpetrators of the stereotyping and discrimination of women?
Yes. There are punitive measure on the books The Teachers Code of Conduct; the National Gender Policy of Liberia (2009); Code of Conduct for Teachers and Schools Administrators in Liberia (2014); The National Girls Education Policy all p r o h i b i t s S t e r e o t y p i n g a n d penalize perpetrators but the monitoring on enforcement has been limited.
1
Liberia ScoreCard I Maputo Protocol 2019
Page
1
Article 12: Right to Education & Training The Article Content
Assessment Questions
12 (c) Protect women, especially the girl-child from all forms of abuse, including sexual harassment in schools and other educational institutions and provide for sanctions against the perpetrators of such practices;
Are there national provisions protecting the girl child from all forms of abuse including sexual harassment in schools and other education institutions?
The Article Number
What are the enforcement mechanisms and punitive measures or sanctions in place protecting women and girls from perpetrators of such practices?
Liberia ScoreCard I Maputo Protocol 2019
Situation/Reality Report
Score
Ye s . C o d e of C o n d u c t fo r T e a c h e r s a n d S c h o o l s Administrators in Liberia (2014) Section 6.4.2
1
Yes. the ministry of education have established the County School Board, the Education Tasks Force and education watch forum these institution are responsible to monitor the daily school activities for each county and report to the County School Board Monthly, with in these structure there are redress mechanism in every county Civil society are also be selected to join the committee.
1
In keeping with the Civil Service Standing Order 2012, penalty for the conviction of felony is dismal s u c h t e a c h e r s / s c h o o l administrators and when form guilty shall be remanded for a period of 2years in a local prison and photo publish.
Page
1
Article 12: Right to Education & Training The Article Number
The Article Content
12 (d) Provide access to counseling and rehabilitation services to women who su er abuses and sexual harassment
Assessment Questions
Are there functional counseling and rehabilitation centers for women and girls that experience or have experienced gender-based violence?
Liberia ScoreCard I Maputo Protocol 2019
Situation/Reality Report
Score
Yes. The Ministry of Education have developed a Gender Based Violence framework and steering c o m m i t t e e c o m p r i s e d o n international NGOs, Civil Society, Ministry of Internal A air and the Ministry of Gender. Within the County School Board there are psychosocial counsellors, in 2017 we experience a situation in Liberia from the More Than Me Academy re p o r te d by P ro P u b l i c a t h i s situation claims international a t t e n t i o n , s i n c e t h a n t h e government has been very strong on this issue and have put in policy measure and the setting of various committee and the functioning to a greater extend. So based on the lesson learned government have put in place systems, imagine if it was not an alarming situation.
1
Page
1
Article 12: Right to Education & Training The Article Number
The Article Content
12 (e) Integrate gender sensitization and human rights education at all levels of education curricula including teacher training.
Assessment Questions
What mechanisms has the government put in place to ensure that the national curriculum for leaners is gender sensitive and inclusive of human rights?
Liberia ScoreCard I Maputo Protocol 2019
Situation/Reality Report
Score
Yes. The Government of Liberia developed the Getting to Best National Education Sector Plan 2017 – 21, the plan also engendered an inclusive framework that deals w i t h g e n d e r m a i n st re a m i n g , gender equality and address the human right issues and school related gender based violence. However the education sector analysis of 2016 provided a detail of the program made and how the government dealt with the human right issues and the plan that have been develop. For instance Children from poor and rural households are less likely to complete basic education compared to children from wealthy and urban households (Figure ESE). Analysis from DHS 2013 indicates that fewer than 47 percent of youth 1 0 to 1 9 y e a r s - o f - a g e f ro m households in the lowest two wealth quintiles survive to Grade 6. In comparison, 88 percent of equivalently aged youth from households in the highest quintile of wealth survive to Grade 6. In terms of locality, 70 percent of youth aged 10 to 19 years-of-age in urban areas survive to Grade 9, compared to only 35 percent of their peers in rural areas.
1
Page
1
Article 12: Right to Education & Training The Article Number
The Article Content
Assessment Questions
Is gender mainstreaming (education budgets, sector plans, and monitoring frameworks) incorporated in the current national education system?
Does the teacher-training curriculum in key government and private institutions incorporate gender responsive teaching methodologies?
Liberia ScoreCard I Maputo Protocol 2019
Situation/Reality Report
Score
Y e s . i t c a p t u r e g e n d e r mainstreaming and an inclusive policy have been developed for girls and young women, been privilege to sit on the education budget committee in 2018 there are substantial process made in regard to budgetary allocation to the education sector from 2017 the b u d g e t a r y s u p p o r t t o t h e education sector was 14.1 in 2020 t h e b u d g e t s u p p o r t t o t h e education sector is 15.8% with huge development partners support c u r r e n t l y t h e r e a r e g o o d monitoring mechanism put in place at the Ministry of Education based o n s u p p o r t f ro m U SA I D a n d through the County School Board the situation have improved.
1
Yes. with in the Education Reform Act of 2011charter 7 Inclusive Education and sub section 7b Gender Responsive
1
Sub section 7b every training and learning material shall consider a gender responsive module for both public and private school each institution of learning in the republic shall develop its own gender response training plan and method and shall be submitted to the County School Board. And onward to the Minister of Education.
Page
1
Article 12: Right to Education & Training The Article Number
12.2 (a)
The Article Content
Promote literacy among women;
Assessment Questions
Are there any formal and/or informal programs aimed at enhancing literacy among women?
Liberia ScoreCard I Maputo Protocol 2019
Situation/Reality Report
Score
Yes. The Government of Liberia developed an Adult Literacy P r o g r a m s e c t i o n 3 . 1 T h e Accelerated Learning Program The Accelerated Learning Program (ALP) established in 1998, targets primary, secondary and senior secondary school students who have overgrown the entry age of 6 years and are not in school. The normal 6 years curriculum school was condensed and structured to enable student in this category, this program also focuses of young women to enhance their written and reading skills making them literary.
1
Page
1
Article 12: Right to Education & Training The Article Number
12.2 (b)
The Article Content
Promote education and training for women at all levels and in all disciplines, particularly in the fields of science and technology;
Assessment Questions
Situation/Reality Report
Score
Are there mechanisms in place to boost gender parity in the enrolment, retention and transition of women and girls in all levels of education?
Yes. Education Sector Plan 2017 21 the Education Sector Analysis and the Join Education Sectorial Committee reports all speaks to boosting the enrollment, retention and completion of girls in school. In May 2018 the World Bank release a report the finance they give to Liberia in the last five within that report there were major process in the enrollment, retention rate of girls by 18% to the previous years but completion rate drop 4% decline in last 2years.
1
Are there national policies, strategies, or initiatives to enhance women participation in STEM courses and fields?
Yes. the national Curriculum and education sector plan included STEM education in 2017 and this was furthered enforce in 2018 by the Vice President Liberia during the STEM education symposium. That concept have role out in some school in Montserrado mainly Private schools ( JJR High School, Light Stream Academy, School of P r i m e S y s t e m , D o n - B o s c o Polytechnic) among others.
1
Liberia ScoreCard I Maputo Protocol 2019
Page
1
Article 12: Right to Education & Training The Article Number
12.2 (c)
Situation/Reality Report
The Article Content
Assessment Questions
Promote the enrolment and retention of girls in schools and other training institutions and the organization of Programmes for women who leave school prematurely.
What measures has the state instituted to promote the reentry of out of school girls and women in formal education system?
Yes. the government have gotten i n p a r t n e r s h i p t h r o u g h t h e P a r t n e r s h i p S c h o o l L i b e r i a Program, (PSLP) and there are few Partnership schools that are working directly to ensuring reentry of out-of-school youth (Bridge and Rising Academy) but one Partnership school based in eight (8) out of 15 counties that are working exclusively with girls and young women below 21 years The Girls Equitable Education Program (GEEP).
1
Has the government invented criteria to reintegrate the out of school girls into Vocational training?
Yes. the government over the last 20 have developed a Technical Vocational E d u c a t i o n Tr a i n i n g ( T V E T ) a s a reintegration program for out-of-school girls and youth and the TVET Programs is place in three out of the 4 region in the country. The European Union have been providing support to the Ministry of Education and Youth and Sport through their “Youth Rising” with in the Youth Rising Project girls have been the center of the project outputs.
1
Total Score = 16
(100%)
Score
14
POINTS
87.5%
Outcome of the Country Level Assessment Article 12: Right to Education & Training
Education is a fundamental human rights Sustainable Development Goal #:4 globally to be implemented by 2030 and then having critical reflection on the education sector, the educational system of Liberia is hampered by so many factors which have resulted in the poor output of students. In 2013, 25,000 students sat the University of Liberia placement exams with no one passing both subjects (Math and English). For the last five years, students have reportedly underperformed in national exams. The cause of this chaos can be attributed to inadequate schools and supplies, as well as a lack of qualified teachers, low finances to the sector and corruption.
Liberia ScoreCard I Maputo Protocol 2019
Page
1
Moreover, the completion rate of school going students mostly girls have been very low according to the World Bank 2018 Report. In Liberia 42% of primary aged children are currently out of school and it is even higher for the poorest GPE 2017 index report.
This alarming situation is as a result of several factors including proximity to school, poverty and rural status. Most children with disabilities do not attend school. School fees and indirect costs are the major barriers to access and causes of students dropping out of school. Over half of out-of-school children live in rural communities, particularly remote rural communities; those that reside in urban areas are typically living in slums. Approximately 60% of out-of-school children live in poor households with low or no disposable income. Gap: The Ministry of Education over the last 5 years have stop providing courses and textbooks prescribed to all school across the country in line with section 8.9 of the 2011 Education Reform Act of Liberia.
Gap: Since 2018 according to the World Bank Report there have been more girls enrollment in schools but the completion rate of have drop 8% as compared to previous years.
Gap: Though there are policy in place on gender mainstreaming and gender parity but those policies have not been fully implemented by the Ministry of Education.
Recommendations
State Party must ensure the full implementation of the Education Reform Act of 2011
State Party must develop a strategic role map for the full implementation of all of the girls and young women policies to show the real reflection of what is mentioned in the Education Sector Plan
State Party must develop and provide courses and textbooks to all public and private school across the country starting with the next academic school year
Possible Areas for Future Advocacy Advocate for the full implementation of the Education Reform Act of 2011
Advocate and lobby with the Ministry of Education to develop a strategic role map for the implementation of the girls and young women policies
Lobby with the County School Board and the Ministry of Education to develop an alimented reporting system to monitor and performance of teachers and full implementation of the Teacher Code of Conduct and School Harassment Policy
Advocate with the County School Board to ensure that all private and public submit a workable safeguarding work plan as a means of ensuring that girls are fully protected and they are not harassed and sexually abused.
Liberia ScoreCard I Maputo Protocol 2019
Page
1
Conclusion Liberian women's civil liberties, including access to public space and political participation, are guaranteed by law, but yet women in Liberia su er disproportionately from the e ects of poverty and marginalization, and they have historically had limited opportunity to participate in the political, economic and social processes that can change their condition. According the to 2017 statistics from the World Population Review, women makeup 49.56% of Liberia's estimated 4.4 million population, compares to the 2008 census population of 3.47 million. This signfies how the percentage of women in Liberia is critical to changing the paradigm of decision making but yet women remain backbencher in the Liberia's political landscape.
The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa when furthered to detail the approach of state parties in eradicating all forms of discrimination against women as compare to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) among other international agencies, many at times Civil Society Organizations working on gender issue miss-out on the two instructions and wonder wish one should be given precedent.
As a matter of fact the Convention came into existence by the United Nations General Assembly in 1979 commonly call the International Bill of Rights for Women it’s limitation does not speak to the African Context and it’s articles are not detailed.
However, the African Union also adopted the (CEDAW) as a working framework for members states but women's rights in Africa were underrated, ignored, trampled upon and violence became pervasive undermining the culture values with no justification for said actions. Some customs where proven to be quite detrimental to women for instance female genital mutilation (FGM), wife beating, early child and force marriage, denial of property rights and inheritance among others.
The African Union hurriedly convened to arrest the alarming situation in Maputo, Mozambique on July 11, 2003 to developed the “The Protocol to the African Charter on Human and People's Rights on the Right of Women in Africa better known as the Maputo Protocol that is more detailing, addressing the issues on the continent of Africa's and implemented by African.
This scorecard is in response to the Maputo Protocol and hereby provoked a new course of advocacy for civil society organizations in Liberia. The government has made incremental progress per the scores in Education and Training and Marriage but there are still much work need to be done in Eliminating Harmful Practices.
YOCEL have set the standard for policy advocacy very high to ensuring government compliance to local, regional sub-regional and international instruments. This send a signal that the watch dogs of society are keenly interested in the decision they will make in line with what the state have signed, ratified and adopted as a part of the body of law that should govern the country. This scorecard provided civil society the opportunity to identify and bring to the attention of the government the gaps in regards to policy implementation, enforcement of Laws, adequate review of existing laws, avoid conflict in the law when it interpretation are not clear, avoid duplication of policies and the disparities for the protection of women and girls.
Liberia ScoreCard I Maputo Protocol 2019
Page
1
Yocel4Yocel
Youth Coalition For Education in Liberia (YOCEL)
Paynesville, Liberia P.O.Box 50101 GSA Road, Kola Tree Junction 1000 Monrovia, 10 Liberia
Email: info@yocel.org Tel: +231 776 087 515 +231 886 133 885 Designed & printed by Magnificent Group of Companies +231775790828 +231886138676
@2019
www.yocel.org