Country Report on Human Rights Practices for 1987
LIBERIA
.
The Liberian Constitution provides for an American-style
democratic system of government and guaranteed rights and
freedoms for the individual. In practice, the legacy of recent
military rule and the Liberian tradition of strong executive
authority continue to prevent fulfillment of that ideal.
Samuel K. Doe, who headed the Military Government which ruled
from 1980 until the establishment of the Second Republic in
January 1986, became President after elections in which Doe's
claim of a narrow victory was widely believed to have been
fabricated. He and his ruling party. The National Democratic
Party of Liberia (NDPL) , dominate Liberian political life.
Three opposition parties are recognized and permitted to
function. Of these, one participates in electoral politics,
and two continue their boycott of the Government and
legislature to protest what they regard as a fraudulent
election.
While Liberia is now ruled by a civilian government, the army
continues to be a bulwark of the current administration.
Liberia's armed forces number about 7,000 members and are
engaged mainly in guarding border crossings and fulfilling
certain internal security functions. The lack of military
discipline, especially among poorly paid enlisted men,
resulted in much petty harassment of civilians. The police
force is small and poorly trained.
Liberia's mixed economy is based primarily on iron ore, rubber,
and timber and has been in decline since the mid-1970's. It
continues to suffer from foreign exchange shortages, widespread
corruption, low export prices, a crushing debt burden, and
governmental mismanagement. However, in 1987 there was growing
appreciation of the need for fiscal discipline, manifested by
the Government's request for American financial experts to
help improve and manage government finances.
The human rights situation improved in 1987, but serious
problems remain. Seven daily newspapers circulated in
Monrovia, including two which reappeared after being closed in
1986. Journalists played an active role in the Government's
anticorruption campaign and also reported on some human rights
abuses. Institutionally, the legislature, though dominated by
the ruling NDPL, displayed some independence from the executive
branch by rejecting three presidential nominees to the Supreme
Court and defeating or tabling several pieces of legislation
supported by the executive branch. An extensive network of
internal checkpoints, which was instituted in reaction to the
1985 coup attempt and fostered intimidation and shakedowns of
civilians, was largely dismantled late in the year. Some
persons were detained without charge on security grounds, but
none were known to be held at year's end.
On the other hand, the general weakness of the administration
of justice throughout Liberia continues to be a significant
national problem. Most judicial and police officials are
poorly trained and unaware of their legal obligations. The
level of awareness of constitutional guarantees is low among
both officials and the population at large. Arbitrary arrests
for petty offenses, even for lack of "due courtesy" to public
officials, and general harassment by military personnel occur
frequently, while prolonged detention pending trial, or even
without charge, is commonplace. A new Chief Justice, who had
promised widespread reform, was impeached by the legislature
for what many view as political reasons after becoming
involved in a major constitutional dispute with the President.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings occurring in 1987.
b. Disappearanceppearance
There were no reports of politically motivated disappearances.
c. Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishmenture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no reports of officially conducted torture in 1987.
However, brutality by police and other security officials
during the arrest and questioning of individuals is fairly
common, and there have been no evident government efforts to
halt it. In November three Liberian employees of the U.S.
Embassy were detained following a traffic incident involving
one of the President's vehicles. Two of the three were
released after being held 5 days without charge and were
examined by the Embassy doctor, who found they bore evidence
of severe beatings. They were subsequently redetained, but no
charges were filed. All three were finally released in January
1988. A journalist arrested in August for photographing
security officials without authorization alleged that he was
beaten at the time of his apprehension. In May a student
leader claimed that he was abducted and beaten by plainclothes
security officers for several hours before being released.
Prison conditions, which have been bad for decades, remained
poor in 1987. Cells are often small and without windows or
ventilation. Food, exercise opportunities, and sanitary
facilities are inadequate. The maximum security prison at
Belle Yella is notorious for its harsh regimen, including hard
labor and the impossibility of family visits to prisoners given
its remote location. The cells at one military detention
facility in Monrovia are said by former inmates to be 3 feet
high with a dirt floor. Although the Constitution states that
civilians may not be confined in any military facility, this
provision is frequently ignored.
d. Arbitrary Arrest, Detention, Exile or Forced Laborrary Arrest, Detention, Exile, or Forced Labor
Although police must have a warrant for arrests and persons
must be charged or released within 48 hours, these
constitutional provisions are often ignored in practice,
particularly in cases involving alleged security threats or
violations. A woman arrested near the Ivorian border and
accused of communicating with Liberian dissidents in Cote
d'lvoire was detained for several months in a military
stockade without formal charges and without access to legal
counsel. The journalist mentioned in the preceding section
was held in a military cell for 5 days without being charged
and without seeing a magistrate. Seventeen villagers from
Nimba County were arrested and held for several weeks without
formal charges after being accused by security officials of
engaging in suspicious nocturnal dances and other activities.
Gabriel Doe, a Liberian businessman with ties to the
opposition, was detained without charge for 50 days,
apparently because of security concerns arising out of an
incident involving one of his fishing vessels.Prolonged detention of persons without charge frequently
occurs as a result of administrative and judicial neglect.
Reports surfaced in 1987 that at least 15 young people rounded
up in a police sweep of suspected street criminals in 1984 are
still being held at Belle Yella prison, without charges, over
3 years later. Details of the case are unconfirmed; however,
it is generally acknowledged in the legal community that many
of those now being held in Liberian prisons have been
"forgotten" by the judicial system. The poor condition of the
prisons makes such delay of justice particularly egregious.
Two prisoners reportedly died in custody in 1987 after waiting
over a year for cases to be brought against them.
An American priest. Father James Hickey, resident in Liberia
for over 20 years, was detained overnight and ordered to leave
the country after the Government declared him to be an
"undesirable alien," apparently because of his political
views. Although the section of the immigration law cited by
the Government in his case requires a conviction before
deportation. Father Hickey was neither charged with a crime
nor convicted. Several Lebanese nationals, accused of customs
fraud and other economic crimes, were summarily deported in
1987, also without benefit of judicial review.
The Constitution prohibits forced labor, and the practice is
firmly condemned by the Government. However, some have
alleged that authorities in rural areas force local citizens
to work on communal farms.
e. Denial of Fair Public Trial of Fair Public Trial
Liberia's civilian court system is based on Anglo-American
jurisprudence and features similar judicial bodies, with the
Supreme Court at the apex. The Constitution provides for
public trials and states that there shall be no interference
with the lawyer-client relationship. Nonetheless, the judicial
system is often subject to manipulation, and reports of
financial or political pressure on the courts are not uncommon.
Despite constitutional provisions for separation of powers,
the judiciary has a history of succumbing to the wishes of the
executive. In June President Doe requested the resignation of
the entire Supreme Court, saying that the people had lost
confidence in it. All five justices complied, avoiding a
constitutional confrontation and allowing the President to
reconstitute the bench.
The new Chief Justice, Chea Cheapoo, accepted a presidential
mandate to direct wide-ranging judicial reform and began a
major reorganization of the courts with scant regard for
constitutional provisions regarding removal of judges.
However, his efforts came to an abrupt end in November when he
was impeached by the legislature following a dispute with the
President over his handling of what he described as an
attempted bribery case. Cheapoo had arrested and detained two
persons, including a municipal court judge, for allegedly
attempting to bribe him. The Chief Justice facilitated media
coverage of the arrest and repeated allegations of
presidential involvement in bribery. The following day.
President Doe overruled Cheapoo, ordered the two released, and
asked the legislature to consider whether Cheapoo's actions
were constitutional. In impeaching Cheapoo, the legislature
found that he had overstepped his constitutional authority by
arresting a sitting judge. It also found his earlier
dismissal of magistrates and other court officials to be
unconstitutional. While political considerations reportedly
loomed large in this impeachment action, the legal issues
involved in the bribery case and the impeachment proceeding
were not clearcut. The incident prompted a significant
political debate over the separation of powers and the
constitutional prerogatives of both the executive and the
judiciary.
Persons have the right to legal counsel and to bail in
noncapital offenses. Where the accused is unable to secure
his or her own lawyer, the court is required to provide legal
services, although this is rarely done for lack of resources.
Traditional courts, presided over by tribal chiefs, are not
bound by common law or conventional judicial principles; they
apply customary and unwritten law to domestic and land disputes
as well as petty crimes. These decisions may be reviewed in
the statutory court system or appealed to a hierarchy of
chiefs. Administrative review by the Ministry of Internal
Affairs and, in some cases, a final review by the President
may follow. Allegations of corruption and incompetence in the
traditional courts are common. Local officials closed tribal
courts on the Firestone plantation in July claiming that the
traditional judges were abusing their authority.
There were no known political prisoners held in Liberian
prisons during 1987. However, several individuals have been
detained for various periods (up to 2 months in one instance)
pending "security investigations." None of the individuals
involved was a political activist.
f. Arbitrary Interference with Privacy, Family, Home or Correspondencerary Interference with Privacy, Family, Home, or
Correspondence
Military indiscipline remains a serious problem, reflecting a
general lack of professionalism among poorly paid enlisted
men. This surfaces in random shakedowns of civilians and
arbitrary interrogations which, in some instances, have
resulted in violence. In two separate incidents in July,
members of the Special Anti terror ist Unit (SATU) shot and
killed civilians, one after an apparently unsuccessful
shakedown attempt and the other following a traffic
disagreement. The soldiers involved were discharged and
turned over to civilian authorities for prosecution.
Interference in the lives of ordinary citizens occurs on a
wider scale in rural areas, where local officials wield
considerable power over the day-to-day activities of people
and where proper police and judicial procedures are less
likely to be followed. During the year, soldiers investigating
alleged security threats in Nimba and Grand Cape Mount Counties
reportedly harassed and threatened villagers, injuring some
and causing others to flee into the bush. Legislators and
other officials from Nimba County, the home of the leader of
the unsuccessful 1985 coup attempt, publicly complained that
soldiers and other security officials singled out citizens of
the county for harassment. President Doe responded to these
concerns by meeting with tribal leaders from the county in
October and visiting the county in late November. Following
his visit, he announced the closure of a substantial number of
internal check points throughout the country, including many
in Nimba County.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Pressof Speech and Press
The Liberian press is lively, and, despite some degree of
self-censorship, opposition viewpoints are presented, even on
government radio and television. All media refrain from
direct attacks on the President and certain other government
officials. Seven daily newspapers are currently published in
Monrovia, one of which is government controlled, and each of
the four political parties began publication of party
newsletters during 1987. Two daily newspapers, not published
since mid-1986 because of government pressure, resumed
publication in 1987 with President Doe's approval. Their
return to print encouraged the press to become markedly bolder
in its investigations and editorials. When President Doe
encouraged the press to investigate allegations of corruption
in government, the newspapers began to publicize official
corruption at a number of government agencies. One newspaper's
revelations led to the dismissal of the Foreign Minister and
two other officials for alleged involvement in a government
scandal
.
On at least two occasions, government officials reacted
harshly to newspaper articles critical of the Government. In
February police officials summoned reporters from one newspaper
to police headquarters following publication of an article
alleging police brutality and reportedly demanded that the
paper also print their version of the incident. In October the
Supreme Court cited three journalists for contempt of court for
publishing reports which challenged the Chief Justice to
substantiate his public allegation that some journalists are
corrupt. The case was apparently dropped following the
impeachment of the Chief Justice.
The Government reinstituted mandatory official accreditation
of journalists in 1987 and issued credentials to nearly 400
print and broadcast journalists. Although there is no
evidence that any application or request was denied, the Press
Union of Liberia objected to the new procedure as a form of
"prior restraint."
The Constitution includes provisions for freedom of expression,
including freedom of speech and of the press, but also
stipulates that persons be held "fully responsible for the
abuse" of this right. Decree 88a, passed by the military
Government in 1984, declares the spread of "rumors, lies, and
disinformation" a felony. Although this decree is widely
believed to be unconstitutional, it has not been revoked or
challenged in the courts and is therefore technically still in
force. Government authorities have not invoked the decree in
the past 3 years, and no individual has ever been convicted of
a violation of it. Nonetheless, journalists and others view
the decree as an undue restriction on freedom of speech and
the press and continue to call for its abolition.
Although no foreign publications are officially banned, the
Government still prevents circulation of the magazine West
Africa, which frequently publishes articles critical of the
Liberian Government.
The government-controlled Liberian Broadcasting System runs
the only television station in Liberia and two radio stations
which give priority to government news. The Government's
rural communication network offers a combination of
entertainment and development information to otherwise
isolated areas. Two religiously affiliated, politicallyindependent
radio stations are in operation and report
critically on local events, though their news programs are
subject to some government scrutiny.
b. Freedom of Peaceful Assembly and Associationof Peaceful Assembly and Association
The constitutional right to peaceful assembly and association
is observed more often in urban areas than in rural areas. In
1987 opposition groups conducted meetings and other
organizational activities in the Monrovia area without
interference from the Government. In some cases, meetings
were allowed to be held in government facilities. However,
government authorities in the countryside often prohibit
opposition groups from holding meetings within their
jurisdictions. Margibi County officials blocked several
attempts by one opposition party to hold political meetings in
the county in 1987. When opposition meetings do take place
outside Monrovia, participants frequently are harassed. In
May soldiers in Grand Bassa County arrested and detained
several members of an opposition political party who were
conducting a membership drive. A county official claimed that
the persons concerned, who were teachers, were barred by the
Constitution from participation in "active politics." (In
fact, the Constitution does not enjoin members of any
particular profession from political activity.)
Opposition groups did not attempt to organize any significant
public demonstrations in 1987, fearing that the Government
would react harshly if they did. A 1986 Supreme Court ruling
barred joint rallies and meetings of the collective
opposition; however, leaders of the various opposition
groupings meet on an informal basis without government
interference
.
The ruling NDPL party maintains a task force, composed of
several hundred young men, mostly unemployed, which opposition
parties claim exists for the sole purpose of harassing and
intimidating political opponents. After a number of violent
confrontations with opposition members over the past few years,
the NDPL task force maintained a lower profile in 1987. In
January a number of task force leaders were detained on
misdemeanor writs issued by the Ministry of Justice after they
had threatened senior NDPL officials in an intraparty dispute.
In July the United Peoples Party announced the formation of
its own task force in reaction to perceived threats from the
NDPL task force. Thus far, there have been no direct
confrontations between the two groups. Although there is no
formal policy within the Government requiring membership in
the ruling NDPL, government employees are sometimes pressured
to join the party. Most senior civil servants are members of
the NDPL.
Although Decree 2a, which bans student political activity on
campuses, is technically still in effect, students participated
in political activities during 1987. In August the Liberian
National Student Union (LINSU) , wliich has been harshly critical
of the Government, held its first National Congress in 8 years.
Student unions at the University of Liberia and Cuttington
University also held elections without incident.
Nonetheless, there were at least two attempts to restrict the
activities of student organizations and their leaders. In
March, after considerable debate, the legislature rejected a
Government-sponsored bill which would have banned LINSU. In
July the acting President of LINSU and a prominent young
member of an opposition party were dismissed from their
positions as teaching assistants at the University of Liberia.
The university administration claimed the move was unrelated
to the political activities of the two, but no other university
employees were dismissed at the time.
Workers have the right to form unions, organize, and bargain
collectively. Liberia has a national trade union federation,
the Liberian Federation of Labor Unions (LFLU) , which is an
affiliate of the International Confederation of Free Trade
Unions, and several independent unions. Union organizing,
collective bargaining, and the internal operations of trade
unions are largely free from government interference. PRC
Decree 12 outlawing strikes and "any other type of labor
unrest" is still on the books, but brief strikes have occurred
despite this ban. The new labor code, which would supersede
Decree 12 by permitting strikes under certain circumstances,
has languished in the legislature since early 1986.
The Government does not recognize the right of civil servants
or employees of parastatals (public corporations) to unionize
or to strike. In March the legislature enforced this
prohibition by invalidating the charter of the National
Teachers Union. (The organization continues to function, but
as an "association" rather than a union.) In August a
Government-sponsored Civil Service Reform Bill was introduced
in the legislature which would codify these restrictions on
government employees and also enjoin them from membership in
political parties. The LFLU, the independent unions, and the
opposition political parties voiced strong opposition to the
measure, however, and the legislature adjourned without taking
action on the bill. In 1985 the International Labor
Organization (ILO) noted that the Liberian Government's
restrictions on government employees are in violation of ILO
Convention 87 regarding freedom of association.
c. Freedom of Religionof Religion
The Constitution states that freedom of religion is a
fundamental right of all Liberian citizens. No religion has
preference over any other, and there is no established state
religion. Christianity, brought by 19th-century settlers and
spread through the interior by missionaries, has long been the
religion of the political and economic elite. The majority of
the rural population continues to practice traditional
religions. Approximately 25 percent of the population is
Muslim. The Liberian Council of Churches, an organization
comprising most of the Christian denominations in Liberia,
occasionally plays a prominent role in national affairs.
Early in 1987, a Bong County court indicted over 300 members
of the Poro, a traditional secret society based in rural
areas, for criminal offenses related to attacks on Christian
missions. Poro members alleged that Christian clergy were
divulging Poro secrets in their quest to win converts.
Charges against the indicted Poro members apparently were
dropped after the two sides agreed, with the help of
government mediation, not to interfere in each other's
activities
.
d. Freedom of Movement Within the Country, Foreignof Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides every person the right to move
freely throughout Liberia and to leave or enter Liberia at any
time. Although domestic movement was impeded by the extensive
network of internal checkpoints instituted in reaction to the
1985 coup attempt, the majority of these checkpoints were
dismantled late in the year. Police and military personnel at
these checkpoints routinely searched vehicles and solicited
bribes from passengers.
While restrictions on the foreign travel of former political
prisoners were lifted early in 1987, passport issuance was
sometimes delayed, apparently for political reasons. Exit
visas are required for all Liberians leaving the country.
Though these were routinely granted in 1987, persons wishing
to leave must first submit proof that they have paid taxes and
uti lity bi lis
.
Refugees are not forced to return to the countries from which
they have fled. In a few cases, however, the Government has
sought to deport refugees who became involved in political
affairs. In 1986 the Government arrested a South African
refugee for participating in a political demonstration,
claiming that by doing so he violated the conditions of his
asylum in Liberia. The refugee was still being held in
custody without charges at the end of 1987 pending government
arrangements to deport him to another country.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Gonvernment
Despite constitutional provisions and universal suffrage, it
has not conclusively been shown that citizens are free in
practice to change their government democratically. The
President and his ruling party, the NDPL, still have much more
power than other branches of government and other political
parties. Many officials from the former military regime,
which was headed by President Doe, still hold positions of
authority in the current Government, and the military, in
general, still wields substantial influence in political
affairs .
The legislature became increasingly assertive in 1987,
rejecting three presidential nominees for the Supreme Court
and defeating or deferring several pieces of legislation
supported by the executive branch. Nonetheless, the President
can still count on legislative support on issues of prime
importance to him. For example, after controversial remarks
by the Chairman of the United Peoples Party (UPP) in August,
President Doe convoked a special session of the legislature
and reportedly demanded that the party be banned. No action
was taken ultimately, but the heavy official condemnation of
the UPP leader served to chill the political atmosphere. On
another issue, the Cheapoo impeachment, the Senate was
unanimous in its impeachment conviction, despite the fact that
the general public was clearly divided on the issue. In each
of these incidents, widespread dislike for the target of the
President's ire helped him win legislative support. Opposition
parties continue to boycott the legislature; however, a group
of legislators, elected in 1985 on opposition tickets but
taking seats as independents, has formed a caucus and
functions as an informal opposition party.
The Constitution prohibits the creation of a one-party state,
ensures free and fair elections by secret ballot, and provides
for an Elections Commission to monitor all political activities
in the country. The elections law empowers the Commission to
certify parties, conduct all elections, and count election
ballots. The five Commission members are appointed by the
executive for life and currently are all ex-NDPL members.
Citing the widespread fraud that occurred during the 1985
elections, the opposition has called for an independent
vote-counting mechanism.
Three opposition political parties are officially recognized
by the Elections Commission--the United Peoples Party, the
Liberian Action Party, and the Unity Party. A fourth party,
the Liberian Unification Party (LUP) , had its charter revoked
for failure to comply with financial requirements for
registration .
In June 1987, nonpartisan elections for traditional tribal
chiefs were held by secret ballot. The Elections Commission
encountered great difficulty in educating the largely
illiterate rural population in election procedures. Reports
of vote-tampering and other irregularities also marred the
elections. A group of 47 unsuccessful candidates, from a
total of over 1,400 contenders, petitioned the Supreme Court
to invalidate the announced results. The issue dissipated
following an appeal to the chiefs from President Doe to accept
the election results.
The opposition UPP joined the NDPL in contesting byelections
for two legislative seats in December. Turnout for the
elections, which were won by the NDPL, was very low.
Controversy arose once more over vote counting procedures,
although the UPP did not formally challenge the outcome.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
No international organizations are known to have sought the
Liberian Government's cooperation in 1987 to investigate any
alleged human rights violations. The Government permitted
representatives from several groups, including Amnesty
International and the Lawyers Committee for Human Rights, to
observe controversial treason trials held in 1986. The
Government received an official from the International
Committee of the Red Cross (ICRC) in May and routinely permits
representatives of the local Red Cross to visit prison
facilities in the Monrovia area. The isolated maximum security
prison at Belle Yella is generally considered off-limits to
outside inspection, though a group of reporters was permitted
to visit the facility in 1986.
The National Alliance for Peace and Human Rights, a nonpartisan
human rights organization formed by Liberians in 1986, lapsed
into inactivity in 1987, in large part because of
organizational problems. While the Government never granted
the group official recognition, there was no attempt to
prevent it from meeting.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
The Constitution states that "only persons who are Negroes or
of Negro descent" shall qualify by birth or naturalization to
be citizens of Liberia. The Constitution further states that
only Liberian citizens can own real property. These provisions
discriminate against many nonblack residents who were born in
Liberia and consider it their home. Otherwise, there is no
officially sanctioned discrimination on the basis of race,
sex, religion, language, or social status. However, members
of President Doe's Krahn ethnic group hold a disproportionate
number of high posts in the Government and military and are
widely believed to be given preference in competing for
lower-level jobs.
The status of women varies by region. In urban areas and
along the coast, women can inherit land and property. In
rural areas, where traditional ties are stronger, a woman is
normally considered the property of her husband and his clan
and is not usually entitled to inherit from her husband. In
newly urban areas, many women are subject to both customary
and statutory legal systems. Female circumcision is widely
practiced by those Liberians following traditional religions.
Women in Liberia currently hold posts in the Cabinet, the
legislature, the judiciary, and professions throughout the
modern economy, but remain underrepresented in most jobs in
the wage economy.
CONDITIONS OF LABOR
Liberia's labor laws provide for minimum wages and set health
and safety standards. The minimum wage of an agricultural
worker, for example, is $2.00 per day. The workweek is
normally 40 hours. Inspection is not rigorous, however.
Employers are prohibited from employing children under 16
years of age during school hours. This is a difficult statute
to enforce, since many children are engaged in subsistence
farming and only a minority ever attend school. Any employee
can file a grievance with a labor inspector
