Liberia is an African country located on the shores of the Atlantic ocean, sharing a border with Sierra Leone, Guinea, Ivory Coast. The population of this country is approx 55,06,280 with 1,11,369 square kilometers area.
Liberia began in the early 19th century as a project of the American Colonization Society, which believed that freedom and prosperity for Black people would be better preserved in Africa than in America. Between 1822 and the outbreak of the American Civil War in 1861, more than 15,000 freed and free-born African Americans, along with 3,198 Afro-Caribbeans, relocated to Liberia. Liberia declared independence on 1847, which the U.S. did not recognize until 1862.
The Americo-Liberian settlers did not relate well to the native peoples they encountered. Former enslaved blacks from America enslaved native African blacks. Colonial settlements were raided by native people. Americo-Liberians formed into a small elite that held disproportionate political power. Native Africans were excluded from birthright citizenship in their own land until 1904.
Do we really have any interest to learn from our history?
Freedom of speech is recognized under the Liberian constitution, but can be limited in cases such as defamation, fraud, false advertising and copyright infringement. Registration of a political party is not acceptable if that seeks to undermine or abolish the free democratic society of Liberia or endanger the existence of the Republic. Corporations and labor unions are not able to donate to political party funds. There is no scope for suspension or annulment of constitution, parliament, courts etc. in Emergency period.
These are positive aspects. Now let's discuss the negative aspects.
According to Article 68 of the Constitution, the President shall, with the consent of the Senate, appoint any Liberian of good moral character as Chief Justice and Associate Justice of the Supreme Court. There is no explanation of what is meant by 'having good moral character' in this case.
Admirable Articles of Liberia's Constitution
Article 11
● All persons are born equally free and independent and have certain natural, inherent and inalienable rights, among which are the right of enjoying and defending life and liberty, of pursuing and maintaining and security of the person and of acquiring, possessing and protecting property, subject to such qualifications as provided for in this Constitution.
● All persons, irrespective of ethnic background, race, sex, creed, place of origin or political opinion, are entitled to the fundamental rights and freedoms of the individual, subject to such qualifications as provided for in this Constitution.
● All persons are equal before the law and are therefore entitled to the equal protection of the law.
Article 12
No person shall be held in slavery or forced labor within the Republic, nor shall any citizen of Liberia nor any person resident therein deal in slaves or subject any other person to forced labor, debt bondage or peonage; but labor reasonably required in consequence of a court sentence or order conforming to acceptable labor standards, service in the military, work or service which forms part of normal civil obligations or service exacted in cases of emergency or calamity threatening the life or well-being of the community shall not be deemed forced labor.
Article 14
All persons shall be entitled to freedom of thought, conscience and religion and no person shall be hindered in the enjoyment thereof except as may be required by law to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. All persons who, in the practice of their religion, conduct themselves peaceably, not obstructing others and conforming to the standards set out herein, shall be entitled to the protection of the law. No religious denomination or sect shall have any exclusive privilege or preference over any other, but all shall be treated alike; and no religious tests shall be required for any civil or military office or for the exercise of any civil right. Consistent with the principle of separation of religion and state, the Republic shall establish no state religion.
Article 15 (Part of it)
● Every person shall have the right to freedom of expression, being fully responsible for the abuse thereof. This right shall not be curtailed, restricted or enjoined by government save during an emergency declared in accordance with this Constitution.
● This freedom may be limited only by judicial action in proceedings grounded in defamation or invasion of the rights of privacy and publicity or in the commercial aspect of expression in deception, false advertising and copyright infringement.
Article 18
All Liberian citizens shall have equal opportunity for work and employment regardless of sex, creed, religion, ethnic background, place of origin or political affiliation, and all shall be entitled to equal pay for equal work.
Article 80 (Part of it)
● Parties or organizations which, by reason of their aims or the behavior of their adherents, seek to impair or abolish the free democratic society of Liberia or to endanger the existence of the Republic shall be denied registration.
● Parties or organization which retain, organize, train or equip any person or group of persons for the use or display of physical force or coercion in promoting any political objective or interest, trained or equipped, shall be denied registration, or if registered, shall have their registration revoked.
Article 81 (Part of it)
● Constitution and laws of the land, shall have the right to canvass for the votes for any political party or candidate at any election, provided that corporate and business organizations and labor unions are excluded from so canvassing directly or indirectly in whatsoever form.
Article 82 (Part of it)
● Any citizen or citizens, political party association or organization, being of Liberian nationality or origin, shall have the right to contribute to the funds or election expenses of any political party or candidate; provided that corporate and business organizations and labor unions shall be excluded from making and contribution to the funds or expenses of any political party. The Legislature shall by law prescribe the guidelines under which such contributions may be made and the maximum amount which may be contributed.
Article 87
● Emergency powers do not include the power to suspend or abrogate the Constitution, dissolve the Legislature, or suspend or dismiss the Judiciary; and no constitutionals amendment shall be promulgated during a state of emergency. Where the Legislature is not in session, it must be convened immediately in special session and remain in session during the entire period of the state of emergency.
● The writ of habeas corpus shall remain available and exercisable at all times and shall not be suspended on account of any state of emergency. It shall be enjoyed in the most free, easy, inexpensive, expeditious and ample manner. Any person who suffers from a violation of this right may challenge such violation in a court of competent jurisdiction.
Facts of Liberia's Constitution
Preamble (Part of it)
We the People of the Republic of Liberia:
Acknowledging our devout gratitude to God for our existence as a Free, Sovereign and Independent State, and relying on His Divine Guidance for our survival as a Nation;
Article 68
The Chief Justice and Associate Justice of the Supreme Court shall, with the consent of the Senate, be appointed and commissioned by the President; provided that any person so appointed shall be:
● a citizen of Liberia and of good moral character; and
● a counselor of the Supreme Court Bar who has practiced for at least 5 years.
