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TITLE: LIBERIA HUMAN RIGHTS REPORT, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Various factions attacked ECOMOG peacekeeping forces throughout
the year and on a number of occasions took ECOMOG soldiers
hostage. At least eight ECOMOG soldiers lost their lives, and
many were wounded. Similarly, the warring factions detained
UNOMIL staff members and at times tortured them.
ECOMOG soldiers also inflicted suffering on the civilian
population. Individual soldiers committed a number of serious
illegal activities, including systematic looting not only of
small, easily transportable goods but also the stripping of
entire buildings for scrap to be sold abroad. Credible reports
indicated that members of ECOMOG facilitated the delivery
of--if not delivering--weapons and ammunition to the AFL, LPC,
and ULIMO combatants fighting to dislodge Taylor's NPFL.
Allegedly, some ECOMOG soldiers engaged in the illegal drug
trade (heroin and cocaine) and used Liberia as a transit point
for drugs coming in from Nigeria and Ghana for onward
shipment. ECOMOG soldiers were also accused of using children
as young as 8 years of age as prostitutes.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are provided for in the 1985 Constitution and,
with some significant limitations, citizens generally exercised
these rights in Monrovia. Liberians are free to criticize the
LNTG and ECOMOG, although they usually show restraint and
self-censorship in favor of the temporary Governments.
Due primarily to continued economic stagnation, the number of
publications in Monrovia fluctuated from month to month. At
year's end, there were eight privately owned newspapers in
Monrovia. While a restrictive, Doe-era media law providing the
Ministry of Information wide discretion in licensing and
regulating journalists remained on the books, official press
censorship was not pervasive in Monrovia. Also, there were no
newspapers forcibly closed during the year. Reflecting local
opinion, most of the Monrovia press tended to be anti-NPFL; and
some journalists admitted to self-censorship in favor of the
interim governments.
Other journalists asserted that public calls by IGNU and
subsequently LNTG officials for a "more responsible" press had
a chilling effect on journalistic freedom. At times,
government officials and senior ECOMOG officers, offended by
articles, insisted on meeting privately with journalists.
Perhaps most chilling were the reported threats to individual
journalists by persons claiming to represent one or another of
the warring factions. After a group of citizens from ULIMO
territory published a statement in Monrovia that ULIMO should
relinquish control of the western counties to the LNTG, the
ULIMO leadership threatened physical harm to journalists who
published articles making such suggestions.
There was no overt general attempt to censor the press, such as
the mid-1993 directive from IGNU that journalists submit all
"war-related" stories to the Ministries of Information and
Justice for clearance on national security grounds. At that
time, the Press Union of Liberia (PUL) and newspaper publishers
objected to the measure as a prior restraint, but the PUL and
IGNU later compromised on guidelines for military reporting.
Those guidelines continued in effect and undoubtedly
constituted part of the basis for self-censorship. Except when
fighting became too widespread, international journalists were
able to visit contested zones and to file reports without
official censorship. Because of the fighting, journalists from
Monrovia cannot report on events in NPFL areas, and vice versa.
Outside Monrovia, residents of Liberia exercised extreme care
in their criticism of the various factions. Although NPFL
leader Charles Taylor affirmed publicly on several occasions
his support of free speech, citizens in his area were subject
to sanctions for criticizing the NPFL. There were two pro-NPFL
newspapers intermittently published in NPFL territory, but no
newspapers were printed in ULIMO- or LPC-controlled areas.
Both NPFL papers were initially denied permission to circulate
in Monrovia by the LNTG because they were not legally
"registered." LNTG officials seized copies of one of the
papers on at least one occasion.
ECOMOG, IGNU, and subsequently the LNTG supported a radio
station (ELBC) which broadcast progovernment (and at times
sycophantic) programming throughout 1994. Many credible
journalists alleged substantial censorship of ELBC. A
privately owned radio station began broadcasting from Monrovia
in October 1993 but limited its news and commentary in order to
avoid possible governmental interference. The NPFL continued
to operate intermittently at least one radio station, which
uncritically supported Charles Taylor.
The University of Liberia functioned throughout 1994 despite
some delays caused by financial problems. Academic freedom was
generally respected, although the university authorities and
most of the student body criticized pro-NPFL expression.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the rights of peaceful assembly
and association. ECOMOG, apparently with full IGNU agreement,
imposed a nighttime curfew in Monrovia from 7 p.m. to 7 a.m.
after the NPFL attack in 1992; the curfew continued in force.
ECOMOG soldiers enforced the measure strictly and arrested
numerous persons for noncompliance. ECOMOG periodically meted
out corporal punishment to repeat curfew violators.
The LNTG and ECOMOG permitted political parties and other
groups to organize freely and hold public meetings in Monrovia,
but ECOMOG did prohibit an outdoor peace rally in July and
generally discouraged parades or demonstrations for security
reasons. The NPFL and ULIMO-Mandingo forces severely
restricted freedom of assembly and association in their areas.
In other factions' areas, residents felt intimidated and did
not attempt demonstrations.
c. Freedom of Religion
The 1985 Constitution recognizes freedom of religion as a
fundamental right, and Liberia has no established state
religion. There was no evidence of systematic violation of
religious freedom by warring factions, but there were isolated
and sometimes violent incidents of religious repression by
local fighters, especially by Muslim ULIMO-Mandingo forces (see
Section 1.a.).
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides for freedom of movement throughout
Liberia as well as the right to leave or enter the country at
will. ECOMOG monitored freedom of movement at checkpoints
within Monrovia and around its perimeter.
Factional fighting interfered with freedom of movement, ranging
from resettlement of displaced persons to ordinary commerce and
travel. ECOMOG restricted the movement of civilians,
humanitarian aid and staffers at various times throughout the
year. All factions impeded the movement of relief workers and
supplies and extorted, humiliated, and harassed citizens at
checkpoints and makeshift barricades.
Of a total estimated population of almost 2.7 million at the
end of 1994, approximately 1.1 million Liberians have been
internally displaced since 1990, and 776,000 were refugees in
neighboring west African countries, many out of fear of ethnic
persecution. The number of refugees fluctuated depending on
the intensity and proximity of the fighting to population
centers. Many of the displaced went to Monrovia, including the
6,000 former refugees who returned to Liberia, reportedly
because of the security and more reliable relief supplies.
There were approximately 130,000 Sierra Leonean refugees in
Liberia as the civil war spilled over into Sierra Leone. Many
Sierra Leoneans suffered mistreatment by both ULIMO factions
and the NPFL as they were displaced from camps in western
counties and made their way to camps in Lofa county, where
approximately 70,000 reside, and camps in and around Monrovia.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Despite constitutional and statutory provisions for free and
fair elections, Liberians could not exercise the right to
change their government. Implementation of the July 1993
Cotonou Accord and followup September 1994 Akosombo Agreement
lagged as the factions continued to argue at year's end over
the detailed arrangements and timetable for seating a new
transitional government, disarmament, and demobilization. The
December Akosombo Clarification Agreement postponed elections
until November 1995 and the installation of an elected
government until January 1996.
The LNTG installed in March 1994 is a weak transition
Government comprised of representatives of the signatories to
the Cotonou Accord--IGNU, NPFL, and ULIMO. There is a 5-person
Council of State appointed by the signatory factions, a
35-member Transitional Legislative Assembly (TLA) also
appointed by the factions, and the judiciary. At the end of
the year, it remained to be seen whether the factions could
implement the new LNTG called for in the December 21 Accra
agreements.
There are no restrictions in law on the participation of women
in politics; in practice, two women hold cabinet-level
positions in the LNTG, and a few hold positions in the
legislature and judiciary. Overall numbers of women in the
LNTG and the various political parties are small.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The interim governments have permitted domestic and
international groups to operate freely. The few domestic human
rights organizations are relatively new and underfunded but
made progress improving their influence, visibility, and
performance.
There were no domestic human rights organizations extant
outside the ECOMOG-controlled areas due to the warring
factions' hostility to such organizations.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The 1985 Constitution prohibits discrimination based on ethnic
background, race, sex, creed, place of origin, or political
opinion, but discrimination exists in fact and in some cases in
law.
Women
The status of women varies by region, ethnic group, and
religion. Before the outbreak of the civil war, women held
one-quarter of the professional and technical occupations
available in Monrovia. Some women currently hold skilled jobs
in government, including in the Cabinet, legislature, and
judiciary. On the whole, however, the lot of women
deteriorated dramatically with the onset of war, the closing of
many schools, and the loss of their traditional role in
production, distribution, and sale of foodstuffs. In the past
3 years, several women's organizations formed in Monrovia and
Gbarnga to advance family welfare issues, to help promote
political reconciliation, and to assist in rehabilitating
former combatants as well as civilian victims of war. In urban
areas, women can inherit land and property. In rural areas,
where traditional customs are stronger, a wife is normally
considered the property of her husband and his clan and usually
is not entitled to inherit from her husband.
Women in most rural areas do much of the farm labor and have
only limited access to education. In the massive violence
inflicted on civilians during the conflict, women suffered the
gamut of abuses (see especially Sections 1.c. and 1.g.). Even
prior to the war, domestic violence against women was
extensive, but the Government, the courts, the media, and
women's groups never seriously addressed the issue. There are
several NGO's in Monrovia and Buchanan which have developed
programs for treating abused women and girls and increasing
their awareness of their human rights.
Children
In the civil war, the various sides have given almost no
attention to the welfare of children, whose education and
nurturing have been seriously disrupted. Many who were
disabled, orphaned, abandoned, or "lost" during a military
attack on their homes or villages, reportedly accepted the
protection and sustenance that joining a faction brought. Both
the NPFL and the ULIMO-Mandingos recruited and trained children
as cooks, spies, errand runners, guards, and in many instances
combatants. There were no precise figures on the number of
child soldiers, but some sources estimated that 10 percent of
the 40,000 to 60,000 combatants are under 15 years of age.
Many children are substance abusers and depend upon the
factions for supply. As a result, children have become both
victims and abusers in the conflict. Many suffer from
posttraumatic stress disorder. Some NGO's have initiated small
retraining and rehabilitation programs for a limited number of
former child fighters (see Section 6.d.).
International health experts have condemned female genital
mutilation (FGM), including clitoridectomy, as physically and
psychologically damaging to the girls and young women on whom
the operation is performed. In some instances, female health
professionals in the tribes have successfully participated in
the ceremony to the extent of providing hygienic conditions and
postoperative care. FGM is practiced primarily on young girls
by northern, western, and central tribes, particularly in rural
areas and among traditional societies. According to an
independent expert in the field, the percentage of Liberian
females who have undergone this procedure may be as high as 60
percent. Although there was one newspaper report of a failed
attempt to force a girl in Monrovia to undergo the procedure,
it was difficult to confirm the extent to which this procedure
was practiced in 1994 by Liberia's uprooted, displaced, and
often inaccessible population. The most extreme form of FGM,
infibulation, is not practiced in Liberia.
National/Racial/Ethnic Minorities
Although the Constitution bans ethnic discrimination, it also
provides that only "persons who are negroes or of negro
descent" may be citizens or own land, thus denying full rights
to many who were born or lived most of their lives in Liberia.
There has been no legislative initiative to repeal this racial
test. The 1975 Economic "Liberianization" Law prohibits
foreign ownership of certain businesses, such as travel
agencies, retail gasoline stations, and beer and soft drink
distributors. This law resulted in the rejection of several
foreign-owned business proposals.
The roots of the civil conflict can be found in the historical
division between the Americo-Liberian minority, who, despite
representing less than 5 percent of the population, for over
150 years dominated the political, economic, and cultural life
of the country, and the indigenous ethnic groups. The latter
frequently complained of government discrimination in many
areas, such as access to education and civil service jobs and
to infrastructure development.
The authoritarian military-based regime established after the
1980 coup mounted by Sergeant Doe and other AFL noncomissioned
officers progressively exacerbated ethnic tensions while
subverting the democratic reforms embodied in the 1985
Constitution. During the Doe regime, resentment grew over
domination of government by Doe's ethnic group, the Krahns,
which represent approximately 4 percent of the population.
Throughout the civil war, the factions have used an
individual's language to identify ethnicity and often summarily
executed those from groups considered hostile. The ULIMO
faction split in March along Krahn-Mandingo lines and fought
each other and the NPFL. The NPFL, supported by the Gio and
Mano groups, waged war against four preponderantly ethnically
constituted factions, three of them Krahn: The predominately
Krahn AFL troops in and around Monrovia, the Krahn LPC along
the southern coast and north into (Krahn) Grand Gedeh county,
and the ULIMO-Krahns in Bong county. The ULIMO-Mandingos made
incursions against the NPFL in Bong county and from early
September until December held control of Gbarnga, the NPFL
stronghold (see Section 1.g.).
Religious Minorities
While the law prohibits religious discrimination, there were
claims of discrimination in practice. Some Muslims, who
represent a growing share of the population, believe that
Liberia's secular culture gives preference to Christianity in
civic ceremony and observances, and that discrimination spills
over into areas of individual opportunity and employment. The
Muslim education system stresses religious as opposed to
skills-based learning. As a result, the authorities frequently
by-passed Muslims for the highly sought-after technical and
bureaucratic jobs available in government. In addition, many
Liberian Muslims believe that their access to jobs and roles in
public life is restricted by an anti-Muslim bias in many
sectors of Liberian society with a predominately Christian
orientation.
People with Disabilities
The protracted civil war has produced a large number of persons
with permanent injuries in addition to persons disabled from
other causes. There is no legal discrimination against the
disabled, but in practice they do not enjoy equal access to
education, employment, and scant social services. There are no
laws mandating accessibility to public buildings or services.
Section 6 Worker Rights
a. The Right of Association
The 1985 Constitution states that workers, except military and
police, have the right to associate in trade unions (see also
Section 6.b.). However, as with virtually all other organized
activity in the country, unions disappeared during the height
of the 1989-90 war. With the signing of the July 1993 Cotonou
Peace Accord, many industries planned to resume, and affected
unions began reorganizing and attempting to locate members.
However, union efforts to reorganize generally faltered in 1994
as factional fighting increased. The most active organization
was the Ship Workers' Union.
The 1985 Constitution is silent on the right to strike. While
the Labor Code provides for this right, the Doe government
issued a no-strike decree in 1980. Governments up to 1990
intimidated labor officials, assuring a generally docile work
force and labor environment. Neither of the subsequent IGNU
and LNTG legislative assemblies repealed or affirmed the
no-strike decree, which was not challenged in 1994 as there
were no strikes. During the year, the LNTG took no
discriminatory actions against organized labor.
In 1990 the U.S. Government suspended Liberia's eligibility for
trade benefits under the Generalized System of Preferences
because of its violations of worker rights.
Labor unions have traditionally affiliated freely with
international labor groups.
b. The Right to Organize and Bargain Collectively
With the important exception of civil servants, workers
(including employees of public corporations and autonomous
agencies) have the right to organize and bargain collectively.
In the past, labor and employers negotiated agreements freely
without government interference. In 1994 these rights were
largely moot because of the lack of economic enterprise,
especially in Monrovia, where only a few businesses resumed
operations, usually with reduced staffing. There were no
formal mechanisms in place for resolving complaints of
discrimination against union workers.
There was no activity in Liberia's one export processing zone
(EPZ) which has been inoperative since 1990 when fighting
reached the free port of Monrovia. When operational, labor
laws have the same force in the EPZ as elsewhere in the country.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced labor, but even before the
civil war local authorities widely ignored this prohibition in
rural areas where farmers were pressured into providing free
labor on "community projects," which often benefited only local
leaders. The warring factions used forced labor during the
fighting, especially for moving equipment or supplies.
According to credible reports, ULIMO-Mandingo fighters also
used Sierra Leonean refugees to acquire food for them,
occasioning the flight and repatriation of approximately 5,000
Sierra Leoneans from Vahun, Lofa county.
d. Minimum Age for Employment of Children
Under the Doe government, the law prohibited employment of
children under age 16 during school hours in the wage sector.
This law is still technically in effect, but there is no
enforcement. Even earlier, enforcement by the Ministry of
Labor was limited, and small children continued to assist their
parents as vendors in local markets and on family subsistence
farms. This practice persisted in 1994, particularly in those
areas where school had been closed because of the war. During
the conflict, the NPFL and ULIMO-Mandingos recruited young
children as soldiers, many of whom had been orphaned; some were
less than 12 years of age. Many of these children, especially
in the NPFL, remained under arms in 1994 (see Section 5).
e. Acceptable Conditions of Work
The Labor Code provides for a minimum wage, paid leave,
severance benefits, and safety standards. Before the economy
collapsed, the legal minimum wage varied according to
profession but did not generally provide a decent standard of
living for a worker and family. (The minimum wage for
agricultural workers was approximately 90 cents per day, with
industrial workers receiving three or four times that amount.)
Often workers were forced to supplement their incomes through
other activities to maintain a minimal standard of living.
Those not displaced turned to subsistence farming. The minimum
wage was not enforced adequately by the Ministry of Labor.
The Labor Code provides for a 48-hour, 6-day regular workweek
with a 30-minute rest period for every 5 hours of work. The
6-day workweek may extend to 56 hours for service occupations
and to 72 hours for miners, with overtime pay beyond 48 hours.
In view of the low level of economic activity during 1994, most
employers ignored these various regulations, and there was very
little attempt at enforcement in the country.
Prior to 1990, there also had been government-established
health and safety standards, enforced in principle by the
Ministry of Labor. Workers did not have a legal right to
remove themselves from dangerous work situations.